(105 ILCS 5/2-3.130)
Sec. 2-3.130. Isolated time out, time out, and physical restraint rules; grant program; third-party assistance; goals and plans. (a) For purposes of this Section, "isolated time out", "physical restraint", and "time out" have the meanings given to those terms under Section 10-20.33. (b) The
State Board of Education shall promulgate rules governing the use of isolated time out, time out,
and physical restraint in special education nonpublic facilities and the public schools. The rules shall include
provisions governing the documentation and reporting that is required each time these interventions are used.
The rules adopted by the State Board shall
include a procedure by which a person who believes a violation of
Section 10-20.33 or 34-18.20 has occurred may file a complaint.
The rules adopted by the State Board shall include training requirements that must be included in training programs used to train and certify school personnel. The State Board shall establish procedures for progressive enforcement
actions to ensure that schools fully comply with the
documentation and reporting requirements for isolated time out, time out, and physical
restraint established by rule, which shall include meaningful and
appropriate sanctions for the failure to comply, including the failure to
report to the parent or guardian and to the State Board, the failure
to timely report, and the failure to provide detailed documentation. (c) Subject to appropriation, the State Board shall, by adoption of emergency rules under subsection (rr) of Section 5-45 of the Illinois Administrative Procedure Act if it so chooses, create a
grant program for school districts, special education nonpublic facilities approved under Section 14-7.02 of this Code, and special education
cooperatives to implement school-wide,
culturally sensitive, and trauma-informed practices, positive
behavioral interventions and supports, and restorative practices
within a multi-tiered system of support aimed at reducing the
need for interventions, such as isolated time out, time out, and physical restraint. The State Board shall give priority in grant funding to those school districts, special education nonpublic facilities approved under Section 14-7.02 of this Code, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. (d) Subject to the Illinois Procurement Code, the Illinois School Student Records Act, the Mental Health and Developmental Disabilities Confidentiality Act, and the federal Family Educational Rights and Privacy Act of 1974, the State Board may contract with a third party to provide
assistance with the oversight and monitoring of the use of isolated time
out, time out, and physical restraint by school districts. (e) For the purpose of this subsection and subsection (f), "entity" means a school district, a special education nonpublic school approved under Section 14-7.02 of this Code and located in this State, or a special education cooperative to the extent the cooperative operates separate schools or programs within schools. The State Board shall establish goals within 90 days after the effective date of this amendatory Act of the 102nd General Assembly, with
specific benchmarks, for entities to accomplish the systemic reduction
of isolated time out, time out, and physical restraint within 3 years after the effective date of this amendatory Act of the 102nd General Assembly.
The State Board shall engage in meaningful consultation with stakeholders to establish the goals, including in the review and evaluation of the data submitted. The State Board shall also consult stakeholders in efforts to develop strategies to measure and reduce racial and ethnic disparities in the use of isolated time out, time out, and physical restraint. Each entity shall create a time out and physical restraint oversight team that includes, but is not limited to, teachers, paraprofessionals, school service personnel, and administrators to develop (i) an entity-specific plan for reducing and eventually eliminating the use
of isolated time out, time out, and physical restraint in accordance with the goals and benchmarks established by the State Board and (ii) procedures to implement the plan developed by the team. The progress toward the reduction and eventual elimination of the use of isolated time out and physical restraint shall be measured by the reduction in the overall number of incidents of those interventions and the total number of students subjected to those interventions. In limited cases, upon written application made by an entity and approved by the State Board based on criteria developed by the State Board to show good cause, the reduction in the use of those interventions may be measured by the frequency of the use of those interventions on individual students and the student population as a whole. The State Board shall specify a date for submission of the plans. Entities shall submit a report once each year for 3 years after the effective date of this amendatory Act of the 102nd General Assembly to the State Board on the progress made toward achieving the goals and benchmarks established by the State Board and modify their plans as necessary to satisfy those goals and benchmarks. Entities shall notify parents and guardians that the plans and reports are available for review. On or before June 30, 2023, the State Board shall issue a report to the General Assembly on the progress made by entities to achieve those goals and benchmarks. The required plans shall include, but not be limited to, the specific actions that are to be taken
to: (1) reduce and eventually eliminate a reliance on |
| isolated time out, time out, and physical restraint for behavioral interventions and develop noncoercive environments;
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(2) develop individualized student plans that are
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| oriented toward prevention of the use of isolated time out, time out, and physical restraint with the intent that a plan be separate and apart from a student's individualized education program or a student's plan for services under Section 504 of the federal Rehabilitation Act of 1973;
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(3) ensure that appropriate personnel are fully
