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Full Text of SB3412  98th General Assembly

SB3412enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB3412 EnrolledLRB098 19883 NHT 55102 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.51, 2-3.51.5, 10-20.9a, 10-29, 13A-11, 13B-25.25, 14C-2,
614C-3, 18-8.05, 21B-75, 27A-4, 27A-6, and 34-8.14 and by adding
7Section 2-3.64a-5 as follows:
 
8    (105 ILCS 5/2-3.51)  (from Ch. 122, par. 2-3.51)
9    Sec. 2-3.51. Reading Improvement Block Grant Program. To
10improve the reading and study skills of children from
11kindergarten through sixth grade in school districts. The State
12Board of Education is authorized to administer a Reading
13Improvement Block Grant Program. As used in this Section:
14    "School district" includes those schools designated as
15"laboratory schools".
16    "Scientifically based reading research" means the
17application of rigorous, systematic, and objective procedures
18to obtain valid knowledge relevant to reading development,
19reading instruction, and reading difficulties. The term
20includes research that employs systematic, empirical methods
21that draw on observation or experiment, involves rigorous data
22analysis that is adequate to test the stated hypotheses and to
23justify the general conclusions drawn, relies on measurements

 

 

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1or observational methods that provide valid data across
2evaluators and observers and across multiple measurements and
3observations, and has been accepted by peer-reviewed journal or
4approved by a panel of independent experts through a comparably
5rigorous, objective and scientific review.
6    (a) Funds for the Reading Improvement Block Grant Program
7shall be distributed to school districts on the following
8basis: 70% of monies shall be awarded on the prior year's best
93 months average daily attendance and 30% shall be distributed
10on the number of economically disadvantaged (E.C.I.A. Chapter
11I) pupils in the district, provided that the State Board may
12distribute an amount not to exceed 2% of the monies
13appropriated for the Reading Improvement Block Grant Program
14for the purpose of providing teacher training and re-training
15in the teaching of reading. Program funds shall be distributed
16to school districts in 2 semi-annual installments, one payment
17on or before October 30, and one payment prior to April 30, of
18each year. The State Board shall promulgate rules and
19regulations necessary for the implementation of this program.
20Programs provided with grant funds shall not replace quality
21classroom reading instruction, but shall instead supplement
22such instruction.
23    (a-5) Reading Improvement Block Grant Program funds shall
24be used by school districts in the following manner:
25        (1) to hire reading specialists, reading teachers, and
26    reading aides in order to provide early reading

 

 

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1    intervention in kindergarten through grade 2 and programs
2    of continued reading support for students in grades 3
3    through 6;
4        (2) in kindergarten through grade 2, to establish
5    short-term tutorial early reading intervention programs
6    for children who are at risk of failing to learn to read;
7    these programs shall (i) focus on scientifically based
8    research and best practices with proven long-term results,
9    (ii) identify students in need of help no later than the
10    middle of first grade, (iii) provide ongoing training for
11    teachers in the program, (iv) focus instruction on
12    strengthening a student's phonemic awareness, phonics,
13    fluency, and comprehension skills, (v) provide a means to
14    document and evaluate student growth, and (vi) provide
15    properly trained staff;
16        (3) to continue direct reading instruction for grades 3
17    through 6;
18        (4) in grades 3 through 6, to establish programs of
19    support for students who demonstrate a need for continued
20    assistance in learning to read and in maintaining reading
21    achievement; these programs shall (i) focus on
22    scientifically based research and best practices with
23    proven long-term results, (ii) provide ongoing training
24    for teachers and other staff members in the program, (iii)
25    focus instruction on strengthening a student's phonics,
26    fluency, and comprehension skills in grades 3 through 6,

 

 

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1    (iv) provide a means to evaluate and document student
2    growth, and (v) provide properly trained staff;
3        (5) in grades K through 6, to provide classroom reading
4    materials for students; each district may allocate up to
5    25% of the funds for this purpose; and
6        (6) to provide a long-term professional development
7    program for classroom teachers, administrators, and other
8    appropriate staff; the program shall (i) focus on
9    scientifically based research and best practices with
10    proven long-term results, (ii) provide a means to evaluate
11    student progress in reading as a result of the training,
12    (iii) and be provided by approved staff development
13    providers.
14    (a-10) Reading Improvement Block Grant Program funds shall
15be made available to each eligible school district submitting
16an approved application developed by the State Board beginning
17with the 1998-99 school year. Applications shall include a
18proposed assessment method or methods for measuring the reading
19growth of students who receive direct instruction as a result
20of the funding and the impact of staff development activities
21on student growth in reading. Such methods may include the
22reading portion of the assessments required under Section
232-3.64a-5 of this Code Illinois Standards Achievement Testing
24Program. At the end of each school year the district shall
25report performance of progress results to the State Board.
26Districts not demonstrating performance progress using an

 

 

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1approved assessment method shall not be eligible for funding in
2the third or subsequent years until such progress is
3established.
4    (a-15) The State Superintendent of Education, in
5cooperation with the school districts participating in the
6program, shall annually report to the leadership of the General
7Assembly on the results of the Reading Improvement Block Grant
8Program and the progress being made on improving the reading
9skills of students in kindergarten through the sixth grade.
10    (b) (Blank).
11    (c) (Blank).
12    (d) Grants under the Reading Improvement Program shall be
13awarded provided there is an appropriation for the program, and
14funding levels for each district shall be prorated according to
15the amount of the appropriation.
16    (e) (Blank).
17    (f) (Blank).
18(Source: P.A. 92-25, eff. 7-1-01.)
 
19    (105 ILCS 5/2-3.51.5)
20    Sec. 2-3.51.5. School Safety and Educational Improvement
21Block Grant Program. To improve the level of education and
22safety of students from kindergarten through grade 12 in school
23districts and State-recognized, non-public schools. The State
24Board of Education is authorized to fund a School Safety and
25Educational Improvement Block Grant Program.

 

 

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1    (1) For school districts, the program shall provide funding
2for school safety, textbooks and software, electronic
3textbooks and the technological equipment necessary to gain
4access to and use electronic textbooks, teacher training and
5curriculum development, school improvements, remediation
6programs under subsection (a) of Section 2-3.64, school report
7cards under Section 10-17a, and criminal history records checks
8under Sections 10-21.9 and 34-18.5. For State-recognized,
9non-public schools, the program shall provide funding for
10secular textbooks and software, criminal history records
11checks, and health and safety mandates to the extent that the
12funds are expended for purely secular purposes. A school
13district or laboratory school as defined in Section 18-8 or
1418-8.05 is not required to file an application in order to
15receive the categorical funding to which it is entitled under
16this Section. Funds for the School Safety and Educational
17Improvement Block Grant Program shall be distributed to school
18districts and laboratory schools based on the prior year's best
193 months average daily attendance. Funds for the School Safety
20and Educational Improvement Block Grant Program shall be
21distributed to State-recognized, non-public schools based on
22the average daily attendance figure for the previous school
23year provided to the State Board of Education. The State Board
24of Education shall develop an application that requires
25State-recognized, non-public schools to submit average daily
26attendance figures. A State-recognized, non-public school must

 

 

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1submit the application and average daily attendance figure
2prior to receiving funds under this Section. The State Board of
3Education shall promulgate rules and regulations necessary for
4the implementation of this program.
5    (2) Distribution of moneys to school districts and
6State-recognized, non-public schools shall be made in 2
7semi-annual installments, one payment on or before October 30,
8and one payment prior to April 30, of each fiscal year.
9    (3) Grants under the School Safety and Educational
10Improvement Block Grant Program shall be awarded provided there
11is an appropriation for the program, and funding levels for
12each district shall be prorated according to the amount of the
13appropriation.
14    (4) The provisions of this Section are in the public
15interest, are for the public benefit, and serve secular public
16purposes.
17(Source: P.A. 95-707, eff. 1-11-08; 96-1403, eff. 7-29-10.)
 
18    (105 ILCS 5/2-3.64a-5 new)
19    Sec. 2-3.64a-5. State goals and assessment.
20    (a) For the assessment and accountability purposes of this
21Section, "students" includes those students enrolled in a
22public or State-operated elementary school, secondary school,
23or cooperative or joint agreement with a governing body or
24board of control, a charter school operating in compliance with
25the Charter Schools Law, a school operated by a regional office

 

 

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1of education under Section 13A-3 of this Code, or a public
2school administered by a local public agency or the Department
3of Human Services.
4    (b) The State Board of Education shall establish the
5academic standards that are to be applicable to students who
6are subject to State assessments under this Section. The State
7Board of Education shall not establish any such standards in
8final form without first providing opportunities for public
9participation and local input in the development of the final
10academic standards. Those opportunities shall include a
11well-publicized period of public comment and opportunities to
12file written comments.
13    (c) Beginning no later than the 2014-2015 school year, the
14State Board of Education shall annually assess all students
15enrolled in grades 3 through 8 in English language arts and
16mathematics.
17    Beginning no later than the 2017-2018 school year, the
18State Board of Education shall annually assess all students in
19science at one grade in grades 3 through 5, at one grade in
20grades 6 through 8, and at one grade in grades 9 through 12.
21    The State Board of Education shall annually assess schools
22that operate a secondary education program, as defined in
23Section 22-22 of this Code, in English language arts and
24mathematics. The State Board of Education shall administer no
25more than 3 assessments, per student, of English language arts
26and mathematics for students in a secondary education program.

 

 

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1One of these assessments shall include a college and career
2ready determination.
3    Students who are not assessed for college and career ready
4determinations may not receive a regular high school diploma
5unless the student is exempted from taking State assessments
6under subsection (d) of this Section because (i) the student's
7individualized educational program developed under Article 14
8of this Code identifies the State assessment as inappropriate
9for the student, (ii) the student is enrolled in a program of
10adult and continuing education, as defined in the Adult
11Education Act, (iii) the school district is not required to
12assess the individual student for purposes of accountability
13under federal No Child Left Behind Act of 2001 requirements,
14(iv) the student has been determined to be an English language
15learner, referred to in this Code as a student with limited
16English proficiency, and has been enrolled in schools in the
17United States for less than 12 months, or (v) the student is
18otherwise identified by the State Board of Education, through
19rules, as being exempt from the assessment.
20    The State Board of Education shall not assess students
21under this Section in subjects not required by this Section.
22    Districts shall inform their students of the timelines and
23procedures applicable to their participation in every yearly
24administration of the State assessments. The State Board of
25Education shall establish periods of time in each school year
26during which State assessments shall occur to meet the

 

 

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1objectives of this Section.
2    (d) Every individualized educational program as described
3in Article 14 shall identify if the State assessment or
4components thereof are appropriate for the student. The State
5Board of Education shall develop rules governing the
6administration of an alternate assessment that may be available
7to students for whom participation in this State's regular
8assessments is not appropriate, even with accommodations as
9allowed under this Section.
10    Students receiving special education services whose
11individualized educational programs identify them as eligible
12for the alternative State assessments nevertheless shall have
13the option of taking this State's regular assessment that
14includes a college and career ready determination, which shall
15be administered in accordance with the eligible accommodations
16appropriate for meeting these students' respective needs.
17    All students determined to be an English language learner,
18referred to in this Code as a student with limited English
19proficiency, shall participate in the State assessments,
20excepting those students who have been enrolled in schools in
21the United States for less than 12 months. Such students may be
22exempted from participation in one annual administration of the
23English language arts assessment. Any student determined to be
24an English language learner, referred to in this Code as a
25student with limited English proficiency, shall receive
26appropriate assessment accommodations, including language

 

 

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1supports, which shall be established by rule. Approved
2assessment accommodations must be provided until the student's
3English language skills develop to the extent that the student
4is no longer considered to be an English language learner,
5referred to in this Code as a student with limited English
6proficiency, as demonstrated through a State-identified
7English language proficiency assessment.
8    (e) The results or scores of each assessment taken under
9this Section shall be made available to the parents of each
10student.
11    In each school year, the scores attained by a student on
12the State assessment that includes a college and career ready
13determination must be placed in the student's permanent record
14and must be entered on the student's transcript pursuant to
15rules that the State Board of Education shall adopt for that
16purpose in accordance with Section 3 of the Illinois School
17Student Records Act. In each school year, the scores attained
18by a student on the State assessments administered in grades 3
19through 8 must be placed in the student's temporary record.
20    (f) All schools shall administer an academic assessment of
21English language proficiency in oral language (listening and
22speaking) and reading and writing skills to all children
23determined to be English language learners, referred to in
24Section 14C-3 of this Code as children with limited
25English-speaking ability.
26    (g) All schools in this State that are part of the sample

 

 

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1drawn by the National Center for Education Statistics, in
2collaboration with their school districts and the State Board
3of Education, shall administer the biennial academic
4assessments under the National Assessment of Educational
5Progress carried out under Section 411(b)(2) of the federal
6National Education Statistics Act of 1994 (20 U.S.C. 9010) if
7the U.S. Secretary of Education pays the costs of administering
8the assessments.
9    (h) Subject to available funds to this State for the
10purpose of student assessment, the State Board of Education
11shall provide additional assessments and assessment resources
12that may be used by school districts for local assessment
13purposes. The State Board of Education shall annually
14distribute a listing of these additional resources.
15    (i) For the purposes of this subsection (i), "academically
16based assessments" means assessments consisting of questions
17and answers that are measurable and quantifiable to measure the
18knowledge, skills, and ability of students in the subject
19matters covered by the assessments. All assessments
20administered pursuant to this Section must be academically
21based assessments. The scoring of academically based
22assessments shall be reliable, valid, and fair and shall meet
23the guidelines for assessment development and use prescribed by
24the American Psychological Association, the National Council
25on Measurement in Education, and the American Educational
26Research Association.

