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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1319 Introduced 2/18/2015, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
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Amends the School Code and Critical Health Problems and Comprehensive Health Education Act. Makes changes concerning the divisions of the State Board of Education, a block grant progress report and plan, references to English learners, educational service regions, regional and assistant regional superintendents of schools, references to educator licensure, and the advisory committee relating to the Critical Health Problems and Comprehensive Health Education Act. Repeals Sections concerning requiring certain entities to design continuing education programs, the Innovation, Intervention, and Restructuring Task Force, access to the State Board's educational network, the inspection and review of school facilities and a task force, the Ensuring Success in School Task Force, a regional professional development review committee, the Task Force on the Prevention of Sexual Abuse of Children, and the Eradicate Domestic Violence Task Force. Effective July 1, 2015.
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The School Code is amended by changing Sections |
| 5 | | 1A-10, 1C-4, 2-3.12, 2-3.39, 2-3.62, 2-3.64a-5, 3-1, 3-2.5, |
| 6 | | 3-11, 3-15.6, 3-15.10, 3-15.17, 10-17a, 14-8.02, 14-9.01, |
| 7 | | 14C-1, 14C-2, 14C-3, 14C-5, 14C-7, 14C-9, 14C-11, 27A-5, |
| 8 | | 34-2.4, and 34-8.17 and by renumbering and changing Section |
| 9 | | 2-3.160 as follows:
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| 10 | | (105 ILCS 5/1A-10)
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| 11 | | Sec. 1A-10. Divisions of Board. The State Board of |
| 12 | | Education shall have, without limitation, the following , |
| 13 | | before April 1, 2005, create divisions within the Board, |
| 14 | | including without limitation the following: |
| 15 | | (1) Educator Effectiveness Teaching and Learning |
| 16 | | Services for All Children. |
| 17 | | (2) Improvement and Innovation School Support Services |
| 18 | | for All Schools.
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| 19 | | (3) Fiscal Support Services. |
| 20 | | (4) (Blank). |
| 21 | | (5) Internal Auditor. |
| 22 | | (6) Human Resources.
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| 23 | | (7) Legal. |
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| 1 | | (8) Specialized Instruction, Nutrition, and Wellness. |
| 2 | | (9) Language and Early Childhood Development. |
| 3 | | The State Board of Education may, after consultation with the |
| 4 | | General Assembly, add any divisions or functions to the Board |
| 5 | | that it deems appropriate and consistent with Illinois law.
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| 6 | | (Source: P.A. 95-793, eff. 1-1-09.)
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| 7 | | (105 ILCS 5/1C-4)
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| 8 | | Sec. 1C-4. Reports. The State Superintendent of Education, |
| 9 | | in cooperation
with the school districts participating under |
| 10 | | this Article, shall annually
report to the leadership of the |
| 11 | | General Assembly on the progress made in
implementing this |
| 12 | | Article. By February 1, 1997, the State Board of Education
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| 13 | | shall submit to the Governor and General Assembly a |
| 14 | | comprehensive plan for
Illinois school districts, including |
| 15 | | the school district that has been
organized under Article 34 |
| 16 | | and is under the jurisdiction of the Chicago Board
of |
| 17 | | Education, to establish and implement a block grant funding |
| 18 | | system for
educational programs that are currently funded |
| 19 | | through single-program grants.
Before submitting its plan to |
| 20 | | establish and implement a block grant funding
system to the |
| 21 | | Governor and General Assembly as required by this Section, the
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| 22 | | State Board of Education shall give appropriate notice of and |
| 23 | | hold statewide
public hearings on the subject of funding |
| 24 | | educational programs through block
grants. The
plan shall be
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| 25 | | designed to relieve school districts of the administrative |
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| 1 | | burdens that impede
efficiency and accompany single-program |
| 2 | | funding. A school district that receives an Early Childhood |
| 3 | | Education Block Grant shall report to the State Board of |
| 4 | | Education on its use of the block
grant in such form and detail |
| 5 | | as the State Board of Education
may specify. In addition, the |
| 6 | | report must include the following
description for the district, |
| 7 | | which must also be reported to
the General Assembly: block |
| 8 | | grant allocation and expenditures
by program; population and |
| 9 | | service levels by program; and
administrative expenditures by |
| 10 | | program. The State Board of Education shall ensure that the |
| 11 | | reporting requirements for a district organized under Article |
| 12 | | 34 of this Code are the same as for all other school districts |
| 13 | | in this State. |
| 14 | | (Source: P.A. 97-238, eff. 8-2-11.)
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| 15 | | (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
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| 16 | | Sec. 2-3.12. School building code. |
| 17 | | (a) To prepare for school boards with the
advice of the |
| 18 | | Department of Public Health, the Capital Development Board, and
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| 19 | | the State Fire Marshal a school building code that will |
| 20 | | conserve the health and
safety and general welfare of the |
| 21 | | pupils and school personnel and others who
use public school |
| 22 | | facilities.
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| 23 | | (b) Within 2 years after September 23, 1983,
and every 10 |
| 24 | | years thereafter, or at such other times as the State Board of
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| 25 | | Education deems necessary or the regional superintendent so |
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| 1 | | orders, each school
board subject to the provisions of this |
| 2 | | Section shall again survey its school
buildings and effectuate |
| 3 | | any recommendations in accordance with the procedures
set forth |
| 4 | | herein. |
| 5 | | (1) An architect or engineer licensed in the State of |
| 6 | | Illinois is
required to conduct the surveys under the |
| 7 | | provisions of this Section and shall
make a report of the |
| 8 | | findings of the survey titled "safety survey report" to
the |
| 9 | | school board. |
| 10 | | (2) The school board shall approve the safety survey |
| 11 | | report,
including any recommendations to effectuate |
| 12 | | compliance with the code, and
submit it to the Regional |
| 13 | | Superintendent. |
| 14 | | (3) The Regional Superintendent shall
render a |
| 15 | | decision regarding approval or denial and submit the safety |
| 16 | | survey
report to the State Superintendent of Education. |
| 17 | | (4) The State Superintendent of
Education shall |
| 18 | | approve or deny the report including recommendations to
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| 19 | | effectuate compliance with the code and, if approved, issue |
| 20 | | a certificate of
approval. |
| 21 | | (5) Upon receipt of the certificate of approval, the |
| 22 | | Regional
Superintendent shall issue an order to effect any |
| 23 | | approved recommendations
included in the report. The |
| 24 | | report shall meet all of the following requirements:
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| 25 | | (A) Items in the report shall be prioritized. |
| 26 | | (B) Urgent
items shall be considered as those items |
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| 1 | | related to life safety problems that
present an |
| 2 | | immediate hazard to the safety of students. |
| 3 | | (C) Required items shall be
considered as those |
| 4 | | items that are necessary for a safe environment but |
| 5 | | present
less of an immediate hazard to the safety of |
| 6 | | students. |
| 7 | | (D) Urgent and required
items shall reference a |
| 8 | | specific rule in the code authorized by this Section
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| 9 | | that is currently being violated or will be violated |
| 10 | | within the next 12 months
if the violation is not |
| 11 | | remedied. |
| 12 | | (6) The school board of each district so
surveyed and |
| 13 | | receiving a report of needed recommendations to be made to
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| 14 | | maintain standards of safety and health of the pupils |
| 15 | | enrolled shall effectuate
the correction of urgent items as |
| 16 | | soon as achievable to ensure the safety of
the students, |
| 17 | | but in no case more than one year after the date of the |
| 18 | | State
Superintendent of Education's approval of the |
| 19 | | recommendation. |
| 20 | | (7)
Required items shall be corrected in a timely |
| 21 | | manner, but in
no case more than 5 years from the date of |
| 22 | | the State Superintendent
of
Education's approval of the |
| 23 | | recommendation. |
| 24 | | (8) Once each year the school
board shall submit a |
| 25 | | report of progress on completion of any
recommendations to |
| 26 | | effectuate compliance with the code.
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| 1 | | (c) As soon as practicable, but not later than 2 years |
| 2 | | after January 1, 1993, the State Board of Education shall |
| 3 | | combine
the document known as "Efficient and Adequate Standards |
| 4 | | for the Construction of
Schools" with the document known as |
| 5 | | "Building Specifications for Health and
Safety in Public |
| 6 | | Schools" together with any modifications or additions that may
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| 7 | | be deemed necessary. The combined document shall be known as |
| 8 | | the "Health/Life
Safety Code for Public Schools" and shall be |
| 9 | | the governing code for all
facilities that house public school |
| 10 | | students or are otherwise used for public
school purposes, |
| 11 | | whether such facilities are permanent or temporary and
whether |
| 12 | | they are owned, leased, rented, or otherwise used by the |
| 13 | | district.
Facilities owned by a school district but that are |
| 14 | | not used to house public
school students or are not used for |
| 15 | | public school purposes shall be
governed by separate provisions |
| 16 | | within the code authorized by this Section.
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| 17 | | (d) The 10 year survey cycle specified in this Section |
| 18 | | shall continue to
apply based upon the standards contained in |
| 19 | | the "Health/Life Safety Code
for Public Schools", which shall |
| 20 | | specify building standards for buildings that
are constructed |
| 21 | | prior to January 1, 1993 and
for buildings that are constructed |
| 22 | | after that date.
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| 23 | | (e) The "Health/Life Safety Code for Public Schools" shall |
| 24 | | be the governing code
for public schools; however, the |
| 25 | | provisions of this Section shall not preclude
inspection of |
| 26 | | school premises and buildings pursuant to Section 9 of the Fire
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| 1 | | Investigation Act, provided that the provisions of the |
| 2 | | "Health/Life Safety Code
for Public Schools", or such |
| 3 | | predecessor document authorized by this Section as
may be |
| 4 | | applicable are used, and provided that those inspections are |
| 5 | | coordinated
with the Regional Superintendent having |
| 6 | | jurisdiction over the public school
facility.
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| 7 | | (e-5) After the effective date of this amendatory Act of |
| 8 | | the 98th General Assembly, all new school building construction |
| 9 | | governed by the "Health/Life Safety Code for Public Schools" |
| 10 | | must include in its design and construction a storm shelter |
| 11 | | that meets the minimum requirements of the ICC/NSSA Standard |
| 12 | | for the Design and Construction of Storm Shelters (ICC-500), |
| 13 | | published jointly by the International Code Council and the |
| 14 | | National Storm Shelter Association. Nothing in this subsection |
| 15 | | (e-5) precludes the design engineers, architects, or school |
| 16 | | district from applying a higher life safety standard than the |
| 17 | | ICC-500 for storm shelters. |
| 18 | | (f) Nothing in this Section shall be construed to prohibit |
| 19 | | the State Fire Marshal or a qualified fire official to whom the |
| 20 | | State Fire Marshal has delegated his or her authority
from
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| 21 | | conducting a fire safety check in a public school. |
| 22 | | (g) The Regional Superintendent shall address any |
| 23 | | violations that are not corrected in a timely manner pursuant |
| 24 | | to subsection (b) of Section 3-14.21 of this Code.
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| 25 | | (h) Any agency having jurisdiction beyond the scope of the |
| 26 | | applicable
document authorized by this Section may issue a |
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| 1 | | lawful order to a school board
to effectuate recommendations, |
| 2 | | and the school board receiving the order shall
certify to the |
| 3 | | Regional Superintendent and the State Superintendent of
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| 4 | | Education when it has complied with the order.
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| 5 | | (i) The State Board of Education is authorized to adopt any |
| 6 | | rules that are
necessary relating to the administration and |
| 7 | | enforcement of the provisions of
this Section. |
| 8 | | (j) The code authorized by this Section shall apply only to |
| 9 | | those
school districts having a population of less than 500,000 |
| 10 | | inhabitants.
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| 11 | | (k) In this Section, a "qualified fire official" means an |
| 12 | | individual that meets the requirements of rules adopted by the |
| 13 | | State Fire Marshal in cooperation with the State Board of |
| 14 | | Education to administer this Section. These rules shall be |
| 15 | | based on recommendations made by the task force established |
| 16 | | under Section 2-3.137 (now repealed) of this Code.
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| 17 | | (Source: P.A. 98-883, eff. 1-1-15.)
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| 18 | | (105 ILCS 5/2-3.39) (from Ch. 122, par. 2-3.39)
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| 19 | | Sec. 2-3.39. Department of Transitional Bilingual |
| 20 | | Education. To establish a Department of Transitional Bilingual |
| 21 | | Education. In selecting
staff for the Department of |
| 22 | | Transitional
Bilingual Education the State Board of Education
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| 23 | | shall give preference to persons
who are natives of foreign |
| 24 | | countries where languages to be used in
transitional bilingual |
| 25 | | education programs are the predominant languages.
The |
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| 1 | | Department of Transitional Bilingual Education has the power |
| 2 | | and
duty to:
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| 3 | | (1) Administer and enforce the provisions of Article 14C of |
| 4 | | this
Code including the power to promulgate any necessary rules |
| 5 | | and
regulations.
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| 6 | | (2) Study, review, and evaluate all available resources and |
| 7 | | programs
that, in whole or in part, are or could be directed |
| 8 | | towards meeting the
language capability needs of child English |
| 9 | | learners and adult English learners children and adults of |
| 10 | | limited
English-speaking ability residing in the State.
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| 11 | | (3) Gather information about the theory and practice of |
| 12 | | bilingual
education in this State and elsewhere, and encourage |
| 13 | | experimentation and
innovation in the field of bilingual |
| 14 | | education.
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| 15 | | (4) Provide for the maximum practical involvement of |
| 16 | | parents of
bilingual children, transitional bilingual |
| 17 | | education teachers,
representatives of community groups, |
| 18 | | educators, and laymen knowledgeable
in the field of bilingual |
| 19 | | education in the formulation of policy and
procedures relating |
| 20 | | to the administration of Article 14C of this Code.
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| 21 | | (5) Consult with other public departments and agencies, |
| 22 | | including
but not limited to the Department of Community |
| 23 | | Affairs, the Department
of Public Welfare, the Division of |
| 24 | | Employment Security, the Commission
Against Discrimination, |
| 25 | | and the United States Department of Health,
Education, and |
| 26 | | Welfare in connection with the administration of Article
14C of |
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| 1 | | this Code.
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| 2 | | (6) Make recommendations in the areas of preservice and |
| 3 | | in-service
training for transitional bilingual education |
| 4 | | teachers, curriculum
development, testing and testing |
| 5 | | mechanisms, and the development of
materials for transitional |
| 6 | | bilingual education programs.
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| 7 | | (7) Undertake any further activities which may assist in |
| 8 | | the full
implementation of Article 14C of this Code and to make |
| 9 | | an annual report
to the General Assembly to include an |
| 10 | | evaluation of the program, the
need for continuing such a |
| 11 | | program, and recommendations for improvement.