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| informed of the student's history, including any history of physical or sexual abuse, and other relevant medical and mental health information, except that any disclosure of student information must be consistent with federal and State laws and rules governing student confidentiality and privacy rights; and
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(4) support a vision for cultural change that
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| reinforces the following:
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(A) positive behavioral interventions and support
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| rather than isolated time out, time out, and physical restraint;
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(B) effective ways to de-escalate situations to
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| avoid isolated time out, time out, and physical restraint;
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(C) crisis intervention techniques that use
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| alternatives to isolated time out, time out, and physical restraint; and
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(D) use of debriefing meetings to reassess what
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| occurred and why it occurred and to think through ways to prevent use of the intervention the next time.
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(f) An entity, as defined in subsection (e), is exempt from the requirement to submit a plan and the annual reports under subsection (e) if the entity is able to demonstrate to the satisfaction of the State Board that (i) within the previous 3 years, the entity has never engaged in the use of isolated time out, time out, or physical restraint and (ii) the entity has adopted a written policy that prohibits the use isolated time out, time out, and physical restraint on a student and is able to demonstrate the enforcement of that policy.
(g) The State Board shall establish a system of ongoing review,
auditing, and monitoring to ensure that entities comply with the
documentation and reporting requirements and meet the State Board's established goals
and benchmarks for reducing and eventually eliminating the use of isolated time out, time out, and
physical restraint.
(Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.139)
Sec. 2-3.139. School wellness policies; taskforce.
(a) The State Board of Education shall establish a State goal that all school districts have a wellness policy that is consistent with recommendations of the Centers for Disease Control and Prevention (CDC), which recommendations include the following: (1) nutrition guidelines for all foods sold on school |
| campus during the school day;
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(2) setting school goals for nutrition education and
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(3) establishing community participation in creating
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| local wellness policies; and
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(4) creating a plan for measuring implementation of
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The Department of Public Health, the Department of Human Services, and the State Board of Education shall form an interagency working group to publish model wellness policies and recommendations. Sample policies shall be based on CDC recommendations for nutrition and physical activity. The State Board of Education shall distribute the model wellness policies to all school districts before June 1, 2006.
(b) There is created the School Wellness Policy Taskforce, consisting of
the following members:
(1) One member representing the State Board of
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| Education, appointed by the State Board of Education.
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(2) One member representing the Department of Public
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| Health, appointed by the Director of Public Health.
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(3) One member representing the Department of Human
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| Services, appointed by the Secretary of Human Services.
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(4) One member of an organization representing the
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| interests of school nurses in this State, appointed by the interagency working group.
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(5) One member of an organization representing the
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| interests of school administrators in this State, appointed by the interagency working group.
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(6) One member of an organization representing the
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| interests of school boards in this State, appointed by the interagency working group.
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(7) One member of an organization representing the
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| interests of regional superintendents of schools in this State, appointed by the interagency working group.
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(8) One member of an organization representing the
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| interests of parent-teacher associations in this State, appointed by the interagency working group.
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(9) One member of an organization representing the
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| interests of pediatricians in this State, appointed by the interagency working group.
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(10) One member of an organization representing the
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| interests of dentists in this State, appointed by the interagency working group.
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(11) One member of an organization representing the
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| interests of dieticians in this State, appointed by the interagency working group.
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(12) One member of an organization that has an
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| interest and expertise in heart disease, appointed by the interagency working group.