 

 

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1    The State Board of Education shall review the use of all
2assessment item types in order to ensure that they are valid
3and reliable indicators of student performance aligned to the
4learning standards being assessed and that the development,
5administration, and scoring of these item types are justifiable
6in terms of cost.
7    (j) The State Superintendent of Education shall appoint a
8committee of no more than 21 members, consisting of parents,
9teachers, school administrators, school board members,
10assessment experts, regional superintendents of schools, and
11citizens, to review the State assessments administered by the
12State Board of Education. The Committee shall select one of its
13members as its chairperson. The Committee shall meet on an
14ongoing basis to review the content and design of the
15assessments (including whether the requirements of subsection
16(i) of this Section have been met), the time and money expended
17at the local and State levels to prepare for and administer the
18assessments, the collective results of the assessments as
19measured against the stated purpose of assessing student
20performance, and other issues involving the assessments
21identified by the Committee. The Committee shall make periodic
22recommendations to the State Superintendent of Education and
23the General Assembly concerning the assessments.
24    (k) The State Board of Education may adopt rules to
25implement this Section.
 

 

 

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1    (105 ILCS 5/10-20.9a)  (from Ch. 122, par. 10-20.9a)
2    Sec. 10-20.9a. Final Grade; Promotion.
3    (a) Teachers shall administer the approved marking system
4or other approved means of evaluating pupil progress. The
5teacher shall maintain the responsibility and right to
6determine grades and other evaluations of students within the
7grading policies of the district based upon his or her
8professional judgment of available criteria pertinent to any
9given subject area or activity for which he or she is
10responsible. District policy shall provide the procedure and
11reasons by and for which a grade may be changed; provided that
12no grade or evaluation shall be changed without notification to
13the teacher concerning the nature and reasons for such change.
14If such a change is made, the person making the change shall
15assume such responsibility for determining the grade or
16evaluation, and shall initial such change.
17    (b) School districts shall not promote students to the next
18higher grade level based upon age or any other social reasons
19not related to the academic performance of the students. On or
20before September 1, 1998, school boards shall adopt and enforce
21a policy on promotion as they deem necessary to ensure that
22students meet local goals and objectives and can perform at the
23expected grade level prior to promotion. Decisions to promote
24or retain students in any classes shall be based on successful
25completion of the curriculum, attendance, performance based on
26the assessments required under Section 2-3.64a-5 of this Code

 

 

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1Illinois Goals and Assessment Program tests, the Iowa Test of
2Basic Skills, or other testing or any other criteria
3established by the school board. Students determined by the
4local district to not qualify for promotion to the next higher
5grade shall be provided remedial assistance, which may include,
6but shall not be limited to, a summer bridge program of no less
7than 90 hours, tutorial sessions, increased or concentrated
8instructional time, modifications to instructional materials,
9and retention in grade.
10(Source: P.A. 89-610, eff. 8-6-96; 90-548, eff. 1-1-98.)
 
11    (105 ILCS 5/10-29)
12    Sec. 10-29. Remote educational programs.
13    (a) For purposes of this Section, "remote educational
14program" means an educational program delivered to students in
15the home or other location outside of a school building that
16meets all of the following criteria:
17        (1) A student may participate in the program only after
18    the school district, pursuant to adopted school board
19    policy, and a person authorized to enroll the student under
20    Section 10-20.12b of this Code determine that a remote
21    educational program will best serve the student's
22    individual learning needs. The adopted school board policy
23    shall include, but not be limited to, all of the following:
24            (A) Criteria for determining that a remote
25        educational program will best serve a student's

 

 

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1        individual learning needs. The criteria must include
2        consideration of, at a minimum, a student's prior
3        attendance, disciplinary record, and academic history.
4            (B) Any limitations on the number of students or
5        grade levels that may participate in a remote
6        educational program.
7            (C) A description of the process that the school
8        district will use to approve participation in the
9        remote educational program. The process must include
10        without limitation a requirement that, for any student
11        who qualifies to receive services pursuant to the
12        federal Individuals with Disabilities Education
13        Improvement Act of 2004, the student's participation
14        in a remote educational program receive prior approval
15        from the student's individualized education program
16        team.
17            (D) A description of the process the school
18        district will use to develop and approve a written
19        remote educational plan that meets the requirements of
20        subdivision (5) of this subsection (a).
21            (E) A description of the system the school district
22        will establish to calculate the number of clock hours a
23        student is participating in instruction in accordance
24        with the remote educational program.
25            (F) A description of the process for renewing a
26        remote educational program at the expiration of its

 

 

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1        term.
2            (G) Such other terms and provisions as the school
3        district deems necessary to provide for the
4        establishment and delivery of a remote educational
5        program.
6        (2) The school district has determined that the remote
7    educational program's curriculum is aligned to State
8    learning standards and that the program offers instruction
9    and educational experiences consistent with those given to
10    students at the same grade level in the district.
11        (3) The remote educational program is delivered by
12    instructors that meet the following qualifications:
13            (A) they are certificated under Article 21 of this
14        Code;
15            (B) they meet applicable highly qualified criteria
16        under the federal No Child Left Behind Act of 2001; and
17            (C) they have responsibility for all of the
18        following elements of the program: planning
19        instruction, diagnosing learning needs, prescribing
20        content delivery through class activities, assessing
21        learning, reporting outcomes to administrators and
22        parents and guardians, and evaluating the effects of
23        instruction.
24        (4) During the period of time from and including the
25    opening date to the closing date of the regular school term
26    of the school district established pursuant to Section

 

 

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1    10-19 of this Code, participation in a remote educational
2    program may be claimed for general State aid purposes under
3    Section 18-8.05 of this Code on any calendar day,
4    notwithstanding whether the day is a day of pupil
5    attendance or institute day on the school district's
6    calendar or any other provision of law restricting
7    instruction on that day. If the district holds year-round
8    classes in some buildings, the district shall classify each
9    student's participation in a remote educational program as
10    either on a year-round or a non-year-round schedule for
11    purposes of claiming general State aid. Outside of the
12    regular school term of the district, the remote educational
13    program may be offered as part of any summer school program
14    authorized by this Code.
15        (5) Each student participating in a remote educational
16    program must have a written remote educational plan that
17    has been approved by the school district and a person
18    authorized to enroll the student under Section 10-20.12b of
19    this Code. The school district and a person authorized to
20    enroll the student under Section 10-20.12b of this Code
21    must approve any amendment to a remote educational plan.
22    The remote educational plan must include, but is not
23    limited to, all of the following:
24            (A) Specific achievement goals for the student
25        aligned to State learning standards.
26            (B) A description of all assessments that will be

 

 

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1        used to measure student progress, which description
2        shall indicate the assessments that will be
3        administered at an attendance center within the school
4        district.
5            (C) A description of the progress reports that will
6        be provided to the school district and the person or
7        persons authorized to enroll the student under Section
8        10-20.12b of this Code.
9            (D) Expectations, processes, and schedules for
10        interaction between a teacher and student.
11            (E) A description of the specific responsibilities
12        of the student's family and the school district with
13        respect to equipment, materials, phone and Internet
14        service, and any other requirements applicable to the
15        home or other location outside of a school building
16        necessary for the delivery of the remote educational
17        program.
18            (F) If applicable, a description of how the remote
19        educational program will be delivered in a manner
20        consistent with the student's individualized education
21        program required by Section 614(d) of the federal
22        Individuals with Disabilities Education Improvement
23        Act of 2004 or plan to ensure compliance with Section
24        504 of the federal Rehabilitation Act of 1973.
25            (G) A description of the procedures and
26        opportunities for participation in academic and

 

 

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1        extra-curricular activities and programs within the
2        school district.
3            (H) The identification of a parent, guardian, or
4        other responsible adult who will provide direct
5        supervision of the program. The plan must include an
6        acknowledgment by the parent, guardian, or other
7        responsible adult that he or she may engage only in
8        non-teaching duties not requiring instructional
9        judgment or the evaluation of a student. The plan shall
10        designate the parent, guardian, or other responsible
11        adult as non-teaching personnel or volunteer personnel
12        under subsection (a) of Section 10-22.34 of this Code.
13            (I) The identification of a school district
14        administrator who will oversee the remote educational
15        program on behalf of the school district and who may be
16        contacted by the student's parents with respect to any
17        issues or concerns with the program.
18            (J) The term of the student's participation in the
19        remote educational program, which may not extend for
20        longer than 12 months, unless the term is renewed by
21        the district in accordance with subdivision (7) of this
22        subsection (a).
23            (K) A description of the specific location or
24        locations in which the program will be delivered. If
25        the remote educational program is to be delivered to a
26        student in any location other than the student's home,

 

 

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1        the plan must include a written determination by the
2        school district that the location will provide a
3        learning environment appropriate for the delivery of
4        the program. The location or locations in which the
5        program will be delivered shall be deemed a long
6        distance teaching reception area under subsection (a)
7        of Section 10-22.34 of this Code.
8            (L) Certification by the school district that the
9        plan meets all other requirements of this Section.
10        (6) Students participating in a remote educational
11    program must be enrolled in a school district attendance
12    center pursuant to the school district's enrollment policy
13    or policies. A student participating in a remote
14    educational program must be tested as part of all
15    assessments administered by the school district pursuant
16    to Section 2-3.64a-5 2-3.64 of this Code at the attendance
17    center in which the student is enrolled and in accordance
18    with the attendance center's assessment policies and
19    schedule. The student must be included within all adequate
20    yearly progress and other accountability determinations
21    for the school district and attendance center under State
22    and federal law.
23        (7) The term of a student's participation in a remote
24    educational program may not extend for longer than 12
25    months, unless the term is renewed by the school district.
26    The district may only renew a student's participation in a

 

 

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1    remote educational program following an evaluation of the
2    student's progress in the program, a determination that the
3    student's continuation in the program will best serve the
4    student's individual learning needs, and an amendment to
5    the student's written remote educational plan addressing
6    any changes for the upcoming term of the program.
7    (b) A school district may, by resolution of its school
8board, establish a remote educational program.
9    (c) Clock hours of instruction by students in a remote
10educational program meeting the requirements of this Section
11may be claimed by the school district and shall be counted as
12school work for general State aid purposes in accordance with
13and subject to the limitations of Section 18-8.05 of this Code.
14    (d) The impact of remote educational programs on wages,
15hours, and terms and conditions of employment of educational
16employees within the school district shall be subject to local
17collective bargaining agreements.
18    (e) The use of a home or other location outside of a school
19building for a remote educational program shall not cause the
20home or other location to be deemed a public school facility.
21    (f) A remote educational program may be used, but is not
22required, for instruction delivered to a student in the home or
23other location outside of a school building that is not claimed
24for general State aid purposes under Section 18-8.05 of this
25Code.
26    (g) School districts that, pursuant to this Section, adopt

 

 

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1a policy for a remote educational program must submit to the
2State Board of Education a copy of the policy and any
3amendments thereto, as well as data on student participation in
4a format specified by the State Board of Education. The State
5Board of Education may perform or contract with an outside
6entity to perform an evaluation of remote educational programs
7in this State.
8    (h) The State Board of Education may adopt any rules
9necessary to ensure compliance by remote educational programs
10with the requirements of this Section and other applicable
11legal requirements.
12(Source: P.A. 96-684, eff. 8-25-09; 97-339, eff. 8-12-11.)
 