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| 12 | | The requirement for reporting to the General Assembly shall |
| 13 | | be satisfied
by filing copies of the report with the Speaker, |
| 14 | | the Minority Leader and
the Clerk of the House of |
| 15 | | Representatives and the President, the Minority
Leader and the |
| 16 | | Secretary of the Senate and the Legislative Research
Unit, as |
| 17 | | required
by Section 3.1 of "An Act to revise the law in |
| 18 | | relation to the General Assembly",
approved February 25, 1874, |
| 19 | | as amended, and filing such additional copies
with the State |
| 20 | | Government Report Distribution Center for the General Assembly
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| 21 | | as is required under
paragraph (t) of Section 7 of the State |
| 22 | | Library Act.
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| 23 | | (Source: P.A. 84-1438.)
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| 24 | | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
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| 25 | | Sec. 2-3.62. Educational service centers.
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| 1 | | (a) A regional network of educational service centers shall |
| 2 | | be established
by the State Board of Education to coordinate |
| 3 | | and combine existing services in
a manner which is practical |
| 4 | | and efficient and to provide new services to
schools as |
| 5 | | provided in this Section. Services to be made available by such
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| 6 | | centers shall include the planning, implementation and |
| 7 | | evaluation of:
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| 8 | | (1) (blank);
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| 9 | | (2) computer technology education;
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| 10 | | (3) mathematics, science and reading resources for |
| 11 | | teachers including
continuing education, inservice |
| 12 | | training and staff development.
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| 13 | | The centers may provide training, technical assistance, |
| 14 | | coordination and
planning in other program areas such as school |
| 15 | | improvement, school
accountability, financial planning, |
| 16 | | consultation, and services, career guidance, early childhood |
| 17 | | education, alcohol/drug
education and prevention, family life - |
| 18 | | sex education, electronic transmission
of data from school |
| 19 | | districts to the State, alternative education and regional
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| 20 | | special education, and telecommunications systems that provide |
| 21 | | distance
learning. Such telecommunications systems may be |
| 22 | | obtained through the
Department of Central Management Services |
| 23 | | pursuant to Section 405-270 of the
Department of Central |
| 24 | | Management Services Law (20 ILCS 405/405-270). The programs and |
| 25 | | services of educational
service centers may be offered to |
| 26 | | private school teachers and private school
students within each |
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| 1 | | service center area provided public schools have already
been |
| 2 | | afforded adequate access to such programs and services.
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| 3 | | Upon the abolition of the office, removal from office, |
| 4 | | disqualification for office, resignation from office, or |
| 5 | | expiration of the current term of office of the regional |
| 6 | | superintendent of schools, whichever is earlier, the chief |
| 7 | | administrative officer of the centers serving that portion of a |
| 8 | | Class II county school unit outside of a city of 500,000 or |
| 9 | | more inhabitants shall have and exercise, in and with respect |
| 10 | | to each educational service region having a population of |
| 11 | | 2,000,000 or more inhabitants and in and with respect to each |
| 12 | | school district located in any such educational service region, |
| 13 | | all of the rights, powers, duties, and responsibilities |
| 14 | | theretofore vested by law in and exercised and performed by the |
| 15 | | regional superintendent of schools for that area under the |
| 16 | | provisions of this Code or any other laws of this State. |
| 17 | | The State Board of Education shall promulgate rules and |
| 18 | | regulations necessary
to implement this Section. The rules |
| 19 | | shall include detailed standards which
delineate the scope and |
| 20 | | specific content of programs to be provided by each
Educational |
| 21 | | Service Center, as well as the specific planning, |
| 22 | | implementation
and evaluation services to be provided by each |
| 23 | | Center relative to its programs.
The Board shall also provide |
| 24 | | the standards by which it will evaluate the
programs provided |
| 25 | | by each Center.
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| 26 | | (b) Centers serving Class 1 county school units shall be |
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| 1 | | governed by an
11-member board, 3 members of which shall be |
| 2 | | public school teachers
nominated by the local bargaining |
| 3 | | representatives to the appropriate regional
superintendent for |
| 4 | | appointment and no more than 3 members of which shall be
from |
| 5 | | each of the following categories, including but not limited to
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| 6 | | superintendents, regional superintendents, school board |
| 7 | | members
and a representative of an institution of higher |
| 8 | | education. The members of
the board shall be appointed by the |
| 9 | | regional superintendents whose school
districts are served by |
| 10 | | the educational service center.
The composition of the board |
| 11 | | will reflect the revisions of this
amendatory Act of 1989 as |
| 12 | | the terms of office of current members expire.
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| 13 | | (c) The centers shall be of sufficient size and number to |
| 14 | | assure delivery
of services to all local school districts in |
| 15 | | the State.
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| 16 | | (d) From monies appropriated for this program the State |
| 17 | | Board of
Education shall provide grants paid from the Personal |
| 18 | | Property Tax Replacement Fund to qualifying Educational |
| 19 | | Service Centers
applying for such grants in accordance with |
| 20 | | rules and regulations
promulgated by the State Board of |
| 21 | | Education to implement this Section.
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| 22 | | (e) The governing authority of each of the 18 regional |
| 23 | | educational service
centers shall appoint a family life - sex |
| 24 | | education advisory board
consisting of 2 parents, 2 teachers, 2 |
| 25 | | school administrators, 2 school
board members, 2 health care |
| 26 | | professionals, one library system
representative, and the |
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| 1 | | director of the regional educational service center
who shall |
| 2 | | serve as chairperson of the advisory board so appointed. |
| 3 | | Members
of the family life - sex education advisory boards |
| 4 | | shall serve without
compensation. Each of the advisory boards |
| 5 | | appointed pursuant to this
subsection shall develop a plan for |
| 6 | | regional teacher-parent family life - sex
education training |
| 7 | | sessions and shall file a written report of such plan
with the |
| 8 | | governing board of their regional educational service center. |
| 9 | | The
directors of each of the regional educational service
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| 10 | | centers shall thereupon meet, review each of the reports |
| 11 | | submitted by the
advisory boards and combine those reports into |
| 12 | | a single written report which
they shall file with the Citizens |
| 13 | | Council on School Problems prior to the
end of the regular |
| 14 | | school term of the 1987-1988 school year.
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| 15 | | (f) The 14 educational service centers serving Class I |
| 16 | | county school units
shall be disbanded on the first Monday of |
| 17 | | August, 1995, and their statutory
responsibilities and |
| 18 | | programs shall be assumed by the regional offices of
education, |
| 19 | | subject to rules and regulations developed by
the
State Board |
| 20 | | of Education. The regional superintendents of schools elected |
| 21 | | by
the voters residing in all Class I counties shall serve as |
| 22 | | the chief
administrators for these programs and services. By |
| 23 | | rule of the State Board of
Education, the 10 educational |
| 24 | | service regions of
lowest
population shall provide such |
| 25 | | services under cooperative agreements with larger
regions.
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| 26 | | (Source: P.A. 97-619, eff. 11-14-11; 98-24, eff. 6-19-13; |
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| 1 | | 98-647, eff. 6-13-14.)
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| 2 | | (105 ILCS 5/2-3.64a-5) |
| 3 | | Sec. 2-3.64a-5. State goals and assessment. |
| 4 | | (a) For the assessment and accountability purposes of this |
| 5 | | Section, "students" includes those students enrolled in a |
| 6 | | public or State-operated elementary school, secondary school, |
| 7 | | or cooperative or joint agreement with a governing body or |
| 8 | | board of control, a charter school operating in compliance with |
| 9 | | the Charter Schools Law, a school operated by a regional office |
| 10 | | of education under Section 13A-3 of this Code, or a public |
| 11 | | school administered by a local public agency or the Department |
| 12 | | of Human Services. |
| 13 | | (b) The State Board of Education shall establish the |
| 14 | | academic standards that are to be applicable to students who |
| 15 | | are subject to State assessments under this Section. The State |
| 16 | | Board of Education shall not establish any such standards in |
| 17 | | final form without first providing opportunities for public |
| 18 | | participation and local input in the development of the final |
| 19 | | academic standards. Those opportunities shall include a |
| 20 | | well-publicized period of public comment and opportunities to |
| 21 | | file written comments. |
| 22 | | (c) Beginning no later than the 2014-2015 school year, the |
| 23 | | State Board of Education shall annually assess all students |
| 24 | | enrolled in grades 3 through 8 in English language arts and |
| 25 | | mathematics. |
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| 1 | | Beginning no later than the 2017-2018 school year, the |
| 2 | | State Board of Education shall annually assess all students in |
| 3 | | science at one grade in grades 3 through 5, at one grade in |
| 4 | | grades 6 through 8, and at one grade in grades 9 through 12. |
| 5 | | The State Board of Education shall annually assess schools |
| 6 | | that operate a secondary education program, as defined in |
| 7 | | Section 22-22 of this Code, in English language arts and |
| 8 | | mathematics. The State Board of Education shall administer no |
| 9 | | more than 3 assessments, per student, of English language arts |
| 10 | | and mathematics for students in a secondary education program. |
| 11 | | One of these assessments shall include a college and career |
| 12 | | ready determination. |
| 13 | | Students who are not assessed for college and career ready |
| 14 | | determinations may not receive a regular high school diploma |
| 15 | | unless the student is exempted from taking State assessments |
| 16 | | under subsection (d) of this Section because (i) the student's |
| 17 | | individualized educational program developed under Article 14 |
| 18 | | of this Code identifies the State assessment as inappropriate |
| 19 | | for the student, (ii) the student is enrolled in a program of |
| 20 | | adult and continuing education, as defined in the Adult |
| 21 | | Education Act, (iii) the school district is not required to |
| 22 | | assess the individual student for purposes of accountability |
| 23 | | under federal No Child Left Behind Act of 2001 requirements, |
| 24 | | (iv) the student has been determined to be an English language |
| 25 | | learner, referred to in this Code as a student with limited |
| 26 | | English proficiency, and has been enrolled in schools in the |
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| 1 | | United States for less than 12 months, or (v) the student is |
| 2 | | otherwise identified by the State Board of Education, through |
| 3 | | rules, as being exempt from the assessment. |
| 4 | | The State Board of Education shall not assess students |
| 5 | | under this Section in subjects not required by this Section. |
| 6 | | Districts shall inform their students of the timelines and |
| 7 | | procedures applicable to their participation in every yearly |
| 8 | | administration of the State assessments.
The State Board of |
| 9 | | Education shall establish periods of time in each school year |
| 10 | | during which State assessments shall occur to meet the |
| 11 | | objectives of this Section. |
| 12 | | (d) Every individualized educational program as described |
| 13 | | in Article 14 shall identify if the State assessment or |
| 14 | | components thereof are appropriate for the student. The State |
| 15 | | Board of Education shall develop rules governing the |
| 16 | | administration of an alternate assessment that may be available |
| 17 | | to students for whom participation in this State's regular |
| 18 | | assessments is not appropriate, even with accommodations as |
| 19 | | allowed under this Section. |
| 20 | | Students receiving special education services whose |
| 21 | | individualized educational programs identify them as eligible |
| 22 | | for the alternative State assessments nevertheless shall have |
| 23 | | the option of taking this State's regular assessment that |
| 24 | | includes a college and career ready determination, which shall |
| 25 | | be administered in accordance with the eligible accommodations |
| 26 | | appropriate for meeting these students' respective needs. |
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| 1 | | All students determined to be an English learners language |
| 2 | | learner, referred to in this Code as a student with limited |
| 3 | | English proficiency, shall participate in the State |
| 4 | | assessments, excepting those students who have been enrolled in |
| 5 | | schools in the United States for less than 12 months. Such |
| 6 | | students may be exempted from participation in one annual |
| 7 | | administration of the English language arts assessment. Any |
| 8 | | student determined to be an English language learner, referred |
| 9 | | to in this Code as a student with limited English proficiency, |
| 10 | | shall receive appropriate assessment accommodations, including |
| 11 | | language supports, which shall be established by rule. Approved |
| 12 | | assessment accommodations must be provided until the student's |
| 13 | | English language skills develop to the extent that the student |
| 14 | | is no longer considered to be an English language learner, |
| 15 | | referred to in this Code as a student with limited English |
| 16 | | proficiency, as demonstrated through a State-identified |
| 17 | | English language proficiency assessment. |
| 18 | | (e) The results or scores of each assessment taken under |
| 19 | | this Section shall be made available to the parents of each |
| 20 | | student. |
| 21 | | In each school year, the scores attained by a student on |
| 22 | | the State assessment that includes a college and career ready |
| 23 | | determination must be placed in the student's permanent record |
| 24 | | and must be entered on the student's transcript pursuant to |
| 25 | | rules that the State Board of Education shall adopt for that |
| 26 | | purpose in accordance with Section 3 of the Illinois School |
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| 1 | | Student Records Act. In each school year, the scores attained |
| 2 | | by a student on the State assessments administered in grades 3 |
| 3 | | through 8 must be placed in the student's temporary record. |
| 4 | | (f) All schools shall administer an academic assessment of |
| 5 | | English language proficiency in oral language (listening and |
| 6 | | speaking) and reading and writing skills to all children |
| 7 | | determined to be English language learners, referred to in |
| 8 | | Section 14C-3 of this Code as children with limited |
| 9 | | English-speaking ability. |
| 10 | | (g) All schools in this State that are part of the sample |
| 11 | | drawn by the National Center for Education Statistics, in |
| 12 | | collaboration with their school districts and the State Board |
| 13 | | of Education, shall administer the biennial academic |
| 14 | | assessments under the National Assessment of Educational |
| 15 | | Progress carried out under Section 411(b)(2) of the federal |
| 16 | | National Education Statistics Act of 1994 (20 U.S.C. 9010) if |
| 17 | | the U.S. Secretary of Education pays the costs of administering |
| 18 | | the assessments. |
| 19 | | (h) Subject to available funds to this State for the |
| 20 | | purpose of student assessment, the State Board of Education |
| 21 | | shall provide additional assessments and assessment resources |
| 22 | | that may be used by school districts for local assessment |
| 23 | | purposes. The State Board of Education shall annually |
| 24 | | distribute a listing of these additional resources. |
| 25 | | (i) For the purposes of this subsection (i), "academically |
| 26 | | based assessments" means assessments consisting of questions |
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| 1 | | and answers that are measurable and quantifiable to measure the |
| 2 | | knowledge, skills, and ability of students in the subject |
| 3 | | matters covered by the assessments. All assessments |
| 4 | | administered pursuant to this Section must be academically |
| 5 | | based assessments. The scoring of academically based |
| 6 | | assessments shall be reliable, valid, and fair and shall meet |
| 7 | | the guidelines for assessment development and use prescribed by |
| 8 | | the American Psychological Association, the National Council |
| 9 | | on Measurement in Education, and the American Educational |
| 10 | | Research Association. |
| 11 | | The State Board of Education shall review the use of all |
| 12 | | assessment item types in order to ensure that they are valid |
| 13 | | and reliable indicators of student performance aligned to the |
| 14 | | learning standards being assessed and that the development, |
| 15 | | administration, and scoring of these item types are justifiable |
| 16 | | in terms of cost. |
| 17 | | (j) The State Superintendent of Education shall appoint a |
| 18 | | committee of no more than 21 members, consisting of parents, |
| 19 | | teachers, school administrators, school board members, |
| 20 | | assessment experts, regional superintendents of schools, and |
| 21 | | citizens, to review the State assessments administered by the |
| 22 | | State Board of Education. The Committee shall select one of its |
| 23 | | members as its chairperson. The Committee shall meet on an |
| 24 | | ongoing basis to review the content and design of the |
| 25 | | assessments (including whether the requirements of subsection |
| 26 | | (i) of this Section have been met), the time and money expended |
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| 1 | | at the local and State levels to prepare for and administer the |
| 2 | | assessments, the collective results of the assessments as |
| 3 | | measured against the stated purpose of assessing student |
| 4 | | performance, and other issues involving the assessments |
| 5 | | identified by the Committee. The Committee shall make periodic |
| 6 | | recommendations to the State Superintendent of Education and |
| 7 | | the General Assembly concerning the assessments. |
| 8 | | (k) The State Board of Education may adopt rules to |
| 9 | | implement this Section.