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(13) One member of an organization that has an
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| interest and expertise in cancer, appointed by the interagency working group.
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(14) One member of an organization that has an
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| interest and expertise in childhood obesity, appointed by the interagency working group.
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(15) One member of an organization that has an
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| interest and expertise in the importance of physical education and recreation in preventing disease, appointed by the interagency working group.
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(16) One member of an organization that has an
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| interest and expertise in school food service, appointed by the interagency working group.
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(17) One member of an organization that has an
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| interest and expertise in school health, appointed by the interagency working group.
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(18) One member of an organization that campaigns
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| for programs and policies for healthier school environments, appointed by the interagency working group.
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(19) One at-large member with a doctorate in
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| nutrition, appointed by the State Board of Education.
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Members of the taskforce shall serve without compensation. The taskforce shall meet at the call of the State Board of Education. The taskforce shall report its identification of barriers to implementing school wellness policies and its recommendations to reduce those barriers to the General Assembly and the Governor on or before January 1, 2006. The taskforce shall report its recommendations on statewide school nutrition standards to the General Assembly and the Governor on or before January 1, 2007. The taskforce shall report its evaluation of the effectiveness of school wellness policies to the General Assembly and the Governor on or before January 1, 2008. The evaluation shall review a sample size of 5 to 10 school districts. Reports shall be made to the General Assembly by filing copies of each report as provided in Section 3.1 of the General Assembly Organization Act. Upon the filing of the last report, the taskforce is dissolved.
(c) The State Board of Education may adopt any rules necessary to implement this Section.
(d) Nothing in this Section may be construed as a curricular mandate on any school district.
(Source: P.A. 94-199, eff. 7-12-05; 95-331, eff. 8-21-07.)
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(105 ILCS 5/2-3.152) (Text of Section before amendment by P.A. 103-265 ) Sec. 2-3.152. Community schools. (a) This Section applies beginning with the 2009-2010 school year. (b) The General Assembly finds all of the following: (1) All children are capable of success. (2) Schools are the centers of vibrant communities. (3) Strong families build strong educational |
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(4) Children succeed when adults work together to
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| foster positive educational outcomes.
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(5) Schools work best when families take active roles
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| in the education of children.
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(6) Schools today are limited in their ability to
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| dedicate time and resources to provide a wide range of educational opportunities to students because of the focus on standardized test outcomes.
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(7) By providing learning opportunities outside of
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| normal school hours, including programs on life skills and health, students are more successful academically, more engaged in their communities, safer, and better prepared to make a successful transition from school to adulthood.
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(8) A community school is a traditional school that
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| actively partners with its community to leverage existing resources and identify new resources to support the transformation of the school to provide enrichment and additional life skill opportunities for students, parents, and community members at-large. Each community school is unique because its programming is designed by and for the school staff, in partnership with parents, community stakeholders, and students.
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(9) Community schools currently exist in this State
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| in urban, rural, and suburban communities.
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(10) Research shows that community schools have a
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| powerful positive impact on students, as demonstrated by increased academic success, a positive change in attitudes toward school and learning, and decreased behavioral problems.
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(11) After-school and evening programs offered by
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| community schools provide academic enrichment consistent with the Illinois Learning Standards and general school curriculum; an opportunity for physical fitness activities for students, fine arts programs, structured learning "play" time, and other recreational opportunities; a safe haven for students; and work supports for working families.
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(12) Community schools are cost-effective because
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| they leverage existing resources provided by local, State, federal, and private sources and bring programs to the schools, where the students are already congregated. Community schools have been shown to leverage between $5 to $8 in existing programming for every $1 spent on a community school.
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(c) Subject to an appropriation or the availability of funding for such purposes, the State Board of Education shall make grants available to fund community schools and to enhance programs at community schools. A request-for-proposal process must be used in awarding grants under this subsection (c). Proposals may be submitted on behalf of a school, a school district, or a consortium of 2 or more schools or school districts. Proposals must be evaluated and scored on the basis of criteria consistent with this Section and other factors developed and adopted by the State Board of Education. Technical assistance in grant writing must be made available to schools, school districts, or consortia of school districts through the State Board of Education directly or through a resource and referral directory established and maintained by the State Board of Education.
