Illinois General Assembly - Full Text of SB1319
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Full Text of SB1319  99th General Assembly

SB1319 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1319

 

Introduced 2/18/2015, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code and Critical Health Problems and Comprehensive Health Education Act. Makes changes concerning the divisions of the State Board of Education, a block grant progress report and plan, references to English learners, educational service regions, regional and assistant regional superintendents of schools, references to educator licensure, and the advisory committee relating to the Critical Health Problems and Comprehensive Health Education Act. Repeals Sections concerning requiring certain entities to design continuing education programs, the Innovation, Intervention, and Restructuring Task Force, access to the State Board's educational network, the inspection and review of school facilities and a task force, the Ensuring Success in School Task Force, a regional professional development review committee, the Task Force on the Prevention of Sexual Abuse of Children, and the Eradicate Domestic Violence Task Force. Effective July 1, 2015.


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FISCAL NOTE ACT MAY APPLY

 

 

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 changing Sections
51A-10, 1C-4, 2-3.12, 2-3.39, 2-3.62, 2-3.64a-5, 3-1, 3-2.5,
63-11, 3-15.6, 3-15.10, 3-15.17, 10-17a, 14-8.02, 14-9.01,
714C-1, 14C-2, 14C-3, 14C-5, 14C-7, 14C-9, 14C-11, 27A-5,
834-2.4, and 34-8.17 and by renumbering and changing Section
92-3.160 as follows:
 
10    (105 ILCS 5/1A-10)
11    Sec. 1A-10. Divisions of Board. The State Board of
12Education shall have, without limitation, the following ,
13before April 1, 2005, create divisions within the Board,
14including without limitation the following:
15        (1) Educator Effectiveness Teaching and Learning
16    Services for All Children.
17        (2) Improvement and Innovation School Support Services
18    for All Schools.
19        (3) Fiscal Support Services.
20        (4) (Blank).
21        (5) Internal Auditor.
22        (6) Human Resources.
23        (7) Legal.

 

 

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1        (8) Specialized Instruction, Nutrition, and Wellness.
2        (9) Language and Early Childhood Development.
3The State Board of Education may, after consultation with the
4General Assembly, add any divisions or functions to the Board
5that it deems appropriate and consistent with Illinois law.
6(Source: P.A. 95-793, eff. 1-1-09.)
 
7    (105 ILCS 5/1C-4)
8    Sec. 1C-4. Reports. The State Superintendent of Education,
9in cooperation with the school districts participating under
10this Article, shall annually report to the leadership of the
11General Assembly on the progress made in implementing this
12Article. By February 1, 1997, the State Board of Education
13shall submit to the Governor and General Assembly a
14comprehensive plan for Illinois school districts, including
15the school district that has been organized under Article 34
16and is under the jurisdiction of the Chicago Board of
17Education, to establish and implement a block grant funding
18system for educational programs that are currently funded
19through single-program grants. Before submitting its plan to
20establish and implement a block grant funding system to the
21Governor and General Assembly as required by this Section, the
22State Board of Education shall give appropriate notice of and
23hold statewide public hearings on the subject of funding
24educational programs through block grants. The plan shall be
25designed to relieve school districts of the administrative

 

 

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1burdens that impede efficiency and accompany single-program
2funding. A school district that receives an Early Childhood
3Education Block Grant shall report to the State Board of
4Education on its use of the block grant in such form and detail
5as the State Board of Education may specify. In addition, the
6report must include the following description for the district,
7which must also be reported to the General Assembly: block
8grant allocation and expenditures by program; population and
9service levels by program; and administrative expenditures by
10program. The State Board of Education shall ensure that the
11reporting requirements for a district organized under Article
1234 of this Code are the same as for all other school districts
13in this State.
14(Source: P.A. 97-238, eff. 8-2-11.)
 
15    (105 ILCS 5/2-3.12)  (from Ch. 122, par. 2-3.12)
16    Sec. 2-3.12. School building code.
17    (a) To prepare for school boards with the advice of the
18Department of Public Health, the Capital Development Board, and
19the State Fire Marshal a school building code that will
20conserve the health and safety and general welfare of the
21pupils and school personnel and others who use public school
22facilities.
23    (b) Within 2 years after September 23, 1983, and every 10
24years thereafter, or at such other times as the State Board of
25Education deems necessary or the regional superintendent so

 

 

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1orders, each school board subject to the provisions of this
2Section shall again survey its school buildings and effectuate
3any recommendations in accordance with the procedures set forth
4herein.
5        (1) An architect or engineer licensed in the State of
6    Illinois is required to conduct the surveys under the
7    provisions of this Section and shall make a report of the
8    findings of the survey titled "safety survey report" to the
9    school board.
10        (2) The school board shall approve the safety survey
11    report, including any recommendations to effectuate
12    compliance with the code, and submit it to the Regional
13    Superintendent.
14        (3) The Regional Superintendent shall render a
15    decision regarding approval or denial and submit the safety
16    survey report to the State Superintendent of Education.
17        (4) The State Superintendent of Education shall
18    approve or deny the report including recommendations to
19    effectuate compliance with the code and, if approved, issue
20    a certificate of approval.
21        (5) Upon receipt of the certificate of approval, the
22    Regional Superintendent shall issue an order to effect any
23    approved recommendations included in the report. The
24    report shall meet all of the following requirements:
25            (A) Items in the report shall be prioritized.
26            (B) Urgent items shall be considered as those items

 

 

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1        related to life safety problems that present an
2        immediate hazard to the safety of students.
3            (C) Required items shall be considered as those
4        items that are necessary for a safe environment but
5        present less of an immediate hazard to the safety of
6        students.
7            (D) Urgent and required items shall reference a
8        specific rule in the code authorized by this Section
9        that is currently being violated or will be violated
10        within the next 12 months if the violation is not
11        remedied.
12        (6) The school board of each district so surveyed and
13    receiving a report of needed recommendations to be made to
14    maintain standards of safety and health of the pupils
15    enrolled shall effectuate the correction of urgent items as
16    soon as achievable to ensure the safety of the students,
17    but in no case more than one year after the date of the
18    State Superintendent of Education's approval of the
19    recommendation.
20        (7) Required items shall be corrected in a timely
21    manner, but in no case more than 5 years from the date of
22    the State Superintendent of Education's approval of the
23    recommendation.
24        (8) Once each year the school board shall submit a
25    report of progress on completion of any recommendations to
26    effectuate compliance with the code.

 

 

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1    (c) As soon as practicable, but not later than 2 years
2after January 1, 1993, the State Board of Education shall
3combine the document known as "Efficient and Adequate Standards
4for the Construction of Schools" with the document known as
5"Building Specifications for Health and Safety in Public
6Schools" together with any modifications or additions that may
7be deemed necessary. The combined document shall be known as
8the "Health/Life Safety Code for Public Schools" and shall be
9the governing code for all facilities that house public school
10students or are otherwise used for public school purposes,
11whether such facilities are permanent or temporary and whether
12they are owned, leased, rented, or otherwise used by the
13district. Facilities owned by a school district but that are
14not used to house public school students or are not used for
15public school purposes shall be governed by separate provisions
16within the code authorized by this Section.
17    (d) The 10 year survey cycle specified in this Section
18shall continue to apply based upon the standards contained in
19the "Health/Life Safety Code for Public Schools", which shall
20specify building standards for buildings that are constructed
21prior to January 1, 1993 and for buildings that are constructed
22after that date.
23    (e) The "Health/Life Safety Code for Public Schools" shall
24be the governing code for public schools; however, the
25provisions of this Section shall not preclude inspection of
26school premises and buildings pursuant to Section 9 of the Fire

 

 

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1Investigation Act, provided that the provisions of the
2"Health/Life Safety Code for Public Schools", or such
3predecessor document authorized by this Section as may be
4applicable are used, and provided that those inspections are
5coordinated with the Regional Superintendent having
6jurisdiction over the public school facility.
7    (e-5) After the effective date of this amendatory Act of
8the 98th General Assembly, all new school building construction
9governed by the "Health/Life Safety Code for Public Schools"
10must include in its design and construction a storm shelter
11that meets the minimum requirements of the ICC/NSSA Standard
12for the Design and Construction of Storm Shelters (ICC-500),
13published jointly by the International Code Council and the
14National Storm Shelter Association. Nothing in this subsection
15(e-5) precludes the design engineers, architects, or school
16district from applying a higher life safety standard than the
17ICC-500 for storm shelters.
18    (f) Nothing in this Section shall be construed to prohibit
19the State Fire Marshal or a qualified fire official to whom the
20State Fire Marshal has delegated his or her authority from
21conducting a fire safety check in a public school.
22    (g) The Regional Superintendent shall address any
23violations that are not corrected in a timely manner pursuant
24to subsection (b) of Section 3-14.21 of this Code.
25    (h) Any agency having jurisdiction beyond the scope of the
26applicable document authorized by this Section may issue a

 

 

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1lawful order to a school board to effectuate recommendations,
2and the school board receiving the order shall certify to the
3Regional Superintendent and the State Superintendent of
4Education when it has complied with the order.
5    (i) The State Board of Education is authorized to adopt any
6rules that are necessary relating to the administration and
7enforcement of the provisions of this Section.
8    (j) The code authorized by this Section shall apply only to
9those school districts having a population of less than 500,000
10inhabitants.
11    (k) In this Section, a "qualified fire official" means an
12individual that meets the requirements of rules adopted by the
13State Fire Marshal in cooperation with the State Board of
14Education to administer this Section. These rules shall be
15based on recommendations made by the task force established
16under Section 2-3.137 (now repealed) of this Code.
17(Source: P.A. 98-883, eff. 1-1-15.)
 
18    (105 ILCS 5/2-3.39)  (from Ch. 122, par. 2-3.39)
19    Sec. 2-3.39. Department of Transitional Bilingual
20Education. To establish a Department of Transitional Bilingual
21Education. In selecting staff for the Department of
22Transitional Bilingual Education the State Board of Education
23shall give preference to persons who are natives of foreign
24countries where languages to be used in transitional bilingual
25education programs are the predominant languages. The

 

 

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1Department of Transitional Bilingual Education has the power
2and duty to:
3    (1) Administer and enforce the provisions of Article 14C of
4this Code including the power to promulgate any necessary rules
5and regulations.
6    (2) Study, review, and evaluate all available resources and
7programs that, in whole or in part, are or could be directed
8towards meeting the language capability needs of child English
9learners and adult English learners children and adults of
10limited English-speaking ability residing in the State.
11    (3) Gather information about the theory and practice of
12bilingual education in this State and elsewhere, and encourage
13experimentation and innovation in the field of bilingual
14education.
15    (4) Provide for the maximum practical involvement of
16parents of bilingual children, transitional bilingual
17education teachers, representatives of community groups,
18educators, and laymen knowledgeable in the field of bilingual
19education in the formulation of policy and procedures relating
20to the administration of Article 14C of this Code.
21    (5) Consult with other public departments and agencies,
22including but not limited to the Department of Community
23Affairs, the Department of Public Welfare, the Division of
24Employment Security, the Commission Against Discrimination,
25and the United States Department of Health, Education, and
26Welfare in connection with the administration of Article 14C of

 

 

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1this Code.
2    (6) Make recommendations in the areas of preservice and
3in-service training for transitional bilingual education
4teachers, curriculum development, testing and testing
5mechanisms, and the development of materials for transitional
6bilingual education programs.
7    (7) Undertake any further activities which may assist in
8the full implementation of Article 14C of this Code and to make
9an annual report to the General Assembly to include an
10evaluation of the program, the need for continuing such a
11program, and recommendations for improvement.
12    The requirement for reporting to the General Assembly shall
13be satisfied by filing copies of the report with the Speaker,
14the Minority Leader and the Clerk of the House of
15Representatives and the President, the Minority Leader and the
16Secretary of the Senate and the Legislative Research Unit, as
17required by Section 3.1 of "An Act to revise the law in
18relation to the General Assembly", approved February 25, 1874,
19as amended, and filing such additional copies with the State
20Government Report Distribution Center for the General Assembly
21as is required under paragraph (t) of Section 7 of the State
22Library Act.
23(Source: P.A. 84-1438.)
 
