Public Act 099-0030

SB1319 Enrolled LRB099 06560 NHT 26633 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The School Code is amended by changing Sections

1A-10, 1C-4, 2-3.12, 2-3.25o, 2-3.39, 2-3.62, 2-3.64a-5, 3-1,

3-2.5, 3-11, 3-15.6, 3-15.10, 3-15.17, 10-17a, 14-8.02,

14-9.01, 14C-1, 14C-2, 14C-3, 14C-5, 14C-7, 14C-9, 14C-11,

27A-5, 34-2.4, and 34-8.17 and by renumbering and changing

Section 2-3.160 as follows:

(105 ILCS 5/1A-10)

Sec. 1A-10. Divisions of Board. The State Board of

Education shall have, without limitation, the following ,

before April 1, 2005, create divisions within the Board,

including without limitation the following:

(1) Educator Effectiveness Teaching and Learning

Services for All Children.

(2) Improvement and Innovation School Support Services

for All Schools.

(3) Fiscal Support Services.

(4) (Blank).

(5) Internal Auditor.

(6) Human Resources.

(7) Legal.

(8) Specialized Instruction, Nutrition, and Wellness.

(9) Language and Early Childhood Development.

The State Board of Education may, after consultation with the

General Assembly, add any divisions or functions to the Board

that it deems appropriate and consistent with Illinois law.

(Source: P.A. 95-793, eff. 1-1-09.)

(105 ILCS 5/1C-4)

Sec. 1C-4. Reports. The State Superintendent of Education,

in cooperation with the school districts participating under

this Article, shall annually report to the leadership of the

General Assembly on the progress made in implementing this

Article. By February 1, 1997, the State Board of Education

shall submit to the Governor and General Assembly a

comprehensive plan for Illinois school districts, including

the school district that has been organized under Article 34

and is under the jurisdiction of the Chicago Board of

Education, to establish and implement a block grant funding

system for educational programs that are currently funded

through single-program grants. Before submitting its plan to

establish and implement a block grant funding system to the

Governor and General Assembly as required by this Section, the

State Board of Education shall give appropriate notice of and

hold statewide public hearings on the subject of funding

educational programs through block grants. The plan shall be

designed to relieve school districts of the administrative

burdens that impede efficiency and accompany single-program

funding. A school district that receives an Early Childhood

Education Block Grant shall report to the State Board of

Education on its use of the block grant in such form and detail

as the State Board of Education may specify. In addition, the

report must include the following description for the district,

which must also be reported to the General Assembly: block

grant allocation and expenditures by program; population and

service levels by program; and administrative expenditures by

program. The State Board of Education shall ensure that the

reporting requirements for a district organized under Article

34 of this Code are the same as for all other school districts

in this State.

(Source: P.A. 97-238, eff. 8-2-11.)

(105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)

Sec. 2-3.12. School building code.

(a) To prepare for school boards with the advice of the

Department of Public Health, the Capital Development Board, and

the State Fire Marshal a school building code that will

conserve the health and safety and general welfare of the

pupils and school personnel and others who use public school

facilities.

(b) Within 2 years after September 23, 1983, and every 10

years thereafter, or at such other times as the State Board of

Education deems necessary or the regional superintendent so

orders, each school board subject to the provisions of this

Section shall again survey its school buildings and effectuate

any recommendations in accordance with the procedures set forth

herein.

(1) An architect or engineer licensed in the State of

Illinois is required to conduct the surveys under the

provisions of this Section and shall make a report of the

findings of the survey titled "safety survey report" to the

school board.

(2) The school board shall approve the safety survey

report, including any recommendations to effectuate

compliance with the code, and submit it to the Regional

Superintendent.

(3) The Regional Superintendent shall render a

decision regarding approval or denial and submit the safety

survey report to the State Superintendent of Education.

(4) The State Superintendent of Education shall

approve or deny the report including recommendations to

effectuate compliance with the code and, if approved, issue

a certificate of approval.

(5) Upon receipt of the certificate of approval, the

Regional Superintendent shall issue an order to effect any

approved recommendations included in the report. The

report shall meet all of the following requirements:

(A) Items in the report shall be prioritized.

(B) Urgent items shall be considered as those items

related to life safety problems that present an

immediate hazard to the safety of students.

(C) Required items shall be considered as those

items that are necessary for a safe environment but

present less of an immediate hazard to the safety of

students.

(D) Urgent and required items shall reference a

specific rule in the code authorized by this Section

that is currently being violated or will be violated

within the next 12 months if the violation is not

remedied.

(6) The school board of each district so surveyed and

receiving a report of needed recommendations to be made to

maintain standards of safety and health of the pupils

enrolled shall effectuate the correction of urgent items as

soon as achievable to ensure the safety of the students,

but in no case more than one year after the date of the

State Superintendent of Education's approval of the

recommendation.

(7) Required items shall be corrected in a timely

manner, but in no case more than 5 years from the date of

the State Superintendent of Education's approval of the

recommendation.

(8) Once each year the school board shall submit a

report of progress on completion of any recommendations to

effectuate compliance with the code.

(c) As soon as practicable, but not later than 2 years

after January 1, 1993, the State Board of Education shall

combine the document known as "Efficient and Adequate Standards

for the Construction of Schools" with the document known as

"Building Specifications for Health and Safety in Public

Schools" together with any modifications or additions that may

be deemed necessary. The combined document shall be known as

the "Health/Life Safety Code for Public Schools" and shall be

the governing code for all facilities that house public school

students or are otherwise used for public school purposes,

whether such facilities are permanent or temporary and whether

they are owned, leased, rented, or otherwise used by the

district. Facilities owned by a school district but that are

not used to house public school students or are not used for

public school purposes shall be governed by separate provisions

within the code authorized by this Section.

(d) The 10 year survey cycle specified in this Section

shall continue to apply based upon the standards contained in

the "Health/Life Safety Code for Public Schools", which shall

specify building standards for buildings that are constructed

prior to January 1, 1993 and for buildings that are constructed

after that date.

(e) The "Health/Life Safety Code for Public Schools" shall

be the governing code for public schools; however, the

provisions of this Section shall not preclude inspection of

school premises and buildings pursuant to Section 9 of the Fire

Investigation Act, provided that the provisions of the

"Health/Life Safety Code for Public Schools", or such

predecessor document authorized by this Section as may be

applicable are used, and provided that those inspections are

coordinated with the Regional Superintendent having

jurisdiction over the public school facility.

(e-5) After the effective date of this amendatory Act of

the 98th General Assembly, all new school building construction

governed by the "Health/Life Safety Code for Public Schools"

must include in its design and construction a storm shelter

that meets the minimum requirements of the ICC/NSSA Standard

for the Design and Construction of Storm Shelters (ICC-500),

published jointly by the International Code Council and the

National Storm Shelter Association. Nothing in this subsection

(e-5) precludes the design engineers, architects, or school

district from applying a higher life safety standard than the

ICC-500 for storm shelters.

(f) Nothing in this Section shall be construed to prohibit

the State Fire Marshal or a qualified fire official to whom the

State Fire Marshal has delegated his or her authority from

conducting a fire safety check in a public school.

(g) The Regional Superintendent shall address any

violations that are not corrected in a timely manner pursuant

to subsection (b) of Section 3-14.21 of this Code.

(h) Any agency having jurisdiction beyond the scope of the

applicable document authorized by this Section may issue a

lawful order to a school board to effectuate recommendations,

and the school board receiving the order shall certify to the

Regional Superintendent and the State Superintendent of

Education when it has complied with the order.

(i) The State Board of Education is authorized to adopt any

rules that are necessary relating to the administration and

enforcement of the provisions of this Section.

(j) The code authorized by this Section shall apply only to

those school districts having a population of less than 500,000

inhabitants.

(k) In this Section, a "qualified fire official" means an

individual that meets the requirements of rules adopted by the

State Fire Marshal in cooperation with the State Board of

Education to administer this Section. These rules shall be

based on recommendations made by the task force established

under Section 2-3.137 (now repealed) of this Code.

(Source: P.A. 98-883, eff. 1-1-15.)

(105 ILCS 5/2-3.25o)

Sec. 2-3.25o. Registration and recognition of non-public

elementary and secondary schools.

(a) Findings. The General Assembly finds and declares (i)

that the Constitution of the State of Illinois provides that a

"fundamental goal of the People of the State is the educational

development of all persons to the limits of their capacities"

and (ii) that the educational development of every school

student serves the public purposes of the State. In order to

ensure that all Illinois students and teachers have the

opportunity to enroll and work in State-approved educational

institutions and programs, the State Board of Education shall

provide for the voluntary registration and recognition of

non-public elementary and secondary schools.

(b) Registration. All non-public elementary and secondary

schools in the State of Illinois may voluntarily register with

the State Board of Education on an annual basis. Registration

shall be completed in conformance with procedures prescribed by

the State Board of Education. Information required for

registration shall include assurances of compliance (i) with

federal and State laws regarding health examination and

immunization, attendance, length of term, and

nondiscrimination and (ii) with applicable fire and health

safety requirements.

(c) Recognition. All non-public elementary and secondary

schools in the State of Illinois may voluntarily seek the

status of "Non-public School Recognition" from the State Board

of Education. This status may be obtained by compliance with

administrative guidelines and review procedures as prescribed

by the State Board of Education. The guidelines and procedures

must recognize that some of the aims and the financial bases of

non-public schools are different from public schools and will

not be identical to those for public schools, nor will they be

more burdensome. The guidelines and procedures must also

recognize the diversity of non-public schools and shall not

impinge upon the noneducational relationships between those

schools and their clientele.

(c-5) Prohibition against recognition. A non-public

elementary or secondary school may not obtain "Non-public

School Recognition" status unless the school requires all

certified and non-certified applicants for employment with the

school, after July 1, 2007, to authorize a fingerprint-based

criminal history records check as a condition of employment to

determine if such applicants have been convicted of any of the

enumerated criminal or drug offenses set forth in Section

21B-80 21-23a of this Code or have been convicted, within 7

years of the application for employment, of any other felony

under the laws of this State or of any offense committed or

attempted in any other state or against the laws of the United

States that, if committed or attempted in this State, would

have been punishable as a felony under the laws of this State.