(d) In order to qualify for a community school grant under this Section, a school must, at a minimum, have the following components:
(1) Before and after-school programming each school
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| day to meet the identified needs of students.
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(2) Weekend programming.
(3) At least 4 weeks of summer programming.
(4) A local advisory group comprised of school
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| leadership, parents, and community stakeholders that establishes school-specific programming goals, assesses program needs, and oversees the process of implementing expanded programming.
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(5) A program director or resource coordinator who is
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| responsible for establishing a local advisory group, assessing the needs of students and community members, identifying programs to meet those needs, developing the before and after-school, weekend, and summer programming and overseeing the implementation of programming to ensure high quality, efficiency, and robust participation.
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(6) Programming that includes academic excellence
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| aligned with the Illinois Learning Standards, life skills, healthy minds and bodies, parental support, and community engagement and that promotes staying in school and non-violent behavior and non-violent conflict resolution.
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(7) Maintenance of attendance records in all
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(8) Maintenance of measurable data showing annual
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| participation and the impact of programming on the participating children and adults.
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(9) Documentation of true collaboration between the
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| school and community stakeholders, including local governmental units, civic organizations, families, businesses, and social service providers.
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(10) A non-discrimination policy ensuring that the
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| community school does not condition participation upon race, ethnic origin, religion, sex, or disability.
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(Source: P.A. 96-746, eff. 8-25-09; 96-1000, eff. 7-2-10.)
(Text of Section after amendment by P.A. 103-265 )
Sec. 2-3.152. Community schools.
(a) This Section applies beginning with the 2024-2025 school year.
(b) The General Assembly finds all of the following:
(1) All children are capable of success.
(2) Schools are the centers of vibrant communities.
(3) Strong families build strong educational
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|
(4) Children succeed when adults work together to
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| foster positive educational outcomes.
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(5) Schools work best when families take active roles
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| in the education of children.
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|
(6) Schools today are limited in their ability to
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| dedicate time and resources to provide a wide range of educational opportunities to students because of the focus on standardized test outcomes.
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(7) By providing learning opportunities outside of
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| normal school hours, including programs on life skills and health, students are more successful academically, more engaged in their communities, safer, and better prepared to make a successful transition from school to adulthood.
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(8) A community school is a public school or
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| nonpublic school that establishes a set of strategic partnerships between the school and other community resources that promote student achievement, positive learning conditions, and the well-being of students by providing wraparound services and that actively partners with its community to leverage existing resources and identify new resources to support the transformation of the school to provide enrichment and additional life skill opportunities for students, parents, and community members at-large. Each community school is unique because its programming is designed by and for the school staff, in partnership with parents, community stakeholders, and students.
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(9) Community schools currently exist in this State
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| in urban, rural, and suburban communities.
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(10) Research shows that community schools have a
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| powerful positive impact on students, as demonstrated by increased academic success, a positive change in attitudes toward school and learning, and decreased behavioral problems.
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(11) After-school and evening programs offered by
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| community schools provide academic enrichment consistent with the Illinois Learning Standards and general school curriculum; an opportunity for physical fitness activities for students, fine arts programs, structured learning "play" time, and other recreational opportunities; a safe haven for students; and work supports for working families.
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(12) Community schools are cost-effective because
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| they leverage existing resources provided by local, State, federal, and private sources and bring programs to the schools, where the students are already congregated.
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(c) Subject to an appropriation or the availability of State or federal funding for such purposes, the State Board of Education shall make grants available to fund community schools and to enhance programs at community schools. A request-for-proposal process must be used in awarding grants under this subsection (c). Proposals may be submitted on behalf of a school, a school district, or a consortium of 2 or more schools or school districts. Proposals must be evaluated and scored on the basis of criteria consistent with this Section and other factors developed and adopted by the State Board of Education. Technical assistance in grant writing must be made available to schools, school districts, or consortia of school districts through the State Board of Education directly or through a resource and referral directory established and maintained by the State Board of Education.