|
| 10 | | (Source: P.A. 98-972, eff. 8-15-14.)
|
| 11 | | (105 ILCS 5/2-3.162) |
| 12 | | Sec. 2-3.162 2-3.160. Student discipline report; school |
| 13 | | discipline improvement plan. |
| 14 | | (a) On or before October 31, 2015 and on or before October |
| 15 | | 31 of each subsequent year, the State Board of Education, |
| 16 | | through the State Superintendent of Education, shall prepare a |
| 17 | | report on student discipline in all school districts in this |
| 18 | | State, including State-authorized charter schools. This report |
| 19 | | shall include data from all public schools within school |
| 20 | | districts, including district-authorized charter schools. This |
| 21 | | report must be posted on the Internet website of the State |
| 22 | | Board of Education. The report shall include data on the |
| 23 | | issuance of out-of-school suspensions, expulsions, and |
| 24 | | removals to alternative settings in lieu of another |
| 25 | | disciplinary action, disaggregated by race and ethnicity, |
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| 1 | | gender, age, grade level, whether a student is an English |
| 2 | | learner limited English proficiency, incident type, and |
| 3 | | discipline duration. |
| 4 | | (b) The State Board of Education shall analyze the data |
| 5 | | under subsection (a) of this Section on an annual basis and |
| 6 | | determine the top 20% of school districts for the following |
| 7 | | metrics: |
| 8 | | (1) Total number of out-of-school suspensions divided |
| 9 | | by the total district enrollment by the last school day in |
| 10 | | September for the year in which the data was collected, |
| 11 | | multiplied by 100. |
| 12 | | (2) Total number of out-of-school expulsions divided |
| 13 | | by the total district enrollment by the last school day in |
| 14 | | September for the year in which the data was collected, |
| 15 | | multiplied by 100. |
| 16 | | (3) Racial disproportionality, defined as the |
| 17 | | overrepresentation of students of color or white students |
| 18 | | in comparison to the total number of students of color or |
| 19 | | white students on October 1st of the school year in which |
| 20 | | data are collected, with respect to the use of |
| 21 | | out-of-school suspensions and expulsions, which must be |
| 22 | | calculated using the same method as the U.S. Department of |
| 23 | | Education's Office for Civil Rights uses. |
| 24 | | The analysis must be based on data collected over 3 |
| 25 | | consecutive school years, beginning with the 2014-2015 school |
| 26 | | year. |
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| 1 | | Beginning with the 2017-2018 school year, the State Board |
| 2 | | of Education shall require each of the school districts that |
| 3 | | are identified in the top 20% of any of the metrics described |
| 4 | | in this subsection (b) for 3 consecutive years to submit a plan |
| 5 | | identifying the strategies the school district will implement |
| 6 | | to reduce the use of exclusionary disciplinary practices or |
| 7 | | racial disproportionality or both, if applicable. School |
| 8 | | districts that no longer meet the criteria described in any of |
| 9 | | the metrics described in this subsection (b) for 3 consecutive |
| 10 | | years shall no longer be required to submit a plan. |
| 11 | | This plan may be combined with any other improvement plans |
| 12 | | required under federal or State law. |
| 13 | | The calculation of the top 20% of any of the metrics |
| 14 | | described in this subsection (b) shall exclude all school |
| 15 | | districts, State-authorized charter schools, and special |
| 16 | | charter districts that issued fewer than a total of 10 |
| 17 | | out-of-school suspensions or expulsions, whichever is |
| 18 | | applicable, during the school year. The calculation of the top |
| 19 | | 20% of metric described in subdivision (3) of this subsection |
| 20 | | (b) shall exclude all school districts with an enrollment of |
| 21 | | fewer than 50 white students or fewer than 50 students of |
| 22 | | color. |
| 23 | | The plan must be approved at a public school board meeting |
| 24 | | and posted on the school district's Internet website. Within |
| 25 | | one year after being identified, the school district shall |
| 26 | | submit to the State Board of Education and post on the |
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| 1 | | district's Internet website a progress report describing the |
| 2 | | implementation of the plan and the results achieved.
|
| 3 | | (Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.)
|
| 4 | | (105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
|
| 5 | | Sec. 3-1. Election; eligibility. Quadrennially there shall |
| 6 | | be
elected in every county, except those which have been |
| 7 | | consolidated into
a multicounty educational service region |
| 8 | | under Article 3A and except
those having a population of |
| 9 | | 2,000,000 or more inhabitants, a regional
superintendent of |
| 10 | | schools, who shall enter
upon the discharge of his duties on |
| 11 | | the first Monday of August next after
his election; provided, |
| 12 | | however, that the term of office of each regional
|
| 13 | | superintendent of schools in office on June 30, 2003
is |
| 14 | | terminated on
July 1, 2003, except that an incumbent regional
|
| 15 | | superintendent of schools
shall continue to serve until his |
| 16 | | successor is elected and qualified, and each
regional |
| 17 | | superintendent of schools elected at the general election in |
| 18 | | 2002 and
every four years thereafter shall assume office on the |
| 19 | | first day of July
next after his election. No one is eligible |
| 20 | | to file his petition at any
primary election for the nomination
|
| 21 | | as candidate for the office of regional superintendent of |
| 22 | | schools nor to
enter upon the duties of such office either by |
| 23 | | election or appointment
unless he possesses the following |
| 24 | | qualifications: (1) he is of good
character, (2) he has a |
| 25 | | master's degree, (3) he has earned at least 20
semester hours |
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| 1 | | of credit in professional education at the graduate
level, (4) |
| 2 | | he holds a valid all grade supervisory license, certificate or |
| 3 | | a valid
State state limited supervisory license certificate, or |
| 4 | | a valid state life supervisory
license certificate, or a valid |
| 5 | | administrative license certificate, (5) he has had at least
4 |
| 6 | | years experience in teaching, and (6) he was engaged for at |
| 7 | | least 2 years
of the 4 previous years in full time teaching or |
| 8 | | supervising in the common
public schools or serving as a county |
| 9 | | superintendent of schools or regional
superintendent of |
| 10 | | schools for an educational service region in the State of
|
| 11 | | Illinois.
|
| 12 | | No petition of any candidate for nomination for the office |
| 13 | | of regional
superintendent of schools may be filed and no such |
| 14 | | candidate's name may be
placed on a primary or general election |
| 15 | | ballot, unless such candidate files
as part of his petition a |
| 16 | | certificate from the State Board of Education
certifying that |
| 17 | | from the records of its office such candidate has the
|
| 18 | | qualifications required by this Section; however, any |
| 19 | | incumbent filing his
petition for nomination for a succeeding |
| 20 | | term of office shall not be
required to attach such certificate |
| 21 | | to his petition of candidacy.
|
| 22 | | Nomination papers filed under this Section are not valid |
| 23 | | unless the
candidate named therein files with the county clerk |
| 24 | | or State Board of
Elections a statement of economic interests |
| 25 | | as required by the Illinois
Governmental Ethics Act. Such |
| 26 | | receipt shall be so filed either previously
during the calendar |
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| 1 | | year in which his nomination papers were filed or
within the |
| 2 | | period for the filing of nomination papers in accordance with
|
| 3 | | the general election law.
|
| 4 | | The changes in qualifications made by Public Act 76-1563 do |
| 5 | | not affect
the right of an incumbent to seek reelection.
|
| 6 | | On and after July 1, 1994, the provisions of this Section |
| 7 | | shall have
no application in any educational service region |
| 8 | | having a population of
2,000,000 or more inhabitants; provided |
| 9 | | further that no election shall be
held in November of 1994 or |
| 10 | | at any other time after July 1, 1992 for the office
of regional |
| 11 | | superintendent of schools in any county or educational service
|
| 12 | | region having a population of 2,000,000 or more inhabitants.
|
| 13 | | (Source: P.A. 96-893, eff. 7-1-10.)
|
| 14 | | (105 ILCS 5/3-2.5)
|
| 15 | | Sec. 3-2.5. Salaries.
|
| 16 | | (a) Except as otherwise provided in this Section, the
|
| 17 | | regional superintendents of schools shall receive for their |
| 18 | | services an annual
salary according to the population, as |
| 19 | | determined by the last preceding federal
census, of the region |
| 20 | | they serve, as set out in the following schedule:
|
|
| 21 | | SALARIES OF REGIONAL SUPERINTENDENTS OF
| | 22 | | SCHOOLS |
|
|
| 23 | | POPULATION OF REGION |
ANNUAL SALARY |
|
| 24 | | Less than 48,000 |
$73,500 |
|
| 25 | | 61,000 48,000 to 99,999 |
$78,000 |
|
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| 1 | | 100,000 to 999,999 |
$81,500 |
|
| 2 | | 1,000,000 and over |
$83,500 |
|
| 3 | | The changes made by Public Act 86-98 in the annual salary |
| 4 | | that the
regional superintendents of schools shall receive for |
| 5 | | their services shall
apply to the annual salary received by the |
| 6 | | regional superintendents of
schools during each of their |
| 7 | | elected terms of office that
commence after
July 26, 1989 and |
| 8 | | before the first Monday of August, 1995.
|
| 9 | | The changes made by Public Act 89-225 in the annual salary |
| 10 | | that
regional superintendents of schools shall receive for |
| 11 | | their services shall
apply to the annual salary received by the |
| 12 | | regional superintendents of schools
during their elected terms |
| 13 | | of office that
commence after August 4,
1995 and end on August |
| 14 | | 1, 1999.
|
| 15 | | The changes made by this amendatory Act of the 91st General |
| 16 | | Assembly in the
annual salary that the regional superintendents |
| 17 | | of schools shall receive for
their services shall apply to the |
| 18 | | annual salary received by the regional
superintendents of |
| 19 | | schools during each of their elected terms of office that
|
| 20 | | commence on or after August 2, 1999.
|
| 21 | | Beginning July 1, 2000, the salary that the regional |
| 22 | | superintendent
of schools receives for his or her services |
| 23 | | shall be adjusted annually to
reflect the percentage increase, |
| 24 | | if any, in the most recent Consumer Price
Index, as defined and |
| 25 | | officially reported by the United States Department of
Labor, |
| 26 | | Bureau of Labor Statistics, except that no annual increment may |
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| 1 | | exceed
2.9%. If the percentage of change in the
Consumer Price |
| 2 | | Index is a percentage decrease, the salary that the regional
|
| 3 | | superintendent of schools receives shall not be adjusted for |
| 4 | | that year.
|
| 5 | | When regional superintendents are authorized by the School |
| 6 | | Code to
appoint assistant regional superintendents, the |
| 7 | | assistant regional
superintendent shall receive an annual |
| 8 | | salary based on his or her
qualifications and computed as a |
| 9 | | percentage of the salary of the
regional superintendent to whom |
| 10 | | he or she is assistant, as set out in the
following schedule:
|
|
| 11 | | SALARIES OF ASSISTANT REGIONAL | | 12 | | SUPERINTENDENTS |
|
|
| 13 | | QUALIFICATIONS OF |
PERCENTAGE OF SALARY |
|
| 14 | | ASSISTANT REGIONAL |
OF REGIONAL |
|
| 15 | | SUPERINTENDENT |
SUPERINTENDENT |
|
| 16 | | No Bachelor's degree, but State |
| |
| 17 | | certificate valid for teaching | |
|
| 18 | | and supervising. |
70% |
|
| 19 | | Bachelor's degree plus |
| |
| 20 | | State license certificate valid | |
|
| 21 | | for supervising. |
75% |
|
| 22 | | Master's degree plus |
| |
| 23 | | State license certificate valid | |
|
| 24 | | for supervising. |
90% |
|
| 25 | | However, in any region in which the appointment of more |
| 26 | | than one
assistant regional superintendent is authorized, |
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| 1 | | whether by Section
3-15.10 of this Code or otherwise, not more |
| 2 | | than one assistant may
be compensated at the 90% rate and any |
| 3 | | other assistant shall be paid at
not exceeding the 75% rate, in |
| 4 | | each case depending on the qualifications
of the assistant.
|
| 5 | | The salaries provided in this Section plus an amount for |
| 6 | | other employment-related compensation or benefits for regional |
| 7 | | superintendents
and assistant regional superintendents are |
| 8 | | payable monthly by the State Board of Education out of the |
| 9 | | Personal Property Tax Replacement Fund through a specific |
| 10 | | appropriation to that effect in the State Board of Education |
| 11 | | budget. The State Comptroller in making his or her warrant to
|
| 12 | | any county for the amount due it from the Personal Property Tax |
| 13 | | Replacement Fund shall deduct
from it the several amounts for |
| 14 | | which warrants have been issued to the
regional superintendent, |
| 15 | | and any assistant regional superintendent, of
the educational |
| 16 | | service region encompassing the county since the
preceding |
| 17 | | apportionment from the Personal Property Tax Replacement Fund.
|
| 18 | | County boards may provide for additional compensation for |
| 19 | | the
regional superintendent or the assistant regional |
| 20 | | superintendents, or
for each of them, to be paid quarterly from |
| 21 | | the county treasury.
|
| 22 | | (b) Upon abolition of the office of regional
superintendent |
| 23 | | of schools in educational service regions containing
2,000,000 |
| 24 | | or more inhabitants as provided in Section 3-0.01
of this Code, |
| 25 | | the funds provided under subsection (a) of this Section shall |
| 26 | | continue to be appropriated and reallocated, as provided for |
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| 1 | | pursuant to subsection (b) of Section 3-0.01 of this Code, to |
| 2 | | the educational service centers established pursuant to |
| 3 | | Section 2-3.62 of this Code for an educational service region |
| 4 | | containing 2,000,000 or more inhabitants.
|
| 5 | | (c) If the State pays all or any portion of the employee |
| 6 | | contributions
required under Section 16-152 of the Illinois |
| 7 | | Pension Code for employees of the
State Board of Education, it |
| 8 | | shall also, subject to appropriation in the State Board of |
| 9 | | Education budget for such payments to Regional Superintendents |
| 10 | | and Assistant Regional Superintendents, pay the employee |
| 11 | | contributions required
of regional superintendents of schools |
| 12 | | and assistant regional superintendents
of schools on the same |
| 13 | | basis, but excluding any contributions based on
compensation |
| 14 | | that is paid by the county rather than the State.