Authorization for the check shall be furnished by the

applicant to the school, except that if the applicant is a

substitute teacher seeking employment in more than one

non-public school, a teacher seeking concurrent part-time

employment positions with more than one non-public school (as a

reading specialist, special education teacher, or otherwise),

or an educational support personnel employee seeking

employment positions with more than one non-public school, then

only one of the non-public schools employing the individual

shall request the authorization. Upon receipt of this

authorization, the non-public school shall submit the

applicant's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Department of State Police, to the Department

of State Police.

The Department of State Police and Federal Bureau of

Investigation shall furnish, pursuant to a fingerprint-based

criminal history records check, records of convictions,

forever and hereafter, until expunged, to the president or

principal of the non-public school that requested the check.

The Department of State Police shall charge that school a fee

for conducting such check, which fee must be deposited into the

State Police Services Fund and must not exceed the cost of the

inquiry. Subject to appropriations for these purposes, the

State Superintendent of Education shall reimburse non-public

schools for fees paid to obtain criminal history records checks

under this Section.

A non-public school may not obtain recognition status

unless the school also performs a check of the Statewide Sex

Offender Database, as authorized by the Sex Offender Community

Notification Law, for each applicant for employment, after July

1, 2007, to determine whether the applicant has been

adjudicated a sex offender.

Any information concerning the record of convictions

obtained by a non-public school's president or principal under

this Section is confidential and may be disseminated only to

the governing body of the non-public school or any other person

necessary to the decision of hiring the applicant for

employment. A copy of the record of convictions obtained from

the Department of State Police shall be provided to the

applicant for employment. Upon a check of the Statewide Sex

Offender Database, the non-public school shall notify the

applicant as to whether or not the applicant has been

identified in the Sex Offender Database as a sex offender. Any

information concerning the records of conviction obtained by

the non-public school's president or principal under this

Section for a substitute teacher seeking employment in more

than one non-public school, a teacher seeking concurrent

part-time employment positions with more than one non-public

school (as a reading specialist, special education teacher, or

otherwise), or an educational support personnel employee

seeking employment positions with more than one non-public

school may be shared with another non-public school's principal

or president to which the applicant seeks employment. Any

person who releases any criminal history record information

concerning an applicant for employment is guilty of a Class A

misdemeanor and may be subject to prosecution under federal

law, unless the release of such information is authorized by

this Section.

No non-public school may obtain recognition status that

knowingly employs a person, hired after July 1, 2007, for whom

a Department of State Police and Federal Bureau of

Investigation fingerprint-based criminal history records check

and a Statewide Sex Offender Database check has not been

initiated or who has been convicted of any offense enumerated

in Section 21B-80 of this Code or any offense committed or

attempted in any other state or against the laws of the United

States that, if committed or attempted in this State, would

have been punishable as one or more of those offenses. No

non-public school may obtain recognition status under this

Section that knowingly employs a person who has been found to

be the perpetrator of sexual or physical abuse of a minor under

18 years of age pursuant to proceedings under Article II of the

Juvenile Court Act of 1987.

In order to obtain recognition status under this Section, a

non-public school must require compliance with the provisions

of this subsection (c-5) from all employees of persons or firms

holding contracts with the school, including, but not limited

to, food service workers, school bus drivers, and other

transportation employees, who have direct, daily contact with

pupils. Any information concerning the records of conviction or

identification as a sex offender of any such employee obtained

by the non-public school principal or president must be

promptly reported to the school's governing body.

(d) Public purposes. The provisions of this Section are in

the public interest, for the public benefit, and serve secular

public purposes.

(e) Definition. For purposes of this Section, a non-public

school means any non-profit, non-home-based, and non-public

elementary or secondary school that is in compliance with Title

VI of the Civil Rights Act of 1964 and attendance at which

satisfies the requirements of Section 26-1 of this Code.

(Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)

(105 ILCS 5/2-3.39) (from Ch. 122, par. 2-3.39)

Sec. 2-3.39. Department of Transitional Bilingual

Education. To establish a Department of Transitional Bilingual

Education. In selecting staff for the Department of

Transitional Bilingual Education the State Board of Education

shall give preference to persons who are natives of foreign

countries where languages to be used in transitional bilingual

education programs are the predominant languages. The

Department of Transitional Bilingual Education has the power

and duty to:

(1) Administer and enforce the provisions of Article 14C of

this Code including the power to promulgate any necessary rules

and regulations.

(2) Study, review, and evaluate all available resources and

programs that, in whole or in part, are or could be directed

towards meeting the language capability needs of child English

learners and adult English learners children and adults of

limited English-speaking ability residing in the State.

(3) Gather information about the theory and practice of

bilingual education in this State and elsewhere, and encourage

experimentation and innovation in the field of bilingual

education.

(4) Provide for the maximum practical involvement of

parents of bilingual children, transitional bilingual

education teachers, representatives of community groups,

educators, and laymen knowledgeable in the field of bilingual

education in the formulation of policy and procedures relating

to the administration of Article 14C of this Code.

(5) Consult with other public departments and agencies,

including but not limited to the Department of Community

Affairs, the Department of Public Welfare, the Division of

Employment Security, the Commission Against Discrimination,

and the United States Department of Health, Education, and

Welfare in connection with the administration of Article 14C of

this Code.

(6) Make recommendations in the areas of preservice and

in-service training for transitional bilingual education

teachers, curriculum development, testing and testing

mechanisms, and the development of materials for transitional

bilingual education programs.

(7) Undertake any further activities which may assist in

the full implementation of Article 14C of this Code and to make

an annual report to the General Assembly to include an

evaluation of the program, the need for continuing such a

program, and recommendations for improvement.

The requirement for reporting to the General Assembly shall

be satisfied by filing copies of the report with the Speaker,

the Minority Leader and the Clerk of the House of

Representatives and the President, the Minority Leader and the

Secretary of the Senate and the Legislative Research Unit, as

required by Section 3.1 of "An Act to revise the law in

relation to the General Assembly", approved February 25, 1874,

as amended, and filing such additional copies with the State

Government Report Distribution Center for the General Assembly

as is required under paragraph (t) of Section 7 of the State

Library Act.

(Source: P.A. 84-1438.)

(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)

Sec. 2-3.62. Educational service centers.

(a) A regional network of educational service centers shall

be established by the State Board of Education to coordinate

and combine existing services in a manner which is practical

and efficient and to provide new services to schools as

provided in this Section. Services to be made available by such

centers shall include the planning, implementation and

evaluation of:

(1) (blank);

(2) computer technology education;

(3) mathematics, science and reading resources for

teachers including continuing education, inservice

training and staff development.

The centers may provide training, technical assistance,

coordination and planning in other program areas such as school

improvement, school accountability, financial planning,

consultation, and services, career guidance, early childhood

education, alcohol/drug education and prevention, family life -

sex education, electronic transmission of data from school

districts to the State, alternative education and regional

special education, and telecommunications systems that provide

distance learning. Such telecommunications systems may be

obtained through the Department of Central Management Services

pursuant to Section 405-270 of the Department of Central

Management Services Law (20 ILCS 405/405-270). The programs and

services of educational service centers may be offered to

private school teachers and private school students within each

service center area provided public schools have already been

afforded adequate access to such programs and services.

Upon the abolition of the office, removal from office,

disqualification for office, resignation from office, or

expiration of the current term of office of the regional

superintendent of schools, whichever is earlier, the chief

administrative officer of the centers serving that portion of a

Class II county school unit outside of a city of 500,000 or

more inhabitants shall have and exercise, in and with respect

to each educational service region having a population of

2,000,000 or more inhabitants and in and with respect to each

school district located in any such educational service region,

all of the rights, powers, duties, and responsibilities

theretofore vested by law in and exercised and performed by the

regional superintendent of schools for that area under the

provisions of this Code or any other laws of this State.

The State Board of Education shall promulgate rules and

regulations necessary to implement this Section. The rules

shall include detailed standards which delineate the scope and

specific content of programs to be provided by each Educational

Service Center, as well as the specific planning,

implementation and evaluation services to be provided by each

Center relative to its programs. The Board shall also provide

the standards by which it will evaluate the programs provided

by each Center.

(b) Centers serving Class 1 county school units shall be

governed by an 11-member board, 3 members of which shall be

public school teachers nominated by the local bargaining

representatives to the appropriate regional superintendent for

appointment and no more than 3 members of which shall be from

each of the following categories, including but not limited to

superintendents, regional superintendents, school board

members and a representative of an institution of higher

education. The members of the board shall be appointed by the

regional superintendents whose school districts are served by

the educational service center. The composition of the board

will reflect the revisions of this amendatory Act of 1989 as

the terms of office of current members expire.

(c) The centers shall be of sufficient size and number to

assure delivery of services to all local school districts in

the State.

(d) From monies appropriated for this program the State

Board of Education shall provide grants paid from the Personal

Property Tax Replacement Fund to qualifying Educational

Service Centers applying for such grants in accordance with

rules and regulations promulgated by the State Board of

Education to implement this Section.

(e) The governing authority of each of the 18 regional

educational service centers shall appoint a family life - sex

education advisory board consisting of 2 parents, 2 teachers, 2

school administrators, 2 school board members, 2 health care

professionals, one library system representative, and the

director of the regional educational service center who shall

serve as chairperson of the advisory board so appointed.

Members of the family life - sex education advisory boards

shall serve without compensation. Each of the advisory boards

appointed pursuant to this subsection shall develop a plan for

regional teacher-parent family life - sex education training

sessions and shall file a written report of such plan with the

governing board of their regional educational service center.

The directors of each of the regional educational service

centers shall thereupon meet, review each of the reports

submitted by the advisory boards and combine those reports into

a single written report which they shall file with the Citizens

Council on School Problems prior to the end of the regular

school term of the 1987-1988 school year.

(f) The 14 educational service centers serving Class I

county school units shall be disbanded on the first Monday of

August, 1995, and their statutory responsibilities and

programs shall be assumed by the regional offices of education,

subject to rules and regulations developed by the State Board

of Education. The regional superintendents of schools elected

by the voters residing in all Class I counties shall serve as

the chief administrators for these programs and services. By

rule of the State Board of Education, the 10 educational

service regions of lowest population shall provide such

services under cooperative agreements with larger regions.