(d) As used in this subsection (d), "trauma-informed intervention" means a method for understanding and responding to an individual with symptoms of chronic interpersonal trauma or traumatic stress.
In order to qualify for a community school grant under this Section, a school may, at a minimum, provide the following:
(1) Before and after-school programming each school
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| day to meet the identified needs of students.
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(2) Weekend programming.
(3) Summer programming.
(4) A local advisory group comprised of school
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| leadership, parents, and community stakeholders that establishes school-specific programming goals, assesses program needs, and oversees the process of implementing expanded programming.
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|
(5) A program director, resource coordinator, or
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| community school coordinator who is responsible for establishing a local advisory group, assessing the needs of students and community members, identifying programs to meet those needs, developing the before and after-school, weekend, and summer programming and overseeing the implementation of programming to ensure high quality, efficiency, and robust participation.
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(6) Programming that includes academic excellence
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| aligned with the Illinois Learning Standards, life skills, healthy minds and bodies, parental support, trauma-informed intervention, and community engagement and that promotes staying in school and non-violent behavior and non-violent conflict resolution.
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(7) Maintenance of attendance records in all
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(8) Maintenance of measurable data showing annual
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| participation and the impact of programming on the participating children and adults.
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(9) Documentation of true collaboration between the
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| school and community stakeholders, including local governmental units, civic organizations, families, businesses, and social service providers.
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(10) A non-discrimination policy ensuring that the
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| community school does not condition participation upon race, ethnic origin, religion, sex, or disability.
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(11) Wraparound services, including:
(A) safe transportation to school;
(B) vision and dental care services;
(C) established or expanded school-based health
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(D) additional social workers, mentors,
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| counselors, psychologists, and restorative practice coaches and enhancing physical wellness, including providing healthy food for in-school and out-of-school time and linkages to community providers;
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(E) enhanced behavioral health services,
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| including access to mental health practitioners and providing professional development to school staff to provide trauma-informed interventions;
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(F) family and community engagement and support,
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| including informing parents of academic course offerings, language classes, workforce development training, opportunities for children, and available social services, as well as educating families on how to monitor a child's learning;
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(G) student enrichment experiences; and
(H) professional development for teachers and
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| school staff to quickly identify students who are in need of these resources.
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(Source: P.A. 103-265, eff. 6-1-24.)
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(105 ILCS 5/2-3.153) Sec. 2-3.153. Survey of learning conditions. (a) The State Board of Education shall administer a climate survey, identified by and paid for by the State Board of Education, to provide feedback from, at a minimum, students in grades 4 through 12 and teachers on the instructional environment within a school. Each school district shall annually administer the climate survey in every public school attendance center by a date specified by the State Superintendent of Education, and data resulting from the instrument's administration must be provided to the State Board of Education. The survey component that requires completion by the teachers must be administered during teacher meetings or professional development days or at other times that would not interfere with the teachers' regular classroom and direct instructional duties. The State Superintendent shall publicly report on the survey indicators of learning conditions resulting from administration of the instrument at the individual school, district, and State levels and shall identify whether the indicators result from an anonymous administration of the instrument.
