Sen. Kimberly A. Lightford

Filed: 1/9/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2170

2    AMENDMENT NO. ______. Amend House Bill 2170 by replacing
3everything after the enacting clause with the following:
 
4
"Article 5.

 
5    Section 5-5. The School Code is amended by adding Section
62-3.64a-10 and by changing Section 27A-5 as follows:
 
7    (105 ILCS 5/2-3.64a-10 new)
8    Sec. 2-3.64a-10. Kindergarten assessment.
9    (a) For the purposes of this Section, "kindergarten"
10includes both full-day and half-day kindergarten programs.
11    (b) Beginning no later than the 2021-2022 school year, the
12State Board of Education shall annually assess all public
13school students entering kindergarten using a common
14assessment tool, unless the State Board determines that a
15student is otherwise exempt. The common assessment tool must

 

 

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1assess multiple developmental domains, including literacy,
2language, mathematics, and social and emotional development.
3The assessment must be valid, reliable, and developmentally
4appropriate to formatively assess a child's development and
5readiness for kindergarten.
6    (c) Results from the assessment may be used by the school
7to understand the child's development and readiness for
8kindergarten, to tailor instruction, and to measure the child's
9progress over time. Assessment results may also be used to
10identify a need for the professional development of teachers
11and early childhood educators and to inform State-level and
12district-level policies and resource allocation.
13    The school shall make the assessment results available to
14the child's parent or guardian.
15    The assessment results may not be used (i) to prevent a
16child from enrolling in kindergarten or (ii) as the sole
17measure used in determining the grade promotion or retention of
18a student.
19    (d) On an annual basis, the State Board shall report
20publicly, at a minimum, data from the assessment for the State
21overall and for each school district. The State Board's report
22must disaggregate data by race and ethnicity, household income,
23students who are English learners, and students who have an
24individualized education program.
25    (e) The State Superintendent of Education shall appoint a
26committee of no more than 21 members, consisting of parents,

 

 

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1teachers, school administrators, assessment experts, regional
2superintendents of schools, and citizens, to review, on an
3ongoing basis, the content and design of the assessment, the
4collective results of the assessment as measured against
5kindergarten-readiness standards, and other issues involving
6the assessment as identified by the committee.
7    The committee shall make periodic recommendations to the
8State Superintendent of Education and the General Assembly
9concerning the assessments.
10    (f) The State Board may adopt rules to implement and
11administer this Section.
 
12    (105 ILCS 5/27A-5)
13    Sec. 27A-5. Charter school; legal entity; requirements.
14    (a) A charter school shall be a public, nonsectarian,
15nonreligious, non-home based, and non-profit school. A charter
16school shall be organized and operated as a nonprofit
17corporation or other discrete, legal, nonprofit entity
18authorized under the laws of the State of Illinois.
19    (b) A charter school may be established under this Article
20by creating a new school or by converting an existing public
21school or attendance center to charter school status. Beginning
22on April 16, 2003 (the effective date of Public Act 93-3), in
23all new applications to establish a charter school in a city
24having a population exceeding 500,000, operation of the charter
25school shall be limited to one campus. The changes made to this

 

 

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1Section by Public Act 93-3 do not apply to charter schools
2existing or approved on or before April 16, 2003 (the effective
3date of Public Act 93-3).
4    (b-5) In this subsection (b-5), "virtual-schooling" means
5a cyber school where students engage in online curriculum and
6instruction via the Internet and electronic communication with
7their teachers at remote locations and with students
8participating at different times.
9    From April 1, 2013 through December 31, 2016, there is a
10moratorium on the establishment of charter schools with
11virtual-schooling components in school districts other than a
12school district organized under Article 34 of this Code. This
13moratorium does not apply to a charter school with
14virtual-schooling components existing or approved prior to
15April 1, 2013 or to the renewal of the charter of a charter
16school with virtual-schooling components already approved
17prior to April 1, 2013.
18    (c) A charter school shall be administered and governed by
19its board of directors or other governing body in the manner
20provided in its charter. The governing body of a charter school
21shall be subject to the Freedom of Information Act and the Open
22Meetings Act. No later than January 1, 2021 (one year after the
23effective date of Public Act 101-291) this amendatory Act of
24the 101st General Assembly, a charter school's board of
25directors or other governing body must include at least one
26parent or guardian of a pupil currently enrolled in the charter

 

 