|
| 15 | | This subsection (c) applies to contributions based on |
| 16 | | payments of salary
earned after the effective date of this |
| 17 | | amendatory Act of the 91st General
Assembly, except that in the |
| 18 | | case of an elected regional superintendent of
schools, this |
| 19 | | subsection does not apply to contributions based on payments of
|
| 20 | | salary earned during a term of office that commenced before the |
| 21 | | effective date
of this amendatory Act.
|
| 22 | | (Source: P.A. 97-333, eff. 8-12-11; 97-619, eff. 11-14-11; |
| 23 | | 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
|
| 24 | | (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
|
| 25 | | Sec. 3-11. Institutes or inservice training workshops. In |
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| 1 | | counties
of less than 2,000,000 inhabitants, the regional |
| 2 | | superintendent may
arrange for or conduct district, regional, |
| 3 | | or county institutes, or
equivalent professional educational |
| 4 | | experiences, not more than 4 days
annually. Of those 4 days, 2 |
| 5 | | days may be used as a teacher's and educational support |
| 6 | | personnel workshop,
when approved by the regional |
| 7 | | superintendent, up to 2 days may be used
for conducting |
| 8 | | parent-teacher conferences, or up to 2 days may be utilized
as |
| 9 | | parental institute days as provided in Section 10-22.18d. |
| 10 | | Educational support personnel may be exempt from a workshop if |
| 11 | | the workshop is not relevant to the work they do. A school
|
| 12 | | district may use one of its 4 institute days on the last day of |
| 13 | | the school
term. "Institute" or "Professional educational |
| 14 | | experiences" means any
educational gathering, demonstration of |
| 15 | | methods of instruction,
visitation of schools or other |
| 16 | | institutions or facilities, sexual
abuse and sexual assault |
| 17 | | awareness seminar, or training in First Aid (which may include |
| 18 | | cardiopulmonary resuscitation or defibrillator training) held |
| 19 | | or approved
by the regional superintendent and declared by him |
| 20 | | to be an institute day,
or parent-teacher conferences. With the |
| 21 | | concurrence of the State
Superintendent of Education, he or she |
| 22 | | may employ such assistance as is
necessary
to conduct the |
| 23 | | institute. Two or more adjoining counties may jointly hold
an |
| 24 | | institute. Institute instruction shall be free to holders of
|
| 25 | | licenses certificates good in the county or counties holding |
| 26 | | the institute, and to
those who have paid an examination fee |
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| 1 | | and failed to receive a license certificate.
|
| 2 | | In counties of 2,000,000 or more inhabitants, the regional
|
| 3 | | superintendent may arrange for or conduct district, regional, |
| 4 | | or county
inservice training workshops, or equivalent |
| 5 | | professional educational
experiences, not more than 4 days |
| 6 | | annually. Of those 4 days, 2
days may be used as a teacher's |
| 7 | | and educational support
personnel workshop, when approved by |
| 8 | | the regional
superintendent, up to 2 days may
be used for |
| 9 | | conducting parent-teacher conferences, or up to 2 days may be
|
| 10 | | utilized as parental institute days as provided in Section |
| 11 | | 10-22.18d. Educational support personnel may be exempt from a |
| 12 | | workshop if
the workshop is not relevant to the work they do. A
|
| 13 | | school district may use one of those 4 days on the last day of |
| 14 | | the school
term. "Inservice Training Workshops" or |
| 15 | | "Professional educational
experiences" means any educational |
| 16 | | gathering, demonstration of methods of
instruction, visitation |
| 17 | | of schools or other institutions or
facilities, sexual abuse |
| 18 | | and sexual assault awareness seminar, or training in First Aid |
| 19 | | (which may include cardiopulmonary resuscitation or |
| 20 | | defibrillator training) held
or approved by the regional |
| 21 | | superintendent and declared by him to be
an inservice training |
| 22 | | workshop, or parent-teacher conferences. With the
concurrence |
| 23 | | of the State Superintendent of Education, he may employ such
|
| 24 | | assistance as is necessary to conduct the inservice training |
| 25 | | workshop.
With the approval of the regional superintendent, 2 |
| 26 | | or more adjoining
districts may jointly hold an inservice |
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| 1 | | training workshop. In addition,
with the approval of the |
| 2 | | regional superintendent, one district may conduct
its own |
| 3 | | inservice training workshop with subject matter consultants
|
| 4 | | requested from the county, State or any State institution of |
| 5 | | higher learning.
|
| 6 | | Such teachers institutes as referred to in this Section may |
| 7 | | be held
on consecutive or separate days at the option of the |
| 8 | | regional
superintendent having jurisdiction thereof.
|
| 9 | | Whenever reference is made in this Act to "teachers |
| 10 | | institute", it
shall be construed to include the inservice |
| 11 | | training workshops or
equivalent professional educational |
| 12 | | experiences provided for in this Section.
|
| 13 | | Any institute advisory committee existing on April 1, 1995, |
| 14 | | is dissolved
and the duties and responsibilities of the |
| 15 | | institute advisory committee are
assumed by the regional office |
| 16 | | of education advisory board.
|
| 17 | | Districts providing inservice training programs shall |
| 18 | | constitute inservice
committees, 1/2 of which shall be |
| 19 | | teachers, 1/4 school service personnel
and 1/4 administrators |
| 20 | | to establish program content and schedules.
|
| 21 | | The teachers institutes shall include teacher training |
| 22 | | committed to (i)
peer counseling programs and other |
| 23 | | anti-violence and conflict
resolution programs, including |
| 24 | | without limitation programs for preventing at
risk students |
| 25 | | from committing violent acts, and (ii) educator ethics and |
| 26 | | teacher-student conduct. Beginning with the 2009-2010 school |
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| 1 | | year, the teachers institutes shall include instruction on |
| 2 | | prevalent student chronic health conditions.
|
| 3 | | (Source: P.A. 96-431, eff. 8-13-09; 97-525, eff. 1-1-12.)
|
| 4 | | (105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6)
|
| 5 | | Sec. 3-15.6. Additional employees. To employ, with the |
| 6 | | approval of the
county board, such additional employees as are |
| 7 | | needed for the discharge of
the duties of the office. The |
| 8 | | non-clerical employees shall be persons
versed in the |
| 9 | | principles and methods of education, familiar with public
|
| 10 | | school work, competent to visit schools, and licensed |
| 11 | | certificated pursuant to this
Code if their duties are |
| 12 | | comparable to those for which licensure certification is
|
| 13 | | required by this Code.
|
| 14 | | On and after July 1, 1994, the provisions of this Section |
| 15 | | shall have
no application in any educational service region |
| 16 | | having a population of
2,000,000 or more inhabitants.
|
| 17 | | (Source: P.A. 86-361; 87-654; 87-1251.)
|
| 18 | | (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
|
| 19 | | Sec. 3-15.10. Assistant Regional Superintendent. To |
| 20 | | employ, in counties or
regions of 2,000,000 inhabitants or |
| 21 | | less, in addition to any assistants
authorized to be employed |
| 22 | | with the approval of the county board, an assistant
regional |
| 23 | | superintendent of schools, who shall be a person of good |
| 24 | | attainment,
versed in the principles and methods of education, |
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| 1 | | and qualified to teach and
supervise schools under Article 21B |
| 2 | | of this Code 21 of this Act; to fix the term of such
assistant; |
| 3 | | and to direct his work and define his duties. On the effective |
| 4 | | date of this amendatory Act of the 96th General Assembly, in |
| 5 | | regions established
within that portion of a Class II county |
| 6 | | school unit outside of a city of 500,000 or more
inhabitants, |
| 7 | | the employment of all persons serving as assistant county or |
| 8 | | regional superintendents of schools is terminated, the |
| 9 | | position of assistant regional superintendent of schools in |
| 10 | | each such region is abolished, and this Section shall, |
| 11 | | beginning on the effective date of this amendatory Act of the |
| 12 | | 96th General Assembly, have no further application in the |
| 13 | | educational service region. Assistant regional superintendents |
| 14 | | shall each be a
person of good attainment, versed in the |
| 15 | | principles and methods of education,
and qualified to teach and |
| 16 | | supervise schools under Article 21B of this Code 21 of this |
| 17 | | Act. The
work of such assistant regional superintendent shall |
| 18 | | be so arranged and
directed that the county or regional |
| 19 | | superintendent and assistant
superintendent, together, shall |
| 20 | | devote an amount of time during the school
year, equal to at |
| 21 | | least the full time of one individual, to the supervision of
|
| 22 | | schools and of teaching in the schools of the county.
|
| 23 | | A regional superintendent of schools shall not employ his |
| 24 | | or her spouse,
child, stepchild, or
relative as an assistant |
| 25 | | regional superintendent of schools.
By September 1 each year, a |
| 26 | | regional superintendent shall certify to the State
Board of |
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| 1 | | Education
that he or she
has complied with this paragraph.
If |
| 2 | | the State Board of Education becomes aware of the fact that a |
| 3 | | regional
superintendent is employing his or her spouse, child, |
| 4 | | stepchild, or relative as
an assistant regional |
| 5 | | superintendent, the State Board of Education shall report this |
| 6 | | information to the Governor and the Comptroller, and the State |
| 7 | | Board of Education shall not
request for payment from the State |
| 8 | | Comptroller any warrants for the payment of
the assistant |
| 9 | | regional superintendent's salary or other employment-related |
| 10 | | compensation or benefits. In this paragraph, "relative"
means a |
| 11 | | grandparent, parent, aunt, uncle, sibling, first cousin, |
| 12 | | nephew, niece,
grandchild, or spouse of one of these persons. |
| 13 | | This paragraph applies only to
contracts for employment entered |
| 14 | | into on or after the effective date of this
amendatory Act of |
| 15 | | the 91st General Assembly.
|
| 16 | | (Source: P.A. 96-893, eff. 7-1-10; 97-619, eff. 11-14-11.)
|
| 17 | | (105 ILCS 5/3-15.17) |
| 18 | | Sec. 3-15.17. Civic education advancement. |
| 19 | | (a) The General Assembly finds that civic education and |
| 20 | | participation are fundamental elements of a healthy democracy, |
| 21 | | and schools are in need of support to identify civic learning |
| 22 | | opportunities and to implement new strategies to prepare and |
| 23 | | sustain high quality citizenship among their student body. |
| 24 | | (b) Subject to appropriation, funding for civic education |
| 25 | | professional development for high school teachers must be |
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| 1 | | provided by line item appropriation made to the State Board of |
| 2 | | Education for that purpose. When appropriated, the State Board |
| 3 | | of Education must provide this funding to each regional |
| 4 | | superintendent of schools based on high school enrollment as |
| 5 | | reported on the State Board of Education's most recent fall |
| 6 | | enrollment and housing report, except that 20% of each annual |
| 7 | | appropriation must be reserved for a school district organized |
| 8 | | under Article 34 of this Code. |
| 9 | | (c) In order to establish eligibility for one or more of |
| 10 | | its schools to receive funding under this Section, a school |
| 11 | | district shall submit to its regional superintendent of schools |
| 12 | | an application, accompanied by a completed civic audit, for |
| 13 | | each school. A regional superintendent shall award funds to a |
| 14 | | district based on the number of teachers identified by the |
| 15 | | district to receive professional development multiplied by |
| 16 | | $250. A district must not be awarded more than $3,000 in any |
| 17 | | year, unless additional funds remain available after all |
| 18 | | eligible applicants have received funding. A district may not |
| 19 | | use funds authorized under this Section in any school more than |
| 20 | | once every 2 years. Funds provided under this Section must be |
| 21 | | used exclusively for professional development provided by |
| 22 | | entities that are approved providers for purposes of license |
| 23 | | certificate renewal under Section 21B-45 21-14 of this Code. |
| 24 | | (d) The civic audit form and its content must be designed |
| 25 | | and updated as deemed necessary by the Illinois Civic Mission |
| 26 | | Coalition. Data from completed civic audits must be processed |
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| 1 | | by the Illinois Civic Mission Coalition. The civic audit must |
| 2 | | be made available by the Illinois Civic Mission Coalition and |
| 3 | | must be designed to provide teachers and principals with a |
| 4 | | blueprint to better understand how current curriculum, service |
| 5 | | learning, and extracurricular activities are providing civic |
| 6 | | learning experiences for their students.
|
| 7 | | (Source: P.A. 95-225, eff. 8-16-07.)
|
| 8 | | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
|
| 9 | | Sec. 10-17a. State, school district, and school report |
| 10 | | cards.
|
| 11 | | (1) By October 31, 2013 and October 31 of each subsequent |
| 12 | | school year, the State Board of Education, through the State |
| 13 | | Superintendent of Education, shall prepare a State report card, |
| 14 | | school district report cards, and school report cards, and |
| 15 | | shall by the most economic means provide to each school
|
| 16 | | district in this State, including special charter districts and |
| 17 | | districts
subject to the provisions of Article 34, the report |
| 18 | | cards for the school district and each of its schools. |
| 19 | | (2) In addition to any information required by federal law, |
| 20 | | the State Superintendent shall determine the indicators and |
| 21 | | presentation of the school report card, which must include, at |
| 22 | | a minimum, the most current data possessed by the State Board |
| 23 | | of Education related to the following: |
| 24 | | (A) school characteristics and student demographics, |
| 25 | | including average class size, average teaching experience, |
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| 1 | | student racial/ethnic breakdown, and the percentage of |
| 2 | | students classified as low-income; the percentage of |
| 3 | | students classified as limited English learners |
| 4 | | proficiency; the percentage of students who have |
| 5 | | individualized education plans or 504 plans that provide |
| 6 | | for special education services; the percentage of students |
| 7 | | who annually transferred in or out of the school district; |
| 8 | | the per-pupil operating expenditure of the school |
| 9 | | district; and the per-pupil State average operating |
| 10 | | expenditure for the district type (elementary, high |
| 11 | | school, or unit); |
| 12 | | (B) curriculum information, including, where |
| 13 | | applicable, Advanced Placement, International |
| 14 | | Baccalaureate or equivalent courses, dual enrollment |
| 15 | | courses, foreign language classes, school personnel |
| 16 | | resources (including Career Technical Education teachers), |
| 17 | | before and after school programs, extracurricular |
| 18 | | activities, subjects in which elective classes are |
| 19 | | offered, health and wellness initiatives (including the |
| 20 | | average number of days of Physical Education per week per |
| 21 | | student), approved programs of study, awards received, |
| 22 | | community partnerships, and special programs such as |
| 23 | | programming for the gifted and talented, students with |
| 24 | | disabilities, and work-study students; |
| 25 | | (C) student outcomes, including, where applicable, the |
| 26 | | percentage of students meeting as well as exceeding State |
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| 1 | | standards on assessments, the percentage of students in the |
| 2 | | eighth grade who pass Algebra, the percentage of students |
| 3 | | enrolled in post-secondary institutions (including |
| 4 | | colleges, universities, community colleges, |
| 5 | | trade/vocational schools, and training programs leading to |
| 6 | | career certification within 2 semesters of high school |
| 7 | | graduation), the percentage of students graduating from |
| 8 | | high school who are college ready, the percentage of |
| 9 | | students graduating from high school who are career ready, |
| 10 | | and the percentage of graduates enrolled in community |
| 11 | | colleges, colleges, and universities who are in one or more |
| 12 | | courses that the community college, college, or university |
| 13 | | identifies as a remedial course; |
| 14 | | (D) student progress, including, where applicable, the |
| 15 | | percentage of students in the ninth grade who have earned 5 |
| 16 | | credits or more without failing more than one core class, a |
| 17 | | measure of students entering kindergarten ready to learn, a |
| 18 | | measure of growth, and the percentage of students who enter |
| 19 | | high school on track for college and career readiness; and |
| 20 | | (E) the school environment, including, where |
| 21 | | applicable, the percentage of students with less than 10 |
| 22 | | absences in a school year, the percentage of teachers with |
| 23 | | less than 10 absences in a school year for reasons other |
| 24 | | than professional development, leaves taken pursuant to |
| 25 | | the federal Family Medical Leave Act of 1993, long-term |
| 26 | | disability, or parental leaves, the 3-year average of the |
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| 1 | | percentage of teachers returning to the school from the |
| 2 | | previous year, the number of different principals at the |
| 3 | | school in the last 6 years, 2 or more indicators from any |
| 4 | | school climate survey selected or approved by the State and |
| 5 | | administered pursuant to Section 2-3.153 of this Code, with |
| 6 | | the same or similar indicators included on school report |
| 7 | | cards for all surveys selected or approved by the State |
| 8 | | pursuant to Section 2-3.153 of this Code, and the combined |
| 9 | | percentage of teachers rated as proficient or excellent in |
| 10 | | their most recent evaluation. |
| 11 | | The school report card shall also provide
information that |
| 12 | | allows for comparing the current outcome, progress, and |
| 13 | | environment data to the State average, to the school data from |
| 14 | | the past 5 years, and to the outcomes, progress, and |
| 15 | | environment of similar schools based on the type of school and |
| 16 | | enrollment of low-income students, special education students, |
| 17 | | and limited English learners proficiency students.