24    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)
25    Sec. 2-3.62. Educational service centers.

 

 

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1    (a) A regional network of educational service centers shall
2be established by the State Board of Education to coordinate
3and combine existing services in a manner which is practical
4and efficient and to provide new services to schools as
5provided in this Section. Services to be made available by such
6centers shall include the planning, implementation and
7evaluation of:
8        (1) (blank);
9        (2) computer technology education;
10        (3) mathematics, science and reading resources for
11    teachers including continuing education, inservice
12    training and staff development.
13    The centers may provide training, technical assistance,
14coordination and planning in other program areas such as school
15improvement, school accountability, financial planning,
16consultation, and services, career guidance, early childhood
17education, alcohol/drug education and prevention, family life -
18 sex education, electronic transmission of data from school
19districts to the State, alternative education and regional
20special education, and telecommunications systems that provide
21distance learning. Such telecommunications systems may be
22obtained through the Department of Central Management Services
23pursuant to Section 405-270 of the Department of Central
24Management Services Law (20 ILCS 405/405-270). The programs and
25services of educational service centers may be offered to
26private school teachers and private school students within each

 

 

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1service center area provided public schools have already been
2afforded adequate access to such programs and services.
3    Upon the abolition of the office, removal from office,
4disqualification for office, resignation from office, or
5expiration of the current term of office of the regional
6superintendent of schools, whichever is earlier, the chief
7administrative officer of the centers serving that portion of a
8Class II county school unit outside of a city of 500,000 or
9more inhabitants shall have and exercise, in and with respect
10to each educational service region having a population of
112,000,000 or more inhabitants and in and with respect to each
12school district located in any such educational service region,
13all of the rights, powers, duties, and responsibilities
14theretofore vested by law in and exercised and performed by the
15regional superintendent of schools for that area under the
16provisions of this Code or any other laws of this State.
17    The State Board of Education shall promulgate rules and
18regulations necessary to implement this Section. The rules
19shall include detailed standards which delineate the scope and
20specific content of programs to be provided by each Educational
21Service Center, as well as the specific planning,
22implementation and evaluation services to be provided by each
23Center relative to its programs. The Board shall also provide
24the standards by which it will evaluate the programs provided
25by each Center.
26    (b) Centers serving Class 1 county school units shall be

 

 

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1governed by an 11-member board, 3 members of which shall be
2public school teachers nominated by the local bargaining
3representatives to the appropriate regional superintendent for
4appointment and no more than 3 members of which shall be from
5each of the following categories, including but not limited to
6superintendents, regional superintendents, school board
7members and a representative of an institution of higher
8education. The members of the board shall be appointed by the
9regional superintendents whose school districts are served by
10the educational service center. The composition of the board
11will reflect the revisions of this amendatory Act of 1989 as
12the terms of office of current members expire.
13    (c) The centers shall be of sufficient size and number to
14assure delivery of services to all local school districts in
15the State.
16    (d) From monies appropriated for this program the State
17Board of Education shall provide grants paid from the Personal
18Property Tax Replacement Fund to qualifying Educational
19Service Centers applying for such grants in accordance with
20rules and regulations promulgated by the State Board of
21Education to implement this Section.
22    (e) The governing authority of each of the 18 regional
23educational service centers shall appoint a family life - sex
24education advisory board consisting of 2 parents, 2 teachers, 2
25school administrators, 2 school board members, 2 health care
26professionals, one library system representative, and the

 

 

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1director of the regional educational service center who shall
2serve as chairperson of the advisory board so appointed.
3Members of the family life - sex education advisory boards
4shall serve without compensation. Each of the advisory boards
5appointed pursuant to this subsection shall develop a plan for
6regional teacher-parent family life - sex education training
7sessions and shall file a written report of such plan with the
8governing board of their regional educational service center.
9The directors of each of the regional educational service
10centers shall thereupon meet, review each of the reports
11submitted by the advisory boards and combine those reports into
12a single written report which they shall file with the Citizens
13Council on School Problems prior to the end of the regular
14school term of the 1987-1988 school year.
15    (f) The 14 educational service centers serving Class I
16county school units shall be disbanded on the first Monday of
17August, 1995, and their statutory responsibilities and
18programs shall be assumed by the regional offices of education,
19subject to rules and regulations developed by the State Board
20of Education. The regional superintendents of schools elected
21by the voters residing in all Class I counties shall serve as
22the chief administrators for these programs and services. By
23rule of the State Board of Education, the 10 educational
24service regions of lowest population shall provide such
25services under cooperative agreements with larger regions.
26(Source: P.A. 97-619, eff. 11-14-11; 98-24, eff. 6-19-13;

 

 

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198-647, eff. 6-13-14.)
 
2    (105 ILCS 5/2-3.64a-5)
3    Sec. 2-3.64a-5. State goals and assessment.
4    (a) For the assessment and accountability purposes of this
5Section, "students" includes those students enrolled in a
6public or State-operated elementary school, secondary school,
7or cooperative or joint agreement with a governing body or
8board of control, a charter school operating in compliance with
9the Charter Schools Law, a school operated by a regional office
10of education under Section 13A-3 of this Code, or a public
11school administered by a local public agency or the Department
12of Human Services.
13    (b) The State Board of Education shall establish the
14academic standards that are to be applicable to students who
15are subject to State assessments under this Section. The State
16Board of Education shall not establish any such standards in
17final form without first providing opportunities for public
18participation and local input in the development of the final
19academic standards. Those opportunities shall include a
20well-publicized period of public comment and opportunities to
21file written comments.
22    (c) Beginning no later than the 2014-2015 school year, the
23State Board of Education shall annually assess all students
24enrolled in grades 3 through 8 in English language arts and
25mathematics.

 

 

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1    Beginning no later than the 2017-2018 school year, the
2State Board of Education shall annually assess all students in
3science at one grade in grades 3 through 5, at one grade in
4grades 6 through 8, and at one grade in grades 9 through 12.
5    The State Board of Education shall annually assess schools
6that operate a secondary education program, as defined in
7Section 22-22 of this Code, in English language arts and
8mathematics. The State Board of Education shall administer no
9more than 3 assessments, per student, of English language arts
10and mathematics for students in a secondary education program.
11One of these assessments shall include a college and career
12ready determination.
13    Students who are not assessed for college and career ready
14determinations may not receive a regular high school diploma
15unless the student is exempted from taking State assessments
16under subsection (d) of this Section because (i) the student's
17individualized educational program developed under Article 14
18of this Code identifies the State assessment as inappropriate
19for the student, (ii) the student is enrolled in a program of
20adult and continuing education, as defined in the Adult
21Education Act, (iii) the school district is not required to
22assess the individual student for purposes of accountability
23under federal No Child Left Behind Act of 2001 requirements,
24(iv) the student has been determined to be an English language
25learner, referred to in this Code as a student with limited
26English proficiency, and has been enrolled in schools in the

 

 

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1United States for less than 12 months, or (v) the student is
2otherwise identified by the State Board of Education, through
3rules, as being exempt from the assessment.
4    The State Board of Education shall not assess students
5under this Section in subjects not required by this Section.
6    Districts shall inform their students of the timelines and
7procedures applicable to their participation in every yearly
8administration of the State assessments. The State Board of
9Education shall establish periods of time in each school year
10during which State assessments shall occur to meet the
11objectives of this Section.
12    (d) Every individualized educational program as described
13in Article 14 shall identify if the State assessment or
14components thereof are appropriate for the student. The State
15Board of Education shall develop rules governing the
16administration of an alternate assessment that may be available
17to students for whom participation in this State's regular
18assessments is not appropriate, even with accommodations as
19allowed under this Section.
20    Students receiving special education services whose
21individualized educational programs identify them as eligible
22for the alternative State assessments nevertheless shall have
23the option of taking this State's regular assessment that
24includes a college and career ready determination, which shall
25be administered in accordance with the eligible accommodations
26appropriate for meeting these students' respective needs.

 

 

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1    All students determined to be an English learners language
2learner, referred to in this Code as a student with limited
3English proficiency, shall participate in the State
4assessments, excepting those students who have been enrolled in
5schools in the United States for less than 12 months. Such
6students may be exempted from participation in one annual
7administration of the English language arts assessment. Any
8student determined to be an English language learner, referred
9to in this Code as a student with limited English proficiency,
10shall receive appropriate assessment accommodations, including
11language supports, which shall be established by rule. Approved
12assessment accommodations must be provided until the student's
13English language skills develop to the extent that the student
14is no longer considered to be an English language learner,
15referred to in this Code as a student with limited English
16proficiency, as demonstrated through a State-identified
17English language proficiency assessment.
18    (e) The results or scores of each assessment taken under
19this Section shall be made available to the parents of each
20student.
21    In each school year, the scores attained by a student on
22the State assessment that includes a college and career ready
23determination must be placed in the student's permanent record
24and must be entered on the student's transcript pursuant to
25rules that the State Board of Education shall adopt for that
26purpose in accordance with Section 3 of the Illinois School

 

 

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1Student Records Act. In each school year, the scores attained
2by a student on the State assessments administered in grades 3
3through 8 must be placed in the student's temporary record.
4    (f) All schools shall administer an academic assessment of
5English language proficiency in oral language (listening and
6speaking) and reading and writing skills to all children
7determined to be English language learners, referred to in
8Section 14C-3 of this Code as children with limited
9English-speaking ability.
10    (g) All schools in this State that are part of the sample
11drawn by the National Center for Education Statistics, in
12collaboration with their school districts and the State Board
13of Education, shall administer the biennial academic
14assessments under the National Assessment of Educational
15Progress carried out under Section 411(b)(2) of the federal
16National Education Statistics Act of 1994 (20 U.S.C. 9010) if
17the U.S. Secretary of Education pays the costs of administering
18the assessments.
19    (h) Subject to available funds to this State for the
20purpose of student assessment, the State Board of Education
21shall provide additional assessments and assessment resources
22that may be used by school districts for local assessment
23purposes. The State Board of Education shall annually
24distribute a listing of these additional resources.
25    (i) For the purposes of this subsection (i), "academically
26based assessments" means assessments consisting of questions

 

 

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1and answers that are measurable and quantifiable to measure the
2knowledge, skills, and ability of students in the subject
3matters covered by the assessments. All assessments
4administered pursuant to this Section must be academically
5based assessments. The scoring of academically based
6assessments shall be reliable, valid, and fair and shall meet
7the guidelines for assessment development and use prescribed by
8the American Psychological Association, the National Council
9on Measurement in Education, and the American Educational
10Research Association.
11    The State Board of Education shall review the use of all
12assessment item types in order to ensure that they are valid
13and reliable indicators of student performance aligned to the
14learning standards being assessed and that the development,
15administration, and scoring of these item types are justifiable
16in terms of cost.
17    (j) The State Superintendent of Education shall appoint a
18committee of no more than 21 members, consisting of parents,
19teachers, school administrators, school board members,
20assessment experts, regional superintendents of schools, and
21citizens, to review the State assessments administered by the
22State Board of Education. The Committee shall select one of its
23members as its chairperson. The Committee shall meet on an
24ongoing basis to review the content and design of the
25assessments (including whether the requirements of subsection
26(i) of this Section have been met), the time and money expended

 

 

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1at the local and State levels to prepare for and administer the
2assessments, the collective results of the assessments as
3measured against the stated purpose of assessing student
4performance, and other issues involving the assessments
5identified by the Committee. The Committee shall make periodic
6recommendations to the State Superintendent of Education and
7the General Assembly concerning the assessments.
8    (k) The State Board of Education may adopt rules to
9implement this Section.
10(Source: P.A. 98-972, eff. 8-15-14.)
 