(b) A school district may elect to use, on a district-wide basis and at the school district's sole cost and expense, an alternate climate survey of learning conditions instrument pre-approved by the State Superintendent under subsection (c) of this Section in lieu of the State-adopted climate survey, provided that: (1) the school district notifies the State Board of |
| Education, on a form provided by the State Superintendent, of its intent to administer an alternate climate survey on or before a date established by the State Superintendent for each school;
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(2) the notification submitted to the State Board
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| under paragraph (1) of this subsection (b) must be accompanied by a certification signed by the president of the local teachers' exclusive bargaining representative and president of the school board indicating that the alternate survey has been agreed to by the teachers' exclusive bargaining representative and the school board;
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(3) the school district's administration of the
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| alternate instrument, including providing to the State Board of Education data and reports suitable to be published on school report cards and the State School Report Card Internet website, is performed in accordance with the requirements of subsection (a) of this Section; and
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(4) the alternate instrument is administered each
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(c) The State Superintendent, in consultation with teachers, principals, superintendents, and other appropriate stakeholders, shall administer an approval process through which at least 2, but not more than 3, alternate survey of learning conditions instruments will be approved by the State Superintendent following a determination by the State Superintendent that each approved instrument:
(1) meets all requirements of subsection (a) of this
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(2) provides a summation of indicator results of the
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| alternative survey by a date established by the State Superintendent in a manner that allows the indicator results to be included on school report cards pursuant to Section 10-17a of this Code by October 31 of the school year following the instrument's administration;
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(3) provides summary reports for each district and
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| attendance center intended for parents and community stakeholders;
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(4) meets scale reliability requirements using
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| accepted testing measures;
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(5) provides research-based evidence linking
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| instrument content to one or more improved student outcomes; and
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(6) has undergone and documented testing to prove
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| validity and reliability.
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The State Superintendent shall periodically review and update the list of approved alternate survey instruments, provided that at least 2, but no more than 3, alternate survey instruments shall be approved for use during any school year.
(d) Nothing contained in this amendatory Act of the 98th General Assembly repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on the effective date of this amendatory Act of the 98th General Assembly in Illinois courts involving the interpretation of Public Act 97-8.
(Source: P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/2-3.159) Sec. 2-3.159. State Seal of Biliteracy. (a) In this Section, "foreign language" means any language other than English, including all modern languages, Latin, American Sign Language, Native American languages, and native languages. (b) The State Seal of Biliteracy program is established to recognize public and non-public high school graduates who have attained a high level of proficiency in one or more languages in addition to English. School district and non-public school participation in this program is voluntary. (c) The purposes of the State Seal of Biliteracy are as follows: (1) To encourage pupils to study languages. (2) To certify attainment of biliteracy. (3) To provide employers with a method of |
| identifying people with language and biliteracy skills.
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(4) To provide universities with an additional
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| method to recognize applicants seeking admission.
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(5) To prepare pupils with 21st century skills.
(6) To recognize the value of foreign language and
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| native language instruction in public and non-public schools.
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(7) To strengthen intergroup relationships, affirm
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| the value of diversity, and honor the multiple cultures and languages of a community.
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(d) The State Seal of Biliteracy certifies attainment of a high
level of proficiency, sufficient for meaningful use in college and a career, by a graduating public or non-public high school pupil in one or more
languages in addition to English.
(e) The State Board of Education shall adopt such rules as may be necessary to establish the criteria that pupils must achieve to earn a State Seal of Biliteracy, which may include without limitation attainment of units of credit in English language arts and languages other than English and passage of such assessments of foreign language proficiency as may be approved by the State Board of Education for this purpose. These rules shall ensure that the criteria that pupils must achieve to earn a State Seal of Biliteracy meet the course credit criteria established under subsection (i) of this Section.
(e-5) To demonstrate sufficient English language proficiency for eligibility to receive a State Seal of Biliteracy under this Section, the State Board of Education shall allow a pupil to provide his or her school district with evidence of completion of any of the following, in accordance with guidelines for proficiency adopted by the State Board:
(1) An AP (Advanced Placement) English Language and
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(2) An English language arts dual credit course.
(3) Transitional coursework in English language arts
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| articulated in partnership with a public community college as an ESSA (Every Student Succeeds Act) College and Career Readiness Indicator.
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(f) The State Board of Education shall do both of the following:
(1) Prepare and deliver to participating school
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| districts and non-public schools an appropriate mechanism for designating the State Seal of Biliteracy on the diploma and transcript of the pupil indicating that the pupil has been awarded a State Seal of Biliteracy by the State Board of Education.
