SB3362 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3362

 

Introduced 2/7/2012, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/34-18.47 new

    Amends the Chicago School District Article of the School Code. Provides that each year, 2 months prior to the district's September student membership survey, (1) the maximum number of students assigned to each teacher who is teaching courses in public school classrooms for prekindergarten through grade 3 may not exceed 18 students; (2) the maximum number of students assigned to each teacher who is teaching courses in public school classrooms for grades 4 through 8 may not exceed 22 students; and the maximum number of students assigned to each teacher who is teaching courses in public school classrooms for grades 9 through 12 may not exceed 25 students, which maximums must be maintained after the September student membership survey. Sets forth exceptions and provisions concerning the annual calculation of class size measures, reporting on class size, an implementation plan and schedule, and imposition of a civil penalty. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 adding Section
534-18.47 as follows:
 
6    (105 ILCS 5/34-18.47 new)
7    Sec. 34-18.47. Maximum class size.
8    (a) As used in this Section:
9    "Allotted homerooms" means the number of classroom spaces
10required for homeroom use, derived as a consistent and adequate
11proportion of the total number of classrooms present in a given
12facility.
13    "Ancillary classrooms" means the number of classroom
14spaces required for non-homeroom uses, such as science labs,
15computer labs, art rooms, music rooms, resource rooms, special
16education rooms, and rooms for governmental agency or community
17organization special programs, after-school programs, and
18other appropriate uses.
19    "Enrollment efficiency" means an enrollment range defined
20as ideal enrollment less 20% to ideal enrollment plus 20%.
21    "Ideal enrollment" means allotted homerooms multiplied by
22301.
23    "Inclusion teaching" means 2 or more teachers are assigned

 

 

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1to a group of students, but one of the teachers is responsible
2for only one student or a small group of students in the
3classroom.
4    "Level 3" means elementary schools receiving less than 50%
5of available points and high schools receiving less than 44% of
6available points, using the school district's School
7Performance, Remediation and Probation Policy, and schools
8also labeled as "on probation".
9    "Maximum capacity" means the number of classroom spaces
10designed as such in a given facility multiplied by 30.
11    "Overcrowded" means an enrollment range greater than
12enrollment efficiency.
13    "Team teaching" or "co-teaching" means 2 or more teachers
14are assigned to a group of students and each teacher is
15responsible for all of the students during the entire class
16period. In order to be considered team teaching or co-teaching,
17each teacher is responsible for planning, delivering, and
18evaluating instruction for all students in the class or subject
19for the entire class period.
20    "Tier I" is defined as a Title I school in federal
21improvement, corrective action, or restructuring that is
22within the lowest achieving 5% of Title I schools in this State
23in improvement, corrective action, or restructuring based on a
243-year average performance of the "All students" group for the
25percentage meeting or exceeding standards on this State's
26assessments in reading/language arts and mathematics,

 

 

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1combined, and that demonstrates a lack of progress; or a Title
2I secondary school that has an average graduation rate, as
3reported in Northern Illinois University's Illinois
4Interactive Report Card, of less than 60% over the last 3
5years.
6    "Underutilized" means an enrollment range less than
7enrollment efficiency. An elementary school building is
8allotted a number of dedicated general education homeroom
9classrooms, equaling approximately 76% of the total classrooms
10available. Each elementary school building is also allotted a
11number of ancillary classrooms equal to approximately 24% of
12the total classrooms available. As an elementary school's
13enrollment increases above the efficiency range, a school may
14be considered overcrowded as programming options are reduced or
15compromised. As an elementary school's enrollment decreases
16below the efficiency range, a school may be considered
17underutilized as classrooms are unused or poorly programmed,
18making the use of limited resources less effective. For high
19schools, the board provides an enrollment efficiency range
20based primarily upon the total number of instructional
21classrooms available in the main/permanent building. Each high
22school's design capacity, a.k.a. maximum capacity, is
23identified as a function of the total number of instructional
24classrooms multiplied by 30. A high school's enrollment that
25remains within 75% to 80% of design capacity is considered
26efficiently enrolled, while a high school's enrollment that

 

 

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1decreases below 75% of design capacity is considered
2underutilized, and a high school's enrollment that increases
3above 80% is considered overcrowded.
4    (b) Each year, 2 months prior to the school district's
5September student membership survey, the following class size
6maximums must be satisfied:
7        (1) The maximum number of students assigned to each
8    teacher who is teaching courses in public school classrooms
9    for prekindergarten through grade 3 may not exceed 18
10    students.
11        (2) The maximum number of students assigned to each
12    teacher who is teaching courses in public school classrooms
13    for grades 4 through 8 may not exceed 22 students.
14        (3) The maximum number of students assigned to each
15    teacher who is teaching courses in public school classrooms
16    for grades 9 through 12 may not exceed 25 students.
17These maximums must be maintained after the September student
18membership survey, except as provided in subsection (d) of this
19Section or due to an extreme emergency beyond the control of
20the board.
21    The chief executive officer or his or her designee shall
22publish an accurate report on class size by grade and subject
23for each school building operated by the school district on the
24district's Internet website on or before September 30 of each
25year.
26    (c) The State Board of Education shall annually calculate

 

 

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1the class size measures described in subsection (b) of this
2Section at least 2 months prior to the September student
3membership survey.
4    (d) A student who enrolls in a school after the September
5student membership survey may be assigned to an existing class
6that temporarily exceeds the maximum number of students in
7subsection (b) of this Section. If the board determines it to
8be impractical, educationally unsound, or disruptive to
9student learning to not assign the student to the class:
10        (1) up to 2 students may be assigned to a teacher in
11    kindergarten through grade 3 above the maximum as provided
12    in subdivision (1) of subsection (b) of this Section;
13        (2) up to 3 students may be assigned to a teacher in
14    grades 4 through 12 above the maximum as provided in
15    subdivision (2) or (3) of subsection (b) of this Section,
16    respectively; and
17        (3) the board shall develop a plan that provides that
18    the school will be in full compliance with the maximum
19    class size in subsection (b) of this Section by the next
20    September student membership survey.
21In classrooms where the maximum number of students exceeds 2
22students in kindergarten through grade 3 or exceeds 3 students
23in grades 4 through 12, there must be another teacher, a
24teacher's aide, or a paraprofessional or school-related
25personnel assigned to the classroom to satisfy class maximum
26determinations.