13    (105 ILCS 5/13A-11)
14    Sec. 13A-11. Chicago public schools.
15    (a) The Chicago Board of Education may establish
16alternative schools within Chicago and may contract with third
17parties for services otherwise performed by employees,
18including those in a bargaining unit, in accordance with
19Sections 34-8.1, 34-18, and 34-49.
20    (b) Alternative schools operated by third parties within
21Chicago shall be exempt from all provisions of this the School
22Code, except provisions concerning:
23        (1) student Student civil rights;
24        (2) staff Staff civil rights;
25        (3) health Health and safety;

 

 

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1        (4) performance Performance and financial audits;
2        (5) the assessments required under Section 2-3.64a-5
3    of this Code The Illinois Goals Assessment Program;
4        (6) Chicago learning outcomes;
5        (7) Sections 2-3.25a through 2-3.25j of this the School
6    Code;
7        (8) the The Inspector General; and
8        (9) Section 34-2.4b of this the School Code.
9(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
 
10    (105 ILCS 5/13B-25.25)
11    Sec. 13B-25.25. Testing and assessment. A district plan for
12an alternative learning opportunities program operated through
13a cooperative or intergovernmental agreement must provide
14procedures for ensuring that students are included in the
15administration of statewide testing programs. Students
16enrolled in an alternative learning opportunities program
17shall participate in State assessments under Section 2-3.64a-5
182-3.64 of this Code.
19(Source: P.A. 92-42, eff. 1-1-02.)
 
20    (105 ILCS 5/14C-2)  (from Ch. 122, par. 14C-2)
21    Sec. 14C-2. Definitions. Unless the context indicates
22otherwise, the terms used in this Article have the following
23meanings:
24    (a) "State Board" means the State Board of Education.

 

 

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1    (b) "Certification Board" means the State Teacher
2Certification Board.
3    (c) "School District" means any school district
4established under this Code.
5    (d) "Children of limited English-speaking ability" means
6(1) all children in grades pre-K through 12 who were not born
7in the United States, whose native tongue is a language other
8than English, and who are incapable of performing ordinary
9classwork in English; and (2) all children in grades pre-K
10through 12 who were born in the United States of parents
11possessing no or limited English-speaking ability and who are
12incapable of performing ordinary classwork in English.
13    (e) "Teacher of transitional bilingual education" means a
14teacher with a speaking and reading ability in a language other
15than English in which transitional bilingual education is
16offered and with communicative skills in English.
17    (f) "Program in transitional bilingual education" means a
18full-time program of instruction (1) in all those courses or
19subjects which a child is required by law to receive and which
20are required by the child's school district, which shall be
21given in the native language of the children of limited
22English-speaking ability who are enrolled in the program and
23also in English, (2) in the reading and writing of the native
24language of the children of limited English-speaking ability
25who are enrolled in the program and in the oral language
26(listening and comprehension, speaking), reading, and writing

 

 

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1of English, and (3) in the history and culture of the country,
2territory, or geographic area which is the native land of the
3parents of children of limited English-speaking ability who are
4enrolled in the program and in the history and culture of the
5United States; or a part-time program of instruction based on
6the educational needs of those children of limited
7English-speaking ability who do not need a full-time program of
8instruction.
9(Source: P.A. 95-793, eff. 1-1-09.)
 
10    (105 ILCS 5/14C-3)  (from Ch. 122, par. 14C-3)
11    Sec. 14C-3. Language classification of children;
12establishment of program; period of participation;
13examination. Each school district shall ascertain, not later
14than the first day of March, under regulations prescribed by
15the State Board, the number of children of limited
16English-speaking ability within the school district, and shall
17classify them according to the language of which they possess a
18primary speaking ability, and their grade level, age or
19achievement level.
20    When, at the beginning of any school year, there is within
21an attendance center of a school district not including
22children who are enrolled in existing private school systems,
2320 or more children of limited English-speaking ability in any
24such language classification, the school district shall
25establish, for each classification, a program in transitional

 

 

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1bilingual education for the children therein. A school district
2may establish a program in transitional bilingual education
3with respect to any classification with less than 20 children
4therein, but should a school district decide not to establish
5such a program, the school district shall provide a locally
6determined transitional program of instruction which, based
7upon an individual student language assessment, provides
8content area instruction in a language other than English to
9the extent necessary to ensure that each student can benefit
10from educational instruction and achieve an early and effective
11transition into the regular school curriculum.
12    Every school-age child of limited English-speaking ability
13not enrolled in existing private school systems shall be
14enrolled and participate in the program in transitional
15bilingual education established for the classification to
16which he belongs by the school district in which he resides for
17a period of 3 years or until such time as he achieves a level of
18English language skills which will enable him to perform
19successfully in classes in which instruction is given only in
20English, whichever shall first occur.
21    A child of limited English-speaking ability enrolled in a
22program in transitional bilingual education may, in the
23discretion of the school district and subject to the approval
24of the child's parent or legal guardian, continue in that
25program for a period longer than 3 years.
26    An examination in the oral language (listening and

 

 

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1comprehension, speaking), reading, and writing of English, as
2prescribed by the State Board, shall be administered annually
3to all children of limited English-speaking ability enrolled
4and participating in a program in transitional bilingual
5education. No school district shall transfer a child of limited
6English-speaking ability out of a program in transitional
7bilingual education prior to his third year of enrollment
8therein unless the parents of the child approve the transfer in
9writing, and unless the child has received a score on said
10examination which, in the determination of the State Board,
11reflects a level of English language skills appropriate to his
12or her grade level.
13    If later evidence suggests that a child so transferred is
14still disabled by an inadequate command of English, he may be
15re-enrolled in the program for a length of time equal to that
16which remained at the time he was transferred.
17(Source: P.A. 89-397, eff. 8-20-95.)
 
18    (105 ILCS 5/18-8.05)
19    Sec. 18-8.05. Basis for apportionment of general State
20financial aid and supplemental general State aid to the common
21schools for the 1998-1999 and subsequent school years.
 
22(A) General Provisions.
23    (1) The provisions of this Section apply to the 1998-1999
24and subsequent school years. The system of general State

 

 

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1financial aid provided for in this Section is designed to
2assure that, through a combination of State financial aid and
3required local resources, the financial support provided each
4pupil in Average Daily Attendance equals or exceeds a
5prescribed per pupil Foundation Level. This formula approach
6imputes a level of per pupil Available Local Resources and
7provides for the basis to calculate a per pupil level of
8general State financial aid that, when added to Available Local
9Resources, equals or exceeds the Foundation Level. The amount
10of per pupil general State financial aid for school districts,
11in general, varies in inverse relation to Available Local
12Resources. Per pupil amounts are based upon each school
13district's Average Daily Attendance as that term is defined in
14this Section.
15    (2) In addition to general State financial aid, school
16districts with specified levels or concentrations of pupils
17from low income households are eligible to receive supplemental
18general State financial aid grants as provided pursuant to
19subsection (H). The supplemental State aid grants provided for
20school districts under subsection (H) shall be appropriated for
21distribution to school districts as part of the same line item
22in which the general State financial aid of school districts is
23appropriated under this Section.
24    (3) To receive financial assistance under this Section,
25school districts are required to file claims with the State
26Board of Education, subject to the following requirements:

 

 

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1        (a) Any school district which fails for any given
2    school year to maintain school as required by law, or to
3    maintain a recognized school is not eligible to file for
4    such school year any claim upon the Common School Fund. In
5    case of nonrecognition of one or more attendance centers in
6    a school district otherwise operating recognized schools,
7    the claim of the district shall be reduced in the
8    proportion which the Average Daily Attendance in the
9    attendance center or centers bear to the Average Daily
10    Attendance in the school district. A "recognized school"
11    means any public school which meets the standards as
12    established for recognition by the State Board of
13    Education. A school district or attendance center not
14    having recognition status at the end of a school term is
15    entitled to receive State aid payments due upon a legal
16    claim which was filed while it was recognized.
17        (b) School district claims filed under this Section are
18    subject to Sections 18-9 and 18-12, except as otherwise
19    provided in this Section.
20        (c) If a school district operates a full year school
21    under Section 10-19.1, the general State aid to the school
22    district shall be determined by the State Board of
23    Education in accordance with this Section as near as may be
24    applicable.
25        (d) (Blank).
26    (4) Except as provided in subsections (H) and (L), the

 

 

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1board of any district receiving any of the grants provided for
2in this Section may apply those funds to any fund so received
3for which that board is authorized to make expenditures by law.
4    School districts are not required to exert a minimum
5Operating Tax Rate in order to qualify for assistance under
6this Section.
7    (5) As used in this Section the following terms, when
8capitalized, shall have the meaning ascribed herein:
9        (a) "Average Daily Attendance": A count of pupil
10    attendance in school, averaged as provided for in
11    subsection (C) and utilized in deriving per pupil financial
12    support levels.
13        (b) "Available Local Resources": A computation of
14    local financial support, calculated on the basis of Average
15    Daily Attendance and derived as provided pursuant to
16    subsection (D).
17        (c) "Corporate Personal Property Replacement Taxes":
18    Funds paid to local school districts pursuant to "An Act in
19    relation to the abolition of ad valorem personal property
20    tax and the replacement of revenues lost thereby, and
21    amending and repealing certain Acts and parts of Acts in
22    connection therewith", certified August 14, 1979, as
23    amended (Public Act 81-1st S.S.-1).
24        (d) "Foundation Level": A prescribed level of per pupil
25    financial support as provided for in subsection (B).
26        (e) "Operating Tax Rate": All school district property

 

 

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1    taxes extended for all purposes, except Bond and Interest,
2    Summer School, Rent, Capital Improvement, and Vocational
3    Education Building purposes.
 
4(B) Foundation Level.
5    (1) The Foundation Level is a figure established by the
6State representing the minimum level of per pupil financial
7support that should be available to provide for the basic
8education of each pupil in Average Daily Attendance. As set
9forth in this Section, each school district is assumed to exert
10a sufficient local taxing effort such that, in combination with
11the aggregate of general State financial aid provided the
12district, an aggregate of State and local resources are
13available to meet the basic education needs of pupils in the
14district.
15    (2) For the 1998-1999 school year, the Foundation Level of
16support is $4,225. For the 1999-2000 school year, the
17Foundation Level of support is $4,325. For the 2000-2001 school
18year, the Foundation Level of support is $4,425. For the
192001-2002 school year and 2002-2003 school year, the Foundation
20Level of support is $4,560. For the 2003-2004 school year, the
21Foundation Level of support is $4,810. For the 2004-2005 school
22year, the Foundation Level of support is $4,964. For the
232005-2006 school year, the Foundation Level of support is
24$5,164. For the 2006-2007 school year, the Foundation Level of
25support is $5,334. For the 2007-2008 school year, the

 

 

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1Foundation Level of support is $5,734. For the 2008-2009 school
2year, the Foundation Level of support is $5,959.
3    (3) For the 2009-2010 school year and each school year
4thereafter, the Foundation Level of support is $6,119 or such
5greater amount as may be established by law by the General
6Assembly.
 
7(C) Average Daily Attendance.
8    (1) For purposes of calculating general State aid pursuant
9to subsection (E), an Average Daily Attendance figure shall be
10utilized. The Average Daily Attendance figure for formula
11calculation purposes shall be the monthly average of the actual
12number of pupils in attendance of each school district, as
13further averaged for the best 3 months of pupil attendance for
14each school district. In compiling the figures for the number
15of pupils in attendance, school districts and the State Board
16of Education shall, for purposes of general State aid funding,
17conform attendance figures to the requirements of subsection
18(F).
19    (2) The Average Daily Attendance figures utilized in
20subsection (E) shall be the requisite attendance data for the
21school year immediately preceding the school year for which
22general State aid is being calculated or the average of the
23attendance data for the 3 preceding school years, whichever is
24greater. The Average Daily Attendance figures utilized in
25subsection (H) shall be the requisite attendance data for the

 

 

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1school year immediately preceding the school year for which
2general State aid is being calculated.
 