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(2) Provide other information the State Board of
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| Education deems necessary for school districts and non-public schools to successfully participate in the program.
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(g) A school district or non-public school that participates in the program under this
Section shall do both of the following:
(1) Maintain appropriate records in order to identify
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| pupils who have earned a State Seal of Biliteracy.
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(2) Make the appropriate designation on the
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| diploma and transcript of each pupil who earns a State Seal of Biliteracy.
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(h) No fee shall be charged to a pupil to receive the designation pursuant to this Section. Notwithstanding this prohibition, costs may be incurred by the pupil in demonstrating proficiency, including without limitation any assessments required under subsection (e) of this Section.
(i) For admissions purposes, each public university in this State shall accept the State Seal of Biliteracy as equivalent to 2 years of foreign language coursework taken during high school if a student's high school transcript indicates that he or she will be receiving or has received the State Seal of Biliteracy.
(j) Each public community college and public university in this State shall establish criteria to translate a State Seal of Biliteracy into course credit based on foreign language course equivalencies identified by the community college's or university's faculty and staff and, upon request from an enrolled student, the community college or university shall award foreign language course credit to a student who has received a State Seal of Biliteracy. Students enrolled in a public community college or public university who have received a State Seal of Biliteracy must request course credit for their seal within 3 academic years after graduating from high school.
(Source: P.A. 101-222, eff. 1-1-20; 101-503, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/2-3.163) (Text of Section from P.A. 103-504) Sec. 2-3.163. PUNS database information for students and parents or guardians. (a) The General Assembly makes all of the following findings: (1) Pursuant to Section 10-26 of the Department of |
| Human Services Act, the Department of Human Services maintains a statewide database known as the PUNS database that records information about individuals with intellectual disabilities or developmental disabilities who are potentially in need of services.
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(2) The Department of Human Services uses the data on
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| PUNS to select individuals for services as funding becomes available, to develop proposals and materials for budgeting, and to plan for future needs.
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(3) The PUNS database is available for adults with
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| intellectual disabilities or developmental disabilities who have unmet service needs anticipated in the next 5 years. The PUNS database is also available for children with intellectual disabilities or developmental disabilities with unmet service needs.
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(4) Registration to be included on the PUNS database
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| is the first step toward receiving developmental disabilities services in this State. A child or an adult who is not on the PUNS database will not be in queue for State developmental disabilities services.
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(5) Lack of awareness and information about the PUNS
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| database results in underutilization or delays in registration for the PUNS database by students with intellectual disabilities or developmental disabilities and their parents or guardians.
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(a-5) The purpose of this Section is to ensure that each student with an intellectual disability or a developmental disability who has an individualized education program ("IEP") and the student's parents or guardian are informed about the PUNS database, where to register for the PUNS database, and whom they can contact for information about the PUNS database and the PUNS database registration process. This Section is not intended to change the PUNS database registration process established by the Department of Human Services or to impose any responsibility on the State Board of Education or a school district to register students for the PUNS database.
(a-10) As used in this Section, "PUNS" means the Prioritization of Urgency of Need for Services database or PUNS database developed and maintained by the Department of Human Services pursuant to Section 10-26 of the Department of Human Services Act.
(b) The State Board of Education may work in consultation with the Department of Human Services and with school districts to ensure that all students with intellectual disabilities or developmental disabilities and their parents or guardians are informed about the PUNS database, as described in subsections (c), (c-5), and (d) of this Section.
(c) The Department of Human Services, in consultation with the State Board of Education, shall develop and implement an online, computer-based training program for at least one designated employee in every public school in this State to educate the designated employee or employees about the PUNS database and steps required to register students for the PUNS database, including the documentation and information parents or guardians will need for the registration process. The training shall include instruction on identifying and contacting the appropriate developmental disabilities Independent Service Coordination agency ("ISC") to register students for the PUNS database. The training of the designated employee or employees shall also include information about organizations and programs available in this State that offer assistance to families in understanding the PUNS database and navigating the PUNS database registration process. Each school district shall post on its public website and include in its student handbook the names of the designated trained employee or employees in each school within the school district.