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1school who may be selected through the charter school or a
2charter network election, appointment by the charter school's
3board of directors or other governing body, or by the charter
4school's Parent Teacher Organization or its equivalent.
5    (c-5) No later than January 1, 2021 (one year after the
6effective date of Public Act 101-291) this amendatory Act of
7the 101st General Assembly or within the first year of his or
8her first term, every voting member of a charter school's board
9of directors or other governing body shall complete a minimum
10of 4 hours of professional development leadership training to
11ensure that each member has sufficient familiarity with the
12board's or governing body's role and responsibilities,
13including financial oversight and accountability of the
14school, evaluating the principal's and school's performance,
15adherence to the Freedom of Information Act and the Open
16Meetings Act Acts, and compliance with education and labor law.
17In each subsequent year of his or her term, a voting member of
18a charter school's board of directors or other governing body
19shall complete a minimum of 2 hours of professional development
20training in these same areas. The training under this
21subsection may be provided or certified by a statewide charter
22school membership association or may be provided or certified
23by other qualified providers approved by the State Board of
24Education.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

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1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and school
5personnel. "Non-curricular health and safety requirement" does
6not include any course of study or specialized instructional
7requirement for which the State Board has established goals and
8learning standards or which is designed primarily to impart
9knowledge and skills for students to master and apply as an
10outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall be
17updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

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1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. To ensure financial accountability for the use of
13public funds, on or before December 1 of every year of
14operation, each charter school shall submit to its authorizer
15and the State Board a copy of its audit and a copy of the Form
16990 the charter school filed that year with the federal
17Internal Revenue Service. In addition, if deemed necessary for
18proper financial oversight of the charter school, an authorizer
19may require quarterly financial statements from each charter
20school.
21    (g) A charter school shall comply with all provisions of
22this Article, the Illinois Educational Labor Relations Act, all
23federal and State laws and rules applicable to public schools
24that pertain to special education and the instruction of
25English learners, and its charter. A charter school is exempt
26from all other State laws and regulations in this Code

 

 

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1governing public schools and local school board policies;
2however, a charter school is not exempt from the following:
3        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
4    criminal history records checks and checks of the Statewide
5    Sex Offender Database and Statewide Murderer and Violent
6    Offender Against Youth Database of applicants for
7    employment;
8        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
9    34-84a of this Code regarding discipline of students;
10        (3) the Local Governmental and Governmental Employees
11    Tort Immunity Act;
12        (4) Section 108.75 of the General Not For Profit
13    Corporation Act of 1986 regarding indemnification of
14    officers, directors, employees, and agents;
15        (5) the Abused and Neglected Child Reporting Act;
16        (5.5) subsection (b) of Section 10-23.12 and
17    subsection (b) of Section 34-18.6 of this Code;
18        (6) the Illinois School Student Records Act;
19        (7) Section 10-17a of this Code regarding school report
20    cards;
21        (8) the P-20 Longitudinal Education Data System Act;
22        (9) Section 27-23.7 of this Code regarding bullying
23    prevention;
24        (10) Section 2-3.162 of this Code regarding student
25    discipline reporting;
26        (11) Sections 22-80 and 27-8.1 of this Code;

 

 

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1        (12) Sections 10-20.60 and 34-18.53 of this Code;
2        (13) Sections 10-20.63 and 34-18.56 of this Code;
3        (14) Section 26-18 of this Code;
4        (15) Section 22-30 of this Code; and
5        (16) Sections 24-12 and 34-85 of this Code; .
6        (17) the (16) The Seizure Smart School Act; and .
7        (18) Section 2-3.64a-10 of this Code.
8    The change made by Public Act 96-104 to this subsection (g)
9is declaratory of existing law.
10    (h) A charter school may negotiate and contract with a
11school district, the governing body of a State college or
12university or public community college, or any other public or
13for-profit or nonprofit private entity for: (i) the use of a
14school building and grounds or any other real property or
15facilities that the charter school desires to use or convert
16for use as a charter school site, (ii) the operation and
17maintenance thereof, and (iii) the provision of any service,
18activity, or undertaking that the charter school is required to
19perform in order to carry out the terms of its charter.
20However, a charter school that is established on or after April
2116, 2003 (the effective date of Public Act 93-3) and that
22operates in a city having a population exceeding 500,000 may
23not contract with a for-profit entity to manage or operate the
24school during the period that commences on April 16, 2003 (the
25effective date of Public Act 93-3) and concludes at the end of
26the 2004-2005 school year. Except as provided in subsection (i)

 

 