3(D) Available Local Resources.
4    (1) For purposes of calculating general State aid pursuant
5to subsection (E), a representation of Available Local
6Resources per pupil, as that term is defined and determined in
7this subsection, shall be utilized. Available Local Resources
8per pupil shall include a calculated dollar amount representing
9local school district revenues from local property taxes and
10from Corporate Personal Property Replacement Taxes, expressed
11on the basis of pupils in Average Daily Attendance. Calculation
12of Available Local Resources shall exclude any tax amnesty
13funds received as a result of Public Act 93-26.
14    (2) In determining a school district's revenue from local
15property taxes, the State Board of Education shall utilize the
16equalized assessed valuation of all taxable property of each
17school district as of September 30 of the previous year. The
18equalized assessed valuation utilized shall be obtained and
19determined as provided in subsection (G).
20    (3) For school districts maintaining grades kindergarten
21through 12, local property tax revenues per pupil shall be
22calculated as the product of the applicable equalized assessed
23valuation for the district multiplied by 3.00%, and divided by
24the district's Average Daily Attendance figure. For school
25districts maintaining grades kindergarten through 8, local

 

 

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1property tax revenues per pupil shall be calculated as the
2product of the applicable equalized assessed valuation for the
3district multiplied by 2.30%, and divided by the district's
4Average Daily Attendance figure. For school districts
5maintaining grades 9 through 12, local property tax revenues
6per pupil shall be the applicable equalized assessed valuation
7of the district multiplied by 1.05%, and divided by the
8district's Average Daily Attendance figure.
9    For partial elementary unit districts created pursuant to
10Article 11E of this Code, local property tax revenues per pupil
11shall be calculated as the product of the equalized assessed
12valuation for property within the partial elementary unit
13district for elementary purposes, as defined in Article 11E of
14this Code, multiplied by 2.06% and divided by the district's
15Average Daily Attendance figure, plus the product of the
16equalized assessed valuation for property within the partial
17elementary unit district for high school purposes, as defined
18in Article 11E of this Code, multiplied by 0.94% and divided by
19the district's Average Daily Attendance figure.
20    (4) The Corporate Personal Property Replacement Taxes paid
21to each school district during the calendar year one year
22before the calendar year in which a school year begins, divided
23by the Average Daily Attendance figure for that district, shall
24be added to the local property tax revenues per pupil as
25derived by the application of the immediately preceding
26paragraph (3). The sum of these per pupil figures for each

 

 

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1school district shall constitute Available Local Resources as
2that term is utilized in subsection (E) in the calculation of
3general State aid.
 
4(E) Computation of General State Aid.
5    (1) For each school year, the amount of general State aid
6allotted to a school district shall be computed by the State
7Board of Education as provided in this subsection.
8    (2) For any school district for which Available Local
9Resources per pupil is less than the product of 0.93 times the
10Foundation Level, general State aid for that district shall be
11calculated as an amount equal to the Foundation Level minus
12Available Local Resources, multiplied by the Average Daily
13Attendance of the school district.
14    (3) For any school district for which Available Local
15Resources per pupil is equal to or greater than the product of
160.93 times the Foundation Level and less than the product of
171.75 times the Foundation Level, the general State aid per
18pupil shall be a decimal proportion of the Foundation Level
19derived using a linear algorithm. Under this linear algorithm,
20the calculated general State aid per pupil shall decline in
21direct linear fashion from 0.07 times the Foundation Level for
22a school district with Available Local Resources equal to the
23product of 0.93 times the Foundation Level, to 0.05 times the
24Foundation Level for a school district with Available Local
25Resources equal to the product of 1.75 times the Foundation

 

 

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1Level. The allocation of general State aid for school districts
2subject to this paragraph 3 shall be the calculated general
3State aid per pupil figure multiplied by the Average Daily
4Attendance of the school district.
5    (4) For any school district for which Available Local
6Resources per pupil equals or exceeds the product of 1.75 times
7the Foundation Level, the general State aid for the school
8district shall be calculated as the product of $218 multiplied
9by the Average Daily Attendance of the school district.
10    (5) The amount of general State aid allocated to a school
11district for the 1999-2000 school year meeting the requirements
12set forth in paragraph (4) of subsection (G) shall be increased
13by an amount equal to the general State aid that would have
14been received by the district for the 1998-1999 school year by
15utilizing the Extension Limitation Equalized Assessed
16Valuation as calculated in paragraph (4) of subsection (G) less
17the general State aid allotted for the 1998-1999 school year.
18This amount shall be deemed a one time increase, and shall not
19affect any future general State aid allocations.
 
20(F) Compilation of Average Daily Attendance.
21    (1) Each school district shall, by July 1 of each year,
22submit to the State Board of Education, on forms prescribed by
23the State Board of Education, attendance figures for the school
24year that began in the preceding calendar year. The attendance
25information so transmitted shall identify the average daily

 

 

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1attendance figures for each month of the school year. Beginning
2with the general State aid claim form for the 2002-2003 school
3year, districts shall calculate Average Daily Attendance as
4provided in subdivisions (a), (b), and (c) of this paragraph
5(1).
6        (a) In districts that do not hold year-round classes,
7    days of attendance in August shall be added to the month of
8    September and any days of attendance in June shall be added
9    to the month of May.
10        (b) In districts in which all buildings hold year-round
11    classes, days of attendance in July and August shall be
12    added to the month of September and any days of attendance
13    in June shall be added to the month of May.
14        (c) In districts in which some buildings, but not all,
15    hold year-round classes, for the non-year-round buildings,
16    days of attendance in August shall be added to the month of
17    September and any days of attendance in June shall be added
18    to the month of May. The average daily attendance for the
19    year-round buildings shall be computed as provided in
20    subdivision (b) of this paragraph (1). To calculate the
21    Average Daily Attendance for the district, the average
22    daily attendance for the year-round buildings shall be
23    multiplied by the days in session for the non-year-round
24    buildings for each month and added to the monthly
25    attendance of the non-year-round buildings.
26    Except as otherwise provided in this Section, days of

 

 

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1attendance by pupils shall be counted only for sessions of not
2less than 5 clock hours of school work per day under direct
3supervision of: (i) teachers, or (ii) non-teaching personnel or
4volunteer personnel when engaging in non-teaching duties and
5supervising in those instances specified in subsection (a) of
6Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
7of legal school age and in kindergarten and grades 1 through
812.
9    Days of attendance by tuition pupils shall be accredited
10only to the districts that pay the tuition to a recognized
11school.
12    (2) Days of attendance by pupils of less than 5 clock hours
13of school shall be subject to the following provisions in the
14compilation of Average Daily Attendance.
15        (a) Pupils regularly enrolled in a public school for
16    only a part of the school day may be counted on the basis
17    of 1/6 day for every class hour of instruction of 40
18    minutes or more attended pursuant to such enrollment,
19    unless a pupil is enrolled in a block-schedule format of 80
20    minutes or more of instruction, in which case the pupil may
21    be counted on the basis of the proportion of minutes of
22    school work completed each day to the minimum number of
23    minutes that school work is required to be held that day.
24        (b) (Blank).
25        (c) A session of 4 or more clock hours may be counted
26    as a day of attendance upon certification by the regional

 

 

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1    superintendent, and approved by the State Superintendent
2    of Education to the extent that the district has been
3    forced to use daily multiple sessions.
4        (d) A session of 3 or more clock hours may be counted
5    as a day of attendance (1) when the remainder of the school
6    day or at least 2 hours in the evening of that day is
7    utilized for an in-service training program for teachers,
8    up to a maximum of 5 days per school year, provided a
9    district conducts an in-service training program for
10    teachers in accordance with Section 10-22.39 of this Code;
11    or, in lieu of 4 such days, 2 full days may be used, in
12    which event each such day may be counted as a day required
13    for a legal school calendar pursuant to Section 10-19 of
14    this Code; (1.5) when, of the 5 days allowed under item
15    (1), a maximum of 4 days are used for parent-teacher
16    conferences, or, in lieu of 4 such days, 2 full days are
17    used, in which case each such day may be counted as a
18    calendar day required under Section 10-19 of this Code,
19    provided that the full-day, parent-teacher conference
20    consists of (i) a minimum of 5 clock hours of
21    parent-teacher conferences, (ii) both a minimum of 2 clock
22    hours of parent-teacher conferences held in the evening
23    following a full day of student attendance, as specified in
24    subsection (F)(1)(c), and a minimum of 3 clock hours of
25    parent-teacher conferences held on the day immediately
26    following evening parent-teacher conferences, or (iii)

 

 

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1    multiple parent-teacher conferences held in the evenings
2    following full days of student attendance, as specified in
3    subsection (F)(1)(c), in which the time used for the
4    parent-teacher conferences is equivalent to a minimum of 5
5    clock hours; and (2) when days in addition to those
6    provided in items (1) and (1.5) are scheduled by a school
7    pursuant to its school improvement plan adopted under
8    Article 34 or its revised or amended school improvement
9    plan adopted under Article 2, provided that (i) such
10    sessions of 3 or more clock hours are scheduled to occur at
11    regular intervals, (ii) the remainder of the school days in
12    which such sessions occur are utilized for in-service
13    training programs or other staff development activities
14    for teachers, and (iii) a sufficient number of minutes of
15    school work under the direct supervision of teachers are
16    added to the school days between such regularly scheduled
17    sessions to accumulate not less than the number of minutes
18    by which such sessions of 3 or more clock hours fall short
19    of 5 clock hours. Any full days used for the purposes of
20    this paragraph shall not be considered for computing
21    average daily attendance. Days scheduled for in-service
22    training programs, staff development activities, or
23    parent-teacher conferences may be scheduled separately for
24    different grade levels and different attendance centers of
25    the district.
26        (e) A session of not less than one clock hour of

 

 

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1    teaching hospitalized or homebound pupils on-site or by
2    telephone to the classroom may be counted as 1/2 day of
3    attendance, however these pupils must receive 4 or more
4    clock hours of instruction to be counted for a full day of
5    attendance.
6        (f) A session of at least 4 clock hours may be counted
7    as a day of attendance for first grade pupils, and pupils
8    in full day kindergartens, and a session of 2 or more hours
9    may be counted as 1/2 day of attendance by pupils in
10    kindergartens which provide only 1/2 day of attendance.
11        (g) For children with disabilities who are below the
12    age of 6 years and who cannot attend 2 or more clock hours
13    because of their disability or immaturity, a session of not
14    less than one clock hour may be counted as 1/2 day of
15    attendance; however for such children whose educational
16    needs so require a session of 4 or more clock hours may be
17    counted as a full day of attendance.
18        (h) A recognized kindergarten which provides for only
19    1/2 day of attendance by each pupil shall not have more
20    than 1/2 day of attendance counted in any one day. However,
21    kindergartens may count 2 1/2 days of attendance in any 5
22    consecutive school days. When a pupil attends such a
23    kindergarten for 2 half days on any one school day, the
24    pupil shall have the following day as a day absent from
25    school, unless the school district obtains permission in
26    writing from the State Superintendent of Education.

 

 

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1    Attendance at kindergartens which provide for a full day of
2    attendance by each pupil shall be counted the same as
3    attendance by first grade pupils. Only the first year of
4    attendance in one kindergarten shall be counted, except in
5    case of children who entered the kindergarten in their
6    fifth year whose educational development requires a second
7    year of kindergarten as determined under the rules and
8    regulations of the State Board of Education.
9        (i) On the days when the assessment that includes a
10    college and career ready determination Prairie State
11    Achievement Examination is administered under subsection
12    (c) of Section 2-3.64a-5 2-3.64 of this Code, the day of
13    attendance for a pupil whose school day must be shortened
14    to accommodate required testing procedures may be less than
15    5 clock hours and shall be counted towards the 176 days of
16    actual pupil attendance required under Section 10-19 of
17    this Code, provided that a sufficient number of minutes of
18    school work in excess of 5 clock hours are first completed
19    on other school days to compensate for the loss of school
20    work on the examination days.
21        (j) Pupils enrolled in a remote educational program
22    established under Section 10-29 of this Code may be counted
23    on the basis of one-fifth day of attendance for every clock
24    hour of instruction attended in the remote educational
25    program, provided that, in any month, the school district
26    may not claim for a student enrolled in a remote

 

 

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1    educational program more days of attendance than the
2    maximum number of days of attendance the district can claim
3    (i) for students enrolled in a building holding year-round
4    classes if the student is classified as participating in
5    the remote educational program on a year-round schedule or
6    (ii) for students enrolled in a building not holding
7    year-round classes if the student is not classified as
8    participating in the remote educational program on a
9    year-round schedule.
 