(c-5) During the student's annual IEP review meeting, if the student has an intellectual disability or a developmental disability, the student's IEP team shall determine the student's PUNS database registration status based upon information provided by the student's parents or guardian or by the student. If it is determined that the student is not registered for the PUNS database or if it is unclear whether the student is registered for the PUNS database, the parents or guardian and the student shall be referred to a designated employee of the public school who has completed the training described in subsection (c). The designated trained employee shall provide the student's parents or guardian and the student with the name, location, and contact information of the appropriate ISC to contact in order to register the student for the PUNS database. The designated trained employee shall also identify for the parents or guardian and the student the information and documentation they will need to complete the PUNS database registration process with the ISC, and shall also provide information to the parents or guardian and the student about organizations and programs available in this State that offer information to families about the PUNS database and the PUNS database registration process.
(d) The State Board of Education, in consultation with the Department of Human Services, through school districts, shall provide to the parents and guardians of each student with an IEP a copy of the latest version of the Department of Human Services's guide titled "Understanding PUNS: A Guide to Prioritization for Urgency of Need for Services" each year at the annual review meeting for the student's individualized education program.
(e) (Blank).
(Source: P.A. 102-57, eff. 7-9-21; 103-504, eff. 1-1-24.)
(Text of Section from P.A. 103-546)
Sec. 2-3.163. Prioritization of Urgency of Need for Services database.
(a) The General Assembly makes all of the following findings:
(1) The Department of Human Services maintains a
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| statewide database known as the Prioritization of Urgency of Need for Services that records information about individuals with developmental disabilities who are potentially in need of services.
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(2) The Department of Human Services uses the data on
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| Prioritization of Urgency of Need for Services to select individuals for services as funding becomes available, to develop proposals and materials for budgeting, and to plan for future needs.
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(3) Prioritization of Urgency of Need for Services is
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| available for children and adults with a developmental disability who have an unmet service need anticipated in the next 5 years.
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(4) Prioritization of Urgency of Need for Services is
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| the first step toward getting developmental disabilities services in this State. If individuals are not on the Prioritization of Urgency of Need for Services waiting list, they are not in queue for State developmental disabilities services.
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(5) Prioritization of Urgency of Need for Services
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| may be underutilized by children and their parents or guardians due to lack of awareness or lack of information.
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(b) The State Board of Education may work with school districts to inform all students with developmental disabilities and their parents or guardians about the Prioritization of Urgency of Need for Services database.
(c) Subject to appropriation, the Department of Human Services and State Board of Education shall develop and implement an online, computer-based training program for at least one designated employee in every public school in this State to educate him or her about the Prioritization of Urgency of Need for Services database and steps to be taken to ensure children and adolescents are enrolled. The training shall include instruction for at least one designated employee in every public school in contacting the appropriate developmental disabilities Independent Service Coordination agency to enroll children and adolescents in the database. At least one designated employee in every public school shall ensure the opportunity to enroll in the Prioritization of Urgency of Need for Services database is discussed during annual individualized education program (IEP) meetings for all children and adolescents believed to have a developmental disability.
(d) The State Board of Education, in consultation with the Department of Human Services, through school districts, shall provide to parents and guardians of students a copy of the Department of Human Services's guide titled "Understanding PUNS: A Guide to Prioritization for Urgency of Need for Services" each year at the annual review meeting for the student's individualized education program, including the consideration required in subsection (e) of this Section.
(e) The Department of Human Services shall consider the length of time spent on the Prioritization of Urgency of Need for Services waiting list, in addition to other factors considered, when selecting individuals on the list for services.
(f) Subject to appropriation, the Department of Human Services shall expand its selection of individuals from the Prioritization of Urgency of Need for Services database to include individuals who receive services through the Children and Young Adults with Developmental Disabilities - Support Waiver.
(Source: P.A. 102-57, eff. 7-9-21; 103-546, eff. 8-11-23.)
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