(Source: P.A. 97-619, eff. 11-14-11; 98-24, eff. 6-19-13;

98-647, eff. 6-13-14.)

(105 ILCS 5/2-3.64a-5)

Sec. 2-3.64a-5. State goals and assessment.

(a) For the assessment and accountability purposes of this

Section, "students" includes those students enrolled in a

public or State-operated elementary school, secondary school,

or cooperative or joint agreement with a governing body or

board of control, a charter school operating in compliance with

the Charter Schools Law, a school operated by a regional office

of education under Section 13A-3 of this Code, or a public

school administered by a local public agency or the Department

of Human Services.

(b) The State Board of Education shall establish the

academic standards that are to be applicable to students who

are subject to State assessments under this Section. The State

Board of Education shall not establish any such standards in

final form without first providing opportunities for public

participation and local input in the development of the final

academic standards. Those opportunities shall include a

well-publicized period of public comment and opportunities to

file written comments.

(c) Beginning no later than the 2014-2015 school year, the

State Board of Education shall annually assess all students

enrolled in grades 3 through 8 in English language arts and

mathematics.

Beginning no later than the 2017-2018 school year, the

State Board of Education shall annually assess all students in

science at one grade in grades 3 through 5, at one grade in

grades 6 through 8, and at one grade in grades 9 through 12.

The State Board of Education shall annually assess schools

that operate a secondary education program, as defined in

Section 22-22 of this Code, in English language arts and

mathematics. The State Board of Education shall administer no

more than 3 assessments, per student, of English language arts

and mathematics for students in a secondary education program.

One of these assessments shall include a college and career

ready determination.

Students who are not assessed for college and career ready

determinations may not receive a regular high school diploma

unless the student is exempted from taking State assessments

under subsection (d) of this Section because (i) the student's

individualized educational program developed under Article 14

of this Code identifies the State assessment as inappropriate

for the student, (ii) the student is enrolled in a program of

adult and continuing education, as defined in the Adult

Education Act, (iii) the school district is not required to

assess the individual student for purposes of accountability

under federal No Child Left Behind Act of 2001 requirements,

(iv) the student has been determined to be an English language

learner, referred to in this Code as a student with limited

English proficiency, and has been enrolled in schools in the

United States for less than 12 months, or (v) the student is

otherwise identified by the State Board of Education, through

rules, as being exempt from the assessment.

The State Board of Education shall not assess students

under this Section in subjects not required by this Section.

Districts shall inform their students of the timelines and

procedures applicable to their participation in every yearly

administration of the State assessments. The State Board of

Education shall establish periods of time in each school year

during which State assessments shall occur to meet the

objectives of this Section.

(d) Every individualized educational program as described

in Article 14 shall identify if the State assessment or

components thereof are appropriate for the student. The State

Board of Education shall develop rules governing the

administration of an alternate assessment that may be available

to students for whom participation in this State's regular

assessments is not appropriate, even with accommodations as

allowed under this Section.

Students receiving special education services whose

individualized educational programs identify them as eligible

for the alternative State assessments nevertheless shall have

the option of taking this State's regular assessment that

includes a college and career ready determination, which shall

be administered in accordance with the eligible accommodations

appropriate for meeting these students' respective needs.

All students determined to be an English learners language

learner, referred to in this Code as a student with limited

English proficiency, shall participate in the State

assessments, excepting those students who have been enrolled in

schools in the United States for less than 12 months. Such

students may be exempted from participation in one annual

administration of the English language arts assessment. Any

student determined to be an English language learner, referred

to in this Code as a student with limited English proficiency,

shall receive appropriate assessment accommodations, including

language supports, which shall be established by rule. Approved

assessment accommodations must be provided until the student's

English language skills develop to the extent that the student

is no longer considered to be an English language learner,

referred to in this Code as a student with limited English

proficiency, as demonstrated through a State-identified

English language proficiency assessment.

(e) The results or scores of each assessment taken under

this Section shall be made available to the parents of each

student.

In each school year, the scores attained by a student on

the State assessment that includes a college and career ready

determination must be placed in the student's permanent record

and must be entered on the student's transcript pursuant to

rules that the State Board of Education shall adopt for that

purpose in accordance with Section 3 of the Illinois School

Student Records Act. In each school year, the scores attained

by a student on the State assessments administered in grades 3

through 8 must be placed in the student's temporary record.

(f) All schools shall administer an academic assessment of

English language proficiency in oral language (listening and

speaking) and reading and writing skills to all children

determined to be English language learners, referred to in

Section 14C-3 of this Code as children with limited

English-speaking ability.

(g) All schools in this State that are part of the sample

drawn by the National Center for Education Statistics, in

collaboration with their school districts and the State Board

of Education, shall administer the biennial academic

assessments under the National Assessment of Educational

Progress carried out under Section 411(b)(2) of the federal

National Education Statistics Act of 1994 (20 U.S.C. 9010) if

the U.S. Secretary of Education pays the costs of administering

the assessments.

(h) Subject to available funds to this State for the

purpose of student assessment, the State Board of Education

shall provide additional assessments and assessment resources

that may be used by school districts for local assessment

purposes. The State Board of Education shall annually

distribute a listing of these additional resources.

(i) For the purposes of this subsection (i), "academically

based assessments" means assessments consisting of questions

and answers that are measurable and quantifiable to measure the

knowledge, skills, and ability of students in the subject

matters covered by the assessments. All assessments

administered pursuant to this Section must be academically

based assessments. The scoring of academically based

assessments shall be reliable, valid, and fair and shall meet

the guidelines for assessment development and use prescribed by

the American Psychological Association, the National Council

on Measurement in Education, and the American Educational

Research Association.

The State Board of Education shall review the use of all

assessment item types in order to ensure that they are valid

and reliable indicators of student performance aligned to the

learning standards being assessed and that the development,

administration, and scoring of these item types are justifiable

in terms of cost.

(j) The State Superintendent of Education shall appoint a

committee of no more than 21 members, consisting of parents,

teachers, school administrators, school board members,

assessment experts, regional superintendents of schools, and

citizens, to review the State assessments administered by the

State Board of Education. The Committee shall select one of its

members as its chairperson. The Committee shall meet on an

ongoing basis to review the content and design of the

assessments (including whether the requirements of subsection

(i) of this Section have been met), the time and money expended

at the local and State levels to prepare for and administer the

assessments, the collective results of the assessments as

measured against the stated purpose of assessing student

performance, and other issues involving the assessments

identified by the Committee. The Committee shall make periodic

recommendations to the State Superintendent of Education and

the General Assembly concerning the assessments.

(k) The State Board of Education may adopt rules to

implement this Section.

(Source: P.A. 98-972, eff. 8-15-14.)

(105 ILCS 5/2-3.162)

Sec. 2-3.162 2-3.160. Student discipline report; school

discipline improvement plan.

(a) On or before October 31, 2015 and on or before October

31 of each subsequent year, the State Board of Education,

through the State Superintendent of Education, shall prepare a

report on student discipline in all school districts in this

State, including State-authorized charter schools. This report

shall include data from all public schools within school

districts, including district-authorized charter schools. This

report must be posted on the Internet website of the State

Board of Education. The report shall include data on the

issuance of out-of-school suspensions, expulsions, and

removals to alternative settings in lieu of another

disciplinary action, disaggregated by race and ethnicity,

gender, age, grade level, whether a student is an English

learner limited English proficiency, incident type, and

discipline duration.

(b) The State Board of Education shall analyze the data

under subsection (a) of this Section on an annual basis and

determine the top 20% of school districts for the following

metrics:

(1) Total number of out-of-school suspensions divided

by the total district enrollment by the last school day in

September for the year in which the data was collected,

multiplied by 100.

(2) Total number of out-of-school expulsions divided

by the total district enrollment by the last school day in

September for the year in which the data was collected,

multiplied by 100.

(3) Racial disproportionality, defined as the

overrepresentation of students of color or white students

in comparison to the total number of students of color or

white students on October 1st of the school year in which

data are collected, with respect to the use of

out-of-school suspensions and expulsions, which must be

calculated using the same method as the U.S. Department of

Education's Office for Civil Rights uses.

The analysis must be based on data collected over 3

consecutive school years, beginning with the 2014-2015 school

year.

Beginning with the 2017-2018 school year, the State Board

of Education shall require each of the school districts that

are identified in the top 20% of any of the metrics described

in this subsection (b) for 3 consecutive years to submit a plan

identifying the strategies the school district will implement

to reduce the use of exclusionary disciplinary practices or

racial disproportionality or both, if applicable. School

districts that no longer meet the criteria described in any of

the metrics described in this subsection (b) for 3 consecutive

years shall no longer be required to submit a plan.

This plan may be combined with any other improvement plans

required under federal or State law.

The calculation of the top 20% of any of the metrics

described in this subsection (b) shall exclude all school

districts, State-authorized charter schools, and special

charter districts that issued fewer than a total of 10

out-of-school suspensions or expulsions, whichever is

applicable, during the school year. The calculation of the top

20% of metric described in subdivision (3) of this subsection

(b) shall exclude all school districts with an enrollment of

fewer than 50 white students or fewer than 50 students of

color.

The plan must be approved at a public school board meeting

and posted on the school district's Internet website. Within

one year after being identified, the school district shall

submit to the State Board of Education and post on the

district's Internet website a progress report describing the

implementation of the plan and the results achieved.

(Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.)

(105 ILCS 5/3-1) (from Ch. 122, par. 3-1)

Sec. 3-1. Election; eligibility. Quadrennially there shall

be elected in every county, except those which have been

consolidated into a multicounty educational service region

under Article 3A and except those having a population of

2,000,000 or more inhabitants, a regional superintendent of

schools, who shall enter upon the discharge of his duties on

the first Monday of August next after his election; provided,

however, that the term of office of each regional

superintendent of schools in office on June 30, 2003 is

terminated on July 1, 2003, except that an incumbent regional

superintendent of schools shall continue to serve until his

successor is elected and qualified, and each regional

superintendent of schools elected at the general election in

2002 and every four years thereafter shall assume office on the

first day of July next after his election. No one is eligible

to file his petition at any primary election for the nomination

as candidate for the office of regional superintendent of

schools nor to enter upon the duties of such office either by

election or appointment unless he possesses the following

qualifications: (1) he is of good character, (2) he has a

master's degree, (3) he has earned at least 20 semester hours

of credit in professional education at the graduate level, (4)

he holds a valid all grade supervisory license, certificate or

a valid State state limited supervisory license certificate, or

a valid state life supervisory license certificate, or a valid

administrative license certificate, (5) he has had at least 4

years experience in teaching, and (6) he was engaged for at

least 2 years of the 4 previous years in full time teaching or

supervising in the common public schools or serving as a county

superintendent of schools or regional superintendent of

schools for an educational service region in the State of

Illinois.