|
| 18 | | (3) At the discretion of the State Superintendent, the |
| 19 | | school district report card shall include a subset of the |
| 20 | | information identified in paragraphs (A) through (E) of |
| 21 | | subsection (2) of this Section, as well as information relating |
| 22 | | to the operating expense per pupil and other finances of the |
| 23 | | school district, and the State report card shall include a |
| 24 | | subset of the information identified in paragraphs (A) through |
| 25 | | (E) of subsection (2) of this Section. |
| 26 | | (4) Notwithstanding anything to the contrary in this |
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| 1 | | Section, in consultation with key education stakeholders, the |
| 2 | | State Superintendent shall at any time have the discretion to |
| 3 | | amend or update any and all metrics on the school, district, or |
| 4 | | State report card. |
| 5 | | (5) Annually, no more than 30 calendar days after receipt |
| 6 | | of the school district and school report cards from the State |
| 7 | | Superintendent of Education, each school district, including |
| 8 | | special charter districts and districts subject to the |
| 9 | | provisions of Article 34, shall present such report
cards at a |
| 10 | | regular school board meeting subject to
applicable notice |
| 11 | | requirements, post the report cards
on the
school district's |
| 12 | | Internet web site, if the district maintains an Internet web
|
| 13 | | site, make the report cards
available
to a newspaper of general |
| 14 | | circulation serving the district, and, upon
request, send the |
| 15 | | report cards
home to a parent (unless the district does not |
| 16 | | maintain an Internet web site,
in which case
the report card |
| 17 | | shall be sent home to parents without request). If the
district |
| 18 | | posts the report card on its Internet web
site, the district
|
| 19 | | shall send a
written notice home to parents stating (i) that |
| 20 | | the report card is available on
the web site,
(ii) the address |
| 21 | | of the web site, (iii) that a printed copy of the report card
|
| 22 | | will be sent to
parents upon request, and (iv) the telephone |
| 23 | | number that parents may
call to
request a printed copy of the |
| 24 | | report card.
|
| 25 | | (6) Nothing contained in this amendatory Act of the 98th |
| 26 | | General Assembly repeals, supersedes, invalidates, or |
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| 1 | | nullifies final decisions in lawsuits pending on the effective |
| 2 | | date of this amendatory Act of the 98th General Assembly in |
| 3 | | Illinois courts involving the interpretation of Public Act |
| 4 | | 97-8. |
| 5 | | (Source: P.A. 97-671, eff. 1-24-12; 98-463, eff. 8-16-13; |
| 6 | | 98-648, eff. 7-1-14.)
|
| 7 | | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
|
| 8 | | Sec. 14-8.02. Identification, Evaluation and Placement of |
| 9 | | Children.
|
| 10 | | (a) The State Board of Education shall make rules under |
| 11 | | which local school
boards shall determine the eligibility of |
| 12 | | children to receive special
education. Such rules shall ensure |
| 13 | | that a free appropriate public
education be available to all |
| 14 | | children with disabilities as
defined in
Section 14-1.02. The |
| 15 | | State Board of Education shall require local school
districts |
| 16 | | to administer non-discriminatory procedures or tests to
|
| 17 | | limited English learners proficiency students coming from |
| 18 | | homes in which a language
other than English is used to |
| 19 | | determine their eligibility to receive special
education. The |
| 20 | | placement of low English proficiency students in special
|
| 21 | | education programs and facilities shall be made in accordance |
| 22 | | with the test
results reflecting the student's linguistic, |
| 23 | | cultural and special education
needs. For purposes of |
| 24 | | determining the eligibility of children the State
Board of |
| 25 | | Education shall include in the rules definitions of "case |
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| 1 | | study",
"staff conference", "individualized educational |
| 2 | | program", and "qualified
specialist" appropriate to each |
| 3 | | category of children with
disabilities as defined in
this |
| 4 | | Article. For purposes of determining the eligibility of |
| 5 | | children from
homes in which a language other than English is |
| 6 | | used, the State Board of
Education shall include in the rules
|
| 7 | | definitions for "qualified bilingual specialists" and |
| 8 | | "linguistically and
culturally appropriate individualized |
| 9 | | educational programs". For purposes of this
Section, as well as |
| 10 | | Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
|
| 11 | | "parent" means a parent as defined in the federal Individuals |
| 12 | | with Disabilities Education Act (20 U.S.C. 1401(23)).
|
| 13 | | (b) No child shall be eligible for special education |
| 14 | | facilities except
with a carefully completed case study fully |
| 15 | | reviewed by professional
personnel in a multidisciplinary |
| 16 | | staff conference and only upon the
recommendation of qualified |
| 17 | | specialists or a qualified bilingual specialist, if
available. |
| 18 | | At the conclusion of the multidisciplinary staff conference, |
| 19 | | the
parent of the child shall be given a copy of the |
| 20 | | multidisciplinary
conference summary report and |
| 21 | | recommendations, which includes options
considered, and be |
| 22 | | informed of their right to obtain an independent educational
|
| 23 | | evaluation if they disagree with the evaluation findings |
| 24 | | conducted or obtained
by the school district. If the school |
| 25 | | district's evaluation is shown to be
inappropriate, the school |
| 26 | | district shall reimburse the parent for the cost of
the |
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| 1 | | independent evaluation. The State Board of Education shall, |
| 2 | | with advice
from the State Advisory Council on Education of |
| 3 | | Children with
Disabilities on the
inclusion of specific |
| 4 | | independent educational evaluators, prepare a list of
|
| 5 | | suggested independent educational evaluators. The State Board |
| 6 | | of Education
shall include on the list clinical psychologists |
| 7 | | licensed pursuant to the
Clinical Psychologist Licensing Act. |
| 8 | | Such psychologists shall not be paid fees
in excess of the |
| 9 | | amount that would be received by a school psychologist for
|
| 10 | | performing the same services. The State Board of Education |
| 11 | | shall supply school
districts with such list and make the list |
| 12 | | available to parents at their
request. School districts shall |
| 13 | | make the list available to parents at the time
they are |
| 14 | | informed of their right to obtain an independent educational
|
| 15 | | evaluation. However, the school district may initiate an |
| 16 | | impartial
due process hearing under this Section within 5 days |
| 17 | | of any written parent
request for an independent educational |
| 18 | | evaluation to show that
its evaluation is appropriate. If the |
| 19 | | final decision is that the evaluation
is appropriate, the |
| 20 | | parent still has a right to an independent educational
|
| 21 | | evaluation, but not at public expense. An independent |
| 22 | | educational
evaluation at public expense must be completed |
| 23 | | within 30 days of a parent
written request unless the school |
| 24 | | district initiates an
impartial due process hearing or the |
| 25 | | parent or school district
offers reasonable grounds to show |
| 26 | | that such 30 day time period should be
extended. If the due |
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| 1 | | process hearing decision indicates that the parent is entitled |
| 2 | | to an independent educational evaluation, it must be
completed |
| 3 | | within 30 days of the decision unless the parent or
the school |
| 4 | | district offers reasonable grounds to show that such 30 day
|
| 5 | | period should be extended. If a parent disagrees with the |
| 6 | | summary report or
recommendations of the multidisciplinary |
| 7 | | conference or the findings of any
educational evaluation which |
| 8 | | results therefrom, the school
district shall not proceed with a |
| 9 | | placement based upon such evaluation and
the child shall remain |
| 10 | | in his or her regular classroom setting.
No child shall be |
| 11 | | eligible for admission to a
special class for the educable |
| 12 | | mentally disabled or for the
trainable
mentally disabled except |
| 13 | | with a psychological evaluation
and
recommendation by a school |
| 14 | | psychologist. Consent shall be obtained from
the parent of a |
| 15 | | child before any evaluation is conducted.
If consent is not |
| 16 | | given by the parent or if the parent disagrees with the |
| 17 | | findings of the evaluation, then the school
district may |
| 18 | | initiate an impartial due process hearing under this Section.
|
| 19 | | The school district may evaluate the child if that is the |
| 20 | | decision
resulting from the impartial due process hearing and |
| 21 | | the decision is not
appealed or if the decision is affirmed on |
| 22 | | appeal.
The determination of eligibility shall be made and the |
| 23 | | IEP meeting shall be completed within 60 school days
from the |
| 24 | | date of written parental consent. In those instances when |
| 25 | | written parental consent is obtained with fewer than 60 pupil |
| 26 | | attendance days left in the school year,
the eligibility |
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| 1 | | determination shall be made and the IEP meeting shall be |
| 2 | | completed prior to the first day of the
following school year. |
| 3 | | Special education and related services must be provided in |
| 4 | | accordance with the student's IEP no later than 10 school |
| 5 | | attendance days after notice is provided to the parents |
| 6 | | pursuant to Section 300.503 of Title 34 of the Code of Federal |
| 7 | | Regulations and implementing rules adopted by the State Board |
| 8 | | of Education. The appropriate
program pursuant to the |
| 9 | | individualized educational program of students
whose native |
| 10 | | tongue is a language other than English shall reflect the
|
| 11 | | special education, cultural and linguistic needs. No later than |
| 12 | | September
1, 1993, the State Board of Education shall establish |
| 13 | | standards for the
development, implementation and monitoring |
| 14 | | of appropriate bilingual special
individualized educational |
| 15 | | programs. The State Board of Education shall
further |
| 16 | | incorporate appropriate monitoring procedures to verify |
| 17 | | implementation
of these standards. The district shall indicate |
| 18 | | to the parent and
the State Board of Education the nature of |
| 19 | | the services the child will receive
for the regular school term |
| 20 | | while waiting placement in the appropriate special
education |
| 21 | | class.
|
| 22 | | If the child is deaf, hard of hearing, blind, or visually |
| 23 | | impaired and
he or she might be eligible to receive services |
| 24 | | from the Illinois School for
the Deaf or the Illinois School |
| 25 | | for the Visually Impaired, the school
district shall notify the |
| 26 | | parents, in writing, of the existence of
these schools
and the |
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| 1 | | services
they provide and shall make a reasonable effort to |
| 2 | | inform the parents of the existence of other, local schools |
| 3 | | that provide similar services and the services that these other |
| 4 | | schools provide. This notification
shall
include without |
| 5 | | limitation information on school services, school
admissions |
| 6 | | criteria, and school contact information.
|
| 7 | | In the development of the individualized education program |
| 8 | | for a student who has a disability on the autism spectrum |
| 9 | | (which includes autistic disorder, Asperger's disorder, |
| 10 | | pervasive developmental disorder not otherwise specified, |
| 11 | | childhood disintegrative disorder, and Rett Syndrome, as |
| 12 | | defined in the Diagnostic and Statistical Manual of Mental |
| 13 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall |
| 14 | | consider all of the following factors: |
| 15 | | (1) The verbal and nonverbal communication needs of the |
| 16 | | child. |
| 17 | | (2) The need to develop social interaction skills and |
| 18 | | proficiencies. |
| 19 | | (3) The needs resulting from the child's unusual |
| 20 | | responses to sensory experiences. |
| 21 | | (4) The needs resulting from resistance to |
| 22 | | environmental change or change in daily routines. |
| 23 | | (5) The needs resulting from engagement in repetitive |
| 24 | | activities and stereotyped movements. |
| 25 | | (6) The need for any positive behavioral |
| 26 | | interventions, strategies, and supports to address any |
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| 1 | | behavioral difficulties resulting from autism spectrum |
| 2 | | disorder. |
| 3 | | (7) Other needs resulting from the child's disability |
| 4 | | that impact progress in the general curriculum, including |
| 5 | | social and emotional development. |
| 6 | | Public Act 95-257
does not create any new entitlement to a |
| 7 | | service, program, or benefit, but must not affect any |
| 8 | | entitlement to a service, program, or benefit created by any |
| 9 | | other law.
|
| 10 | | If the student may be eligible to participate in the |
| 11 | | Home-Based Support
Services Program for Mentally Disabled |
| 12 | | Adults authorized under the
Developmental Disability and |
| 13 | | Mental Disability Services Act upon becoming an
adult, the |
| 14 | | student's individualized education program shall include plans |
| 15 | | for
(i) determining the student's eligibility for those |
| 16 | | home-based services, (ii)
enrolling the student in the program |
| 17 | | of home-based services, and (iii)
developing a plan for the |
| 18 | | student's most effective use of the home-based
services after |
| 19 | | the student becomes an adult and no longer receives special
|
| 20 | | educational services under this Article. The plans developed |
| 21 | | under this
paragraph shall include specific actions to be taken |
| 22 | | by specified individuals,
agencies, or officials.
|
| 23 | | (c) In the development of the individualized education |
| 24 | | program for a
student who is functionally blind, it shall be |
| 25 | | presumed that proficiency in
Braille reading and writing is |
| 26 | | essential for the student's satisfactory
educational progress. |
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| 1 | | For purposes of this subsection, the State Board of
Education |
| 2 | | shall determine the criteria for a student to be classified as
|
| 3 | | functionally blind. Students who are not currently identified |
| 4 | | as
functionally blind who are also entitled to Braille |
| 5 | | instruction include:
(i) those whose vision loss is so severe |
| 6 | | that they are unable to read and
write at a level comparable to |
| 7 | | their peers solely through the use of
vision, and (ii) those |
| 8 | | who show evidence of progressive vision loss that
may result in |
| 9 | | functional blindness. Each student who is functionally blind
|
| 10 | | shall be entitled to Braille reading and writing instruction |
| 11 | | that is
sufficient to enable the student to communicate with |
| 12 | | the same level of
proficiency as other students of comparable |
| 13 | | ability. Instruction should be
provided to the extent that the |
| 14 | | student is physically and cognitively able
to use Braille. |
| 15 | | Braille instruction may be used in combination with other
|
| 16 | | special education services appropriate to the student's |
| 17 | | educational needs.