11    (105 ILCS 5/2-3.162)
12    Sec. 2-3.162 2-3.160. Student discipline report; school
13discipline improvement plan.
14    (a) On or before October 31, 2015 and on or before October
1531 of each subsequent year, the State Board of Education,
16through the State Superintendent of Education, shall prepare a
17report on student discipline in all school districts in this
18State, including State-authorized charter schools. This report
19shall include data from all public schools within school
20districts, including district-authorized charter schools. This
21report must be posted on the Internet website of the State
22Board of Education. The report shall include data on the
23issuance of out-of-school suspensions, expulsions, and
24removals to alternative settings in lieu of another
25disciplinary action, disaggregated by race and ethnicity,

 

 

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1gender, age, grade level, whether a student is an English
2learner limited English proficiency, incident type, and
3discipline duration.
4    (b) The State Board of Education shall analyze the data
5under subsection (a) of this Section on an annual basis and
6determine the top 20% of school districts for the following
7metrics:
8        (1) Total number of out-of-school suspensions divided
9    by the total district enrollment by the last school day in
10    September for the year in which the data was collected,
11    multiplied by 100.
12        (2) Total number of out-of-school expulsions divided
13    by the total district enrollment by the last school day in
14    September for the year in which the data was collected,
15    multiplied by 100.
16        (3) Racial disproportionality, defined as the
17    overrepresentation of students of color or white students
18    in comparison to the total number of students of color or
19    white students on October 1st of the school year in which
20    data are collected, with respect to the use of
21    out-of-school suspensions and expulsions, which must be
22    calculated using the same method as the U.S. Department of
23    Education's Office for Civil Rights uses.
24    The analysis must be based on data collected over 3
25consecutive school years, beginning with the 2014-2015 school
26year.

 

 

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1    Beginning with the 2017-2018 school year, the State Board
2of Education shall require each of the school districts that
3are identified in the top 20% of any of the metrics described
4in this subsection (b) for 3 consecutive years to submit a plan
5identifying the strategies the school district will implement
6to reduce the use of exclusionary disciplinary practices or
7racial disproportionality or both, if applicable. School
8districts that no longer meet the criteria described in any of
9the metrics described in this subsection (b) for 3 consecutive
10years shall no longer be required to submit a plan.
11    This plan may be combined with any other improvement plans
12required under federal or State law.
13    The calculation of the top 20% of any of the metrics
14described in this subsection (b) shall exclude all school
15districts, State-authorized charter schools, and special
16charter districts that issued fewer than a total of 10
17out-of-school suspensions or expulsions, whichever is
18applicable, during the school year. The calculation of the top
1920% of metric described in subdivision (3) of this subsection
20(b) shall exclude all school districts with an enrollment of
21fewer than 50 white students or fewer than 50 students of
22color.
23    The plan must be approved at a public school board meeting
24and posted on the school district's Internet website. Within
25one year after being identified, the school district shall
26submit to the State Board of Education and post on the

 

 

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1district's Internet website a progress report describing the
2implementation of the plan and the results achieved.
3(Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.)
 
4    (105 ILCS 5/3-1)  (from Ch. 122, par. 3-1)
5    Sec. 3-1. Election; eligibility. Quadrennially there shall
6be elected in every county, except those which have been
7consolidated into a multicounty educational service region
8under Article 3A and except those having a population of
92,000,000 or more inhabitants, a regional superintendent of
10schools, who shall enter upon the discharge of his duties on
11the first Monday of August next after his election; provided,
12however, that the term of office of each regional
13superintendent of schools in office on June 30, 2003 is
14terminated on July 1, 2003, except that an incumbent regional
15superintendent of schools shall continue to serve until his
16successor is elected and qualified, and each regional
17superintendent of schools elected at the general election in
182002 and every four years thereafter shall assume office on the
19first day of July next after his election. No one is eligible
20to file his petition at any primary election for the nomination
21as candidate for the office of regional superintendent of
22schools nor to enter upon the duties of such office either by
23election or appointment unless he possesses the following
24qualifications: (1) he is of good character, (2) he has a
25master's degree, (3) he has earned at least 20 semester hours

 

 

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1of credit in professional education at the graduate level, (4)
2he holds a valid all grade supervisory license, certificate or
3a valid State state limited supervisory license certificate, or
4a valid state life supervisory license certificate, or a valid
5administrative license certificate, (5) he has had at least 4
6years experience in teaching, and (6) he was engaged for at
7least 2 years of the 4 previous years in full time teaching or
8supervising in the common public schools or serving as a county
9superintendent of schools or regional superintendent of
10schools for an educational service region in the State of
11Illinois.
12    No petition of any candidate for nomination for the office
13of regional superintendent of schools may be filed and no such
14candidate's name may be placed on a primary or general election
15ballot, unless such candidate files as part of his petition a
16certificate from the State Board of Education certifying that
17from the records of its office such candidate has the
18qualifications required by this Section; however, any
19incumbent filing his petition for nomination for a succeeding
20term of office shall not be required to attach such certificate
21to his petition of candidacy.
22    Nomination papers filed under this Section are not valid
23unless the candidate named therein files with the county clerk
24or State Board of Elections a statement of economic interests
25as required by the Illinois Governmental Ethics Act. Such
26receipt shall be so filed either previously during the calendar

 

 

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1year in which his nomination papers were filed or within the
2period for the filing of nomination papers in accordance with
3the general election law.
4    The changes in qualifications made by Public Act 76-1563 do
5not affect the right of an incumbent to seek reelection.
6    On and after July 1, 1994, the provisions of this Section
7shall have no application in any educational service region
8having a population of 2,000,000 or more inhabitants; provided
9further that no election shall be held in November of 1994 or
10at any other time after July 1, 1992 for the office of regional
11superintendent of schools in any county or educational service
12region having a population of 2,000,000 or more inhabitants.
13(Source: P.A. 96-893, eff. 7-1-10.)
 
14    (105 ILCS 5/3-2.5)
15    Sec. 3-2.5. Salaries.
16    (a) Except as otherwise provided in this Section, the
17regional superintendents of schools shall receive for their
18services an annual salary according to the population, as
19determined by the last preceding federal census, of the region
20they serve, as set out in the following schedule:
21SALARIES OF REGIONAL SUPERINTENDENTS OF
22SCHOOLS
23    POPULATION OF REGION                 ANNUAL SALARY
24    Less than 48,000                     $73,500
25    61,000 48,000 to 99,999               $78,000

 

 

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1    100,000 to 999,999                   $81,500
2    1,000,000 and over                   $83,500
3    The changes made by Public Act 86-98 in the annual salary
4that the regional superintendents of schools shall receive for
5their services shall apply to the annual salary received by the
6regional superintendents of schools during each of their
7elected terms of office that commence after July 26, 1989 and
8before the first Monday of August, 1995.
9    The changes made by Public Act 89-225 in the annual salary
10that regional superintendents of schools shall receive for
11their services shall apply to the annual salary received by the
12regional superintendents of schools during their elected terms
13of office that commence after August 4, 1995 and end on August
141, 1999.
15    The changes made by this amendatory Act of the 91st General
16Assembly in the annual salary that the regional superintendents
17of schools shall receive for their services shall apply to the
18annual salary received by the regional superintendents of
19schools during each of their elected terms of office that
20commence on or after August 2, 1999.
21    Beginning July 1, 2000, the salary that the regional
22superintendent of schools receives for his or her services
23shall be adjusted annually to reflect the percentage increase,
24if any, in the most recent Consumer Price Index, as defined and
25officially reported by the United States Department of Labor,
26Bureau of Labor Statistics, except that no annual increment may

 

 

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1exceed 2.9%. If the percentage of change in the Consumer Price
2Index is a percentage decrease, the salary that the regional
3superintendent of schools receives shall not be adjusted for
4that year.
5    When regional superintendents are authorized by the School
6Code to appoint assistant regional superintendents, the
7assistant regional superintendent shall receive an annual
8salary based on his or her qualifications and computed as a
9percentage of the salary of the regional superintendent to whom
10he or she is assistant, as set out in the following schedule:
11SALARIES OF ASSISTANT REGIONAL
12SUPERINTENDENTS
13    QUALIFICATIONS OF                    PERCENTAGE OF SALARY
14    ASSISTANT REGIONAL                   OF REGIONAL
15    SUPERINTENDENT                       SUPERINTENDENT
16    No Bachelor's degree, but State
17    certificate valid for teaching
18    and supervising.                     70%    
19    Bachelor's degree plus
20    State license certificate valid
21    for supervising.                     75%    
22    Master's degree plus
23    State license certificate valid
24    for supervising.                     90%    
25    However, in any region in which the appointment of more
26than one assistant regional superintendent is authorized,

 

 

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1whether by Section 3-15.10 of this Code or otherwise, not more
2than one assistant may be compensated at the 90% rate and any
3other assistant shall be paid at not exceeding the 75% rate, in
4each case depending on the qualifications of the assistant.
5    The salaries provided in this Section plus an amount for
6other employment-related compensation or benefits for regional
7superintendents and assistant regional superintendents are
8payable monthly by the State Board of Education out of the
9Personal Property Tax Replacement Fund through a specific
10appropriation to that effect in the State Board of Education
11budget. The State Comptroller in making his or her warrant to
12any county for the amount due it from the Personal Property Tax
13Replacement Fund shall deduct from it the several amounts for
14which warrants have been issued to the regional superintendent,
15and any assistant regional superintendent, of the educational
16service region encompassing the county since the preceding
17apportionment from the Personal Property Tax Replacement Fund.
18    County boards may provide for additional compensation for
19the regional superintendent or the assistant regional
20superintendents, or for each of them, to be paid quarterly from
21the county treasury.
22    (b) Upon abolition of the office of regional superintendent
23of schools in educational service regions containing 2,000,000
24or more inhabitants as provided in Section 3-0.01 of this Code,
25the funds provided under subsection (a) of this Section shall
26continue to be appropriated and reallocated, as provided for

 

 

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1pursuant to subsection (b) of Section 3-0.01 of this Code, to
2the educational service centers established pursuant to
3Section 2-3.62 of this Code for an educational service region
4containing 2,000,000 or more inhabitants.
5    (c) If the State pays all or any portion of the employee
6contributions required under Section 16-152 of the Illinois
7Pension Code for employees of the State Board of Education, it
8shall also, subject to appropriation in the State Board of
9Education budget for such payments to Regional Superintendents
10and Assistant Regional Superintendents, pay the employee
11contributions required of regional superintendents of schools
12and assistant regional superintendents of schools on the same
13basis, but excluding any contributions based on compensation
14that is paid by the county rather than the State.
15    This subsection (c) applies to contributions based on
16payments of salary earned after the effective date of this
17amendatory Act of the 91st General Assembly, except that in the
18case of an elected regional superintendent of schools, this
19subsection does not apply to contributions based on payments of
20salary earned during a term of office that commenced before the
21effective date of this amendatory Act.
22(Source: P.A. 97-333, eff. 8-12-11; 97-619, eff. 11-14-11;
2397-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
24    (105 ILCS 5/3-11)  (from Ch. 122, par. 3-11)
25    Sec. 3-11. Institutes or inservice training workshops. In