10(G) Equalized Assessed Valuation Data.
11    (1) For purposes of the calculation of Available Local
12Resources required pursuant to subsection (D), the State Board
13of Education shall secure from the Department of Revenue the
14value as equalized or assessed by the Department of Revenue of
15all taxable property of every school district, together with
16(i) the applicable tax rate used in extending taxes for the
17funds of the district as of September 30 of the previous year
18and (ii) the limiting rate for all school districts subject to
19property tax extension limitations as imposed under the
20Property Tax Extension Limitation Law.
21    The Department of Revenue shall add to the equalized
22assessed value of all taxable property of each school district
23situated entirely or partially within a county that is or was
24subject to the provisions of Section 15-176 or 15-177 of the
25Property Tax Code (a) an amount equal to the total amount by

 

 

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1which the homestead exemption allowed under Section 15-176 or
215-177 of the Property Tax Code for real property situated in
3that school district exceeds the total amount that would have
4been allowed in that school district if the maximum reduction
5under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
6all other counties in tax year 2003 or (ii) $5,000 in all
7counties in tax year 2004 and thereafter and (b) an amount
8equal to the aggregate amount for the taxable year of all
9additional exemptions under Section 15-175 of the Property Tax
10Code for owners with a household income of $30,000 or less. The
11county clerk of any county that is or was subject to the
12provisions of Section 15-176 or 15-177 of the Property Tax Code
13shall annually calculate and certify to the Department of
14Revenue for each school district all homestead exemption
15amounts under Section 15-176 or 15-177 of the Property Tax Code
16and all amounts of additional exemptions under Section 15-175
17of the Property Tax Code for owners with a household income of
18$30,000 or less. It is the intent of this paragraph that if the
19general homestead exemption for a parcel of property is
20determined under Section 15-176 or 15-177 of the Property Tax
21Code rather than Section 15-175, then the calculation of
22Available Local Resources shall not be affected by the
23difference, if any, between the amount of the general homestead
24exemption allowed for that parcel of property under Section
2515-176 or 15-177 of the Property Tax Code and the amount that
26would have been allowed had the general homestead exemption for

 

 

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1that parcel of property been determined under Section 15-175 of
2the Property Tax Code. It is further the intent of this
3paragraph that if additional exemptions are allowed under
4Section 15-175 of the Property Tax Code for owners with a
5household income of less than $30,000, then the calculation of
6Available Local Resources shall not be affected by the
7difference, if any, because of those additional exemptions.
8    This equalized assessed valuation, as adjusted further by
9the requirements of this subsection, shall be utilized in the
10calculation of Available Local Resources.
11    (2) The equalized assessed valuation in paragraph (1) shall
12be adjusted, as applicable, in the following manner:
13        (a) For the purposes of calculating State aid under
14    this Section, with respect to any part of a school district
15    within a redevelopment project area in respect to which a
16    municipality has adopted tax increment allocation
17    financing pursuant to the Tax Increment Allocation
18    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
19    of the Illinois Municipal Code or the Industrial Jobs
20    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
21    Illinois Municipal Code, no part of the current equalized
22    assessed valuation of real property located in any such
23    project area which is attributable to an increase above the
24    total initial equalized assessed valuation of such
25    property shall be used as part of the equalized assessed
26    valuation of the district, until such time as all

 

 

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1    redevelopment project costs have been paid, as provided in
2    Section 11-74.4-8 of the Tax Increment Allocation
3    Redevelopment Act or in Section 11-74.6-35 of the
4    Industrial Jobs Recovery Law. For the purpose of the
5    equalized assessed valuation of the district, the total
6    initial equalized assessed valuation or the current
7    equalized assessed valuation, whichever is lower, shall be
8    used until such time as all redevelopment project costs
9    have been paid.
10        (b) The real property equalized assessed valuation for
11    a school district shall be adjusted by subtracting from the
12    real property value as equalized or assessed by the
13    Department of Revenue for the district an amount computed
14    by dividing the amount of any abatement of taxes under
15    Section 18-170 of the Property Tax Code by 3.00% for a
16    district maintaining grades kindergarten through 12, by
17    2.30% for a district maintaining grades kindergarten
18    through 8, or by 1.05% for a district maintaining grades 9
19    through 12 and adjusted by an amount computed by dividing
20    the amount of any abatement of taxes under subsection (a)
21    of Section 18-165 of the Property Tax Code by the same
22    percentage rates for district type as specified in this
23    subparagraph (b).
24    (3) For the 1999-2000 school year and each school year
25thereafter, if a school district meets all of the criteria of
26this subsection (G)(3), the school district's Available Local

 

 

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1Resources shall be calculated under subsection (D) using the
2district's Extension Limitation Equalized Assessed Valuation
3as calculated under this subsection (G)(3).
4    For purposes of this subsection (G)(3) the following terms
5shall have the following meanings:
6        "Budget Year": The school year for which general State
7    aid is calculated and awarded under subsection (E).
8        "Base Tax Year": The property tax levy year used to
9    calculate the Budget Year allocation of general State aid.
10        "Preceding Tax Year": The property tax levy year
11    immediately preceding the Base Tax Year.
12        "Base Tax Year's Tax Extension": The product of the
13    equalized assessed valuation utilized by the County Clerk
14    in the Base Tax Year multiplied by the limiting rate as
15    calculated by the County Clerk and defined in the Property
16    Tax Extension Limitation Law.
17        "Preceding Tax Year's Tax Extension": The product of
18    the equalized assessed valuation utilized by the County
19    Clerk in the Preceding Tax Year multiplied by the Operating
20    Tax Rate as defined in subsection (A).
21        "Extension Limitation Ratio": A numerical ratio,
22    certified by the County Clerk, in which the numerator is
23    the Base Tax Year's Tax Extension and the denominator is
24    the Preceding Tax Year's Tax Extension.
25        "Operating Tax Rate": The operating tax rate as defined
26    in subsection (A).

 

 

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1    If a school district is subject to property tax extension
2limitations as imposed under the Property Tax Extension
3Limitation Law, the State Board of Education shall calculate
4the Extension Limitation Equalized Assessed Valuation of that
5district. For the 1999-2000 school year, the Extension
6Limitation Equalized Assessed Valuation of a school district as
7calculated by the State Board of Education shall be equal to
8the product of the district's 1996 Equalized Assessed Valuation
9and the district's Extension Limitation Ratio. Except as
10otherwise provided in this paragraph for a school district that
11has approved or does approve an increase in its limiting rate,
12for the 2000-2001 school year and each school year thereafter,
13the Extension Limitation Equalized Assessed Valuation of a
14school district as calculated by the State Board of Education
15shall be equal to the product of the Equalized Assessed
16Valuation last used in the calculation of general State aid and
17the district's Extension Limitation Ratio. If the Extension
18Limitation Equalized Assessed Valuation of a school district as
19calculated under this subsection (G)(3) is less than the
20district's equalized assessed valuation as calculated pursuant
21to subsections (G)(1) and (G)(2), then for purposes of
22calculating the district's general State aid for the Budget
23Year pursuant to subsection (E), that Extension Limitation
24Equalized Assessed Valuation shall be utilized to calculate the
25district's Available Local Resources under subsection (D). For
26the 2009-2010 school year and each school year thereafter, if a

 

 

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1school district has approved or does approve an increase in its
2limiting rate, pursuant to Section 18-190 of the Property Tax
3Code, affecting the Base Tax Year, the Extension Limitation
4Equalized Assessed Valuation of the school district, as
5calculated by the State Board of Education, shall be equal to
6the product of the Equalized Assessed Valuation last used in
7the calculation of general State aid times an amount equal to
8one plus the percentage increase, if any, in the Consumer Price
9Index for all Urban Consumers for all items published by the
10United States Department of Labor for the 12-month calendar
11year preceding the Base Tax Year, plus the Equalized Assessed
12Valuation of new property, annexed property, and recovered tax
13increment value and minus the Equalized Assessed Valuation of
14disconnected property. New property and recovered tax
15increment value shall have the meanings set forth in the
16Property Tax Extension Limitation Law.
17    Partial elementary unit districts created in accordance
18with Article 11E of this Code shall not be eligible for the
19adjustment in this subsection (G)(3) until the fifth year
20following the effective date of the reorganization.
21    (3.5) For the 2010-2011 school year and each school year
22thereafter, if a school district's boundaries span multiple
23counties, then the Department of Revenue shall send to the
24State Board of Education, for the purpose of calculating
25general State aid, the limiting rate and individual rates by
26purpose for the county that contains the majority of the school

 

 

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1district's Equalized Assessed Valuation.
2    (4) For the purposes of calculating general State aid for
3the 1999-2000 school year only, if a school district
4experienced a triennial reassessment on the equalized assessed
5valuation used in calculating its general State financial aid
6apportionment for the 1998-1999 school year, the State Board of
7Education shall calculate the Extension Limitation Equalized
8Assessed Valuation that would have been used to calculate the
9district's 1998-1999 general State aid. This amount shall equal
10the product of the equalized assessed valuation used to
11calculate general State aid for the 1997-1998 school year and
12the district's Extension Limitation Ratio. If the Extension
13Limitation Equalized Assessed Valuation of the school district
14as calculated under this paragraph (4) is less than the
15district's equalized assessed valuation utilized in
16calculating the district's 1998-1999 general State aid
17allocation, then for purposes of calculating the district's
18general State aid pursuant to paragraph (5) of subsection (E),
19that Extension Limitation Equalized Assessed Valuation shall
20be utilized to calculate the district's Available Local
21Resources.
22    (5) For school districts having a majority of their
23equalized assessed valuation in any county except Cook, DuPage,
24Kane, Lake, McHenry, or Will, if the amount of general State
25aid allocated to the school district for the 1999-2000 school
26year under the provisions of subsection (E), (H), and (J) of

 

 

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1this Section is less than the amount of general State aid
2allocated to the district for the 1998-1999 school year under
3these subsections, then the general State aid of the district
4for the 1999-2000 school year only shall be increased by the
5difference between these amounts. The total payments made under
6this paragraph (5) shall not exceed $14,000,000. Claims shall
7be prorated if they exceed $14,000,000.
 