The assessment of each student who is |
| 18 | | functionally blind for the purpose of
developing the student's |
| 19 | | individualized education program shall include
documentation |
| 20 | | of the student's strengths and weaknesses in Braille skills.
|
| 21 | | Each person assisting in the development of the individualized |
| 22 | | education
program for a student who is functionally blind shall |
| 23 | | receive information
describing the benefits of Braille |
| 24 | | instruction. The individualized
education program for each |
| 25 | | student who is functionally blind shall
specify the appropriate |
| 26 | | learning medium or media based on the assessment
report.
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| 1 | | (d) To the maximum extent appropriate, the placement shall |
| 2 | | provide the
child with the opportunity to be educated with |
| 3 | | children who are not
disabled; provided that children with
|
| 4 | | disabilities who are recommended to be
placed into regular |
| 5 | | education classrooms are provided with supplementary
services |
| 6 | | to assist the children with disabilities to benefit
from the |
| 7 | | regular
classroom instruction and are included on the teacher's |
| 8 | | regular education class
register. Subject to the limitation of |
| 9 | | the preceding sentence, placement in
special classes, separate |
| 10 | | schools or other removal of the disabled child
from the regular |
| 11 | | educational environment shall occur only when the nature of
the |
| 12 | | severity of the disability is such that education in the
|
| 13 | | regular classes with
the use of supplementary aids and services |
| 14 | | cannot be achieved satisfactorily.
The placement of limited |
| 15 | | English learners proficiency students with disabilities shall
|
| 16 | | be in non-restrictive environments which provide for |
| 17 | | integration with
non-disabled peers in bilingual classrooms. |
| 18 | | Annually, each January, school districts shall report data on |
| 19 | | students from non-English
speaking backgrounds receiving |
| 20 | | special education and related services in
public and private |
| 21 | | facilities as prescribed in Section 2-3.30. If there
is a |
| 22 | | disagreement between parties involved regarding the special |
| 23 | | education
placement of any child, either in-state or |
| 24 | | out-of-state, the placement is
subject to impartial due process |
| 25 | | procedures described in Article 10 of the
Rules and Regulations |
| 26 | | to Govern the Administration and Operation of Special
|
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| 1 | | Education.
|
| 2 | | (e) No child who comes from a home in which a language |
| 3 | | other than English
is the principal language used may be |
| 4 | | assigned to any class or program
under this Article until he |
| 5 | | has been given, in the principal language
used by the child and |
| 6 | | used in his home, tests reasonably related to his
cultural |
| 7 | | environment. All testing and evaluation materials and |
| 8 | | procedures
utilized for evaluation and placement shall not be |
| 9 | | linguistically, racially or
culturally discriminatory.
|
| 10 | | (f) Nothing in this Article shall be construed to require |
| 11 | | any child to
undergo any physical examination or medical |
| 12 | | treatment whose parents object thereto on the grounds that such |
| 13 | | examination or
treatment conflicts with his religious beliefs.
|
| 14 | | (g) School boards or their designee shall provide to the |
| 15 | | parents of a child prior written notice of any decision (a) |
| 16 | | proposing
to initiate or change, or (b) refusing to initiate or |
| 17 | | change, the
identification, evaluation, or educational |
| 18 | | placement of the child or the
provision of a free appropriate |
| 19 | | public education to their child, and the
reasons therefor. Such |
| 20 | | written notification shall also inform the
parent of the |
| 21 | | opportunity to present complaints with respect
to any matter |
| 22 | | relating to the educational placement of the student, or
the |
| 23 | | provision of a free appropriate public education and to have an
|
| 24 | | impartial due process hearing on the complaint. The notice |
| 25 | | shall inform
the parents in the parents' native language,
|
| 26 | | unless it is clearly not feasible to do so, of their rights and |
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| 1 | | all
procedures available pursuant to this Act and the federal |
| 2 | | Individuals with Disabilities Education Improvement Act of |
| 3 | | 2004 (Public Law 108-446); it
shall be the responsibility of |
| 4 | | the State Superintendent to develop
uniform notices setting |
| 5 | | forth the procedures available under this Act
and the federal |
| 6 | | Individuals with Disabilities Education Improvement Act of |
| 7 | | 2004 (Public Law 108-446) to be used by all school boards. The |
| 8 | | notice
shall also inform the parents of the availability upon
|
| 9 | | request of a list of free or low-cost legal and other relevant |
| 10 | | services
available locally to assist parents in initiating an
|
| 11 | | impartial due process hearing. Any parent who is deaf, or
does |
| 12 | | not normally communicate using spoken English, who |
| 13 | | participates in
a meeting with a representative of a local |
| 14 | | educational agency for the
purposes of developing an |
| 15 | | individualized educational program shall be
entitled to the |
| 16 | | services of an interpreter.
|
| 17 | | (g-5) For purposes of this subsection (g-5), "qualified |
| 18 | | professional" means an individual who holds credentials to |
| 19 | | evaluate the child in the domain or domains for which an |
| 20 | | evaluation is sought or an intern working under the direct |
| 21 | | supervision of a qualified professional, including a master's |
| 22 | | or doctoral degree candidate. |
| 23 | | To ensure that a parent can participate fully and |
| 24 | | effectively with school personnel in the development of |
| 25 | | appropriate educational and related services for his or her |
| 26 | | child, the parent, an independent educational evaluator, or a |
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| 1 | | qualified professional retained by or on behalf of a parent or |
| 2 | | child must be afforded reasonable access to educational |
| 3 | | facilities, personnel, classrooms, and buildings and to the |
| 4 | | child as provided in this subsection (g-5). The requirements of |
| 5 | | this subsection (g-5) apply to any public school facility, |
| 6 | | building, or program and to any facility, building, or program |
| 7 | | supported in whole or in part by public funds. Prior to |
| 8 | | visiting a school, school building, or school facility, the |
| 9 | | parent, independent educational evaluator, or qualified |
| 10 | | professional may be required by the school district to inform |
| 11 | | the building principal or supervisor in writing of the proposed |
| 12 | | visit, the purpose of the visit, and the approximate duration |
| 13 | | of the visit. The visitor and the school district shall arrange |
| 14 | | the visit or visits at times that are mutually agreeable. |
| 15 | | Visitors shall comply with school safety, security, and |
| 16 | | visitation policies at all times. School district visitation |
| 17 | | policies must not conflict with this subsection (g-5). Visitors |
| 18 | | shall be required to comply with the requirements of applicable |
| 19 | | privacy laws, including those laws protecting the |
| 20 | | confidentiality of education records such as the federal Family |
| 21 | | Educational Rights and Privacy Act and the Illinois School |
| 22 | | Student Records Act. The visitor shall not disrupt the |
| 23 | | educational process. |
| 24 | | (1) A parent must be afforded reasonable access of |
| 25 | | sufficient duration and scope for the purpose of observing |
| 26 | | his or her child in the child's current educational |
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| 1 | | placement, services, or program or for the purpose of |
| 2 | | visiting an educational placement or program proposed for |
| 3 | | the child. |
| 4 | | (2) An independent educational evaluator or a |
| 5 | | qualified professional retained by or on behalf of a parent |
| 6 | | or child must be afforded reasonable access of sufficient |
| 7 | | duration and scope for the purpose of conducting an |
| 8 | | evaluation of the child, the child's performance, the |
| 9 | | child's current educational program, placement, services, |
| 10 | | or environment, or any educational program, placement, |
| 11 | | services, or environment proposed for the child, including |
| 12 | | interviews of educational personnel, child observations, |
| 13 | | assessments, tests or assessments of the child's |
| 14 | | educational program, services, or placement or of any |
| 15 | | proposed educational program, services, or placement. If |
| 16 | | one or more interviews of school personnel are part of the |
| 17 | | evaluation, the interviews must be conducted at a mutually |
| 18 | | agreed upon time, date, and place that do not interfere |
| 19 | | with the school employee's school duties. The school |
| 20 | | district may limit interviews to personnel having |
| 21 | | information relevant to the child's current educational |
| 22 | | services, program, or placement or to a proposed |
| 23 | | educational service, program, or placement. |
| 24 | | (h) (Blank).
|
| 25 | | (i) (Blank).
|
| 26 | | (j) (Blank).
|
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| 1 | | (k) (Blank).
|
| 2 | | (l) (Blank).
|
| 3 | | (m) (Blank).
|
| 4 | | (n) (Blank).
|
| 5 | | (o) (Blank).
|
| 6 | | (Source: P.A. 98-219, eff. 8-9-13.)
|
| 7 | | (105 ILCS 5/14-9.01) (from Ch. 122, par. 14-9.01)
|
| 8 | | Sec. 14-9.01.
Qualifications of teachers, other |
| 9 | | professional personnel
and necessary workers. No person shall |
| 10 | | be employed to teach any class or
program authorized by this |
| 11 | | Article who does not hold a valid teacher's
license certificate |
| 12 | | as provided by law and unless he has had such special training
|
| 13 | | as the State Board of Education may require. No special license |
| 14 | | certificate or
endorsement to a special license certificate |
| 15 | | issued under Section 21B-30 of this Code Section 21-4 on
or |
| 16 | | after July 1, 1994, shall be valid for teaching students with |
| 17 | | visual
disabilities unless the person to whom the license |
| 18 | | certificate or endorsement is issued
has attained satisfactory |
| 19 | | performance on an examination that is designed to
assess |
| 20 | | competency in Braille reading and writing skills according to |
| 21 | | standards
that the State Board of Education may adopt. Evidence |
| 22 | | of successfully
completing the examination of Braille reading |
| 23 | | and writing skills must be
submitted to the State Board of |
| 24 | | Education prior to an applicant's taking examination
of the |
| 25 | | content area subject matter knowledge test required under |
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| 1 | | Section 21B-30 of this Code Section 21-1a. In Beginning
July 1, |
| 2 | | 1995, in addition to other requirements, a candidate for a |
| 3 | | teaching
license certification in the area of the deaf and hard |
| 4 | | of hearing granted by the
Illinois State Board of Education for |
| 5 | | teaching deaf and hard of hearing
students in grades pre-school |
| 6 | | through grade 12 must demonstrate a minimum
proficiency in sign |
| 7 | | language as determined by the Illinois State Board of
|
| 8 | | Education. All other professional personnel employed in any |
| 9 | | class, service,
or program authorized by this Article shall |
| 10 | | hold such licenses certificates and shall
have had such special |
| 11 | | training as the State Board of Education may require;
provided |
| 12 | | that in a school district organized under Article 34, the |
| 13 | | school
district may employ speech and language pathologists who |
| 14 | | are licensed under the
Illinois Speech-Language Pathology and |
| 15 | | Audiology Practice Act but who do not
hold a license |
| 16 | | certificate issued under this the School Code if the district |
| 17 | | certifies that
a chronic shortage of certified personnel |
| 18 | | exists. Nothing contained in this
Act prohibits the school |
| 19 | | board from employing necessary workers to assist the
teacher |
| 20 | | with the special educational facilities, except that all such |
| 21 | | necessary
workers must have had such training as the State |
| 22 | | Board of Education may
require.
|
| 23 | | No later than January 1, 1993, the State Board of Education |
| 24 | | shall develop,
in consultation with the Advisory Council on the |
| 25 | | Education of Children with
Disabilities and the Advisory |
| 26 | | Council on Bilingual Education, rules governing
the |
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| 1 | | qualifications for certification of teachers and school |
| 2 | | service personnel
providing services to limited English |
| 3 | | learners proficient students receiving special
education and |
| 4 | | related services.
|
| 5 | | The employment of any teacher in a special education |
| 6 | | program provided
for in Sections 14-1.01 to 14-14.01, |
| 7 | | inclusive, shall be subject to
the provisions of Sections 24-11 |
| 8 | | to 24-16, inclusive. Any teacher
employed in a special |
| 9 | | education program, prior to the effective date of
this |
| 10 | | amendatory Act of 1987, in which 2 or more districts
|
| 11 | | participate shall enter upon contractual continued service in |
| 12 | | each of
the participating districts subject to the provisions |
| 13 | | of Sections 24-11
to 24-16, inclusive.
|
| 14 | | (Source: P.A. 92-651, eff. 7-11-02.)
|
| 15 | | (105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1) |
| 16 | | Sec. 14C-1. The General Assembly finds that there are large |
| 17 | | numbers of children in
this State who come from environments |
| 18 | | where the primary language is other
than English. Experience |
| 19 | | has shown that public school classes in which
instruction is |
| 20 | | given only in English are often inadequate for the education
of |
| 21 | | children whose native tongue is another language. The General |
| 22 | | Assembly
believes that a program of transitional bilingual |
| 23 | | education can meet the
needs of these children and facilitate |
| 24 | | their integration into the regular
public school curriculum. |
| 25 | | Therefore, pursuant to the policy of this State
to ensure |
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| 1 | | insure equal educational opportunity to every child, and in |
| 2 | | recognition
of the educational needs of English learners |
| 3 | | children of limited English-speaking ability, it is the purpose |
| 4 | | of this Act to provide for the establishment of
transitional |
| 5 | | bilingual education programs in the public schools, to
provide |
| 6 | | supplemental financial assistance to help local school |
| 7 | | districts
meet the extra costs of such programs, and to allow |
| 8 | | this State to directly or indirectly provide technical |
| 9 | | assistance and professional development to support |
| 10 | | transitional bilingual education programs statewide. |
| 11 | | (Source: P.A. 96-1423, eff. 8-3-10.)
|
| 12 | | (105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2)
|
| 13 | | Sec. 14C-2. Definitions. Unless the context indicates |
| 14 | | otherwise, the terms used in this
Article have the following |
| 15 | | meanings:
|
| 16 | | (a) "State Board" means the State Board of Education.
|
| 17 | | (b) "Certification Board" means the State Teacher |
| 18 | | Certification
Board.
|
| 19 | | (c) "School District" means any school district |
| 20 | | established under
this Code.
|
| 21 | | (d) "English learners" "Children of limited |
| 22 | | English-speaking ability" means (1)
all children in grades |
| 23 | | pre-K through 12 who were not born in the United States, whose |
| 24 | | native tongue is a
language other than English, and who are |
| 25 | | incapable of performing ordinary
classwork in English; and (2) |
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| 1 | | all children in grades pre-K through 12 who were born in the |
| 2 | | United
States of parents possessing no or limited |
| 3 | | English-speaking ability and
who are incapable of performing |
| 4 | | ordinary classwork in English.
|
| 5 | | (e) "Teacher of transitional bilingual education" means a |
| 6 | | teacher
with a speaking and reading ability in a language other |
| 7 | | than English in
which transitional bilingual education is |
| 8 | | offered and with communicative
skills in English.
|
| 9 | | (f) "Program in transitional bilingual education" means a |
| 10 | | full-time
program of instruction (1) in all those courses or |
| 11 | | subjects which a
child is required by law to receive and which |
| 12 | | are required by the
child's school district, which shall be |
| 13 | | given in the native language of
English learners the children |
| 14 | | of limited English-speaking ability who are enrolled in the
|
| 15 | | program and also in English, (2) in the reading and writing of |
| 16 | | the
native language of English learners the children of limited |
| 17 | | English-speaking ability who
are enrolled in the program and in |
| 18 | | the oral language (listening and speaking),
reading, and |
| 19 | | writing of English, and (3) in the history and culture of
the |
| 20 | | country, territory, or geographic area which is the native land |
| 21 | | of
the parents of English learners children of limited |
| 22 | | English-speaking ability who are
enrolled in the program and in |
| 23 | | the history and culture of the United
States; or a part-time |
| 24 | | program of instruction based on the educational
needs of those |
| 25 | | English learners children of limited English-speaking ability |
| 26 | | who do not
need a full-time program of instruction.
|
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| 1 | | (Source: P.A. 98-972, eff. 8-15-14.)
|
| 2 | | (105 ILCS 5/14C-3) (from Ch. 122, par. 14C-3)
|
| 3 | | Sec. 14C-3. Language classification of children; |
| 4 | | establishment of
program; period of participation; |
| 5 | | examination.