 

 

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1counties of less than 2,000,000 inhabitants, the regional
2superintendent may arrange for or conduct district, regional,
3or county institutes, or equivalent professional educational
4experiences, not more than 4 days annually. Of those 4 days, 2
5days may be used as a teacher's and educational support
6personnel workshop, when approved by the regional
7superintendent, up to 2 days may be used for conducting
8parent-teacher conferences, or up to 2 days may be utilized as
9parental institute days as provided in Section 10-22.18d.
10Educational support personnel may be exempt from a workshop if
11the workshop is not relevant to the work they do. A school
12district may use one of its 4 institute days on the last day of
13the school term. "Institute" or "Professional educational
14experiences" means any educational gathering, demonstration of
15methods of instruction, visitation of schools or other
16institutions or facilities, sexual abuse and sexual assault
17awareness seminar, or training in First Aid (which may include
18cardiopulmonary resuscitation or defibrillator training) held
19or approved by the regional superintendent and declared by him
20to be an institute day, or parent-teacher conferences. With the
21concurrence of the State Superintendent of Education, he or she
22may employ such assistance as is necessary to conduct the
23institute. Two or more adjoining counties may jointly hold an
24institute. Institute instruction shall be free to holders of
25licenses certificates good in the county or counties holding
26the institute, and to those who have paid an examination fee

 

 

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1and failed to receive a license certificate.
2    In counties of 2,000,000 or more inhabitants, the regional
3superintendent may arrange for or conduct district, regional,
4or county inservice training workshops, or equivalent
5professional educational experiences, not more than 4 days
6annually. Of those 4 days, 2 days may be used as a teacher's
7and educational support personnel workshop, when approved by
8the regional superintendent, up to 2 days may be used for
9conducting parent-teacher conferences, or up to 2 days may be
10utilized as parental institute days as provided in Section
1110-22.18d. Educational support personnel may be exempt from a
12workshop if the workshop is not relevant to the work they do. A
13school district may use one of those 4 days on the last day of
14the school term. "Inservice Training Workshops" or
15"Professional educational experiences" means any educational
16gathering, demonstration of methods of instruction, visitation
17of schools or other institutions or facilities, sexual abuse
18and sexual assault awareness seminar, or training in First Aid
19(which may include cardiopulmonary resuscitation or
20defibrillator training) held or approved by the regional
21superintendent and declared by him to be an inservice training
22workshop, or parent-teacher conferences. With the concurrence
23of the State Superintendent of Education, he may employ such
24assistance as is necessary to conduct the inservice training
25workshop. With the approval of the regional superintendent, 2
26or more adjoining districts may jointly hold an inservice

 

 

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1training workshop. In addition, with the approval of the
2regional superintendent, one district may conduct its own
3inservice training workshop with subject matter consultants
4requested from the county, State or any State institution of
5higher learning.
6    Such teachers institutes as referred to in this Section may
7be held on consecutive or separate days at the option of the
8regional superintendent having jurisdiction thereof.
9    Whenever reference is made in this Act to "teachers
10institute", it shall be construed to include the inservice
11training workshops or equivalent professional educational
12experiences provided for in this Section.
13    Any institute advisory committee existing on April 1, 1995,
14is dissolved and the duties and responsibilities of the
15institute advisory committee are assumed by the regional office
16of education advisory board.
17    Districts providing inservice training programs shall
18constitute inservice committees, 1/2 of which shall be
19teachers, 1/4 school service personnel and 1/4 administrators
20to establish program content and schedules.
21    The teachers institutes shall include teacher training
22committed to (i) peer counseling programs and other
23anti-violence and conflict resolution programs, including
24without limitation programs for preventing at risk students
25from committing violent acts, and (ii) educator ethics and
26teacher-student conduct. Beginning with the 2009-2010 school

 

 

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1year, the teachers institutes shall include instruction on
2prevalent student chronic health conditions.
3(Source: P.A. 96-431, eff. 8-13-09; 97-525, eff. 1-1-12.)
 
4    (105 ILCS 5/3-15.6)  (from Ch. 122, par. 3-15.6)
5    Sec. 3-15.6. Additional employees. To employ, with the
6approval of the county board, such additional employees as are
7needed for the discharge of the duties of the office. The
8non-clerical employees shall be persons versed in the
9principles and methods of education, familiar with public
10school work, competent to visit schools, and licensed
11certificated pursuant to this Code if their duties are
12comparable to those for which licensure certification is
13required by this Code.
14    On and after July 1, 1994, the provisions of this Section
15shall have no application in any educational service region
16having a population of 2,000,000 or more inhabitants.
17(Source: P.A. 86-361; 87-654; 87-1251.)
 
18    (105 ILCS 5/3-15.10)  (from Ch. 122, par. 3-15.10)
19    Sec. 3-15.10. Assistant Regional Superintendent. To
20employ, in counties or regions of 2,000,000 inhabitants or
21less, in addition to any assistants authorized to be employed
22with the approval of the county board, an assistant regional
23superintendent of schools, who shall be a person of good
24attainment, versed in the principles and methods of education,

 

 

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1and qualified to teach and supervise schools under Article 21B
2of this Code 21 of this Act; to fix the term of such assistant;
3and to direct his work and define his duties. On the effective
4date of this amendatory Act of the 96th General Assembly, in
5regions established within that portion of a Class II county
6school unit outside of a city of 500,000 or more inhabitants,
7the employment of all persons serving as assistant county or
8regional superintendents of schools is terminated, the
9position of assistant regional superintendent of schools in
10each such region is abolished, and this Section shall,
11beginning on the effective date of this amendatory Act of the
1296th General Assembly, have no further application in the
13educational service region. Assistant regional superintendents
14shall each be a person of good attainment, versed in the
15principles and methods of education, and qualified to teach and
16supervise schools under Article 21B of this Code 21 of this
17Act. The work of such assistant regional superintendent shall
18be so arranged and directed that the county or regional
19superintendent and assistant superintendent, together, shall
20devote an amount of time during the school year, equal to at
21least the full time of one individual, to the supervision of
22schools and of teaching in the schools of the county.
23    A regional superintendent of schools shall not employ his
24or her spouse, child, stepchild, or relative as an assistant
25regional superintendent of schools. By September 1 each year, a
26regional superintendent shall certify to the State Board of

 

 

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1Education that he or she has complied with this paragraph. If
2the State Board of Education becomes aware of the fact that a
3regional superintendent is employing his or her spouse, child,
4stepchild, or relative as an assistant regional
5superintendent, the State Board of Education shall report this
6information to the Governor and the Comptroller, and the State
7Board of Education shall not request for payment from the State
8Comptroller any warrants for the payment of the assistant
9regional superintendent's salary or other employment-related
10compensation or benefits. In this paragraph, "relative" means a
11grandparent, parent, aunt, uncle, sibling, first cousin,
12nephew, niece, grandchild, or spouse of one of these persons.
13This paragraph applies only to contracts for employment entered
14into on or after the effective date of this amendatory Act of
15the 91st General Assembly.
16(Source: P.A. 96-893, eff. 7-1-10; 97-619, eff. 11-14-11.)
 
17    (105 ILCS 5/3-15.17)
18    Sec. 3-15.17. Civic education advancement.
19    (a) The General Assembly finds that civic education and
20participation are fundamental elements of a healthy democracy,
21and schools are in need of support to identify civic learning
22opportunities and to implement new strategies to prepare and
23sustain high quality citizenship among their student body.
24    (b) Subject to appropriation, funding for civic education
25professional development for high school teachers must be

 

 

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1provided by line item appropriation made to the State Board of
2Education for that purpose. When appropriated, the State Board
3of Education must provide this funding to each regional
4superintendent of schools based on high school enrollment as
5reported on the State Board of Education's most recent fall
6enrollment and housing report, except that 20% of each annual
7appropriation must be reserved for a school district organized
8under Article 34 of this Code.
9    (c) In order to establish eligibility for one or more of
10its schools to receive funding under this Section, a school
11district shall submit to its regional superintendent of schools
12an application, accompanied by a completed civic audit, for
13each school. A regional superintendent shall award funds to a
14district based on the number of teachers identified by the
15district to receive professional development multiplied by
16$250. A district must not be awarded more than $3,000 in any
17year, unless additional funds remain available after all
18eligible applicants have received funding. A district may not
19use funds authorized under this Section in any school more than
20once every 2 years. Funds provided under this Section must be
21used exclusively for professional development provided by
22entities that are approved providers for purposes of license
23certificate renewal under Section 21B-45 21-14 of this Code.
24    (d) The civic audit form and its content must be designed
25and updated as deemed necessary by the Illinois Civic Mission
26Coalition. Data from completed civic audits must be processed

 

 

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1by the Illinois Civic Mission Coalition. The civic audit must
2be made available by the Illinois Civic Mission Coalition and
3must be designed to provide teachers and principals with a
4blueprint to better understand how current curriculum, service
5learning, and extracurricular activities are providing civic
6learning experiences for their students.
7(Source: P.A. 95-225, eff. 8-16-07.)
 
8    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
9    Sec. 10-17a. State, school district, and school report
10cards.
11    (1) By October 31, 2013 and October 31 of each subsequent
12school year, the State Board of Education, through the State
13Superintendent of Education, shall prepare a State report card,
14school district report cards, and school report cards, and
15shall by the most economic means provide to each school
16district in this State, including special charter districts and
17districts subject to the provisions of Article 34, the report
18cards for the school district and each of its schools.
19    (2) In addition to any information required by federal law,
20the State Superintendent shall determine the indicators and
21presentation of the school report card, which must include, at
22a minimum, the most current data possessed by the State Board
23of Education related to the following:
24        (A) school characteristics and student demographics,
25    including average class size, average teaching experience,

 

 

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1    student racial/ethnic breakdown, and the percentage of
2    students classified as low-income; the percentage of
3    students classified as limited English learners
4    proficiency; the percentage of students who have
5    individualized education plans or 504 plans that provide
6    for special education services; the percentage of students
7    who annually transferred in or out of the school district;
8    the per-pupil operating expenditure of the school
9    district; and the per-pupil State average operating
10    expenditure for the district type (elementary, high
11    school, or unit);
12        (B) curriculum information, including, where
13    applicable, Advanced Placement, International
14    Baccalaureate or equivalent courses, dual enrollment
15    courses, foreign language classes, school personnel
16    resources (including Career Technical Education teachers),
17    before and after school programs, extracurricular
18    activities, subjects in which elective classes are
19    offered, health and wellness initiatives (including the
20    average number of days of Physical Education per week per
21    student), approved programs of study, awards received,
22    community partnerships, and special programs such as
23    programming for the gifted and talented, students with
24    disabilities, and work-study students;
25        (C) student outcomes, including, where applicable, the
26    percentage of students meeting as well as exceeding State

 

 