8(H) Supplemental General State Aid.
9    (1) In addition to the general State aid a school district
10is allotted pursuant to subsection (E), qualifying school
11districts shall receive a grant, paid in conjunction with a
12district's payments of general State aid, for supplemental
13general State aid based upon the concentration level of
14children from low-income households within the school
15district. Supplemental State aid grants provided for school
16districts under this subsection shall be appropriated for
17distribution to school districts as part of the same line item
18in which the general State financial aid of school districts is
19appropriated under this Section.
20    (1.5) This paragraph (1.5) applies only to those school
21years preceding the 2003-2004 school year. For purposes of this
22subsection (H), the term "Low-Income Concentration Level"
23shall be the low-income eligible pupil count from the most
24recently available federal census divided by the Average Daily
25Attendance of the school district. If, however, (i) the

 

 

SB3412 Enrolled- 53 -LRB098 19883 NHT 55102 b

1percentage decrease from the 2 most recent federal censuses in
2the low-income eligible pupil count of a high school district
3with fewer than 400 students exceeds by 75% or more the
4percentage change in the total low-income eligible pupil count
5of contiguous elementary school districts, whose boundaries
6are coterminous with the high school district, or (ii) a high
7school district within 2 counties and serving 5 elementary
8school districts, whose boundaries are coterminous with the
9high school district, has a percentage decrease from the 2 most
10recent federal censuses in the low-income eligible pupil count
11and there is a percentage increase in the total low-income
12eligible pupil count of a majority of the elementary school
13districts in excess of 50% from the 2 most recent federal
14censuses, then the high school district's low-income eligible
15pupil count from the earlier federal census shall be the number
16used as the low-income eligible pupil count for the high school
17district, for purposes of this subsection (H). The changes made
18to this paragraph (1) by Public Act 92-28 shall apply to
19supplemental general State aid grants for school years
20preceding the 2003-2004 school year that are paid in fiscal
21year 1999 or thereafter and to any State aid payments made in
22fiscal year 1994 through fiscal year 1998 pursuant to
23subsection 1(n) of Section 18-8 of this Code (which was
24repealed on July 1, 1998), and any high school district that is
25affected by Public Act 92-28 is entitled to a recomputation of
26its supplemental general State aid grant or State aid paid in

 

 

SB3412 Enrolled- 54 -LRB098 19883 NHT 55102 b

1any of those fiscal years. This recomputation shall not be
2affected by any other funding.
3    (1.10) This paragraph (1.10) applies to the 2003-2004
4school year and each school year thereafter. For purposes of
5this subsection (H), the term "Low-Income Concentration Level"
6shall, for each fiscal year, be the low-income eligible pupil
7count as of July 1 of the immediately preceding fiscal year (as
8determined by the Department of Human Services based on the
9number of pupils who are eligible for at least one of the
10following low income programs: Medicaid, the Children's Health
11Insurance Program, TANF, or Food Stamps, excluding pupils who
12are eligible for services provided by the Department of
13Children and Family Services, averaged over the 2 immediately
14preceding fiscal years for fiscal year 2004 and over the 3
15immediately preceding fiscal years for each fiscal year
16thereafter) divided by the Average Daily Attendance of the
17school district.
18    (2) Supplemental general State aid pursuant to this
19subsection (H) shall be provided as follows for the 1998-1999,
201999-2000, and 2000-2001 school years only:
21        (a) For any school district with a Low Income
22    Concentration Level of at least 20% and less than 35%, the
23    grant for any school year shall be $800 multiplied by the
24    low income eligible pupil count.
25        (b) For any school district with a Low Income
26    Concentration Level of at least 35% and less than 50%, the

 

 

SB3412 Enrolled- 55 -LRB098 19883 NHT 55102 b

1    grant for the 1998-1999 school year shall be $1,100
2    multiplied by the low income eligible pupil count.
3        (c) For any school district with a Low Income
4    Concentration Level of at least 50% and less than 60%, the
5    grant for the 1998-99 school year shall be $1,500
6    multiplied by the low income eligible pupil count.
7        (d) For any school district with a Low Income
8    Concentration Level of 60% or more, the grant for the
9    1998-99 school year shall be $1,900 multiplied by the low
10    income eligible pupil count.
11        (e) For the 1999-2000 school year, the per pupil amount
12    specified in subparagraphs (b), (c), and (d) immediately
13    above shall be increased to $1,243, $1,600, and $2,000,
14    respectively.
15        (f) For the 2000-2001 school year, the per pupil
16    amounts specified in subparagraphs (b), (c), and (d)
17    immediately above shall be $1,273, $1,640, and $2,050,
18    respectively.
19    (2.5) Supplemental general State aid pursuant to this
20subsection (H) shall be provided as follows for the 2002-2003
21school year:
22        (a) For any school district with a Low Income
23    Concentration Level of less than 10%, the grant for each
24    school year shall be $355 multiplied by the low income
25    eligible pupil count.
26        (b) For any school district with a Low Income

 

 

SB3412 Enrolled- 56 -LRB098 19883 NHT 55102 b

1    Concentration Level of at least 10% and less than 20%, the
2    grant for each school year shall be $675 multiplied by the
3    low income eligible pupil count.
4        (c) For any school district with a Low Income
5    Concentration Level of at least 20% and less than 35%, the
6    grant for each school year shall be $1,330 multiplied by
7    the low income eligible pupil count.
8        (d) For any school district with a Low Income
9    Concentration Level of at least 35% and less than 50%, the
10    grant for each school year shall be $1,362 multiplied by
11    the low income eligible pupil count.
12        (e) For any school district with a Low Income
13    Concentration Level of at least 50% and less than 60%, the
14    grant for each school year shall be $1,680 multiplied by
15    the low income eligible pupil count.
16        (f) For any school district with a Low Income
17    Concentration Level of 60% or more, the grant for each
18    school year shall be $2,080 multiplied by the low income
19    eligible pupil count.
20    (2.10) Except as otherwise provided, supplemental general
21State aid pursuant to this subsection (H) shall be provided as
22follows for the 2003-2004 school year and each school year
23thereafter:
24        (a) For any school district with a Low Income
25    Concentration Level of 15% or less, the grant for each
26    school year shall be $355 multiplied by the low income

 

 

SB3412 Enrolled- 57 -LRB098 19883 NHT 55102 b

1    eligible pupil count.
2        (b) For any school district with a Low Income
3    Concentration Level greater than 15%, the grant for each
4    school year shall be $294.25 added to the product of $2,700
5    and the square of the Low Income Concentration Level, all
6    multiplied by the low income eligible pupil count.
7    For the 2003-2004 school year and each school year
8thereafter through the 2008-2009 school year only, the grant
9shall be no less than the grant for the 2002-2003 school year.
10For the 2009-2010 school year only, the grant shall be no less
11than the grant for the 2002-2003 school year multiplied by
120.66. For the 2010-2011 school year only, the grant shall be no
13less than the grant for the 2002-2003 school year multiplied by
140.33. Notwithstanding the provisions of this paragraph to the
15contrary, if for any school year supplemental general State aid
16grants are prorated as provided in paragraph (1) of this
17subsection (H), then the grants under this paragraph shall be
18prorated.
19    For the 2003-2004 school year only, the grant shall be no
20greater than the grant received during the 2002-2003 school
21year added to the product of 0.25 multiplied by the difference
22between the grant amount calculated under subsection (a) or (b)
23of this paragraph (2.10), whichever is applicable, and the
24grant received during the 2002-2003 school year. For the
252004-2005 school year only, the grant shall be no greater than
26the grant received during the 2002-2003 school year added to

 

 

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1the product of 0.50 multiplied by the difference between the
2grant amount calculated under subsection (a) or (b) of this
3paragraph (2.10), whichever is applicable, and the grant
4received during the 2002-2003 school year. For the 2005-2006
5school year only, the grant shall be no greater than the grant
6received during the 2002-2003 school year added to the product
7of 0.75 multiplied by the difference between the grant amount
8calculated under subsection (a) or (b) of this paragraph
9(2.10), whichever is applicable, and the grant received during
10the 2002-2003 school year.
11    (3) School districts with an Average Daily Attendance of
12more than 1,000 and less than 50,000 that qualify for
13supplemental general State aid pursuant to this subsection
14shall submit a plan to the State Board of Education prior to
15October 30 of each year for the use of the funds resulting from
16this grant of supplemental general State aid for the
17improvement of instruction in which priority is given to
18meeting the education needs of disadvantaged children. Such
19plan shall be submitted in accordance with rules and
20regulations promulgated by the State Board of Education.
21    (4) School districts with an Average Daily Attendance of
2250,000 or more that qualify for supplemental general State aid
23pursuant to this subsection shall be required to distribute
24from funds available pursuant to this Section, no less than
25$261,000,000 in accordance with the following requirements:
26        (a) The required amounts shall be distributed to the

 

 

SB3412 Enrolled- 59 -LRB098 19883 NHT 55102 b

1    attendance centers within the district in proportion to the
2    number of pupils enrolled at each attendance center who are
3    eligible to receive free or reduced-price lunches or
4    breakfasts under the federal Child Nutrition Act of 1966
5    and under the National School Lunch Act during the
6    immediately preceding school year.
7        (b) The distribution of these portions of supplemental
8    and general State aid among attendance centers according to
9    these requirements shall not be compensated for or
10    contravened by adjustments of the total of other funds
11    appropriated to any attendance centers, and the Board of
12    Education shall utilize funding from one or several sources
13    in order to fully implement this provision annually prior
14    to the opening of school.
15        (c) Each attendance center shall be provided by the
16    school district a distribution of noncategorical funds and
17    other categorical funds to which an attendance center is
18    entitled under law in order that the general State aid and
19    supplemental general State aid provided by application of
20    this subsection supplements rather than supplants the
21    noncategorical funds and other categorical funds provided
22    by the school district to the attendance centers.
23        (d) Any funds made available under this subsection that
24    by reason of the provisions of this subsection are not
25    required to be allocated and provided to attendance centers
26    may be used and appropriated by the board of the district

 

 

SB3412 Enrolled- 60 -LRB098 19883 NHT 55102 b

1    for any lawful school purpose.
2        (e) Funds received by an attendance center pursuant to
3    this subsection shall be used by the attendance center at
4    the discretion of the principal and local school council
5    for programs to improve educational opportunities at
6    qualifying schools through the following programs and
7    services: early childhood education, reduced class size or
8    improved adult to student classroom ratio, enrichment
9    programs, remedial assistance, attendance improvement, and
10    other educationally beneficial expenditures which
11    supplement the regular and basic programs as determined by
12    the State Board of Education. Funds provided shall not be
13    expended for any political or lobbying purposes as defined
14    by board rule.
15        (f) Each district subject to the provisions of this
16    subdivision (H)(4) shall submit an acceptable plan to meet
17    the educational needs of disadvantaged children, in
18    compliance with the requirements of this paragraph, to the
19    State Board of Education prior to July 15 of each year.
20    This plan shall be consistent with the decisions of local
21    school councils concerning the school expenditure plans
22    developed in accordance with part 4 of Section 34-2.3. The
23    State Board shall approve or reject the plan within 60 days
24    after its submission. If the plan is rejected, the district
25    shall give written notice of intent to modify the plan
26    within 15 days of the notification of rejection and then

 

 

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1    submit a modified plan within 30 days after the date of the
2    written notice of intent to modify. Districts may amend
3    approved plans pursuant to rules promulgated by the State
4    Board of Education.
5        Upon notification by the State Board of Education that
6    the district has not submitted a plan prior to July 15 or a
7    modified plan within the time period specified herein, the
8    State aid funds affected by that plan or modified plan
9    shall be withheld by the State Board of Education until a
10    plan or modified plan is submitted.
11        If the district fails to distribute State aid to
12    attendance centers in accordance with an approved plan, the
13    plan for the following year shall allocate funds, in
14    addition to the funds otherwise required by this
15    subsection, to those attendance centers which were
16    underfunded during the previous year in amounts equal to
17    such underfunding.
18        For purposes of determining compliance with this
19    subsection in relation to the requirements of attendance
20    center funding, each district subject to the provisions of
21    this subsection shall submit as a separate document by
22    December 1 of each year a report of expenditure data for
23    the prior year in addition to any modification of its
24    current plan. If it is determined that there has been a
25    failure to comply with the expenditure provisions of this
26    subsection regarding contravention or supplanting, the

 

 

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1    State Superintendent of Education shall, within 60 days of
2    receipt of the report, notify the district and any affected
3    local school council. The district shall within 45 days of
4    receipt of that notification inform the State
5    Superintendent of Education of the remedial or corrective
6    action to be taken, whether by amendment of the current
7    plan, if feasible, or by adjustment in the plan for the
8    following year. Failure to provide the expenditure report
9    or the notification of remedial or corrective action in a
10    timely manner shall result in a withholding of the affected
11    funds.
12        The State Board of Education shall promulgate rules and
13    regulations to implement the provisions of this
14    subsection. No funds shall be released under this
15    subdivision (H)(4) to any district that has not submitted a
16    plan that has been approved by the State Board of
17    Education.
 
18(I) (Blank).
 
19(J) (Blank).
 