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1of this Section, a school district may charge a charter school
2reasonable rent for the use of the district's buildings,
3grounds, and facilities. Any services for which a charter
4school contracts with a school district shall be provided by
5the district at cost. Any services for which a charter school
6contracts with a local school board or with the governing body
7of a State college or university or public community college
8shall be provided by the public entity at cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be subject
16to negotiation between the charter school and the local school
17board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age or
19grade level.
20    (k) If the charter school is approved by the State Board or
21Commission, then the charter school is its own local education
22agency.
23(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
24100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
256-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
26eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;

 

 

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1101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
 
2
Article 10.

 
3    Section 10-5. The Early Intervention Services System Act is
4amended by changing Section 11 as follows:
 
5    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
6    Sec. 11. Individualized Family Service Plans.
7    (a) Each eligible infant or toddler and that infant's or
8toddler's family shall receive:
9        (1) timely, comprehensive, multidisciplinary
10    assessment of the unique strengths and needs of each
11    eligible infant and toddler, and assessment of the concerns
12    and priorities of the families to appropriately assist them
13    in meeting their needs and identify supports and services
14    to meet those needs; and
15        (2) a written Individualized Family Service Plan
16    developed by a multidisciplinary team which includes the
17    parent or guardian. The individualized family service plan
18    shall be based on the multidisciplinary team's assessment
19    of the resources, priorities, and concerns of the family
20    and its identification of the supports and services
21    necessary to enhance the family's capacity to meet the
22    developmental needs of the infant or toddler, and shall
23    include the identification of services appropriate to meet

 

 

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1    those needs, including the frequency, intensity, and
2    method of delivering services. During and as part of the
3    initial development of the individualized family services
4    plan, and any periodic reviews of the plan, the
5    multidisciplinary team may seek consultation from the lead
6    agency's designated experts, if any, to help determine
7    appropriate services and the frequency and intensity of
8    those services. All services in the individualized family
9    services plan must be justified by the multidisciplinary
10    assessment of the unique strengths and needs of the infant
11    or toddler and must be appropriate to meet those needs. At
12    the periodic reviews, the team shall determine whether
13    modification or revision of the outcomes or services is
14    necessary.
15    (b) The Individualized Family Service Plan shall be
16evaluated once a year and the family shall be provided a review
17of the Plan at 6 month intervals or more often where
18appropriate based on infant or toddler and family needs. The
19lead agency shall create a quality review process regarding
20Individualized Family Service Plan development and changes
21thereto, to monitor and help assure that resources are being
22used to provide appropriate early intervention services.
23    (c) The initial evaluation and initial assessment and
24initial Plan meeting must be held within 45 days after the
25initial contact with the early intervention services system.
26The 45-day timeline does not apply for any period when the

 

 

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1child or parent is unavailable to complete the initial
2evaluation, the initial assessments of the child and family, or
3the initial Plan meeting, due to exceptional family
4circumstances that are documented in the child's early
5intervention records, or when the parent has not provided
6consent for the initial evaluation or the initial assessment of
7the child despite documented, repeated attempts to obtain
8parental consent. As soon as exceptional family circumstances
9no longer exist or parental consent has been obtained, the
10initial evaluation, the initial assessment, and the initial
11Plan meeting must be completed as soon as possible. With
12parental consent, early intervention services may commence
13before the completion of the comprehensive assessment and
14development of the Plan.
15    (d) Parents must be informed that early intervention
16services shall be provided to each eligible infant and toddler,
17to the maximum extent appropriate, in the natural environment,
18which may include the home or other community settings. Parents
19shall make the final decision to accept or decline early
20intervention services. A decision to decline such services
21shall not be a basis for administrative determination of
22parental fitness, or other findings or sanctions against the
23parents. Parameters of the Plan shall be set forth in rules.
24    (e) The regional intake offices shall explain to each
25family, orally and in writing, all of the following:
26        (1) That the early intervention program will pay for

 

 

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1    all early intervention services set forth in the
2    individualized family service plan that are not covered or
3    paid under the family's public or private insurance plan or
4    policy and not eligible for payment through any other third
5    party payor.
6        (2) That services will not be delayed due to any rules
7    or restrictions under the family's insurance plan or
8    policy.
9        (3) That the family may request, with appropriate
10    documentation supporting the request, a determination of
11    an exemption from private insurance use under Section
12    13.25.
13        (4) That responsibility for co-payments or
14    co-insurance under a family's private insurance plan or
15    policy will be transferred to the lead agency's central
16    billing office.
17        (5) That families will be responsible for payments of
18    family fees, which will be based on a sliding scale
19    according to the State's definition of ability to pay which
20    is comparing household size and income to the sliding scale
21    and considering out-of-pocket medical or disaster
22    expenses, and that these fees are payable to the central
23    billing office. Families who fail to provide income
24    information shall be charged the maximum amount on the
25    sliding scale.
26    (f) The individualized family service plan must state