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1    standards on assessments, the percentage of students in the
2    eighth grade who pass Algebra, the percentage of students
3    enrolled in post-secondary institutions (including
4    colleges, universities, community colleges,
5    trade/vocational schools, and training programs leading to
6    career certification within 2 semesters of high school
7    graduation), the percentage of students graduating from
8    high school who are college ready, the percentage of
9    students graduating from high school who are career ready,
10    and the percentage of graduates enrolled in community
11    colleges, colleges, and universities who are in one or more
12    courses that the community college, college, or university
13    identifies as a remedial course;
14        (D) student progress, including, where applicable, the
15    percentage of students in the ninth grade who have earned 5
16    credits or more without failing more than one core class, a
17    measure of students entering kindergarten ready to learn, a
18    measure of growth, and the percentage of students who enter
19    high school on track for college and career readiness; and
20        (E) the school environment, including, where
21    applicable, the percentage of students with less than 10
22    absences in a school year, the percentage of teachers with
23    less than 10 absences in a school year for reasons other
24    than professional development, leaves taken pursuant to
25    the federal Family Medical Leave Act of 1993, long-term
26    disability, or parental leaves, the 3-year average of the

 

 

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1    percentage of teachers returning to the school from the
2    previous year, the number of different principals at the
3    school in the last 6 years, 2 or more indicators from any
4    school climate survey selected or approved by the State and
5    administered pursuant to Section 2-3.153 of this Code, with
6    the same or similar indicators included on school report
7    cards for all surveys selected or approved by the State
8    pursuant to Section 2-3.153 of this Code, and the combined
9    percentage of teachers rated as proficient or excellent in
10    their most recent evaluation.
11    The school report card shall also provide information that
12allows for comparing the current outcome, progress, and
13environment data to the State average, to the school data from
14the past 5 years, and to the outcomes, progress, and
15environment of similar schools based on the type of school and
16enrollment of low-income students, special education students,
17and limited English learners proficiency students.
18    (3) At the discretion of the State Superintendent, the
19school district report card shall include a subset of the
20information identified in paragraphs (A) through (E) of
21subsection (2) of this Section, as well as information relating
22to the operating expense per pupil and other finances of the
23school district, and the State report card shall include a
24subset of the information identified in paragraphs (A) through
25(E) of subsection (2) of this Section.
26    (4) Notwithstanding anything to the contrary in this

 

 

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1Section, in consultation with key education stakeholders, the
2State Superintendent shall at any time have the discretion to
3amend or update any and all metrics on the school, district, or
4State report card.
5    (5) Annually, no more than 30 calendar days after receipt
6of the school district and school report cards from the State
7Superintendent of Education, each school district, including
8special charter districts and districts subject to the
9provisions of Article 34, shall present such report cards at a
10regular school board meeting subject to applicable notice
11requirements, post the report cards on the school district's
12Internet web site, if the district maintains an Internet web
13site, make the report cards available to a newspaper of general
14circulation serving the district, and, upon request, send the
15report cards home to a parent (unless the district does not
16maintain an Internet web site, in which case the report card
17shall be sent home to parents without request). If the district
18posts the report card on its Internet web site, the district
19shall send a written notice home to parents stating (i) that
20the report card is available on the web site, (ii) the address
21of the web site, (iii) that a printed copy of the report card
22will be sent to parents upon request, and (iv) the telephone
23number that parents may call to request a printed copy of the
24report card.
25    (6) Nothing contained in this amendatory Act of the 98th
26General Assembly repeals, supersedes, invalidates, or

 

 

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1nullifies final decisions in lawsuits pending on the effective
2date of this amendatory Act of the 98th General Assembly in
3Illinois courts involving the interpretation of Public Act
497-8.
5(Source: P.A. 97-671, eff. 1-24-12; 98-463, eff. 8-16-13;
698-648, eff. 7-1-14.)
 
7    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
8    Sec. 14-8.02. Identification, Evaluation and Placement of
9Children.
10    (a) The State Board of Education shall make rules under
11which local school boards shall determine the eligibility of
12children to receive special education. Such rules shall ensure
13that a free appropriate public education be available to all
14children with disabilities as defined in Section 14-1.02. The
15State Board of Education shall require local school districts
16to administer non-discriminatory procedures or tests to
17limited English learners proficiency students coming from
18homes in which a language other than English is used to
19determine their eligibility to receive special education. The
20placement of low English proficiency students in special
21education programs and facilities shall be made in accordance
22with the test results reflecting the student's linguistic,
23cultural and special education needs. For purposes of
24determining the eligibility of children the State Board of
25Education shall include in the rules definitions of "case

 

 

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1study", "staff conference", "individualized educational
2program", and "qualified specialist" appropriate to each
3category of children with disabilities as defined in this
4Article. For purposes of determining the eligibility of
5children from homes in which a language other than English is
6used, the State Board of Education shall include in the rules
7definitions for "qualified bilingual specialists" and
8"linguistically and culturally appropriate individualized
9educational programs". For purposes of this Section, as well as
10Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
11"parent" means a parent as defined in the federal Individuals
12with Disabilities Education Act (20 U.S.C. 1401(23)).
13    (b) No child shall be eligible for special education
14facilities except with a carefully completed case study fully
15reviewed by professional personnel in a multidisciplinary
16staff conference and only upon the recommendation of qualified
17specialists or a qualified bilingual specialist, if available.
18At the conclusion of the multidisciplinary staff conference,
19the parent of the child shall be given a copy of the
20multidisciplinary conference summary report and
21recommendations, which includes options considered, and be
22informed of their right to obtain an independent educational
23evaluation if they disagree with the evaluation findings
24conducted or obtained by the school district. If the school
25district's evaluation is shown to be inappropriate, the school
26district shall reimburse the parent for the cost of the

 

 

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1independent evaluation. The State Board of Education shall,
2with advice from the State Advisory Council on Education of
3Children with Disabilities on the inclusion of specific
4independent educational evaluators, prepare a list of
5suggested independent educational evaluators. The State Board
6of Education shall include on the list clinical psychologists
7licensed pursuant to the Clinical Psychologist Licensing Act.
8Such psychologists shall not be paid fees in excess of the
9amount that would be received by a school psychologist for
10performing the same services. The State Board of Education
11shall supply school districts with such list and make the list
12available to parents at their request. School districts shall
13make the list available to parents at the time they are
14informed of their right to obtain an independent educational
15evaluation. However, the school district may initiate an
16impartial due process hearing under this Section within 5 days
17of any written parent request for an independent educational
18evaluation to show that its evaluation is appropriate. If the
19final decision is that the evaluation is appropriate, the
20parent still has a right to an independent educational
21evaluation, but not at public expense. An independent
22educational evaluation at public expense must be completed
23within 30 days of a parent written request unless the school
24district initiates an impartial due process hearing or the
25parent or school district offers reasonable grounds to show
26that such 30 day time period should be extended. If the due

 

 

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1process hearing decision indicates that the parent is entitled
2to an independent educational evaluation, it must be completed
3within 30 days of the decision unless the parent or the school
4district offers reasonable grounds to show that such 30 day
5period should be extended. If a parent disagrees with the
6summary report or recommendations of the multidisciplinary
7conference or the findings of any educational evaluation which
8results therefrom, the school district shall not proceed with a
9placement based upon such evaluation and the child shall remain
10in his or her regular classroom setting. No child shall be
11eligible for admission to a special class for the educable
12mentally disabled or for the trainable mentally disabled except
13with a psychological evaluation and recommendation by a school
14psychologist. Consent shall be obtained from the parent of a
15child before any evaluation is conducted. If consent is not
16given by the parent or if the parent disagrees with the
17findings of the evaluation, then the school district may
18initiate an impartial due process hearing under this Section.
19The school district may evaluate the child if that is the
20decision resulting from the impartial due process hearing and
21the decision is not appealed or if the decision is affirmed on
22appeal. The determination of eligibility shall be made and the
23IEP meeting shall be completed within 60 school days from the
24date of written parental consent. In those instances when
25written parental consent is obtained with fewer than 60 pupil
26attendance days left in the school year, the eligibility

 

 

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1determination shall be made and the IEP meeting shall be
2completed prior to the first day of the following school year.
3Special education and related services must be provided in
4accordance with the student's IEP no later than 10 school
5attendance days after notice is provided to the parents
6pursuant to Section 300.503 of Title 34 of the Code of Federal
7Regulations and implementing rules adopted by the State Board
8of Education. The appropriate program pursuant to the
9individualized educational program of students whose native
10tongue is a language other than English shall reflect the
11special education, cultural and linguistic needs. No later than
12September 1, 1993, the State Board of Education shall establish
13standards for the development, implementation and monitoring
14of appropriate bilingual special individualized educational
15programs. The State Board of Education shall further
16incorporate appropriate monitoring procedures to verify
17implementation of these standards. The district shall indicate
18to the parent and the State Board of Education the nature of
19the services the child will receive for the regular school term
20while waiting placement in the appropriate special education
21class.
22    If the child is deaf, hard of hearing, blind, or visually
23impaired and he or she might be eligible to receive services
24from the Illinois School for the Deaf or the Illinois School
25for the Visually Impaired, the school district shall notify the
26parents, in writing, of the existence of these schools and the

 

 

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1services they provide and shall make a reasonable effort to
2inform the parents of the existence of other, local schools
3that provide similar services and the services that these other
4schools provide. This notification shall include without
5limitation information on school services, school admissions
6criteria, and school contact information.
7    In the development of the individualized education program
8for a student who has a disability on the autism spectrum
9(which includes autistic disorder, Asperger's disorder,
10pervasive developmental disorder not otherwise specified,
11childhood disintegrative disorder, and Rett Syndrome, as
12defined in the Diagnostic and Statistical Manual of Mental
13Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
14consider all of the following factors:
15        (1) The verbal and nonverbal communication needs of the
16    child.
17        (2) The need to develop social interaction skills and
18    proficiencies.
19        (3) The needs resulting from the child's unusual
20    responses to sensory experiences.
21        (4) The needs resulting from resistance to
22    environmental change or change in daily routines.
23        (5) The needs resulting from engagement in repetitive
24    activities and stereotyped movements.
25        (6) The need for any positive behavioral
26    interventions, strategies, and supports to address any

 

 

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1    behavioral difficulties resulting from autism spectrum
2    disorder.
3        (7) Other needs resulting from the child's disability
4    that impact progress in the general curriculum, including
5    social and emotional development.
6Public Act 95-257 does not create any new entitlement to a
7service, program, or benefit, but must not affect any
8entitlement to a service, program, or benefit created by any
9other law.
10    If the student may be eligible to participate in the
11Home-Based Support Services Program for Mentally Disabled
12Adults authorized under the Developmental Disability and
13Mental Disability Services Act upon becoming an adult, the
14student's individualized education program shall include plans
15for (i) determining the student's eligibility for those
16home-based services, (ii) enrolling the student in the program
17of home-based services, and (iii) developing a plan for the
18student's most effective use of the home-based services after
19the student becomes an adult and no longer receives special
20educational services under this Article. The plans developed
21under this paragraph shall include specific actions to be taken
22by specified individuals, agencies, or officials.
23    (c) In the development of the individualized education
24program for a student who is functionally blind, it shall be
25presumed that proficiency in Braille reading and writing is
26essential for the student's satisfactory educational progress.