No petition of any candidate for nomination for the office

of regional superintendent of schools may be filed and no such

candidate's name may be placed on a primary or general election

ballot, unless such candidate files as part of his petition a

certificate from the State Board of Education certifying that

from the records of its office such candidate has the

qualifications required by this Section; however, any

incumbent filing his petition for nomination for a succeeding

term of office shall not be required to attach such certificate

to his petition of candidacy.

Nomination papers filed under this Section are not valid

unless the candidate named therein files with the county clerk

or State Board of Elections a statement of economic interests

as required by the Illinois Governmental Ethics Act. Such

receipt shall be so filed either previously during the calendar

year in which his nomination papers were filed or within the

period for the filing of nomination papers in accordance with

the general election law.

The changes in qualifications made by Public Act 76-1563 do

not affect the right of an incumbent to seek reelection.

On and after July 1, 1994, the provisions of this Section

shall have no application in any educational service region

having a population of 2,000,000 or more inhabitants; provided

further that no election shall be held in November of 1994 or

at any other time after July 1, 1992 for the office of regional

superintendent of schools in any county or educational service

region having a population of 2,000,000 or more inhabitants.

(Source: P.A. 96-893, eff. 7-1-10.)

(105 ILCS 5/3-2.5)

Sec. 3-2.5. Salaries.

(a) Except as otherwise provided in this Section, the

regional superintendents of schools shall receive for their

services an annual salary according to the population, as

determined by the last preceding federal census, of the region

they serve, as set out in the following schedule:

SALARIES OF REGIONAL SUPERINTENDENTS OF SCHOOLS POPULATION OF REGION ANNUAL SALARY Less than 48,000 $73,500 61,000 48,000 to 99,999 $78,000 100,000 to 999,999 $81,500 1,000,000 and over $83,500

The changes made by Public Act 86-98 in the annual salary

that the regional superintendents of schools shall receive for

their services shall apply to the annual salary received by the

regional superintendents of schools during each of their

elected terms of office that commence after July 26, 1989 and

before the first Monday of August, 1995.

The changes made by Public Act 89-225 in the annual salary

that regional superintendents of schools shall receive for

their services shall apply to the annual salary received by the

regional superintendents of schools during their elected terms

of office that commence after August 4, 1995 and end on August

1, 1999.

The changes made by this amendatory Act of the 91st General

Assembly in the annual salary that the regional superintendents

of schools shall receive for their services shall apply to the

annual salary received by the regional superintendents of

schools during each of their elected terms of office that

commence on or after August 2, 1999.

Beginning July 1, 2000, the salary that the regional

superintendent of schools receives for his or her services

shall be adjusted annually to reflect the percentage increase,

if any, in the most recent Consumer Price Index, as defined and

officially reported by the United States Department of Labor,

Bureau of Labor Statistics, except that no annual increment may

exceed 2.9%. If the percentage of change in the Consumer Price

Index is a percentage decrease, the salary that the regional

superintendent of schools receives shall not be adjusted for

that year.

When regional superintendents are authorized by the School

Code to appoint assistant regional superintendents, the

assistant regional superintendent shall receive an annual

salary based on his or her qualifications and computed as a

percentage of the salary of the regional superintendent to whom

he or she is assistant, as set out in the following schedule:

SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS QUALIFICATIONS OF PERCENTAGE OF SALARY ASSISTANT REGIONAL OF REGIONAL SUPERINTENDENT SUPERINTENDENT No Bachelor's degree, but State certificate valid for teaching and supervising. 70% Bachelor's degree plus State license certificate valid for supervising. 75% Master's degree plus State license certificate valid for supervising. 90%

However, in any region in which the appointment of more

than one assistant regional superintendent is authorized,

whether by Section 3-15.10 of this Code or otherwise, not more

than one assistant may be compensated at the 90% rate and any

other assistant shall be paid at not exceeding the 75% rate, in

each case depending on the qualifications of the assistant.

The salaries provided in this Section plus an amount for

other employment-related compensation or benefits for regional

superintendents and assistant regional superintendents are

payable monthly by the State Board of Education out of the

Personal Property Tax Replacement Fund through a specific

appropriation to that effect in the State Board of Education

budget. The State Comptroller in making his or her warrant to

any county for the amount due it from the Personal Property Tax

Replacement Fund shall deduct from it the several amounts for

which warrants have been issued to the regional superintendent,

and any assistant regional superintendent, of the educational

service region encompassing the county since the preceding

apportionment from the Personal Property Tax Replacement Fund.

County boards may provide for additional compensation for

the regional superintendent or the assistant regional

superintendents, or for each of them, to be paid quarterly from

the county treasury.

(b) Upon abolition of the office of regional superintendent

of schools in educational service regions containing 2,000,000

or more inhabitants as provided in Section 3-0.01 of this Code,

the funds provided under subsection (a) of this Section shall

continue to be appropriated and reallocated, as provided for

pursuant to subsection (b) of Section 3-0.01 of this Code, to

the educational service centers established pursuant to

Section 2-3.62 of this Code for an educational service region

containing 2,000,000 or more inhabitants.

(c) If the State pays all or any portion of the employee

contributions required under Section 16-152 of the Illinois

Pension Code for employees of the State Board of Education, it

shall also, subject to appropriation in the State Board of

Education budget for such payments to Regional Superintendents

and Assistant Regional Superintendents, pay the employee

contributions required of regional superintendents of schools

and assistant regional superintendents of schools on the same

basis, but excluding any contributions based on compensation

that is paid by the county rather than the State.

This subsection (c) applies to contributions based on

payments of salary earned after the effective date of this

amendatory Act of the 91st General Assembly, except that in the

case of an elected regional superintendent of schools, this

subsection does not apply to contributions based on payments of

salary earned during a term of office that commenced before the

effective date of this amendatory Act.

(Source: P.A. 97-333, eff. 8-12-11; 97-619, eff. 11-14-11;

97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)

(105 ILCS 5/3-11) (from Ch. 122, par. 3-11)

Sec. 3-11. Institutes or inservice training workshops. In

counties of less than 2,000,000 inhabitants, the regional

superintendent may arrange for or conduct district, regional,

or county institutes, or equivalent professional educational

experiences, not more than 4 days annually. Of those 4 days, 2

days may be used as a teacher's and educational support

personnel workshop, when approved by the regional

superintendent, up to 2 days may be used for conducting

parent-teacher conferences, or up to 2 days may be utilized as

parental institute days as provided in Section 10-22.18d.

Educational support personnel may be exempt from a workshop if

the workshop is not relevant to the work they do. A school

district may use one of its 4 institute days on the last day of

the school term. "Institute" or "Professional educational

experiences" means any educational gathering, demonstration of

methods of instruction, visitation of schools or other

institutions or facilities, sexual abuse and sexual assault

awareness seminar, or training in First Aid (which may include

cardiopulmonary resuscitation or defibrillator training) held

or approved by the regional superintendent and declared by him

to be an institute day, or parent-teacher conferences. With the

concurrence of the State Superintendent of Education, he or she

may employ such assistance as is necessary to conduct the

institute. Two or more adjoining counties may jointly hold an

institute. Institute instruction shall be free to holders of

licenses certificates good in the county or counties holding

the institute, and to those who have paid an examination fee

and failed to receive a license certificate.

In counties of 2,000,000 or more inhabitants, the regional

superintendent may arrange for or conduct district, regional,

or county inservice training workshops, or equivalent

professional educational experiences, not more than 4 days

annually. Of those 4 days, 2 days may be used as a teacher's

and educational support personnel workshop, when approved by

the regional superintendent, up to 2 days may be used for

conducting parent-teacher conferences, or up to 2 days may be

utilized as parental institute days as provided in Section

10-22.18d. Educational support personnel may be exempt from a

workshop if the workshop is not relevant to the work they do. A

school district may use one of those 4 days on the last day of

the school term. "Inservice Training Workshops" or

"Professional educational experiences" means any educational

gathering, demonstration of methods of instruction, visitation

of schools or other institutions or facilities, sexual abuse

and sexual assault awareness seminar, or training in First Aid

(which may include cardiopulmonary resuscitation or

defibrillator training) held or approved by the regional

superintendent and declared by him to be an inservice training

workshop, or parent-teacher conferences. With the concurrence

of the State Superintendent of Education, he may employ such

assistance as is necessary to conduct the inservice training

workshop. With the approval of the regional superintendent, 2

or more adjoining districts may jointly hold an inservice

training workshop. In addition, with the approval of the

regional superintendent, one district may conduct its own

inservice training workshop with subject matter consultants

requested from the county, State or any State institution of

higher learning.

Such teachers institutes as referred to in this Section may

be held on consecutive or separate days at the option of the

regional superintendent having jurisdiction thereof.

Whenever reference is made in this Act to "teachers

institute", it shall be construed to include the inservice

training workshops or equivalent professional educational

experiences provided for in this Section.

Any institute advisory committee existing on April 1, 1995,

is dissolved and the duties and responsibilities of the

institute advisory committee are assumed by the regional office

of education advisory board.

Districts providing inservice training programs shall

constitute inservice committees, 1/2 of which shall be

teachers, 1/4 school service personnel and 1/4 administrators

to establish program content and schedules.

The teachers institutes shall include teacher training

committed to (i) peer counseling programs and other

anti-violence and conflict resolution programs, including

without limitation programs for preventing at risk students

from committing violent acts, and (ii) educator ethics and

teacher-student conduct. Beginning with the 2009-2010 school

year, the teachers institutes shall include instruction on

prevalent student chronic health conditions.

(Source: P.A. 96-431, eff. 8-13-09; 97-525, eff. 1-1-12.)