Each school district shall ascertain, not later |
| 6 | | than the first day of
March, under regulations prescribed by |
| 7 | | the State Board, the
number of English learners children of |
| 8 | | limited English-speaking ability within the school
district, |
| 9 | | and shall classify them according to the language of which
they |
| 10 | | possess a primary speaking ability, and their grade level, age |
| 11 | | or
achievement level.
|
| 12 | | When, at the beginning of any school year, there is within |
| 13 | | an
attendance center of a school district, not including |
| 14 | | children who are
enrolled in existing private school systems, |
| 15 | | 20 or more English learners children of
limited |
| 16 | | English-speaking ability in any such language classification,
|
| 17 | | the school district shall establish, for each classification, a |
| 18 | | program
in transitional bilingual education for the children |
| 19 | | therein. A school
district may establish a program in |
| 20 | | transitional
bilingual education with respect to any |
| 21 | | classification with less than 20
children therein, but should a |
| 22 | | school district decide not to establish
such a program, the |
| 23 | | school district shall provide a locally determined
|
| 24 | | transitional program of instruction which, based upon an
|
| 25 | | individual student language assessment, provides content area |
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| 1 | | instruction
in a language other than English to the extent
|
| 2 | | necessary to ensure that each student can benefit from |
| 3 | | educational
instruction and achieve an early and effective |
| 4 | | transition into the regular
school curriculum.
|
| 5 | | Every school-age English learner child of limited |
| 6 | | English-speaking ability not
enrolled in existing private |
| 7 | | school systems shall be enrolled and
participate in the program |
| 8 | | in transitional bilingual education
established for the |
| 9 | | classification to which he belongs by the school
district in |
| 10 | | which he resides for a period of 3 years or until such time
as |
| 11 | | he achieves a level of English language skills which will |
| 12 | | enable him
to perform successfully in classes in which |
| 13 | | instruction is given only in
English, whichever shall first |
| 14 | | occur.
|
| 15 | | An English learner A child of limited English-speaking |
| 16 | | ability enrolled in a program in
transitional bilingual |
| 17 | | education may, in the discretion of the school
district and |
| 18 | | subject to the approval of the child's parent or legal
|
| 19 | | guardian, continue in that program for a period longer than 3 |
| 20 | | years.
|
| 21 | | An examination in the oral language (listening and |
| 22 | | speaking), reading, and
writing of English, as prescribed by |
| 23 | | the State Board, shall
be administered annually to all English |
| 24 | | learners children of limited English-speaking
ability enrolled |
| 25 | | and participating in a program in transitional
bilingual |
| 26 | | education. No school district shall transfer an English learner |
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| 1 | | a child of
limited English-speaking ability out of a program in |
| 2 | | transitional
bilingual education prior to his third year of |
| 3 | | enrollment therein unless
the parents of the child approve the |
| 4 | | transfer in writing, and unless the
child has received a score |
| 5 | | on said examination which, in the
determination of the State |
| 6 | | Board, reflects a level of
English language skills appropriate |
| 7 | | to his or her grade level.
|
| 8 | | If later evidence suggests that a child so transferred is |
| 9 | | still
disabled by an inadequate command of English, he may be
|
| 10 | | re-enrolled
in the program for a length of time equal to that |
| 11 | | which remained at the
time he was transferred.
|
| 12 | | (Source: P.A. 98-972, eff. 8-15-14.)
|
| 13 | | (105 ILCS 5/14C-5) (from Ch. 122, par. 14C-5)
|
| 14 | | Sec. 14C-5. Nonresident children; enrollment and tuition; |
| 15 | | joint programs. A school district may allow a nonresident |
| 16 | | English learner child of limited
English-speaking ability to |
| 17 | | enroll in or attend its program in transitional
bilingual |
| 18 | | education, and the tuition for such a child shall be paid by |
| 19 | | the
district in which he resides.
|
| 20 | | Any school district may join with any other school district |
| 21 | | or districts
to provide the programs in transitional bilingual |
| 22 | | education required or
permitted by this Article.
|
| 23 | | (Source: P.A. 78-727.)
|
| 24 | | (105 ILCS 5/14C-7) (from Ch. 122, par. 14C-7)
|
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| 1 | | Sec. 14C-7. Participation in extracurricular activities of |
| 2 | | public schools. Instruction in courses of subjects included in |
| 3 | | a program of transitional
bilingual education which are not |
| 4 | | mandatory may be given in a language
other than English. In |
| 5 | | those courses or subjects in which verbalization is
not |
| 6 | | essential to an understanding of the subject matter, including |
| 7 | | but not
necessarily limited to art, music and physical |
| 8 | | education, English learners children of
limited |
| 9 | | English-speaking ability shall participate fully with their
|
| 10 | | English-speaking contemporaries in the regular public school |
| 11 | | classes
provided for said subjects. Each school district shall |
| 12 | | ensure to children
enrolled in a program in transitional |
| 13 | | bilingual education practical and
meaningful opportunity to |
| 14 | | participate fully in the extracurricular
activities of the |
| 15 | | regular public schools in the district.
|
| 16 | | (Source: P.A. 78-727.)
|
| 17 | | (105 ILCS 5/14C-9) (from Ch. 122, par. 14C-9)
|
| 18 | | Sec. 14C-9. Tenure; minimum salaries. Any person employed |
| 19 | | as a teacher of transitional bilingual education
whose teaching |
| 20 | | certificate was issued pursuant to Section
14C-8 (now repealed) |
| 21 | | of this Code Article shall have such employment credited to him |
| 22 | | or her for the
purposes of determining under the provisions of |
| 23 | | this Code eligibility to
enter upon contractual continued |
| 24 | | service; provided that such employment
immediately precedes |
| 25 | | and is consecutive with the year in which such person
becomes |
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| 1 | | certified under Article 21 of this Code or licensed under |
| 2 | | Article 21B of this Code.
|
| 3 | | For the purposes of determining the minimum salaries |
| 4 | | payable to persons
certified under Section 14C-8 (now repealed) |
| 5 | | of this Code Article, such
persons shall be deemed to have been |
| 6 | | trained at a recognized institution of
higher learning.
|
| 7 | | (Source: P.A. 82-597.)
|
| 8 | | (105 ILCS 5/14C-11) (from Ch. 122, par. 14C-11)
|
| 9 | | Sec. 14C-11. Preschool or summer school programs. A school |
| 10 | | district may establish, on a full or part-time basis, preschool
|
| 11 | | or summer school programs in transitional bilingual education |
| 12 | | for English learners children
of limited English-speaking |
| 13 | | ability or join with the other school districts
in establishing |
| 14 | | such preschool or summer programs. Preschool or summer
programs |
| 15 | | in transitional bilingual education shall not substitute for
|
| 16 | | programs in transitional bilingual education required to be |
| 17 | | provided during
the regular school year.
|
| 18 | | (Source: P.A. 78-727.)
|
| 19 | | (105 ILCS 5/27A-5)
|
| 20 | | Sec. 27A-5. Charter school; legal entity; requirements.
|
| 21 | | (a) A charter school shall be a public, nonsectarian, |
| 22 | | nonreligious, non-home
based, and non-profit school. A charter |
| 23 | | school shall be organized and operated
as a nonprofit |
| 24 | | corporation or other discrete, legal, nonprofit entity
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| 1 | | authorized under the laws of the State of Illinois.
|
| 2 | | (b) A charter school may be established under this Article |
| 3 | | by creating a new
school or by converting an existing public |
| 4 | | school or attendance center to
charter
school status.
Beginning |
| 5 | | on the effective date of this amendatory Act of the 93rd |
| 6 | | General
Assembly, in all new
applications to establish
a |
| 7 | | charter
school in a city having a population exceeding 500,000, |
| 8 | | operation of the
charter
school shall be limited to one campus. |
| 9 | | The changes made to this Section by this
amendatory Act
of the |
| 10 | | 93rd General
Assembly do not apply to charter schools existing |
| 11 | | or approved on or before the
effective date of this
amendatory |
| 12 | | Act. |
| 13 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
| 14 | | a cyber school where students engage in online curriculum and |
| 15 | | instruction via the Internet and electronic communication with |
| 16 | | their teachers at remote locations and with students |
| 17 | | participating at different times. |
| 18 | | From April 1, 2013 through December 31, 2016, there is a |
| 19 | | moratorium on the establishment of charter schools with |
| 20 | | virtual-schooling components in school districts other than a |
| 21 | | school district organized under Article 34 of this Code. This |
| 22 | | moratorium does not apply to a charter school with |
| 23 | | virtual-schooling components existing or approved prior to |
| 24 | | April 1, 2013 or to the renewal of the charter of a charter |
| 25 | | school with virtual-schooling components already approved |
| 26 | | prior to April 1, 2013. |
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| 1 | | On or before March 1, 2014, the Commission shall submit to |
| 2 | | the General Assembly a report on the effect of |
| 3 | | virtual-schooling, including without limitation the effect on |
| 4 | | student performance, the costs associated with |
| 5 | | virtual-schooling, and issues with oversight. The report shall |
| 6 | | include policy recommendations for virtual-schooling.
|
| 7 | | (c) A charter school shall be administered and governed by |
| 8 | | its board of
directors or other governing body
in the manner |
| 9 | | provided in its charter. The governing body of a charter school
|
| 10 | | shall be subject to the Freedom of Information Act and the Open |
| 11 | | Meetings Act.
|
| 12 | | (d) A charter school shall comply with all applicable |
| 13 | | health and safety
requirements applicable to public schools |
| 14 | | under the laws of the State of
Illinois.
|
| 15 | | (e) Except as otherwise provided in the School Code, a |
| 16 | | charter school shall
not charge tuition; provided that a |
| 17 | | charter school may charge reasonable fees
for textbooks, |
| 18 | | instructional materials, and student activities.
|
| 19 | | (f) A charter school shall be responsible for the |
| 20 | | management and operation
of its fiscal affairs including,
but |
| 21 | | not limited to, the preparation of its budget. An audit of each |
| 22 | | charter
school's finances shall be conducted annually by an |
| 23 | | outside, independent
contractor retained by the charter |
| 24 | | school. To ensure financial accountability for the use of |
| 25 | | public funds, on or before December 1 of every year of |
| 26 | | operation, each charter school shall submit to its authorizer |
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| 1 | | and the State Board a copy of its audit and a copy of the Form |
| 2 | | 990 the charter school filed that year with the federal |
| 3 | | Internal Revenue Service. In addition, if deemed necessary for |
| 4 | | proper financial oversight of the charter school, an authorizer |
| 5 | | may require quarterly financial statements from each charter |
| 6 | | school.
|
| 7 | | (g) A charter school shall comply with all provisions of |
| 8 | | this Article, ; the Illinois Educational Labor Relations Act, ; |
| 9 | | all federal and State laws and rules applicable to public |
| 10 | | schools that pertain to special education and the instruction |
| 11 | | of English language learners, referred to in this Code as |
| 12 | | "children of limited English-speaking ability"; and
its |
| 13 | | charter. A charter
school is exempt from all other State laws |
| 14 | | and regulations in this Code
governing public
schools and local |
| 15 | | school board policies, except the following:
|
| 16 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding |
| 17 | | criminal
history records checks and checks of the Statewide |
| 18 | | Sex Offender Database and Statewide Murderer and Violent |
| 19 | | Offender Against Youth Database of applicants for |
| 20 | | employment;
|
| 21 | | (2) Sections 24-24 and 34-84A of this Code regarding |
| 22 | | discipline of
students;
|
| 23 | | (3) the Local Governmental and Governmental Employees |
| 24 | | Tort Immunity Act;
|
| 25 | | (4) Section 108.75 of the General Not For Profit |
| 26 | | Corporation Act of 1986
regarding indemnification of |
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| 1 | | officers, directors, employees, and agents;
|
| 2 | | (5) the Abused and Neglected Child Reporting Act;
|
| 3 | | (6) the Illinois School Student Records Act;
|
| 4 | | (7) Section 10-17a of this Code regarding school report |
| 5 | | cards;
|
| 6 | | (8) the P-20 Longitudinal Education Data System Act; |
| 7 | | and |
| 8 | | (9) Section 27-23.7 of this Code regarding bullying |
| 9 | | prevention; and . |
| 10 | | (10) (9) Section 2-3.162 2-3.160 of this the School |
| 11 | | Code regarding student discipline reporting. |
| 12 | | The change made by Public Act 96-104 to this subsection (g) |
| 13 | | is declaratory of existing law. |
| 14 | | (h) A charter school may negotiate and contract with a |
| 15 | | school district, the
governing body of a State college or |
| 16 | | university or public community college, or
any other public or |
| 17 | | for-profit or nonprofit private entity for: (i) the use
of a |
| 18 | | school building and grounds or any other real property or |
| 19 | | facilities that
the charter school desires to use or convert |
| 20 | | for use as a charter school site,
(ii) the operation and |
| 21 | | maintenance thereof, and
(iii) the provision of any service, |
| 22 | | activity, or undertaking that the charter
school is required to |
| 23 | | perform in order to carry out the terms of its charter.
|
| 24 | | However, a charter school
that is established on
or
after the |
| 25 | | effective date of this amendatory Act of the 93rd General
|
| 26 | | Assembly and that operates
in a city having a population |
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| 1 | | exceeding
500,000 may not contract with a for-profit entity to
|
| 2 | | manage or operate the school during the period that commences |
| 3 | | on the
effective date of this amendatory Act of the 93rd |
| 4 | | General Assembly and
concludes at the end of the 2004-2005 |
| 5 | | school year.