20(K) Grants to Laboratory and Alternative Schools.
21    In calculating the amount to be paid to the governing board
22of a public university that operates a laboratory school under
23this Section or to any alternative school that is operated by a

 

 

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1regional superintendent of schools, the State Board of
2Education shall require by rule such reporting requirements as
3it deems necessary.
4    As used in this Section, "laboratory school" means a public
5school which is created and operated by a public university and
6approved by the State Board of Education. The governing board
7of a public university which receives funds from the State
8Board under this subsection (K) may not increase the number of
9students enrolled in its laboratory school from a single
10district, if that district is already sending 50 or more
11students, except under a mutual agreement between the school
12board of a student's district of residence and the university
13which operates the laboratory school. A laboratory school may
14not have more than 1,000 students, excluding students with
15disabilities in a special education program.
16    As used in this Section, "alternative school" means a
17public school which is created and operated by a Regional
18Superintendent of Schools and approved by the State Board of
19Education. Such alternative schools may offer courses of
20instruction for which credit is given in regular school
21programs, courses to prepare students for the high school
22equivalency testing program or vocational and occupational
23training. A regional superintendent of schools may contract
24with a school district or a public community college district
25to operate an alternative school. An alternative school serving
26more than one educational service region may be established by

 

 

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1the regional superintendents of schools of the affected
2educational service regions. An alternative school serving
3more than one educational service region may be operated under
4such terms as the regional superintendents of schools of those
5educational service regions may agree.
6    Each laboratory and alternative school shall file, on forms
7provided by the State Superintendent of Education, an annual
8State aid claim which states the Average Daily Attendance of
9the school's students by month. The best 3 months' Average
10Daily Attendance shall be computed for each school. The general
11State aid entitlement shall be computed by multiplying the
12applicable Average Daily Attendance by the Foundation Level as
13determined under this Section.
 
14(L) Payments, Additional Grants in Aid and Other Requirements.
15    (1) For a school district operating under the financial
16supervision of an Authority created under Article 34A, the
17general State aid otherwise payable to that district under this
18Section, but not the supplemental general State aid, shall be
19reduced by an amount equal to the budget for the operations of
20the Authority as certified by the Authority to the State Board
21of Education, and an amount equal to such reduction shall be
22paid to the Authority created for such district for its
23operating expenses in the manner provided in Section 18-11. The
24remainder of general State school aid for any such district
25shall be paid in accordance with Article 34A when that Article

 

 

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1provides for a disposition other than that provided by this
2Article.
3    (2) (Blank).
4    (3) Summer school. Summer school payments shall be made as
5provided in Section 18-4.3.
 
6(M) Education Funding Advisory Board.
7    The Education Funding Advisory Board, hereinafter in this
8subsection (M) referred to as the "Board", is hereby created.
9The Board shall consist of 5 members who are appointed by the
10Governor, by and with the advice and consent of the Senate. The
11members appointed shall include representatives of education,
12business, and the general public. One of the members so
13appointed shall be designated by the Governor at the time the
14appointment is made as the chairperson of the Board. The
15initial members of the Board may be appointed any time after
16the effective date of this amendatory Act of 1997. The regular
17term of each member of the Board shall be for 4 years from the
18third Monday of January of the year in which the term of the
19member's appointment is to commence, except that of the 5
20initial members appointed to serve on the Board, the member who
21is appointed as the chairperson shall serve for a term that
22commences on the date of his or her appointment and expires on
23the third Monday of January, 2002, and the remaining 4 members,
24by lots drawn at the first meeting of the Board that is held
25after all 5 members are appointed, shall determine 2 of their

 

 

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1number to serve for terms that commence on the date of their
2respective appointments and expire on the third Monday of
3January, 2001, and 2 of their number to serve for terms that
4commence on the date of their respective appointments and
5expire on the third Monday of January, 2000. All members
6appointed to serve on the Board shall serve until their
7respective successors are appointed and confirmed. Vacancies
8shall be filled in the same manner as original appointments. If
9a vacancy in membership occurs at a time when the Senate is not
10in session, the Governor shall make a temporary appointment
11until the next meeting of the Senate, when he or she shall
12appoint, by and with the advice and consent of the Senate, a
13person to fill that membership for the unexpired term. If the
14Senate is not in session when the initial appointments are
15made, those appointments shall be made as in the case of
16vacancies.
17    The Education Funding Advisory Board shall be deemed
18established, and the initial members appointed by the Governor
19to serve as members of the Board shall take office, on the date
20that the Governor makes his or her appointment of the fifth
21initial member of the Board, whether those initial members are
22then serving pursuant to appointment and confirmation or
23pursuant to temporary appointments that are made by the
24Governor as in the case of vacancies.
25    The State Board of Education shall provide such staff
26assistance to the Education Funding Advisory Board as is

 

 

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1reasonably required for the proper performance by the Board of
2its responsibilities.
3    For school years after the 2000-2001 school year, the
4Education Funding Advisory Board, in consultation with the
5State Board of Education, shall make recommendations as
6provided in this subsection (M) to the General Assembly for the
7foundation level under subdivision (B)(3) of this Section and
8for the supplemental general State aid grant level under
9subsection (H) of this Section for districts with high
10concentrations of children from poverty. The recommended
11foundation level shall be determined based on a methodology
12which incorporates the basic education expenditures of
13low-spending schools exhibiting high academic performance. The
14Education Funding Advisory Board shall make such
15recommendations to the General Assembly on January 1 of odd
16numbered years, beginning January 1, 2001.
 
17(N) (Blank).
 
18(O) References.
19    (1) References in other laws to the various subdivisions of
20Section 18-8 as that Section existed before its repeal and
21replacement by this Section 18-8.05 shall be deemed to refer to
22the corresponding provisions of this Section 18-8.05, to the
23extent that those references remain applicable.
24    (2) References in other laws to State Chapter 1 funds shall

 

 

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1be deemed to refer to the supplemental general State aid
2provided under subsection (H) of this Section.
 
3(P) Public Act 93-838 and Public Act 93-808 make inconsistent
4changes to this Section. Under Section 6 of the Statute on
5Statutes there is an irreconcilable conflict between Public Act
693-808 and Public Act 93-838. Public Act 93-838, being the last
7acted upon, is controlling. The text of Public Act 93-838 is
8the law regardless of the text of Public Act 93-808.
9(Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300,
10eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09;
1196-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff.
1211-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742,
13eff. 6-30-13; 97-813, eff. 7-13-12.)
 
14    (105 ILCS 5/21B-75)
15    Sec. 21B-75. Suspension or revocation of license.
16    (a) As used in this Section, "teacher" means any school
17district employee regularly required to be licensed, as
18provided in this Article, in order to teach or supervise in the
19public schools.
20    (b) The State Superintendent of Education has the exclusive
21authority, in accordance with this Section and any rules
22adopted by the State Board of Education, in consultation with
23the State Educator Preparation and Licensure Board, to initiate
24the suspension of up to 5 calendar years or revocation of any

 

 

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1license issued pursuant to this Article for abuse or neglect of
2a child, immorality, a condition of health detrimental to the
3welfare of pupils, incompetency, unprofessional conduct (which
4includes the failure to disclose on an employment application
5any previous conviction for a sex offense, as defined in
6Section 21B-80 of this Code, or any other offense committed in
7any other state or against the laws of the United States that,
8if committed in this State, would be punishable as a sex
9offense, as defined in Section 21B-80 of this Code), the
10neglect of any professional duty, willful failure to report an
11instance of suspected child abuse or neglect as required by the
12Abused and Neglected Child Reporting Act, failure to establish
13satisfactory repayment on an educational loan guaranteed by the
14Illinois Student Assistance Commission, or other just cause.
15Unprofessional conduct shall include the refusal to attend or
16participate in institutes, teachers' meetings, or professional
17readings or to meet other reasonable requirements of the
18regional superintendent of schools or State Superintendent of
19Education. Unprofessional conduct also includes conduct that
20violates the standards, ethics, or rules applicable to the
21security, administration, monitoring, or scoring of or the
22reporting of scores from any assessment test or examination
23administered under Section 2-3.64a-5 2-3.64 of this Code or
24that is known or intended to produce or report manipulated or
25artificial, rather than actual, assessment or achievement
26results or gains from the administration of those tests or

 

 

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1examinations. Unprofessional conduct shall also include
2neglect or unnecessary delay in the making of statistical and
3other reports required by school officers. Incompetency shall
4include, without limitation, 2 or more school terms of service
5for which the license holder has received an unsatisfactory
6rating on a performance evaluation conducted pursuant to
7Article 24A of this Code within a period of 7 school terms of
8service. In determining whether to initiate action against one
9or more licenses based on incompetency and the recommended
10sanction for such action, the State Superintendent shall
11consider factors that include without limitation all of the
12following:
13        (1) Whether the unsatisfactory evaluation ratings
14    occurred prior to June 13, 2011 (the effective date of
15    Public Act 97-8).
16        (2) Whether the unsatisfactory evaluation ratings
17    occurred prior to or after the implementation date, as
18    defined in Section 24A-2.5 of this Code, of an evaluation
19    system for teachers in a school district.
20        (3) Whether the evaluator or evaluators who performed
21    an unsatisfactory evaluation met the pre-licensure and
22    training requirements set forth in Section 24A-3 of this
23    Code.
24        (4) The time between the unsatisfactory evaluation
25    ratings.
26        (5) The quality of the remediation plans associated

 

 

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1    with the unsatisfactory evaluation ratings and whether the
2    license holder successfully completed the remediation
3    plans.
4        (6) Whether the unsatisfactory evaluation ratings were
5    related to the same or different assignments performed by
6    the license holder.
7        (7) Whether one or more of the unsatisfactory
8    evaluation ratings occurred in the first year of a teaching
9    or administrative assignment.
10When initiating an action against one or more licenses, the
11State Superintendent may seek required professional
12development as a sanction in lieu of or in addition to
13suspension or revocation. Any such required professional
14development must be at the expense of the license holder, who
15may use, if available and applicable to the requirements
16established by administrative or court order, training,
17coursework, or other professional development funds in
18accordance with the terms of an applicable collective
19bargaining agreement entered into after June 13, 2011 (the
20effective date of Public Act 97-8), unless that agreement
21specifically precludes use of funds for such purpose.
22    (c) The State Superintendent of Education shall, upon
23receipt of evidence of abuse or neglect of a child, immorality,
24a condition of health detrimental to the welfare of pupils,
25incompetency (subject to subsection (b) of this Section),
26unprofessional conduct, the neglect of any professional duty,

 

 

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1or other just cause, further investigate and, if and as
2appropriate, serve written notice to the individual and afford
3the individual opportunity for a hearing prior to suspension,
4revocation, or other sanction; provided that the State
5Superintendent is under no obligation to initiate such an
6investigation if the Department of Children and Family Services
7is investigating the same or substantially similar allegations
8and its child protective service unit has not made its
9determination, as required under Section 7.12 of the Abused and
10Neglected Child Reporting Act. If the State Superintendent of
11Education does not receive from an individual a request for a
12hearing within 10 days after the individual receives notice,
13the suspension, revocation, or other sanction shall
14immediately take effect in accordance with the notice. If a
15hearing is requested within 10 days after notice of an
16opportunity for hearing, it shall act as a stay of proceedings
17until the State Educator Preparation and Licensure Board issues
18a decision. Any hearing shall take place in the educational
19service region where the educator is or was last employed and
20in accordance with rules adopted by the State Board of
21Education, in consultation with the State Educator Preparation
22and Licensure Board, and such rules shall include without
23limitation provisions for discovery and the sharing of
24information between parties prior to the hearing. The standard
25of proof for any administrative hearing held pursuant to this
26Section shall be by the preponderance of the evidence. The

 

 

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1decision of the State Educator Preparation and Licensure Board
2is a final administrative decision and is subject to judicial
3review by appeal of either party.
4    The State Board of Education may refuse to issue or may
5suspend the license of any person who fails to file a return or
6to pay the tax, penalty, or interest shown in a filed return or
7to pay any final assessment of tax, penalty, or interest, as
8required by any tax Act administered by the Department of
9Revenue, until such time as the requirements of any such tax
10Act are satisfied.
11    The exclusive authority of the State Superintendent of
12Education to initiate suspension or revocation of a license
13pursuant to this Section does not preclude a regional
14superintendent of schools from cooperating with the State
15Superintendent or a State's Attorney with respect to an
16investigation of alleged misconduct.
17    (d) The State Superintendent of Education or his or her
18designee may initiate and conduct such investigations as may be
19reasonably necessary to establish the existence of any alleged
20misconduct. At any stage of the investigation, the State
21Superintendent may issue a subpoena requiring the attendance
22and testimony of a witness, including the license holder, and
23the production of any evidence, including files, records,
24correspondence, or documents, relating to any matter in
25question in the investigation. The subpoena shall require a
26witness to appear at the State Board of Education at a