(105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6)

Sec. 3-15.6. Additional employees. To employ, with the

approval of the county board, such additional employees as are

needed for the discharge of the duties of the office. The

non-clerical employees shall be persons versed in the

principles and methods of education, familiar with public

school work, competent to visit schools, and licensed

certificated pursuant to this Code if their duties are

comparable to those for which licensure certification is

required by this Code.

On and after July 1, 1994, the provisions of this Section

shall have no application in any educational service region

having a population of 2,000,000 or more inhabitants.

(Source: P.A. 86-361; 87-654; 87-1251.)

(105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)

Sec. 3-15.10. Assistant Regional Superintendent. To

employ, in counties or regions of 2,000,000 inhabitants or

less, in addition to any assistants authorized to be employed

with the approval of the county board, an assistant regional

superintendent of schools, who shall be a person of good

attainment, versed in the principles and methods of education,

and qualified to teach and supervise schools under Article 21B

of this Code 21 of this Act; to fix the term of such assistant;

and to direct his work and define his duties. On the effective

date of this amendatory Act of the 96th General Assembly, in

regions established within that portion of a Class II county

school unit outside of a city of 500,000 or more inhabitants,

the employment of all persons serving as assistant county or

regional superintendents of schools is terminated, the

position of assistant regional superintendent of schools in

each such region is abolished, and this Section shall,

beginning on the effective date of this amendatory Act of the

96th General Assembly, have no further application in the

educational service region. Assistant regional superintendents

shall each be a person of good attainment, versed in the

principles and methods of education, and qualified to teach and

supervise schools under Article 21B of this Code 21 of this

Act. The work of such assistant regional superintendent shall

be so arranged and directed that the county or regional

superintendent and assistant superintendent, together, shall

devote an amount of time during the school year, equal to at

least the full time of one individual, to the supervision of

schools and of teaching in the schools of the county.

A regional superintendent of schools shall not employ his

or her spouse, child, stepchild, or relative as an assistant

regional superintendent of schools. By September 1 each year, a

regional superintendent shall certify to the State Board of

Education that he or she has complied with this paragraph. If

the State Board of Education becomes aware of the fact that a

regional superintendent is employing his or her spouse, child,

stepchild, or relative as an assistant regional

superintendent, the State Board of Education shall report this

information to the Governor and the Comptroller, and the State

Board of Education shall not request for payment from the State

Comptroller any warrants for the payment of the assistant

regional superintendent's salary or other employment-related

compensation or benefits. In this paragraph, "relative" means a

grandparent, parent, aunt, uncle, sibling, first cousin,

nephew, niece, grandchild, or spouse of one of these persons.

This paragraph applies only to contracts for employment entered

into on or after the effective date of this amendatory Act of

the 91st General Assembly.

(Source: P.A. 96-893, eff. 7-1-10; 97-619, eff. 11-14-11.)

(105 ILCS 5/3-15.17)

Sec. 3-15.17. Civic education advancement.

(a) The General Assembly finds that civic education and

participation are fundamental elements of a healthy democracy,

and schools are in need of support to identify civic learning

opportunities and to implement new strategies to prepare and

sustain high quality citizenship among their student body.

(b) Subject to appropriation, funding for civic education

professional development for high school teachers must be

provided by line item appropriation made to the State Board of

Education for that purpose. When appropriated, the State Board

of Education must provide this funding to each regional

superintendent of schools based on high school enrollment as

reported on the State Board of Education's most recent fall

enrollment and housing report, except that 20% of each annual

appropriation must be reserved for a school district organized

under Article 34 of this Code.

(c) In order to establish eligibility for one or more of

its schools to receive funding under this Section, a school

district shall submit to its regional superintendent of schools

an application, accompanied by a completed civic audit, for

each school. A regional superintendent shall award funds to a

district based on the number of teachers identified by the

district to receive professional development multiplied by

$250. A district must not be awarded more than $3,000 in any

year, unless additional funds remain available after all

eligible applicants have received funding. A district may not

use funds authorized under this Section in any school more than

once every 2 years. Funds provided under this Section must be

used exclusively for professional development provided by

entities that are approved providers for purposes of license

certificate renewal under Section 21B-45 21-14 of this Code.

(d) The civic audit form and its content must be designed

and updated as deemed necessary by the Illinois Civic Mission

Coalition. Data from completed civic audits must be processed

by the Illinois Civic Mission Coalition. The civic audit must

be made available by the Illinois Civic Mission Coalition and

must be designed to provide teachers and principals with a

blueprint to better understand how current curriculum, service

learning, and extracurricular activities are providing civic

learning experiences for their students.

(Source: P.A. 95-225, eff. 8-16-07.)

(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.

(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 possessed 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 limited English learners

proficiency; the percentage of students who have

individualized education plans or 504 plans that provide

for special education services; the percentage of students

who annually transferred in or out of the school district;

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 meeting as well as exceeding State

standards on assessments, the percentage of students in the

eighth grade who pass Algebra, 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 ready, the percentage of

students graduating from high school who are 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 remedial 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; and

(E) the school environment, including, where

applicable, 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, 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.

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 limited English learners proficiency students.

(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) of subsection (2) of this Section.

(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 this amendatory Act of the 98th

General Assembly repeals, supersedes, invalidates, or

nullifies final decisions in lawsuits pending on the effective

date of this amendatory Act of the 98th General Assembly in

Illinois courts involving the interpretation of Public Act

97-8.

(Source: P.A. 97-671, eff. 1-24-12; 98-463, eff. 8-16-13;

98-648, eff. 7-1-14.)

(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)

Sec. 14-8.02. Identification, Evaluation and Placement of

Children.

(a) The State Board of Education shall make rules under

which local school boards shall determine the eligibility of

children to receive special education. Such rules shall ensure

that a free appropriate public education be available to all

children with disabilities as defined in Section 14-1.02. The

State Board of Education shall require local school districts

to administer non-discriminatory procedures or tests to

limited English learners proficiency students coming from

homes in which a language other than English is used to

determine their eligibility to receive special education. The

placement of low English proficiency students in special

education programs and facilities shall be made in accordance

with the test results reflecting the student's linguistic,

cultural and special education needs. For purposes of

determining the eligibility of children the State Board of

Education shall include in the rules definitions of "case

study", "staff conference", "individualized educational

program", and "qualified specialist" appropriate to each

category of children with disabilities as defined in this

Article. For purposes of determining the eligibility of

children from homes in which a language other than English is

used, the State Board of Education shall include in the rules

definitions for "qualified bilingual specialists" and

"linguistically and culturally appropriate individualized

educational programs". For purposes of this Section, as well as

Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,

"parent" means a parent as defined in the federal Individuals

with Disabilities Education Act (20 U.S.C. 1401(23)).

(b) No child shall be eligible for special education

facilities except with a carefully completed case study fully

reviewed by professional personnel in a multidisciplinary

staff conference and only upon the recommendation of qualified

specialists or a qualified bilingual specialist, if available.

At the conclusion of the multidisciplinary staff conference,

the parent of the child shall be given a copy of the

multidisciplinary conference summary report and

recommendations, which includes options considered, and be

informed of their right to obtain an independent educational

evaluation if they disagree with the evaluation findings

conducted or obtained by the school district. If the school

district's evaluation is shown to be inappropriate, the school

district shall reimburse the parent for the cost of the

independent evaluation. The State Board of Education shall,

with advice from the State Advisory Council on Education of

Children with Disabilities on the inclusion of specific

independent educational evaluators, prepare a list of

suggested independent educational evaluators. The State Board

of Education shall include on the list clinical psychologists

licensed pursuant to the Clinical Psychologist Licensing Act.

Such psychologists shall not be paid fees in excess of the

amount that would be received by a school psychologist for

performing the same services. The State Board of Education

shall supply school districts with such list and make the list

available to parents at their request. School districts shall

make the list available to parents at the time they are

informed of their right to obtain an independent educational

evaluation. However, the school district may initiate an

impartial due process hearing under this Section within 5 days

of any written parent request for an independent educational

evaluation to show that its evaluation is appropriate. If the

final decision is that the evaluation is appropriate, the

parent still has a right to an independent educational

evaluation, but not at public expense. An independent

educational evaluation at public expense must be completed

within 30 days of a parent written request unless the school

district initiates an impartial due process hearing or the

parent or school district offers reasonable grounds to show

that such 30 day time period should be extended. If the due

process hearing decision indicates that the parent is entitled

to an independent educational evaluation, it must be completed

within 30 days of the decision unless the parent or the school

district offers reasonable grounds to show that such 30 day

period should be extended. If a parent disagrees with the

summary report or recommendations of the multidisciplinary

conference or the findings of any educational evaluation which

results therefrom, the school district shall not proceed with a

placement based upon such evaluation and the child shall remain

in his or her regular classroom setting. No child shall be

eligible for admission to a special class for the educable

mentally disabled or for the trainable mentally disabled except

with a psychological evaluation and recommendation by a school

psychologist. Consent shall be obtained from the parent of a

child before any evaluation is conducted. If consent is not

given by the parent or if the parent disagrees with the

findings of the evaluation, then the school district may

initiate an impartial due process hearing under this Section.

The school district may evaluate the child if that is the

decision resulting from the impartial due process hearing and

the decision is not appealed or if the decision is affirmed on

appeal. The determination of eligibility shall be made and the

IEP meeting shall be completed within 60 school days from the

date of written parental consent. In those instances when

written parental consent is obtained with fewer than 60 pupil

attendance days left in the school year, the eligibility

determination shall be made and the IEP meeting shall be

completed prior to the first day of the following school year.

Special education and related services must be provided in

accordance with the student's IEP no later than 10 school

attendance days after notice is provided to the parents

pursuant to Section 300.503 of Title 34 of the Code of Federal

Regulations and implementing rules adopted by the State Board

of Education. The appropriate program pursuant to the

individualized educational program of students whose native

tongue is a language other than English shall reflect the

special education, cultural and linguistic needs. No later than

September 1, 1993, the State Board of Education shall establish

standards for the development, implementation and monitoring

of appropriate bilingual special individualized educational

programs. The State Board of Education shall further

incorporate appropriate monitoring procedures to verify

implementation of these standards. The district shall indicate

to the parent and the State Board of Education the nature of

the services the child will receive for the regular school term

while waiting placement in the appropriate special education

class.