Except as provided in subsection (i) of this |
| 6 | | Section, a school district may
charge a charter school |
| 7 | | reasonable rent for the use of the district's
buildings, |
| 8 | | grounds, and facilities. Any services for which a charter |
| 9 | | school
contracts
with a school district shall be provided by |
| 10 | | the district at cost. Any services
for which a charter school |
| 11 | | contracts with a local school board or with the
governing body |
| 12 | | of a State college or university or public community college
|
| 13 | | shall be provided by the public entity at cost.
|
| 14 | | (i) In no event shall a charter school that is established |
| 15 | | by converting an
existing school or attendance center to |
| 16 | | charter school status be required to
pay rent for space
that is |
| 17 | | deemed available, as negotiated and provided in the charter |
| 18 | | agreement,
in school district
facilities. However, all other |
| 19 | | costs for the operation and maintenance of
school district |
| 20 | | facilities that are used by the charter school shall be subject
|
| 21 | | to negotiation between
the charter school and the local school |
| 22 | | board and shall be set forth in the
charter.
|
| 23 | | (j) A charter school may limit student enrollment by age or |
| 24 | | grade level.
|
| 25 | | (k) If the charter school is approved by the Commission, |
| 26 | | then the Commission charter school is its own local education |
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| 1 | | agency. |
| 2 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; |
| 3 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; |
| 4 | | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. |
| 5 | | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised |
| 6 | | 10-14-14.)
|
| 7 | | (105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
|
| 8 | | Sec. 34-2.4. School improvement plan. A 3 year local school
|
| 9 | | improvement plan shall be developed and implemented at each |
| 10 | | attendance center.
This plan shall reflect the overriding |
| 11 | | purpose of the attendance center to
improve educational |
| 12 | | quality. The local school principal shall develop a
school |
| 13 | | improvement plan in consultation with the local school council, |
| 14 | | all
categories of school staff, parents and community |
| 15 | | residents. Once the plan
is developed, reviewed by the |
| 16 | | professional personnel leadership committee,
and approved by |
| 17 | | the local school council, the
principal shall be responsible |
| 18 | | for directing implementation of the plan,
and the local school |
| 19 | | council shall monitor its implementation. After the
|
| 20 | | termination of the initial 3 year plan, a new 3 year plan shall |
| 21 | | be
developed and modified as appropriate on an annual basis.
|
| 22 | | The school improvement plan shall be designed to achieve |
| 23 | | priority goals
including but not limited to:
|
| 24 | | (a) assuring that students show significant progress |
| 25 | | toward meeting and
exceeding State performance standards |
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| 1 | | in State mandated learning areas,
including the mastery of |
| 2 | | higher order thinking skills in
these areas;
|
| 3 | | (b) assuring that students attend school regularly and |
| 4 | | graduate from
school at such rates that the district |
| 5 | | average equals or surpasses national
norms;
|
| 6 | | (c) assuring that students are adequately prepared for |
| 7 | | and aided in
making a successful transition to further |
| 8 | | education and life experience;
|
| 9 | | (d) assuring that students are adequately prepared for
|
| 10 | | and aided in making a successful transition to employment; |
| 11 | | and
|
| 12 | | (e) assuring that students are, to the maximum extent |
| 13 | | possible, provided
with a common learning experience that |
| 14 | | is of high academic quality and that
reflects high |
| 15 | | expectations for all students' capacities to learn.
|
| 16 | | With respect to these priority goals, the school |
| 17 | | improvement plan shall
include but not be limited to the |
| 18 | | following:
|
| 19 | | (a) an analysis of data collected in the attendance |
| 20 | | center and community
indicating the specific strengths and |
| 21 | | weaknesses of the attendance center
in light of the goals |
| 22 | | specified above, including data and analysis specified
by |
| 23 | | the State Board of Education pertaining to specific |
| 24 | | measurable outcomes for
student performance, the |
| 25 | | attendance centers, and their instructional
programs;
|
| 26 | | (b) a description of specific annual objectives the |
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| 1 | | attendance center
will pursue in achieving the goals |
| 2 | | specified above;
|
| 3 | | (c) a description of the specific activities the |
| 4 | | attendance center will
undertake to achieve its |
| 5 | | objectives;
|
| 6 | | (d) an analysis of the attendance center's staffing |
| 7 | | pattern and material
resources, and an explanation of how |
| 8 | | the attendance center's planned
staffing pattern, the |
| 9 | | deployment of staff, and the use of material
resources |
| 10 | | furthers the objectives of the plan;
|
| 11 | | (e) a description of the key assumptions and directions |
| 12 | | of the school's
curriculum and the academic and |
| 13 | | non-academic programs of the attendance
center, and an |
| 14 | | explanation of how this curriculum and these programs
|
| 15 | | further the goals and objectives of the plan;
|
| 16 | | (f) a description of the steps that will be taken to |
| 17 | | enhance educational
opportunities for all students, |
| 18 | | regardless of gender, including limited
English learners |
| 19 | | proficient students, disabled students, low-income |
| 20 | | students and
minority students;
|
| 21 | | (g) a description of any steps which may be taken by |
| 22 | | the attendance
center to educate parents as to how they can |
| 23 | | assist children at home in
preparing their children to |
| 24 | | learn effectively;
|
| 25 | | (h) a description of the steps the attendance center |
| 26 | | will take to
coordinate its efforts with, and to gain the |
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| 1 | | participation and support of,
community residents, |
| 2 | | business organizations, and other local institutions
and |
| 3 | | individuals;
|
| 4 | | (i) a description of any staff development program for |
| 5 | | all school staff
and volunteers tied to the priority goals, |
| 6 | | objectives, and activities
specified in the plan;
|
| 7 | | (j) a description of the steps the local school council |
| 8 | | will undertake
to monitor implementation of the plan on an |
| 9 | | ongoing basis;
|
| 10 | | (k) a description of the steps the attendance center |
| 11 | | will take to ensure
that teachers have working conditions |
| 12 | | that provide a professional
environment conducive to |
| 13 | | fulfilling their responsibilities;
|
| 14 | | (l) a description of the steps the attendance center |
| 15 | | will take to ensure
teachers the time and opportunity to |
| 16 | | incorporate new ideas and techniques,
both in subject |
| 17 | | matter and teaching skills, into their own work;
|
| 18 | | (m) a description of the steps the attendance center |
| 19 | | will take to
encourage pride and positive identification |
| 20 | | with the attendance center
through various athletic |
| 21 | | activities; and
|
| 22 | | (n) a description of the student need for and provision |
| 23 | | of services
to special populations, beyond the standard |
| 24 | | school programs provided for
students in grades K through |
| 25 | | 12 and those enumerated in the categorical
programs cited |
| 26 | | in item d of part 4 of Section 34-2.3, including financial
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| 1 | | costs of providing same and a timeline for implementing the |
| 2 | | necessary
services, including but not limited, when |
| 3 | | applicable, to ensuring the
provisions of educational |
| 4 | | services to all eligible children aged 4 years
for the |
| 5 | | 1990-91 school year and thereafter, reducing class size to |
| 6 | | State
averages in grades K-3 for the 1991-92 school year |
| 7 | | and thereafter and in
all grades for the 1993-94 school |
| 8 | | year and thereafter, and providing
sufficient staff and |
| 9 | | facility resources for students not served in the
regular |
| 10 | | classroom setting.
|
| 11 | | Based on the analysis of data collected indicating specific |
| 12 | | strengths and
weaknesses of the attendance center, the school |
| 13 | | improvement plan may place
greater emphasis from year to year |
| 14 | | on particular priority goals, objectives,
and activities.
|
| 15 | | (Source: P.A. 93-48, eff. 7-1-03.)
|
| 16 | | (105 ILCS 5/34-8.17)
|
| 17 | | Sec. 34-8.17. Lump-sum allocation; key centralized |
| 18 | | functions. Final
designation as a Learning Zone under this Law |
| 19 | | shall entitle the participating
attendance centers to receive |
| 20 | | funds in lump-sum allocations, to budget and
spend those funds, |
| 21 | | and to operate in accordance with the designation and this
Law. |
| 22 | | Lump-sum allocations shall be based on the number of enrolled |
| 23 | | regular
and special needs students and shall include all |
| 24 | | operating funds for
compensation, supplies, equipment, |
| 25 | | repairs, energy, maintenance,
transportation,
and
professional |
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| 1 | | services, and all special funds that follow special |
| 2 | | populations,
including desegregation, special education, |
| 3 | | bilingual, federal, and State
Chapter 1 funds. A sum equal to |
| 4 | | 3.2% of operating funds shall be deducted by
the board to |
| 5 | | provide key centralized functions,
unless a
designated |
| 6 | | Learning Zone obtains one or more of those functions elsewhere, |
| 7 | | in
which case the sum shall be appropriately adjusted. As used
|
| 8 | | in this Law, key centralized functions shall mean:
|
| 9 | | (1) Equity assurance staff to ensure that services are |
| 10 | | maintained for
students with disabilities, limited English |
| 11 | | learners proficient students, low-income
students, and any |
| 12 | | other special need students as required by federal law;
|
| 13 | | (2) Payroll services and background and credential |
| 14 | | checks;
|
| 15 | | (3) Budget and treasury services to levy and collect |
| 16 | | taxes and distribute
lump-sum funding;
|
| 17 | | (4) Central computer systems providing information |
| 18 | | distribution and
networking;
|
| 19 | | (5) On-line data collection and analysis centers for |
| 20 | | student and school
data;
|
| 21 | | (6) Emergency pool funding; and
|
| 22 | | (7) Legal and labor departmental services for |
| 23 | | system-wide litigation and
collective bargaining |
| 24 | | negotiations.
|
| 25 | | (Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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| 1 | | Section 10. The Critical Health Problems and Comprehensive |
| 2 | | Health
Education Act is amended by changing Section 5 as |
| 3 | | follows:
|
| 4 | | (105 ILCS 110/5) (from Ch. 122, par. 865)
|
| 5 | | Sec. 5. Advisory Committee.
An advisory committee |
| 6 | | consisting of 11 members is hereby established
as follows:
the
|
| 7 | | Director of Public Health or his or her designee, the Secretary |
| 8 | | of
Human Services or his or her designee,
and an additional |
| 9 | | person representing the Department of Human
Services |
| 10 | | designated by the Secretary,
the Director of Children and |
| 11 | | Family Services or his or her designee,
the Chairman of the |
| 12 | | Illinois Joint Committee on School Health or his or her
|
| 13 | | designee,
and 7 6
members to be appointed by the State Board of |
| 14 | | Education to
be chosen, insofar as is possible, from the |
| 15 | | following groups: colleges
and universities, voluntary health |
| 16 | | agencies, medicine, dentistry,
professional health |
| 17 | | associations, teachers, administrators, members of
local |
| 18 | | boards of education, and lay citizens. The original public |
| 19 | | members
shall, upon their
appointment, serve until July 1, |
| 20 | | 1973, and, thereafter, new appointments
of public members shall |
| 21 | | be made in like manner and such members shall
serve for 4 year |
| 22 | | terms commencing on July 1, 1973, and until their
successors |
| 23 | | are appointed and qualified. Vacancies in the terms of public
|
| 24 | | members shall be filled in like manner as original appointments |
| 25 | | for the
balance of the unexpired terms. The members of the |
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| 1 | | advisory committee
shall receive no compensation but shall be |
| 2 | | reimbursed for actual and
necessary expenses incurred in the |
| 3 | | performance of their duties. Such
committee shall select a |
| 4 | | chairman and establish rules and procedures for
its proceedings |
| 5 | | not inconsistent with the provisions of this Act. Such
|
| 6 | | committee shall advise the State Board of Education on all |
| 7 | | matters relating
to the implementation of the
provisions of |
| 8 | | this Act. They shall assist in presenting advice and
|
| 9 | | interpretation concerning a comprehensive health education |
| 10 | | program to
the Illinois public, especially as related to |
| 11 | | critical health problems.
They shall also assist in |
| 12 | | establishing a sound understanding and
sympathetic |
| 13 | | relationship between such comprehensive health education
|
| 14 | | program and the public health, welfare and educational programs |
| 15 | | of other
agencies in the community.
|
| 16 | | (Source: P.A. 90-372, eff. 7-1-98; 91-61, eff. 6-30-99.)
|
| 17 | | (105 ILCS 5/2-3.60 rep.)
|
| 18 | | (105 ILCS 5/2-3.64b rep.) |
| 19 | | (105 ILCS 5/2-3.120 rep.) |
| 20 | | (105 ILCS 5/2-3.137 rep.)
|
| 21 | | (105 ILCS 5/2-3.147 rep.)
|
| 22 | | (105 ILCS 5/3-11.5 rep.)
|
| 23 | | (105 ILCS 5/22-65 rep.) |
| 24 | | (105 ILCS 5/22-75 rep.) |
| 25 | | Section 15. The School Code is amended by repealing |
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| 1 | | Sections 2-3.60, 2-3.64b, 2-3.120, 2-3.137, 2-3.147, 3-11.5, |
| 2 | | 22-65, and 22-75.
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| 3 | | Section 99. Effective date. This Act takes effect July 1, |
| 4 | | 2015.
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INDEX
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Statutes amended in order of appearance
| | | 3 | | 105 ILCS 5/1A-10 | | | | 4 | | 105 ILCS 5/1C-4 | | | | 5 | | 105 ILCS 5/2-3.12 | from Ch. 122, par. 2-3.12 | | | 6 | | 105 ILCS 5/2-3.39 | from Ch. 122, par. 2-3.39 | | | 7 | | 105 ILCS 5/2-3.62 | from Ch. 122, par. 2-3.62 | | | 8 | | 105 ILCS 5/2-3.64a-5 | | | | 9 | | 105 ILCS 5/2-3.162 | | | | 10 | | 105 ILCS 5/3-1 | from Ch. 122, par. 3-1 | | | 11 | | 105 ILCS 5/3-2.5 | | | | 12 | | 105 ILCS 5/3-11 | from Ch. 122, par. 3-11 | | | 13 | | 105 ILCS 5/3-15.6 | from Ch. 122, par. 3-15.6 | | | 14 | | 105 ILCS 5/3-15.10 | from Ch. 122, par. 3-15.10 | | | 15 | | 105 ILCS 5/3-15.17 | | | | 16 | | 105 ILCS 5/10-17a | from Ch. 122, par. 10-17a | | | 17 | | 105 ILCS 5/14-8.02 | from Ch. 122, par. 14-8.02 | | | 18 | | 105 ILCS 5/14-9.01 | from Ch. 122, par. 14-9.01 | | | 19 | | 105 ILCS 5/14C-1 | from Ch. 122, par. 14C-1 | | | 20 | | 105 ILCS 5/14C-2 | from Ch. 122, par. 14C-2 | | | 21 | | 105 ILCS 5/14C-3 | from Ch. 122, par. 14C-3 | | | 22 | | 105 ILCS 5/14C-5 | from Ch. 122, par. 14C-5 | | | 23 | | 105 ILCS 5/14C-7 | from Ch. 122, par. 14C-7 | | | 24 | | 105 ILCS 5/14C-9 | from Ch. 122, par. 14C-9 | | | 25 | | 105 ILCS 5/14C-11 | from Ch. 122, par. 14C-11 | |
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