 

 

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1For purposes of this subsection, the State Board of Education
2shall determine the criteria for a student to be classified as
3functionally blind. Students who are not currently identified
4as functionally blind who are also entitled to Braille
5instruction include: (i) those whose vision loss is so severe
6that they are unable to read and write at a level comparable to
7their peers solely through the use of vision, and (ii) those
8who show evidence of progressive vision loss that may result in
9functional blindness. Each student who is functionally blind
10shall be entitled to Braille reading and writing instruction
11that is sufficient to enable the student to communicate with
12the same level of proficiency as other students of comparable
13ability. Instruction should be provided to the extent that the
14student is physically and cognitively able to use Braille.
15Braille instruction may be used in combination with other
16special education services appropriate to the student's
17educational needs. The assessment of each student who is
18functionally blind for the purpose of developing the student's
19individualized education program shall include documentation
20of the student's strengths and weaknesses in Braille skills.
21Each person assisting in the development of the individualized
22education program for a student who is functionally blind shall
23receive information describing the benefits of Braille
24instruction. The individualized education program for each
25student who is functionally blind shall specify the appropriate
26learning medium or media based on the assessment report.

 

 

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1    (d) To the maximum extent appropriate, the placement shall
2provide the child with the opportunity to be educated with
3children who are not disabled; provided that children with
4disabilities who are recommended to be placed into regular
5education classrooms are provided with supplementary services
6to assist the children with disabilities to benefit from the
7regular classroom instruction and are included on the teacher's
8regular education class register. Subject to the limitation of
9the preceding sentence, placement in special classes, separate
10schools or other removal of the disabled child from the regular
11educational environment shall occur only when the nature of the
12severity of the disability is such that education in the
13regular classes with the use of supplementary aids and services
14cannot be achieved satisfactorily. The placement of limited
15English learners proficiency students with disabilities shall
16be in non-restrictive environments which provide for
17integration with non-disabled peers in bilingual classrooms.
18Annually, each January, school districts shall report data on
19students from non-English speaking backgrounds receiving
20special education and related services in public and private
21facilities as prescribed in Section 2-3.30. If there is a
22disagreement between parties involved regarding the special
23education placement of any child, either in-state or
24out-of-state, the placement is subject to impartial due process
25procedures described in Article 10 of the Rules and Regulations
26to Govern the Administration and Operation of Special

 

 

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1Education.
2    (e) No child who comes from a home in which a language
3other than English is the principal language used may be
4assigned to any class or program under this Article until he
5has been given, in the principal language used by the child and
6used in his home, tests reasonably related to his cultural
7environment. All testing and evaluation materials and
8procedures utilized for evaluation and placement shall not be
9linguistically, racially or culturally discriminatory.
10    (f) Nothing in this Article shall be construed to require
11any child to undergo any physical examination or medical
12treatment whose parents object thereto on the grounds that such
13examination or treatment conflicts with his religious beliefs.
14    (g) School boards or their designee shall provide to the
15parents of a child prior written notice of any decision (a)
16proposing to initiate or change, or (b) refusing to initiate or
17change, the identification, evaluation, or educational
18placement of the child or the provision of a free appropriate
19public education to their child, and the reasons therefor. Such
20written notification shall also inform the parent of the
21opportunity to present complaints with respect to any matter
22relating to the educational placement of the student, or the
23provision of a free appropriate public education and to have an
24impartial due process hearing on the complaint. The notice
25shall inform the parents in the parents' native language,
26unless it is clearly not feasible to do so, of their rights and

 

 

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1all procedures available pursuant to this Act and the federal
2Individuals with Disabilities Education Improvement Act of
32004 (Public Law 108-446); it shall be the responsibility of
4the State Superintendent to develop uniform notices setting
5forth the procedures available under this Act and the federal
6Individuals with Disabilities Education Improvement Act of
72004 (Public Law 108-446) to be used by all school boards. The
8notice shall also inform the parents of the availability upon
9request of a list of free or low-cost legal and other relevant
10services available locally to assist parents in initiating an
11impartial due process hearing. Any parent who is deaf, or does
12not normally communicate using spoken English, who
13participates in a meeting with a representative of a local
14educational agency for the purposes of developing an
15individualized educational program shall be entitled to the
16services of an interpreter.
17    (g-5) For purposes of this subsection (g-5), "qualified
18professional" means an individual who holds credentials to
19evaluate the child in the domain or domains for which an
20evaluation is sought or an intern working under the direct
21supervision of a qualified professional, including a master's
22or doctoral degree candidate.
23    To ensure that a parent can participate fully and
24effectively with school personnel in the development of
25appropriate educational and related services for his or her
26child, the parent, an independent educational evaluator, or a

 

 

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1qualified professional retained by or on behalf of a parent or
2child must be afforded reasonable access to educational
3facilities, personnel, classrooms, and buildings and to the
4child as provided in this subsection (g-5). The requirements of
5this subsection (g-5) apply to any public school facility,
6building, or program and to any facility, building, or program
7supported in whole or in part by public funds. Prior to
8visiting a school, school building, or school facility, the
9parent, independent educational evaluator, or qualified
10professional may be required by the school district to inform
11the building principal or supervisor in writing of the proposed
12visit, the purpose of the visit, and the approximate duration
13of the visit. The visitor and the school district shall arrange
14the visit or visits at times that are mutually agreeable.
15Visitors shall comply with school safety, security, and
16visitation policies at all times. School district visitation
17policies must not conflict with this subsection (g-5). Visitors
18shall be required to comply with the requirements of applicable
19privacy laws, including those laws protecting the
20confidentiality of education records such as the federal Family
21Educational Rights and Privacy Act and the Illinois School
22Student Records Act. The visitor shall not disrupt the
23educational process.
24        (1) A parent must be afforded reasonable access of
25    sufficient duration and scope for the purpose of observing
26    his or her child in the child's current educational

 

 

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1    placement, services, or program or for the purpose of
2    visiting an educational placement or program proposed for
3    the child.
4        (2) An independent educational evaluator or a
5    qualified professional retained by or on behalf of a parent
6    or child must be afforded reasonable access of sufficient
7    duration and scope for the purpose of conducting an
8    evaluation of the child, the child's performance, the
9    child's current educational program, placement, services,
10    or environment, or any educational program, placement,
11    services, or environment proposed for the child, including
12    interviews of educational personnel, child observations,
13    assessments, tests or assessments of the child's
14    educational program, services, or placement or of any
15    proposed educational program, services, or placement. If
16    one or more interviews of school personnel are part of the
17    evaluation, the interviews must be conducted at a mutually
18    agreed upon time, date, and place that do not interfere
19    with the school employee's school duties. The school
20    district may limit interviews to personnel having
21    information relevant to the child's current educational
22    services, program, or placement or to a proposed
23    educational service, program, or placement.
24    (h) (Blank).
25    (i) (Blank).
26    (j) (Blank).

 

 

SB1319- 56 -LRB099 06560 NHT 26633 b

1    (k) (Blank).
2    (l) (Blank).
3    (m) (Blank).
4    (n) (Blank).
5    (o) (Blank).
6(Source: P.A. 98-219, eff. 8-9-13.)
 
7    (105 ILCS 5/14-9.01)  (from Ch. 122, par. 14-9.01)
8    Sec. 14-9.01. Qualifications of teachers, other
9professional personnel and necessary workers. No person shall
10be employed to teach any class or program authorized by this
11Article who does not hold a valid teacher's license certificate
12as provided by law and unless he has had such special training
13as the State Board of Education may require. No special license
14certificate or endorsement to a special license certificate
15issued under Section 21B-30 of this Code Section 21-4 on or
16after July 1, 1994, shall be valid for teaching students with
17visual disabilities unless the person to whom the license
18certificate or endorsement is issued has attained satisfactory
19performance on an examination that is designed to assess
20competency in Braille reading and writing skills according to
21standards that the State Board of Education may adopt. Evidence
22of successfully completing the examination of Braille reading
23and writing skills must be submitted to the State Board of
24Education prior to an applicant's taking examination of the
25content area subject matter knowledge test required under

 

 

SB1319- 57 -LRB099 06560 NHT 26633 b

1Section 21B-30 of this Code Section 21-1a. In Beginning July 1,
21995, in addition to other requirements, a candidate for a
3teaching license certification in the area of the deaf and hard
4of hearing granted by the Illinois State Board of Education for
5teaching deaf and hard of hearing students in grades pre-school
6through grade 12 must demonstrate a minimum proficiency in sign
7language as determined by the Illinois State Board of
8Education. All other professional personnel employed in any
9class, service, or program authorized by this Article shall
10hold such licenses certificates and shall have had such special
11training as the State Board of Education may require; provided
12that in a school district organized under Article 34, the
13school district may employ speech and language pathologists who
14are licensed under the Illinois Speech-Language Pathology and
15Audiology Practice Act but who do not hold a license
16certificate issued under this the School Code if the district
17certifies that a chronic shortage of certified personnel
18exists. Nothing contained in this Act prohibits the school
19board from employing necessary workers to assist the teacher
20with the special educational facilities, except that all such
21necessary workers must have had such training as the State
22Board of Education may require.
23    No later than January 1, 1993, the State Board of Education
24shall develop, in consultation with the Advisory Council on the
25Education of Children with Disabilities and the Advisory
26Council on Bilingual Education, rules governing the

 

 

SB1319- 58 -LRB099 06560 NHT 26633 b

1qualifications for certification of teachers and school
2service personnel providing services to limited English
3learners proficient students receiving special education and
4related services.
5    The employment of any teacher in a special education
6program provided for in Sections 14-1.01 to 14-14.01,
7inclusive, shall be subject to the provisions of Sections 24-11
8to 24-16, inclusive. Any teacher employed in a special
9education program, prior to the effective date of this
10amendatory Act of 1987, in which 2 or more districts
11participate shall enter upon contractual continued service in
12each of the participating districts subject to the provisions
13of Sections 24-11 to 24-16, inclusive.
14(Source: P.A. 92-651, eff. 7-11-02.)
 
15    (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)
16    Sec. 14C-1. The General Assembly finds that there are large
17numbers of children in this State who come from environments
18where the primary language is other than English. Experience
19has shown that public school classes in which instruction is
20given only in English are often inadequate for the education of
21children whose native tongue is another language. The General
22Assembly believes that a program of transitional bilingual
23education can meet the needs of these children and facilitate
24their integration into the regular public school curriculum.
25Therefore, pursuant to the policy of this State to ensure

 

 

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1insure equal educational opportunity to every child, and in
2recognition of the educational needs of English learners
3children of limited English-speaking ability, it is the purpose
4of this Act to provide for the establishment of transitional
5bilingual education programs in the public schools, to provide
6supplemental financial assistance to help local school
7districts meet the extra costs of such programs, and to allow
8this State to directly or indirectly provide technical
9assistance and professional development to support
10transitional bilingual education programs statewide.
11(Source: P.A. 96-1423, eff. 8-3-10.)
 
12    (105 ILCS 5/14C-2)  (from Ch. 122, par. 14C-2)
13    Sec. 14C-2. Definitions. Unless the context indicates
14otherwise, the terms used in this Article have the following
15meanings:
16    (a) "State Board" means the State Board of Education.
17    (b) "Certification Board" means the State Teacher
18Certification Board.
19    (c) "School District" means any school district
20established under this Code.
21    (d) "English learners" "Children of limited
22English-speaking ability" means (1) all children in grades
23pre-K through 12 who were not born in the United States, whose
24native tongue is a language other than English, and who are
25incapable of performing ordinary classwork in English; and (2)

 

 

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1all children in grades pre-K through 12 who were born in the
2United States of parents possessing no or limited
3English-speaking ability and who are incapable of performing
4ordinary classwork in English.
5    (e) "Teacher of transitional bilingual education" means a
6teacher with a speaking and reading ability in a language other
7than English in which transitional bilingual education is
8offered and with communicative skills in English.
9    (f) "Program in transitional bilingual education" means a
10full-time program of instruction (1) in all those courses or
11subjects which a child is required by law to receive and which
12are required by the child's school district, which shall be
13given in the native language of English learners the children
14of limited English-speaking ability who are enrolled in the
15program and also in English, (2) in the reading and writing of
16the native language of English learners the children of limited
17English-speaking ability who are enrolled in the program and in
18the oral language (listening and speaking), reading, and
19writing of English, and (3) in the history and culture of the
20country, territory, or geographic area which is the native land
21of the parents of English learners children of limited
22English-speaking ability who are enrolled in the program and in
23the history and culture of the United States; or a part-time
24program of instruction based on the educational needs of those
25English learners children of limited English-speaking ability
26who do not need a full-time program of instruction.