If the child is deaf, hard of hearing, blind, or visually

impaired and he or she might be eligible to receive services

from the Illinois School for the Deaf or the Illinois School

for the Visually Impaired, the school district shall notify the

parents, in writing, of the existence of these schools and the

services they provide and shall make a reasonable effort to

inform the parents of the existence of other, local schools

that provide similar services and the services that these other

schools provide. This notification shall include without

limitation information on school services, school admissions

criteria, and school contact information.

In the development of the individualized education program

for a student who has a disability on the autism spectrum

(which includes autistic disorder, Asperger's disorder,

pervasive developmental disorder not otherwise specified,

childhood disintegrative disorder, and Rett Syndrome, as

defined in the Diagnostic and Statistical Manual of Mental

Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall

consider all of the following factors:

(1) The verbal and nonverbal communication needs of the

child.

(2) The need to develop social interaction skills and

proficiencies.

(3) The needs resulting from the child's unusual

responses to sensory experiences.

(4) The needs resulting from resistance to

environmental change or change in daily routines.

(5) The needs resulting from engagement in repetitive

activities and stereotyped movements.

(6) The need for any positive behavioral

interventions, strategies, and supports to address any

behavioral difficulties resulting from autism spectrum

disorder.

(7) Other needs resulting from the child's disability

that impact progress in the general curriculum, including

social and emotional development.

Public Act 95-257 does not create any new entitlement to a

service, program, or benefit, but must not affect any

entitlement to a service, program, or benefit created by any

other law.

If the student may be eligible to participate in the

Home-Based Support Services Program for Mentally Disabled

Adults authorized under the Developmental Disability and

Mental Disability Services Act upon becoming an adult, the

student's individualized education program shall include plans

for (i) determining the student's eligibility for those

home-based services, (ii) enrolling the student in the program

of home-based services, and (iii) developing a plan for the

student's most effective use of the home-based services after

the student becomes an adult and no longer receives special

educational services under this Article. The plans developed

under this paragraph shall include specific actions to be taken

by specified individuals, agencies, or officials.

(c) In the development of the individualized education

program for a student who is functionally blind, it shall be

presumed that proficiency in Braille reading and writing is

essential for the student's satisfactory educational progress.

For purposes of this subsection, the State Board of Education

shall determine the criteria for a student to be classified as

functionally blind. Students who are not currently identified

as functionally blind who are also entitled to Braille

instruction include: (i) those whose vision loss is so severe

that they are unable to read and write at a level comparable to

their peers solely through the use of vision, and (ii) those

who show evidence of progressive vision loss that may result in

functional blindness. Each student who is functionally blind

shall be entitled to Braille reading and writing instruction

that is sufficient to enable the student to communicate with

the same level of proficiency as other students of comparable

ability. Instruction should be provided to the extent that the

student is physically and cognitively able to use Braille.

Braille instruction may be used in combination with other

special education services appropriate to the student's

educational needs. The assessment of each student who is

functionally blind for the purpose of developing the student's

individualized education program shall include documentation

of the student's strengths and weaknesses in Braille skills.

Each person assisting in the development of the individualized

education program for a student who is functionally blind shall

receive information describing the benefits of Braille

instruction. The individualized education program for each

student who is functionally blind shall specify the appropriate

learning medium or media based on the assessment report.

(d) To the maximum extent appropriate, the placement shall

provide the child with the opportunity to be educated with

children who are not disabled; provided that children with

disabilities who are recommended to be placed into regular

education classrooms are provided with supplementary services

to assist the children with disabilities to benefit from the

regular classroom instruction and are included on the teacher's

regular education class register. Subject to the limitation of

the preceding sentence, placement in special classes, separate

schools or other removal of the disabled child from the regular

educational environment shall occur only when the nature of the

severity of the disability is such that education in the

regular classes with the use of supplementary aids and services

cannot be achieved satisfactorily. The placement of limited

English learners proficiency students with disabilities shall

be in non-restrictive environments which provide for

integration with non-disabled peers in bilingual classrooms.

Annually, each January, school districts shall report data on

students from non-English speaking backgrounds receiving

special education and related services in public and private

facilities as prescribed in Section 2-3.30. If there is a

disagreement between parties involved regarding the special

education placement of any child, either in-state or

out-of-state, the placement is subject to impartial due process

procedures described in Article 10 of the Rules and Regulations

to Govern the Administration and Operation of Special

Education.

(e) No child who comes from a home in which a language

other than English is the principal language used may be

assigned to any class or program under this Article until he

has been given, in the principal language used by the child and

used in his home, tests reasonably related to his cultural

environment. All testing and evaluation materials and

procedures utilized for evaluation and placement shall not be

linguistically, racially or culturally discriminatory.

(f) Nothing in this Article shall be construed to require

any child to undergo any physical examination or medical

treatment whose parents object thereto on the grounds that such

examination or treatment conflicts with his religious beliefs.

(g) School boards or their designee shall provide to the

parents of a child prior written notice of any decision (a)

proposing to initiate or change, or (b) refusing to initiate or

change, the identification, evaluation, or educational

placement of the child or the provision of a free appropriate

public education to their child, and the reasons therefor. Such

written notification shall also inform the parent of the

opportunity to present complaints with respect to any matter

relating to the educational placement of the student, or the

provision of a free appropriate public education and to have an

impartial due process hearing on the complaint. The notice

shall inform the parents in the parents' native language,

unless it is clearly not feasible to do so, of their rights and

all procedures available pursuant to this Act and the federal

Individuals with Disabilities Education Improvement Act of

2004 (Public Law 108-446); it shall be the responsibility of

the State Superintendent to develop uniform notices setting

forth the procedures available under this Act and the federal

Individuals with Disabilities Education Improvement Act of

2004 (Public Law 108-446) to be used by all school boards. The

notice shall also inform the parents of the availability upon

request of a list of free or low-cost legal and other relevant

services available locally to assist parents in initiating an

impartial due process hearing. Any parent who is deaf, or does

not normally communicate using spoken English, who

participates in a meeting with a representative of a local

educational agency for the purposes of developing an

individualized educational program shall be entitled to the

services of an interpreter.

(g-5) For purposes of this subsection (g-5), "qualified

professional" means an individual who holds credentials to

evaluate the child in the domain or domains for which an

evaluation is sought or an intern working under the direct

supervision of a qualified professional, including a master's

or doctoral degree candidate.

To ensure that a parent can participate fully and

effectively with school personnel in the development of

appropriate educational and related services for his or her

child, the parent, an independent educational evaluator, or a

qualified professional retained by or on behalf of a parent or

child must be afforded reasonable access to educational

facilities, personnel, classrooms, and buildings and to the

child as provided in this subsection (g-5). The requirements of

this subsection (g-5) apply to any public school facility,

building, or program and to any facility, building, or program

supported in whole or in part by public funds. Prior to

visiting a school, school building, or school facility, the

parent, independent educational evaluator, or qualified

professional may be required by the school district to inform

the building principal or supervisor in writing of the proposed

visit, the purpose of the visit, and the approximate duration

of the visit. The visitor and the school district shall arrange

the visit or visits at times that are mutually agreeable.

Visitors shall comply with school safety, security, and

visitation policies at all times. School district visitation

policies must not conflict with this subsection (g-5). Visitors

shall be required to comply with the requirements of applicable

privacy laws, including those laws protecting the

confidentiality of education records such as the federal Family

Educational Rights and Privacy Act and the Illinois School

Student Records Act. The visitor shall not disrupt the

educational process.

(1) A parent must be afforded reasonable access of

sufficient duration and scope for the purpose of observing

his or her child in the child's current educational

placement, services, or program or for the purpose of

visiting an educational placement or program proposed for

the child.

(2) An independent educational evaluator or a

qualified professional retained by or on behalf of a parent

or child must be afforded reasonable access of sufficient

duration and scope for the purpose of conducting an

evaluation of the child, the child's performance, the

child's current educational program, placement, services,

or environment, or any educational program, placement,

services, or environment proposed for the child, including

interviews of educational personnel, child observations,

assessments, tests or assessments of the child's

educational program, services, or placement or of any

proposed educational program, services, or placement. If

one or more interviews of school personnel are part of the

evaluation, the interviews must be conducted at a mutually

agreed upon time, date, and place that do not interfere

with the school employee's school duties. The school

district may limit interviews to personnel having

information relevant to the child's current educational

services, program, or placement or to a proposed

educational service, program, or placement.

(h) (Blank).

(i) (Blank).

(j) (Blank).

(k) (Blank).

(l) (Blank).

(m) (Blank).

(n) (Blank).

(o) (Blank).

(Source: P.A. 98-219, eff. 8-9-13.)

(105 ILCS 5/14-9.01) (from Ch. 122, par. 14-9.01)

Sec. 14-9.01. Qualifications of teachers, other

professional personnel and necessary workers. No person shall

be employed to teach any class or program authorized by this

Article who does not hold a valid teacher's license certificate

as provided by law and unless he has had such special training

as the State Board of Education may require. No special license

certificate or endorsement to a special license certificate

issued under Section 21B-30 of this Code Section 21-4 on or

after July 1, 1994, shall be valid for teaching students with

visual disabilities unless the person to whom the license

certificate or endorsement is issued has attained satisfactory

performance on an examination that is designed to assess

competency in Braille reading and writing skills according to

standards that the State Board of Education may adopt. Evidence

of successfully completing the examination of Braille reading

and writing skills must be submitted to the State Board of

Education prior to an applicant's taking examination of the

content area subject matter knowledge test required under

Section 21B-30 of this Code Section 21-1a. In Beginning July 1,

1995, in addition to other requirements, a candidate for a

teaching license certification in the area of the deaf and hard

of hearing granted by the Illinois State Board of Education for

teaching deaf and hard of hearing students in grades pre-school

through grade 12 must demonstrate a minimum proficiency in sign

language as determined by the Illinois State Board of

Education. All other professional personnel employed in any

class, service, or program authorized by this Article shall

hold such licenses certificates and shall have had such special

training as the State Board of Education may require; provided

that in a school district organized under Article 34, the

school district may employ speech and language pathologists who

are licensed under the Illinois Speech-Language Pathology and

Audiology Practice Act but who do not hold a license

certificate issued under this the School Code if the district

certifies that a chronic shortage of certified personnel

exists. Nothing contained in this Act prohibits the school

board from employing necessary workers to assist the teacher

with the special educational facilities, except that all such

necessary workers must have had such training as the State

Board of Education may require.