 

 

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1specified date and time and shall specify any evidence to be
2produced. The license holder is not entitled to be present, but
3the State Superintendent shall provide the license holder with
4a copy of any recorded testimony prior to a hearing under this
5Section. Such recorded testimony must not be used as evidence
6at a hearing, unless the license holder has adequate notice of
7the testimony and the opportunity to cross-examine the witness.
8Failure of a license holder to comply with a duly issued,
9investigatory subpoena may be grounds for revocation,
10suspension, or denial of a license.
11    (e) All correspondence, documentation, and other
12information so received by the regional superintendent of
13schools, the State Superintendent of Education, the State Board
14of Education, or the State Educator Preparation and Licensure
15Board under this Section is confidential and must not be
16disclosed to third parties, except (i) as necessary for the
17State Superintendent of Education or his or her designee to
18investigate and prosecute pursuant to this Article, (ii)
19pursuant to a court order, (iii) for disclosure to the license
20holder or his or her representative, or (iv) as otherwise
21required in this Article and provided that any such information
22admitted into evidence in a hearing is exempt from this
23confidentiality and non-disclosure requirement.
24    (f) The State Superintendent of Education or a person
25designated by him or her shall have the power to administer
26oaths to witnesses at any hearing conducted before the State

 

 

SB3412 Enrolled- 75 -LRB098 19883 NHT 55102 b

1Educator Preparation and Licensure Board pursuant to this
2Section. The State Superintendent of Education or a person
3designated by him or her is authorized to subpoena and bring
4before the State Educator Preparation and Licensure Board any
5person in this State and to take testimony either orally or by
6deposition or by exhibit, with the same fees and mileage and in
7the same manner as prescribed by law in judicial proceedings in
8civil cases in circuit courts of this State.
9    (g) Any circuit court, upon the application of the State
10Superintendent of Education or the license holder, may, by
11order duly entered, require the attendance of witnesses and the
12production of relevant books and papers as part of any
13investigation or at any hearing the State Educator Preparation
14and Licensure Board is authorized to conduct pursuant to this
15Section, and the court may compel obedience to its orders by
16proceedings for contempt.
17    (h) The State Board of Education shall receive an annual
18line item appropriation to cover fees associated with the
19investigation and prosecution of alleged educator misconduct
20and hearings related thereto.
21(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
226-13-11; 97-813, eff. 7-13-12.)
 
23    (105 ILCS 5/27A-4)
24    Sec. 27A-4. General Provisions.
25    (a) The General Assembly does not intend to alter or amend

 

 

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1the provisions of any court-ordered desegregation plan in
2effect for any school district. A charter school shall be
3subject to all federal and State laws and constitutional
4provisions prohibiting discrimination on the basis of
5disability, race, creed, color, gender, national origin,
6religion, ancestry, marital status, or need for special
7education services.
8    (b) The total number of charter schools operating under
9this Article at any one time shall not exceed 120. Not more
10than 70 charter schools shall operate at any one time in any
11city having a population exceeding 500,000, with at least 5
12charter schools devoted exclusively to students from
13low-performing or overcrowded schools operating at any one time
14in that city; and not more than 45 charter schools shall
15operate at any one time in the remainder of the State, with not
16more than one charter school that has been initiated by a board
17of education, or by an intergovernmental agreement between or
18among boards of education, operating at any one time in the
19school district where the charter school is located. In
20addition to these charter schools, up to but no more than 5
21charter schools devoted exclusively to re-enrolled high school
22dropouts and/or students 16 or 15 years old at risk of dropping
23out may operate at any one time in any city having a population
24exceeding 500,000. Notwithstanding any provision to the
25contrary in subsection (b) of Section 27A-5 of this Code, each
26such dropout charter may operate up to 15 campuses within the

 

 

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1city. Any of these dropout charters may have a maximum of 1,875
2enrollment seats, any one of the campuses of the dropout
3charter may have a maximum of 165 enrollment seats, and each
4campus of the dropout charter must be operated, through a
5contract or payroll, by the same legal entity as that for which
6the charter is approved and certified.
7    For purposes of implementing this Section, the State Board
8shall assign a number to each charter submission it receives
9under Section 27A-6 for its review and certification, based on
10the chronological order in which the submission is received by
11it. The State Board shall promptly notify local school boards
12when the maximum numbers of certified charter schools
13authorized to operate have been reached.
14    (c) No charter shall be granted under this Article that
15would convert any existing private, parochial, or non-public
16school to a charter school.
17    (d) Enrollment in a charter school shall be open to any
18pupil who resides within the geographic boundaries of the area
19served by the local school board, provided that the board of
20education in a city having a population exceeding 500,000 may
21designate attendance boundaries for no more than one-third of
22the charter schools permitted in the city if the board of
23education determines that attendance boundaries are needed to
24relieve overcrowding or to better serve low-income and at-risk
25students. Students residing within an attendance boundary may
26be given priority for enrollment, but must not be required to

 

 

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1attend the charter school.
2    (e) Nothing in this Article shall prevent 2 or more local
3school boards from jointly issuing a charter to a single shared
4charter school, provided that all of the provisions of this
5Article are met as to those local school boards.
6    (f) No local school board shall require any employee of the
7school district to be employed in a charter school.
8    (g) No local school board shall require any pupil residing
9within the geographic boundary of its district to enroll in a
10charter school.
11    (h) If there are more eligible applicants for enrollment in
12a charter school than there are spaces available, successful
13applicants shall be selected by lottery. However, priority
14shall be given to siblings of pupils enrolled in the charter
15school and to pupils who were enrolled in the charter school
16the previous school year, unless expelled for cause, and
17priority may be given to pupils residing within the charter
18school's attendance boundary, if a boundary has been designated
19by the board of education in a city having a population
20exceeding 500,000. Dual enrollment at both a charter school and
21a public school or non-public school shall not be allowed. A
22pupil who is suspended or expelled from a charter school shall
23be deemed to be suspended or expelled from the public schools
24of the school district in which the pupil resides.
25Notwithstanding anything to the contrary in this subsection
26(h):

 

 

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1        (1) any charter school with a mission exclusive to
2    educating high school dropouts may grant priority
3    admission to students who are high school dropouts and/or
4    students 16 or 15 years old at risk of dropping out and any
5    charter school with a mission exclusive to educating
6    students from low-performing or overcrowded schools may
7    restrict admission to students who are from low-performing
8    or overcrowded schools; "priority admission" for charter
9    schools exclusively devoted to re-enrolled dropouts or
10    students at risk of dropping out means a minimum of 90% of
11    students enrolled shall be high school dropouts; and
12        (2) any charter school located in a school district
13    that contains all or part of a federal military base may
14    set aside up to 33% of its current charter enrollment to
15    students with parents assigned to the federal military
16    base, with the remaining 67% subject to the general
17    enrollment and lottery requirements of subsection (d) of
18    this Section and this subsection (h); if a student with a
19    parent assigned to the federal military base withdraws from
20    the charter school during the course of a school year for
21    reasons other than grade promotion, those students with
22    parents assigned to the federal military base shall have
23    preference in filling the vacancy.
24    (i) (Blank).
25    (j) Notwithstanding any other provision of law to the
26contrary, a school district in a city having a population

 

 

SB3412 Enrolled- 80 -LRB098 19883 NHT 55102 b

1exceeding 500,000 shall not have a duty to collectively bargain
2with an exclusive representative of its employees over
3decisions to grant or deny a charter school proposal under
4Section 27A-8 of this Code, decisions to renew or revoke a
5charter under Section 27A-9 of this Code, and the impact of
6these decisions, provided that nothing in this Section shall
7have the effect of negating, abrogating, replacing, reducing,
8diminishing, or limiting in any way employee rights,
9guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
1014, and 15 of the Illinois Educational Labor Relations Act.
11    (k) In this Section:
12    "Low-performing school" means a public school in a school
13district organized under Article 34 of this Code that enrolls
14students in any of grades kindergarten through 8 and that is
15ranked within the lowest 10% of schools in that district in
16terms of the percentage of students meeting or exceeding
17standards on the assessments required under Section 2-3.64a-5
18of this Code Illinois Standards Achievement Test.
19    "Overcrowded school" means a public school in a school
20district organized under Article 34 of this Code that (i)
21enrolls students in any of grades kindergarten through 8, (ii)
22has a percentage of low-income students of 70% or more, as
23identified in the most recently available School Report Card
24published by the State Board of Education, and (iii) is
25determined by the Chicago Board of Education to be in the most
26severely overcrowded 5% of schools in the district. On or

 

 

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1before November 1 of each year, the Chicago Board of Education
2shall file a report with the State Board of Education on which
3schools in the district meet the definition of "overcrowded
4school". "Students at risk of dropping out" means students 16
5or 15 years old in a public school in a district organized
6under Article 34 of this Code that enrolls students in any
7grades 9-12 who have been absent at least 90 school attendance
8days of the previous 180 school attendance days.
9(Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11;
1097-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
 
11    (105 ILCS 5/27A-6)
12    Sec. 27A-6. Contract contents; applicability of laws and
13regulations.
14    (a) A certified charter shall constitute a binding contract
15and agreement between the charter school and a local school
16board under the terms of which the local school board
17authorizes the governing body of the charter school to operate
18the charter school on the terms specified in the contract.
19    (b) Notwithstanding any other provision of this Article,
20the certified charter may not waive or release the charter
21school from the State goals, standards, and assessments
22established pursuant to Section 2-3.64a-5 of this Code 2-3.64.
23Beginning with the 2003-2004 school year, the certified charter
24for a charter school operating in a city having a population
25exceeding 500,000 shall require the charter school to

 

 

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1administer any other nationally recognized standardized tests
2to its students that the chartering entity administers to other
3students, and the results on such tests shall be included in
4the chartering entity's assessment reports.
5    (c) Subject to the provisions of subsection (e), a material
6revision to a previously certified contract or a renewal shall
7be made with the approval of both the local school board and
8the governing body of the charter school.
9    (c-5) The proposed contract shall include a provision on
10how both parties will address minor violations of the contract.
11    (d) The proposed contract between the governing body of a
12proposed charter school and the local school board as described
13in Section 27A-7 must be submitted to and certified by the
14State Board before it can take effect. If the State Board
15recommends that the proposed contract be modified for
16consistency with this Article before it can be certified, the
17modifications must be consented to by both the governing body
18of the charter school and the local school board, and
19resubmitted to the State Board for its certification. If the
20proposed contract is resubmitted in a form that is not
21consistent with this Article, the State Board may refuse to
22certify the charter.
23    The State Board shall assign a number to each submission or
24resubmission in chronological order of receipt, and shall
25determine whether the proposed contract is consistent with the
26provisions of this Article. If the proposed contract complies,

 

 

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1the State Board shall so certify.
2    (e) No material revision to a previously certified contract
3or a renewal shall be effective unless and until the State
4Board certifies that the revision or renewal is consistent with
5the provisions of this Article.
6(Source: P.A. 93-3, eff. 4-16-03.)
 
7    (105 ILCS 5/34-8.14)
8    Sec. 34-8.14. Non-waivable provisions. Notwithstanding
9anything in this the School Code to the contrary, statutes,
10regulations, rules, and policy provisions concerning the
11following shall not be waivable:
12        (1) student Student civil rights;
13        (2) staff Staff civil rights;
14        (3) health Health and safety;
15        (4) performance Performance and financial audits;
16        (5) Local School Council provisions, including
17    required statements of economic disclosure;
18        (6) the The Open Meetings Act;
19        (7) the The Freedom of Information Act;
20        (8) the assessments required under Section 2-3.64a-5
21    of this Code The Illinois goals assessment program;
22        (9) Chicago learning outcomes;
23        (10) Sections 2-3.25a through 2-3.25j of this the
24    School Code; and
25        (11) collective Collective bargaining agreements.

 

 

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1(Source: P.A. 89-3, eff. 2-27-95.)
 
2    (105 ILCS 5/2-3.64 rep.)
3    (105 ILCS 5/2-3.64a rep.)
4    Section 10. The School Code is amended by repealing
5Sections 2-3.64 and 2-3.64a.
 
6    Section 99. Effective date. This Act takes effect July 1,
72014.