 

 

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1(Source: P.A. 98-972, eff. 8-15-14.)
 
2    (105 ILCS 5/14C-3)  (from Ch. 122, par. 14C-3)
3    Sec. 14C-3. Language classification of children;
4establishment of program; period of participation;
5examination. Each school district shall ascertain, not later
6than the first day of March, under regulations prescribed by
7the State Board, the number of English learners children of
8limited English-speaking ability within the school district,
9and shall classify them according to the language of which they
10possess a primary speaking ability, and their grade level, age
11or achievement level.
12    When, at the beginning of any school year, there is within
13an attendance center of a school district, not including
14children who are enrolled in existing private school systems,
1520 or more English learners children of limited
16English-speaking ability in any such language classification,
17the school district shall establish, for each classification, a
18program in transitional bilingual education for the children
19therein. A school district may establish a program in
20transitional bilingual education with respect to any
21classification with less than 20 children therein, but should a
22school district decide not to establish such a program, the
23school district shall provide a locally determined
24transitional program of instruction which, based upon an
25individual student language assessment, provides content area

 

 

SB1319- 62 -LRB099 06560 NHT 26633 b

1instruction in a language other than English to the extent
2necessary to ensure that each student can benefit from
3educational instruction and achieve an early and effective
4transition into the regular school curriculum.
5    Every school-age English learner child of limited
6English-speaking ability not enrolled in existing private
7school systems shall be enrolled and participate in the program
8in transitional bilingual education established for the
9classification to which he belongs by the school district in
10which he resides for a period of 3 years or until such time as
11he achieves a level of English language skills which will
12enable him to perform successfully in classes in which
13instruction is given only in English, whichever shall first
14occur.
15    An English learner A child of limited English-speaking
16ability enrolled in a program in transitional bilingual
17education may, in the discretion of the school district and
18subject to the approval of the child's parent or legal
19guardian, continue in that program for a period longer than 3
20years.
21    An examination in the oral language (listening and
22speaking), reading, and writing of English, as prescribed by
23the State Board, shall be administered annually to all English
24learners children of limited English-speaking ability enrolled
25and participating in a program in transitional bilingual
26education. No school district shall transfer an English learner

 

 

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1a child of limited English-speaking ability out of a program in
2transitional bilingual education prior to his third year of
3enrollment therein unless the parents of the child approve the
4transfer in writing, and unless the child has received a score
5on said examination which, in the determination of the State
6Board, reflects a level of English language skills appropriate
7to his or her grade level.
8    If later evidence suggests that a child so transferred is
9still disabled by an inadequate command of English, he may be
10re-enrolled in the program for a length of time equal to that
11which remained at the time he was transferred.
12(Source: P.A. 98-972, eff. 8-15-14.)
 
13    (105 ILCS 5/14C-5)  (from Ch. 122, par. 14C-5)
14    Sec. 14C-5. Nonresident children; enrollment and tuition;
15joint programs. A school district may allow a nonresident
16English learner child of limited English-speaking ability to
17enroll in or attend its program in transitional bilingual
18education, and the tuition for such a child shall be paid by
19the district in which he resides.
20    Any school district may join with any other school district
21or districts to provide the programs in transitional bilingual
22education required or permitted by this Article.
23(Source: P.A. 78-727.)
 
24    (105 ILCS 5/14C-7)  (from Ch. 122, par. 14C-7)

 

 

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1    Sec. 14C-7. Participation in extracurricular activities of
2public schools. Instruction in courses of subjects included in
3a program of transitional bilingual education which are not
4mandatory may be given in a language other than English. In
5those courses or subjects in which verbalization is not
6essential to an understanding of the subject matter, including
7but not necessarily limited to art, music and physical
8education, English learners children of limited
9English-speaking ability shall participate fully with their
10English-speaking contemporaries in the regular public school
11classes provided for said subjects. Each school district shall
12ensure to children enrolled in a program in transitional
13bilingual education practical and meaningful opportunity to
14participate fully in the extracurricular activities of the
15regular public schools in the district.
16(Source: P.A. 78-727.)
 
17    (105 ILCS 5/14C-9)  (from Ch. 122, par. 14C-9)
18    Sec. 14C-9. Tenure; minimum salaries. Any person employed
19as a teacher of transitional bilingual education whose teaching
20certificate was issued pursuant to Section 14C-8 (now repealed)
21of this Code Article shall have such employment credited to him
22or her for the purposes of determining under the provisions of
23this Code eligibility to enter upon contractual continued
24service; provided that such employment immediately precedes
25and is consecutive with the year in which such person becomes

 

 

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1certified under Article 21 of this Code or licensed under
2Article 21B of this Code.
3    For the purposes of determining the minimum salaries
4payable to persons certified under Section 14C-8 (now repealed)
5of this Code Article, such persons shall be deemed to have been
6trained at a recognized institution of higher learning.
7(Source: P.A. 82-597.)
 
8    (105 ILCS 5/14C-11)  (from Ch. 122, par. 14C-11)
9    Sec. 14C-11. Preschool or summer school programs. A school
10district may establish, on a full or part-time basis, preschool
11or summer school programs in transitional bilingual education
12for English learners children of limited English-speaking
13ability or join with the other school districts in establishing
14such preschool or summer programs. Preschool or summer programs
15in transitional bilingual education shall not substitute for
16programs in transitional bilingual education required to be
17provided during the regular school year.
18(Source: P.A. 78-727.)
 
19    (105 ILCS 5/27A-5)
20    Sec. 27A-5. Charter school; legal entity; requirements.
21    (a) A charter school shall be a public, nonsectarian,
22nonreligious, non-home based, and non-profit school. A charter
23school shall be organized and operated as a nonprofit
24corporation or other discrete, legal, nonprofit entity

 

 

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1authorized under the laws of the State of Illinois.
2    (b) A charter school may be established under this Article
3by creating a new school or by converting an existing public
4school or attendance center to charter school status. Beginning
5on the effective date of this amendatory Act of the 93rd
6General Assembly, in all new applications to establish a
7charter school in a city having a population exceeding 500,000,
8operation of the charter school shall be limited to one campus.
9The changes made to this Section by this amendatory Act of the
1093rd General Assembly do not apply to charter schools existing
11or approved on or before the effective date of this amendatory
12Act.
13    (b-5) In this subsection (b-5), "virtual-schooling" means
14a cyber school where students engage in online curriculum and
15instruction via the Internet and electronic communication with
16their teachers at remote locations and with students
17participating at different times.
18    From April 1, 2013 through December 31, 2016, there is a
19moratorium on the establishment of charter schools with
20virtual-schooling components in school districts other than a
21school district organized under Article 34 of this Code. This
22moratorium does not apply to a charter school with
23virtual-schooling components existing or approved prior to
24April 1, 2013 or to the renewal of the charter of a charter
25school with virtual-schooling components already approved
26prior to April 1, 2013.

 

 

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1    On or before March 1, 2014, the Commission shall submit to
2the General Assembly a report on the effect of
3virtual-schooling, including without limitation the effect on
4student performance, the costs associated with
5virtual-schooling, and issues with oversight. The report shall
6include policy recommendations for virtual-schooling.
7    (c) A charter school shall be administered and governed by
8its board of directors or other governing body in the manner
9provided in its charter. The governing body of a charter school
10shall be subject to the Freedom of Information Act and the Open
11Meetings Act.
12    (d) A charter school shall comply with all applicable
13health and safety requirements applicable to public schools
14under the laws of the State of Illinois.
15    (e) Except as otherwise provided in the School Code, a
16charter school shall not charge tuition; provided that a
17charter school may charge reasonable fees for textbooks,
18instructional materials, and student activities.
19    (f) A charter school shall be responsible for the
20management and operation of its fiscal affairs including, but
21not limited to, the preparation of its budget. An audit of each
22charter school's finances shall be conducted annually by an
23outside, independent contractor retained by the charter
24school. To ensure financial accountability for the use of
25public funds, on or before December 1 of every year of
26operation, each charter school shall submit to its authorizer

 

 

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1and the State Board a copy of its audit and a copy of the Form
2990 the charter school filed that year with the federal
3Internal Revenue Service. In addition, if deemed necessary for
4proper financial oversight of the charter school, an authorizer
5may require quarterly financial statements from each charter
6school.
7    (g) A charter school shall comply with all provisions of
8this Article, ; the Illinois Educational Labor Relations Act, ;
9all federal and State laws and rules applicable to public
10schools that pertain to special education and the instruction
11of English language learners, referred to in this Code as
12"children of limited English-speaking ability"; and its
13charter. A charter school is exempt from all other State laws
14and regulations in this Code governing public schools and local
15school board policies, except the following:
16        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
17    criminal history records checks and checks of the Statewide
18    Sex Offender Database and Statewide Murderer and Violent
19    Offender Against Youth Database of applicants for
20    employment;
21        (2) Sections 24-24 and 34-84A of this Code regarding
22    discipline of students;
23        (3) the Local Governmental and Governmental Employees
24    Tort Immunity Act;
25        (4) Section 108.75 of the General Not For Profit
26    Corporation Act of 1986 regarding indemnification of

 

 

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1    officers, directors, employees, and agents;
2        (5) the Abused and Neglected Child Reporting Act;
3        (6) the Illinois School Student Records Act;
4        (7) Section 10-17a of this Code regarding school report
5    cards;
6        (8) the P-20 Longitudinal Education Data System Act;
7    and
8        (9) Section 27-23.7 of this Code regarding bullying
9    prevention; and .
10        (10) (9) Section 2-3.162 2-3.160 of this the School
11    Code regarding student discipline reporting.
12    The change made by Public Act 96-104 to this subsection (g)
13is declaratory of existing law.
14    (h) A charter school may negotiate and contract with a
15school district, the governing body of a State college or
16university or public community college, or any other public or
17for-profit or nonprofit private entity for: (i) the use of a
18school building and grounds or any other real property or
19facilities that the charter school desires to use or convert
20for use as a charter school site, (ii) the operation and
21maintenance thereof, and (iii) the provision of any service,
22activity, or undertaking that the charter school is required to
23perform in order to carry out the terms of its charter.
24However, a charter school that is established on or after the
25effective date of this amendatory Act of the 93rd General
26Assembly and that operates in a city having a population

 

 

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1exceeding 500,000 may not contract with a for-profit entity to
2manage or operate the school during the period that commences
3on the effective date of this amendatory Act of the 93rd
4General Assembly and concludes at the end of the 2004-2005
5school year. Except as provided in subsection (i) of this
6Section, a school district may charge a charter school
7reasonable rent for the use of the district's buildings,
8grounds, and facilities. Any services for which a charter
9school contracts with a school district shall be provided by
10the district at cost. Any services for which a charter school
11contracts with a local school board or with the governing body
12of a State college or university or public community college
13shall be provided by the public entity at cost.
14    (i) In no event shall a charter school that is established
15by converting an existing school or attendance center to
16charter school status be required to pay rent for space that is
17deemed available, as negotiated and provided in the charter
18agreement, in school district facilities. However, all other
19costs for the operation and maintenance of school district
20facilities that are used by the charter school shall be subject
21to negotiation between the charter school and the local school
22board and shall be set forth in the charter.
23    (j) A charter school may limit student enrollment by age or
24grade level.
25    (k) If the charter school is approved by the Commission,
26then the Commission charter school is its own local education

 

 

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1agency.
2(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
397-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
498-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
51-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
610-14-14.)
 