No later than January 1, 1993, the State Board of Education

shall develop, in consultation with the Advisory Council on the

Education of Children with Disabilities and the Advisory

Council on Bilingual Education, rules governing the

qualifications for certification of teachers and school

service personnel providing services to limited English

learners proficient students receiving special education and

related services.

The employment of any teacher in a special education

program provided for in Sections 14-1.01 to 14-14.01,

inclusive, shall be subject to the provisions of Sections 24-11

to 24-16, inclusive. Any teacher employed in a special

education program, prior to the effective date of this

amendatory Act of 1987, in which 2 or more districts

participate shall enter upon contractual continued service in

each of the participating districts subject to the provisions

of Sections 24-11 to 24-16, inclusive.

(Source: P.A. 92-651, eff. 7-11-02.)

(105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1)

Sec. 14C-1. The General Assembly finds that there are large

numbers of children in this State who come from environments

where the primary language is other than English. Experience

has shown that public school classes in which instruction is

given only in English are often inadequate for the education of

children whose native tongue is another language. The General

Assembly believes that a program of transitional bilingual

education can meet the needs of these children and facilitate

their integration into the regular public school curriculum.

Therefore, pursuant to the policy of this State to ensure

insure equal educational opportunity to every child, and in

recognition of the educational needs of English learners

children of limited English-speaking ability, it is the purpose

of this Act to provide for the establishment of transitional

bilingual education programs in the public schools, to provide

supplemental financial assistance to help local school

districts meet the extra costs of such programs, and to allow

this State to directly or indirectly provide technical

assistance and professional development to support

transitional bilingual education programs statewide.

(Source: P.A. 96-1423, eff. 8-3-10.)

(105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2)

Sec. 14C-2. Definitions. Unless the context indicates

otherwise, the terms used in this Article have the following

meanings:

(a) "State Board" means the State Board of Education.

(b) "Certification Board" means the State Teacher

Certification Board.

(c) "School District" means any school district

established under this Code.

(d) "English learners" "Children of limited

English-speaking ability" means (1) all children in grades

pre-K through 12 who were not born in the United States, whose

native tongue is a language other than English, and who are

incapable of performing ordinary classwork in English; and (2)

all children in grades pre-K through 12 who were born in the

United States of parents possessing no or limited

English-speaking ability and who are incapable of performing

ordinary classwork in English.

(e) "Teacher of transitional bilingual education" means a

teacher with a speaking and reading ability in a language other

than English in which transitional bilingual education is

offered and with communicative skills in English.

(f) "Program in transitional bilingual education" means a

full-time program of instruction (1) in all those courses or

subjects which a child is required by law to receive and which

are required by the child's school district, which shall be

given in the native language of English learners the children

of limited English-speaking ability who are enrolled in the

program and also in English, (2) in the reading and writing of

the native language of English learners the children of limited

English-speaking ability who are enrolled in the program and in

the oral language (listening and speaking), reading, and

writing of English, and (3) in the history and culture of the

country, territory, or geographic area which is the native land

of the parents of English learners children of limited

English-speaking ability who are enrolled in the program and in

the history and culture of the United States; or a part-time

program of instruction based on the educational needs of those

English learners children of limited English-speaking ability

who do not need a full-time program of instruction.

(Source: P.A. 98-972, eff. 8-15-14.)

(105 ILCS 5/14C-3) (from Ch. 122, par. 14C-3)

Sec. 14C-3. Language classification of children;

establishment of program; period of participation;

examination. Each school district shall ascertain, not later

than the first day of March, under regulations prescribed by

the State Board, the number of English learners children of

limited English-speaking ability within the school district,

and shall classify them according to the language of which they

possess a primary speaking ability, and their grade level, age

or achievement level.

When, at the beginning of any school year, there is within

an attendance center of a school district, not including

children who are enrolled in existing private school systems,

20 or more English learners children of limited

English-speaking ability in any such language classification,

the school district shall establish, for each classification, a

program in transitional bilingual education for the children

therein. A school district may establish a program in

transitional bilingual education with respect to any

classification with less than 20 children therein, but should a

school district decide not to establish such a program, the

school district shall provide a locally determined

transitional program of instruction which, based upon an

individual student language assessment, provides content area

instruction in a language other than English to the extent

necessary to ensure that each student can benefit from

educational instruction and achieve an early and effective

transition into the regular school curriculum.

Every school-age English learner child of limited

English-speaking ability not enrolled in existing private

school systems shall be enrolled and participate in the program

in transitional bilingual education established for the

classification to which he belongs by the school district in

which he resides for a period of 3 years or until such time as

he achieves a level of English language skills which will

enable him to perform successfully in classes in which

instruction is given only in English, whichever shall first

occur.

An English learner A child of limited English-speaking

ability enrolled in a program in transitional bilingual

education may, in the discretion of the school district and

subject to the approval of the child's parent or legal

guardian, continue in that program for a period longer than 3

years.

An examination in the oral language (listening and

speaking), reading, and writing of English, as prescribed by

the State Board, shall be administered annually to all English

learners children of limited English-speaking ability enrolled

and participating in a program in transitional bilingual

education. No school district shall transfer an English learner

a child of limited English-speaking ability out of a program in

transitional bilingual education prior to his third year of

enrollment therein unless the parents of the child approve the

transfer in writing, and unless the child has received a score

on said examination which, in the determination of the State

Board, reflects a level of English language skills appropriate

to his or her grade level.

If later evidence suggests that a child so transferred is

still disabled by an inadequate command of English, he may be

re-enrolled in the program for a length of time equal to that

which remained at the time he was transferred.

(Source: P.A. 98-972, eff. 8-15-14.)

(105 ILCS 5/14C-5) (from Ch. 122, par. 14C-5)

Sec. 14C-5. Nonresident children; enrollment and tuition;

joint programs. A school district may allow a nonresident

English learner child of limited English-speaking ability to

enroll in or attend its program in transitional bilingual

education, and the tuition for such a child shall be paid by

the district in which he resides.

Any school district may join with any other school district

or districts to provide the programs in transitional bilingual

education required or permitted by this Article.

(Source: P.A. 78-727.)

(105 ILCS 5/14C-7) (from Ch. 122, par. 14C-7)

Sec. 14C-7. Participation in extracurricular activities of

public schools. Instruction in courses of subjects included in

a program of transitional bilingual education which are not

mandatory may be given in a language other than English. In

those courses or subjects in which verbalization is not

essential to an understanding of the subject matter, including

but not necessarily limited to art, music and physical

education, English learners children of limited

English-speaking ability shall participate fully with their

English-speaking contemporaries in the regular public school

classes provided for said subjects. Each school district shall

ensure to children enrolled in a program in transitional

bilingual education practical and meaningful opportunity to

participate fully in the extracurricular activities of the

regular public schools in the district.

(Source: P.A. 78-727.)

(105 ILCS 5/14C-9) (from Ch. 122, par. 14C-9)

Sec. 14C-9. Tenure; minimum salaries. Any person employed

as a teacher of transitional bilingual education whose teaching

certificate was issued pursuant to Section 14C-8 (now repealed)

of this Code Article shall have such employment credited to him

or her for the purposes of determining under the provisions of

this Code eligibility to enter upon contractual continued

service; provided that such employment immediately precedes

and is consecutive with the year in which such person becomes

certified under Article 21 of this Code or licensed under

Article 21B of this Code.

For the purposes of determining the minimum salaries

payable to persons certified under Section 14C-8 (now repealed)

of this Code Article, such persons shall be deemed to have been

trained at a recognized institution of higher learning.

(Source: P.A. 82-597.)

(105 ILCS 5/14C-11) (from Ch. 122, par. 14C-11)

Sec. 14C-11. Preschool or summer school programs. A school

district may establish, on a full or part-time basis, preschool

or summer school programs in transitional bilingual education

for English learners children of limited English-speaking

ability or join with the other school districts in establishing

such preschool or summer programs. Preschool or summer programs

in transitional bilingual education shall not substitute for

programs in transitional bilingual education required to be

provided during the regular school year.

(Source: P.A. 78-727.)

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian,

nonreligious, non-home based, and non-profit school. A charter

school shall be organized and operated as a nonprofit

corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article

by creating a new school or by converting an existing public

school or attendance center to charter school status. Beginning

on the effective date of this amendatory Act of the 93rd

General Assembly, in all new applications to establish a

charter school in a city having a population exceeding 500,000,

operation of the charter school shall be limited to one campus.

The changes made to this Section by this amendatory Act of the

93rd General Assembly do not apply to charter schools existing

or approved on or before the effective date of this amendatory

Act.

(b-5) In this subsection (b-5), "virtual-schooling" means

a cyber school where students engage in online curriculum and

instruction via the Internet and electronic communication with

their teachers at remote locations and with students

participating at different times.

From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a

school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with

virtual-schooling components existing or approved prior to

April 1, 2013 or to the renewal of the charter of a charter

school with virtual-schooling components already approved

prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to

the General Assembly a report on the effect of

virtual-schooling, including without limitation the effect on

student performance, the costs associated with

virtual-schooling, and issues with oversight. The report shall

include policy recommendations for virtual-schooling.

(c) A charter school shall be administered and governed by

its board of directors or other governing body in the manner

provided in its charter. The governing body of a charter school

shall be subject to the Freedom of Information Act and the Open

Meetings Act.