 

 

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1    (e) The board shall develop a plan that provides that the
2class size limits set forth in this Section will be implemented
3in a 4-year, phase-in schedule, beginning with the 2012-2013
4school year, using schools that meet the following criteria:
5        (1) schools designated by the federal government as
6    low-income, high poverty schools;
7        (2) schools that have been identified as "Level 3" or
8    "Tier I" or elementary schools receiving less than 50% of
9    available points and high schools receiving less than 44%
10    of available points using the school district's School
11    Performance, Remediation and Probation Policy;
12        (3) schools that have been identified by the board as
13    underutilized.
14In the absence of the school district's School Performance,
15Remediation and Probation Policy, the board shall implement the
16class size maximums specified in subsection (b) of this Section
17by designating schools that fail to make adequate yearly
18progress or average yearly progress, with adequate yearly
19progress being calculated by the State Board of Education to
20evaluate school performance under the federal No Child Left
21Behind Act of 2001 for 2 consecutive years and in buildings
22designated as underutilized based on the Chicago Public Schools
23Space Utilization Standards or the current industry standard
24for building utilization.
25    Beginning with 2013-2014 school year, the class size limits
26set forth in this Section must be implemented in schools with

 

 

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1grades K through 3. Beginning with 2014-2015 school year, the
2class size limits set forth in this Section must be implemented
3in schools with grades 4 through 8. Beginning with 2015-2016
4school year, the class size limits set forth in this Section
5must be implemented in schools with grades 9 through 12.
6    (f) The school district must consider, but is not limited
7to, implementing the following items in order to meet the class
8size maximums described in subsection (b) of this Section:
9        (1) Adopting policies to encourage qualified students
10    to take dual enrollment courses.
11        (2) Using methods to maximize the use of instructional
12    staff, such as recalling laid-off teachers or displaced
13    teachers, changing required teaching loads and the
14    scheduling of planning periods, deploying district
15    employees that have professional certification to the
16    classroom, using adjunct educators, or any other method not
17    prohibited by law.
18        (3) Using joint-use facilities through partnerships
19    with public community colleges, State universities, and
20    private colleges and universities. Joint-use facilities
21    available for use as kindergarten through grade 12
22    classrooms that do not meet the kindergarten through grade
23    12 State regulations for educational facilities in the
24    Health/Life Safety Code for Public Schools may be used at
25    the discretion of the school district, provided that such
26    facilities meet all other health, life, safety, and fire

 

 

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1    codes.
2        (4) Adopting alternative methods of class scheduling,
3    such as block scheduling.
4        (5) Redrawing school attendance zones to maximize the
5    use of facilities while minimizing the additional use of
6    transportation.
7        (6) Operating more than one session of school during
8    the day.
9        (7) Using year-round schools and other nontraditional
10    calendars that do not adversely impact the annual
11    assessment of student achievement.
12        (8) Reviewing and considering amending any collective
13    bargaining agreements that hinder the implementation of
14    class size reduction.
15        (9) Providing staffing to classrooms that fail to meet
16    the class size maximum by placing an additional certified
17    teacher, an additional paraprofessional, or additional
18    school-related personnel in the classroom when it is
19    determined that there is no more classroom space in the
20    building.
21    (g) The school district may use teaching strategies that
22include the assignment of more than one teacher to a classroom
23of students only for the following purposes:
24        (1) To maintain the prescribed student to teacher
25    ratio.
26        (2) To pair new teachers with veteran teachers.

 

 

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1        (3) To reduce turnover among new teachers.
2        (4) To pair teachers who are teaching out-of-field with
3    teachers who are in-field.
4        (5) To provide for more flexibility and innovation in
5    the classroom.
6        (6) To improve learning opportunities for students,
7    including students who have disabilities.
8    Teaching strategies, including team teaching, co-teaching,
9or inclusion teaching, implemented on or after July 1, 2013,
10may be implemented subject to the following restrictions:
11        (A) Reasonable limits must be placed on the number of
12    students in a classroom so that classrooms are not
13    overcrowded. Teacher-to-student ratios within a curriculum
14    area or grade level must not exceed legal limits.
15        (B) At least one member of the team must have at least
16    3 years of teaching experience.
17        (C) At least one member of the team must be teaching
18    in-field.
19        (D) The teachers must be trained in team-teaching
20    methods within one year after assignment.
21        (E) Placing students in combination or split-level
22    classes with differing grade levels is prohibited.
23    (h) If the State Board of Education determines that the
24number of students assigned to any individual class exceeds the
25class size maximum, as required in subsection (b) of this
26Section, based upon the September student membership survey,

 

 

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1then the State Board of Education, in an administrative
2proceeding, shall impose a civil penalty on the school district
3equal to $2,900 for every 300 minutes a class is over the
4limit. The Attorney General may bring an action in circuit
5court to enforce the collection of any monetary penalty imposed
6under this subsection (h).
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.