7    (105 ILCS 5/34-2.4)  (from Ch. 122, par. 34-2.4)
8    Sec. 34-2.4. School improvement plan. A 3 year local school
9improvement plan shall be developed and implemented at each
10attendance center. This plan shall reflect the overriding
11purpose of the attendance center to improve educational
12quality. The local school principal shall develop a school
13improvement plan in consultation with the local school council,
14all categories of school staff, parents and community
15residents. Once the plan is developed, reviewed by the
16professional personnel leadership committee, and approved by
17the local school council, the principal shall be responsible
18for directing implementation of the plan, and the local school
19council shall monitor its implementation. After the
20termination of the initial 3 year plan, a new 3 year plan shall
21be developed and modified as appropriate on an annual basis.
22    The school improvement plan shall be designed to achieve
23priority goals including but not limited to:
24        (a) assuring that students show significant progress
25    toward meeting and exceeding State performance standards

 

 

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1    in State mandated learning areas, including the mastery of
2    higher order thinking skills in these areas;
3        (b) assuring that students attend school regularly and
4    graduate from school at such rates that the district
5    average equals or surpasses national norms;
6        (c) assuring that students are adequately prepared for
7    and aided in making a successful transition to further
8    education and life experience;
9        (d) assuring that students are adequately prepared for
10    and aided in making a successful transition to employment;
11    and
12        (e) assuring that students are, to the maximum extent
13    possible, provided with a common learning experience that
14    is of high academic quality and that reflects high
15    expectations for all students' capacities to learn.
16    With respect to these priority goals, the school
17improvement plan shall include but not be limited to the
18following:
19        (a) an analysis of data collected in the attendance
20    center and community indicating the specific strengths and
21    weaknesses of the attendance center in light of the goals
22    specified above, including data and analysis specified by
23    the State Board of Education pertaining to specific
24    measurable outcomes for student performance, the
25    attendance centers, and their instructional programs;
26        (b) a description of specific annual objectives the

 

 

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1    attendance center will pursue in achieving the goals
2    specified above;
3        (c) a description of the specific activities the
4    attendance center will undertake to achieve its
5    objectives;
6        (d) an analysis of the attendance center's staffing
7    pattern and material resources, and an explanation of how
8    the attendance center's planned staffing pattern, the
9    deployment of staff, and the use of material resources
10    furthers the objectives of the plan;
11        (e) a description of the key assumptions and directions
12    of the school's curriculum and the academic and
13    non-academic programs of the attendance center, and an
14    explanation of how this curriculum and these programs
15    further the goals and objectives of the plan;
16        (f) a description of the steps that will be taken to
17    enhance educational opportunities for all students,
18    regardless of gender, including limited English learners
19    proficient students, disabled students, low-income
20    students and minority students;
21        (g) a description of any steps which may be taken by
22    the attendance center to educate parents as to how they can
23    assist children at home in preparing their children to
24    learn effectively;
25        (h) a description of the steps the attendance center
26    will take to coordinate its efforts with, and to gain the

 

 

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1    participation and support of, community residents,
2    business organizations, and other local institutions and
3    individuals;
4        (i) a description of any staff development program for
5    all school staff and volunteers tied to the priority goals,
6    objectives, and activities specified in the plan;
7        (j) a description of the steps the local school council
8    will undertake to monitor implementation of the plan on an
9    ongoing basis;
10        (k) a description of the steps the attendance center
11    will take to ensure that teachers have working conditions
12    that provide a professional environment conducive to
13    fulfilling their responsibilities;
14        (l) a description of the steps the attendance center
15    will take to ensure teachers the time and opportunity to
16    incorporate new ideas and techniques, both in subject
17    matter and teaching skills, into their own work;
18        (m) a description of the steps the attendance center
19    will take to encourage pride and positive identification
20    with the attendance center through various athletic
21    activities; and
22        (n) a description of the student need for and provision
23    of services to special populations, beyond the standard
24    school programs provided for students in grades K through
25    12 and those enumerated in the categorical programs cited
26    in item d of part 4 of Section 34-2.3, including financial

 

 

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1    costs of providing same and a timeline for implementing the
2    necessary services, including but not limited, when
3    applicable, to ensuring the provisions of educational
4    services to all eligible children aged 4 years for the
5    1990-91 school year and thereafter, reducing class size to
6    State averages in grades K-3 for the 1991-92 school year
7    and thereafter and in all grades for the 1993-94 school
8    year and thereafter, and providing sufficient staff and
9    facility resources for students not served in the regular
10    classroom setting.
11    Based on the analysis of data collected indicating specific
12strengths and weaknesses of the attendance center, the school
13improvement plan may place greater emphasis from year to year
14on particular priority goals, objectives, and activities.
15(Source: P.A. 93-48, eff. 7-1-03.)
 
16    (105 ILCS 5/34-8.17)
17    Sec. 34-8.17. Lump-sum allocation; key centralized
18functions. Final designation as a Learning Zone under this Law
19shall entitle the participating attendance centers to receive
20funds in lump-sum allocations, to budget and spend those funds,
21and to operate in accordance with the designation and this Law.
22Lump-sum allocations shall be based on the number of enrolled
23regular and special needs students and shall include all
24operating funds for compensation, supplies, equipment,
25repairs, energy, maintenance, transportation, and professional

 

 

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1services, and all special funds that follow special
2populations, including desegregation, special education,
3bilingual, federal, and State Chapter 1 funds. A sum equal to
43.2% of operating funds shall be deducted by the board to
5provide key centralized functions, unless a designated
6Learning Zone obtains one or more of those functions elsewhere,
7in which case the sum shall be appropriately adjusted. As used
8in this Law, key centralized functions shall mean:
9        (1) Equity assurance staff to ensure that services are
10    maintained for students with disabilities, limited English
11    learners proficient students, low-income students, and any
12    other special need students as required by federal law;
13        (2) Payroll services and background and credential
14    checks;
15        (3) Budget and treasury services to levy and collect
16    taxes and distribute lump-sum funding;
17        (4) Central computer systems providing information
18    distribution and networking;
19        (5) On-line data collection and analysis centers for
20    student and school data;
21        (6) Emergency pool funding; and
22        (7) Legal and labor departmental services for
23    system-wide litigation and collective bargaining
24    negotiations.
25(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
 

 

 

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1    Section 10. The Critical Health Problems and Comprehensive
2Health Education Act is amended by changing Section 5 as
3follows:
 
4    (105 ILCS 110/5)  (from Ch. 122, par. 865)
5    Sec. 5. Advisory Committee. An advisory committee
6consisting of 11 members is hereby established as follows: the
7Director of Public Health or his or her designee, the Secretary
8of Human Services or his or her designee, and an additional
9person representing the Department of Human Services
10designated by the Secretary, the Director of Children and
11Family Services or his or her designee, the Chairman of the
12Illinois Joint Committee on School Health or his or her
13designee, and 7 6 members to be appointed by the State Board of
14Education to be chosen, insofar as is possible, from the
15following groups: colleges and universities, voluntary health
16agencies, medicine, dentistry, professional health
17associations, teachers, administrators, members of local
18boards of education, and lay citizens. The original public
19members shall, upon their appointment, serve until July 1,
201973, and, thereafter, new appointments of public members shall
21be made in like manner and such members shall serve for 4 year
22terms commencing on July 1, 1973, and until their successors
23are appointed and qualified. Vacancies in the terms of public
24members shall be filled in like manner as original appointments
25for the balance of the unexpired terms. The members of the

 

 

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1advisory committee shall receive no compensation but shall be
2reimbursed for actual and necessary expenses incurred in the
3performance of their duties. Such committee shall select a
4chairman and establish rules and procedures for its proceedings
5not inconsistent with the provisions of this Act. Such
6committee shall advise the State Board of Education on all
7matters relating to the implementation of the provisions of
8this Act. They shall assist in presenting advice and
9interpretation concerning a comprehensive health education
10program to the Illinois public, especially as related to
11critical health problems. They shall also assist in
12establishing a sound understanding and sympathetic
13relationship between such comprehensive health education
14program and the public health, welfare and educational programs
15of other agencies in the community.
16(Source: P.A. 90-372, eff. 7-1-98; 91-61, eff. 6-30-99.)
 
17    (105 ILCS 5/2-3.60 rep.)
18    (105 ILCS 5/2-3.64b rep.)
19    (105 ILCS 5/2-3.120 rep.)
20    (105 ILCS 5/2-3.137 rep.)
21    (105 ILCS 5/2-3.147 rep.)
22    (105 ILCS 5/3-11.5 rep.)
23    (105 ILCS 5/22-65 rep.)
24    (105 ILCS 5/22-75 rep.)
25    Section 15. The School Code is amended by repealing

 

 

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1Sections 2-3.60, 2-3.64b, 2-3.120, 2-3.137, 2-3.147, 3-11.5,
222-65, and 22-75.
 
3    Section 99. Effective date. This Act takes effect July 1,
42015.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/1A-10
4    105 ILCS 5/1C-4
5    105 ILCS 5/2-3.12from Ch. 122, par. 2-3.12
6    105 ILCS 5/2-3.39from Ch. 122, par. 2-3.39
7    105 ILCS 5/2-3.62from Ch. 122, par. 2-3.62
8    105 ILCS 5/2-3.64a-5
9    105 ILCS 5/2-3.162
10    105 ILCS 5/3-1from Ch. 122, par. 3-1
11    105 ILCS 5/3-2.5
12    105 ILCS 5/3-11from Ch. 122, par. 3-11
13    105 ILCS 5/3-15.6from Ch. 122, par. 3-15.6
14    105 ILCS 5/3-15.10from Ch. 122, par. 3-15.10
15    105 ILCS 5/3-15.17
16    105 ILCS 5/10-17afrom Ch. 122, par. 10-17a
17    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
18    105 ILCS 5/14-9.01from Ch. 122, par. 14-9.01
19    105 ILCS 5/14C-1from Ch. 122, par. 14C-1
20    105 ILCS 5/14C-2from Ch. 122, par. 14C-2
21    105 ILCS 5/14C-3from Ch. 122, par. 14C-3
22    105 ILCS 5/14C-5from Ch. 122, par. 14C-5
23    105 ILCS 5/14C-7from Ch. 122, par. 14C-7
24    105 ILCS 5/14C-9from Ch. 122, par. 14C-9
25    105 ILCS 5/14C-11from Ch. 122, par. 14C-11

 

 

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1    105 ILCS 5/27A-5
2    105 ILCS 5/34-2.4from Ch. 122, par. 34-2.4
3    105 ILCS 5/34-8.17
4    105 ILCS 110/5from Ch. 122, par. 865
5    105 ILCS 5/2-3.60 rep.
6    105 ILCS 5/2-3.64b rep.
7    105 ILCS 5/2-3.120 rep.
8    105 ILCS 5/2-3.137 rep.
9    105 ILCS 5/2-3.147 rep.
10    105 ILCS 5/3-11.5 rep.
11    105 ILCS 5/22-65 rep.
12    105 ILCS 5/22-75 rep.