(d) A charter school shall comply with all applicable

health and safety requirements applicable to public schools

under the laws of the State of Illinois.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. To ensure financial accountability for the use of

public funds, on or before December 1 of every year of

operation, each charter school shall submit to its authorizer

and the State Board a copy of its audit and a copy of the Form

990 the charter school filed that year with the federal

Internal Revenue Service. In addition, if deemed necessary for

proper financial oversight of the charter school, an authorizer

may require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, ; the Illinois Educational Labor Relations Act, ;

all federal and State laws and rules applicable to public

schools that pertain to special education and the instruction

of English language learners, referred to in this Code as

"children of limited English-speaking ability"; and its

charter. A charter school is exempt from all other State laws

and regulations in this Code governing public schools and local

school board policies, except the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding

criminal history records checks and checks of the Statewide

Sex Offender Database and Statewide Murderer and Violent

Offender Against Youth Database of applicants for

employment;

(2) Sections 24-24 and 34-84A of this Code regarding

discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report

cards;

(8) the P-20 Longitudinal Education Data System Act;

and

(9) Section 27-23.7 of this Code regarding bullying

prevention; and .

(10) (9) Section 2-3.162 2-3.160 of this the School

Code regarding student discipline reporting.

The change made by Public Act 96-104 to this subsection (g)

is declaratory of existing law.

(h) A charter school may negotiate and contract with a

school district, the governing body of a State college or

university or public community college, or any other public or

for-profit or nonprofit private entity for: (i) the use of a

school building and grounds or any other real property or

facilities that the charter school desires to use or convert

for use as a charter school site, (ii) the operation and

maintenance thereof, and (iii) the provision of any service,

activity, or undertaking that the charter school is required to

perform in order to carry out the terms of its charter.

However, a charter school that is established on or after the

effective date of this amendatory Act of the 93rd General

Assembly and that operates in a city having a population

exceeding 500,000 may not contract with a for-profit entity to

manage or operate the school during the period that commences

on the effective date of this amendatory Act of the 93rd

General Assembly and concludes at the end of the 2004-2005

school year. Except as provided in subsection (i) of this

Section, a school district may charge a charter school

reasonable rent for the use of the district's buildings,

grounds, and facilities. Any services for which a charter

school contracts with a school district shall be provided by

the district at cost. Any services for which a charter school

contracts with a local school board or with the governing body

of a State college or university or public community college

shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established

by converting an existing school or attendance center to

charter school status be required to pay rent for space that is

deemed available, as negotiated and provided in the charter

agreement, in school district facilities. However, all other

costs for the operation and maintenance of school district

facilities that are used by the charter school shall be subject

to negotiation between the charter school and the local school

board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or

grade level.

(k) If the charter school is approved by the Commission,

then the Commission charter school is its own local education

agency.

(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;

97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;

98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.

1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised

10-14-14.)

(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)

Sec. 34-2.4. School improvement plan. A 3 year local school

improvement plan shall be developed and implemented at each

attendance center. This plan shall reflect the overriding

purpose of the attendance center to improve educational

quality. The local school principal shall develop a school

improvement plan in consultation with the local school council,

all categories of school staff, parents and community

residents. Once the plan is developed, reviewed by the

professional personnel leadership committee, and approved by

the local school council, the principal shall be responsible

for directing implementation of the plan, and the local school

council shall monitor its implementation. After the

termination of the initial 3 year plan, a new 3 year plan shall

be developed and modified as appropriate on an annual basis.

The school improvement plan shall be designed to achieve

priority goals including but not limited to:

(a) assuring that students show significant progress

toward meeting and exceeding State performance standards

in State mandated learning areas, including the mastery of

higher order thinking skills in these areas;

(b) assuring that students attend school regularly and

graduate from school at such rates that the district

average equals or surpasses national norms;

(c) assuring that students are adequately prepared for

and aided in making a successful transition to further

education and life experience;

(d) assuring that students are adequately prepared for

and aided in making a successful transition to employment;

and

(e) assuring that students are, to the maximum extent

possible, provided with a common learning experience that

is of high academic quality and that reflects high

expectations for all students' capacities to learn.

With respect to these priority goals, the school

improvement plan shall include but not be limited to the

following:

(a) an analysis of data collected in the attendance

center and community indicating the specific strengths and

weaknesses of the attendance center in light of the goals

specified above, including data and analysis specified by

the State Board of Education pertaining to specific

measurable outcomes for student performance, the

attendance centers, and their instructional programs;

(b) a description of specific annual objectives the

attendance center will pursue in achieving the goals

specified above;

(c) a description of the specific activities the

attendance center will undertake to achieve its

objectives;

(d) an analysis of the attendance center's staffing

pattern and material resources, and an explanation of how

the attendance center's planned staffing pattern, the

deployment of staff, and the use of material resources

furthers the objectives of the plan;

(e) a description of the key assumptions and directions

of the school's curriculum and the academic and

non-academic programs of the attendance center, and an

explanation of how this curriculum and these programs

further the goals and objectives of the plan;

(f) a description of the steps that will be taken to

enhance educational opportunities for all students,

regardless of gender, including limited English learners

proficient students, disabled students, low-income

students and minority students;

(g) a description of any steps which may be taken by

the attendance center to educate parents as to how they can

assist children at home in preparing their children to

learn effectively;

(h) a description of the steps the attendance center

will take to coordinate its efforts with, and to gain the

participation and support of, community residents,

business organizations, and other local institutions and

individuals;

(i) a description of any staff development program for

all school staff and volunteers tied to the priority goals,

objectives, and activities specified in the plan;

(j) a description of the steps the local school council

will undertake to monitor implementation of the plan on an

ongoing basis;

(k) a description of the steps the attendance center

will take to ensure that teachers have working conditions

that provide a professional environment conducive to

fulfilling their responsibilities;

(l) a description of the steps the attendance center

will take to ensure teachers the time and opportunity to

incorporate new ideas and techniques, both in subject

matter and teaching skills, into their own work;

(m) a description of the steps the attendance center

will take to encourage pride and positive identification

with the attendance center through various athletic

activities; and

(n) a description of the student need for and provision

of services to special populations, beyond the standard

school programs provided for students in grades K through

12 and those enumerated in the categorical programs cited

in item d of part 4 of Section 34-2.3, including financial

costs of providing same and a timeline for implementing the

necessary services, including but not limited, when

applicable, to ensuring the provisions of educational

services to all eligible children aged 4 years for the

1990-91 school year and thereafter, reducing class size to

State averages in grades K-3 for the 1991-92 school year

and thereafter and in all grades for the 1993-94 school

year and thereafter, and providing sufficient staff and

facility resources for students not served in the regular

classroom setting.

Based on the analysis of data collected indicating specific

strengths and weaknesses of the attendance center, the school

improvement plan may place greater emphasis from year to year

on particular priority goals, objectives, and activities.

(Source: P.A. 93-48, eff. 7-1-03.)

(105 ILCS 5/34-8.17)

Sec. 34-8.17. Lump-sum allocation; key centralized

functions. Final designation as a Learning Zone under this Law

shall entitle the participating attendance centers to receive

funds in lump-sum allocations, to budget and spend those funds,

and to operate in accordance with the designation and this Law.

Lump-sum allocations shall be based on the number of enrolled

regular and special needs students and shall include all

operating funds for compensation, supplies, equipment,

repairs, energy, maintenance, transportation, and professional

services, and all special funds that follow special

populations, including desegregation, special education,

bilingual, federal, and State Chapter 1 funds. A sum equal to

3.2% of operating funds shall be deducted by the board to

provide key centralized functions, unless a designated

Learning Zone obtains one or more of those functions elsewhere,

in which case the sum shall be appropriately adjusted. As used

in this Law, key centralized functions shall mean:

(1) Equity assurance staff to ensure that services are

maintained for students with disabilities, limited English

learners proficient students, low-income students, and any

other special need students as required by federal law;

(2) Payroll services and background and credential

checks;

(3) Budget and treasury services to levy and collect

taxes and distribute lump-sum funding;

(4) Central computer systems providing information

distribution and networking;

(5) On-line data collection and analysis centers for

student and school data;

(6) Emergency pool funding; and

(7) Legal and labor departmental services for

system-wide litigation and collective bargaining

negotiations.

(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)

Section 10. The Critical Health Problems and Comprehensive

Health Education Act is amended by changing Section 5 as

follows:

(105 ILCS 110/5) (from Ch. 122, par. 865)

Sec. 5. Advisory Committee. An advisory committee

consisting of 11 members is hereby established as follows: the

Director of Public Health or his or her designee, the Secretary

of Human Services or his or her designee, and an additional

person representing the Department of Human Services

designated by the Secretary, the Director of Children and

Family Services or his or her designee, the Chairman of the

Illinois Joint Committee on School Health or his or her

designee, and 7 6 members to be appointed by the State Board of

Education to be chosen, insofar as is possible, from the

following groups: colleges and universities, voluntary health

agencies, medicine, dentistry, professional health

associations, teachers, administrators, members of local

boards of education, and lay citizens. The original public

members shall, upon their appointment, serve until July 1,

1973, and, thereafter, new appointments of public members shall

be made in like manner and such members shall serve for 4 year

terms commencing on July 1, 1973, and until their successors

are appointed and qualified. Vacancies in the terms of public

members shall be filled in like manner as original appointments

for the balance of the unexpired terms. The members of the

advisory committee shall receive no compensation but shall be

reimbursed for actual and necessary expenses incurred in the

performance of their duties. Such committee shall select a

chairman and establish rules and procedures for its proceedings

not inconsistent with the provisions of this Act. Such

committee shall advise the State Board of Education on all

matters relating to the implementation of the provisions of

this Act. They shall assist in presenting advice and

interpretation concerning a comprehensive health education

program to the Illinois public, especially as related to

critical health problems. They shall also assist in

establishing a sound understanding and sympathetic

relationship between such comprehensive health education

program and the public health, welfare and educational programs

of other agencies in the community.

(Source: P.A. 90-372, eff. 7-1-98; 91-61, eff. 6-30-99.)

(105 ILCS 5/2-3.60 rep.)

(105 ILCS 5/2-3.64b rep.)

(105 ILCS 5/2-3.120 rep.)

(105 ILCS 5/2-3.137 rep.)

(105 ILCS 5/2-3.147 rep.)

(105 ILCS 5/3-11.5 rep.)

(105 ILCS 5/22-65 rep.)

(105 ILCS 5/22-75 rep.)

Section 15. The School Code is amended by repealing

Sections 2-3.60, 2-3.64b, 2-3.120, 2-3.137, 2-3.147, 3-11.5,

22-65, and 22-75.

Section 99. Effective date. This Act takes effect July 1,

2015.

INDEX Statutes amended in order of appearance