 

 

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1whether the family has private insurance coverage and, if the
2family has such coverage, must have attached to it a copy of
3the family's insurance identification card or otherwise
4include all of the following information:
5        (1) The name, address, and telephone number of the
6    insurance carrier.
7        (2) The contract number and policy number of the
8    insurance plan.
9        (3) The name, address, and social security number of
10    the primary insured.
11        (4) The beginning date of the insurance benefit year.
12    (g) A copy of the individualized family service plan must
13be provided to each enrolled provider who is providing early
14intervention services to the child who is the subject of that
15plan.
16    (h) Children receiving services under this Act shall
17receive a smooth and effective transition by their third
18birthday consistent with federal regulations adopted pursuant
19to Sections 1431 through 1444 of Title 20 of the United States
20Code. Beginning July 1, 2022, children who receive early
21intervention services prior to their third birthday and are
22found eligible for an individualized education program under
23the Individuals with Disabilities Education Act, 20 U.S.C.
241414(d)(1)(A), and under Section 14-8.02 of the School Code and
25whose birthday falls between May 1 and August 31 may continue
26to receive early intervention services until the beginning of

 

 

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1the school year following their third birthday in order to
2minimize gaps in services, ensure better continuity of care,
3and align practices for the enrollment of preschool children
4with special needs to the enrollment practices of typically
5developing preschool children.
6(Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
 
7
Article 15.

 
8    Section 15-1. Short title. This Article may be cited as the
9Equitable Early Childhood Education and Care Act. References in
10this Article to "this Act" mean this Article.
 
11    Section 15-5. Findings; policies.
12    (a) The General Assembly finds the following:
13        (1) Long-standing research shows that high-quality
14    early childhood experiences have an impact on children's
15    short-term and long-term outcomes, such as educational
16    attainment, health, and lifetime income, particularly for
17    children from low-income families.
18        (2) Early childhood education and care programs
19    provide child care so parents can maintain stable
20    employment, provide for themselves and their families, and
21    advance their career or educational goals.
22        (3) Illinois has a vigorous early childhood education
23    and care industry composed of programs that serve children

 

 

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1    under the age of 6, including preschool and child care in
2    schools, centers, and homes; these programs also include
3    home visiting and services for young children with special
4    needs.
5        (4) A significant portion of the early childhood
6    workforce and of family child care providers are Black and
7    Latinx women.
8        (5) Illinois was among the first states in the nation
9    to enact the Pre-K At-Risk program and services for infants
10    and toddlers in the 1980s and reaffirmed this commitment to
11    early childhood education in 2006 by creating Preschool for
12    All to offer State-funded, high-quality preschool to
13    3-year-olds and 4-year-olds.
14        (6) Illinois was one of the first states in the nation
15    to commit education funding to very young children and to
16    have a statutory commitment to grow funding for
17    infant-toddler services as it grows preschool services,
18    including prenatal supports like home visitors and doulas.
19        (7) Countless children and families have benefitted
20    from these services over these decades and have had the
21    opportunity to enter school ready to learn and succeed.
22        (8) Despite progress made by the State, too few
23    children, particularly those from Black, Latinx, and
24    low-income households and child care deserts, have access
25    to high-quality early childhood education and care
26    services, due to both the availability and affordability of

 

 

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1    quality services.
2        (9) In 2019, only 29% of all children in Illinois
3    entered kindergarten "ready"; only 21% of Black children,
4    17% of Latinx children, 14% of English Learners, 14% of
5    children with IEPs, and 20% of children on free and reduced
6    lunch demonstrated readiness, highlighting the critical
7    work Illinois must do to close gaps in opportunity and
8    outcomes.
9        (10) The State's early childhood education and care
10    programs are maintained across 3 state agencies, which
11    leads to inefficiencies, lack of alignment, challenges to
12    collecting comprehensive data around services and needs of
13    children and families, and obstacles for both children and
14    families and the early childhood education and care
15    providers to navigate the fragmented system and ensure
16    children receive high-quality services that meet their
17    needs.
18        (11) The State's current mechanisms for payment to
19    early childhood education and care providers may not
20    incentivize quality services and can lead to payment
21    delays, lack of stability of providers, and the inability
22    of providers to provide appropriate compensation to the
23    workforce and support quality programming.
24        (12) Illinois must advance a just system for early
25    childhood education and care that ensures racially and
26    economically equitable opportunities and outcomes for all

 

 

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1    children.
2        (13) In 2017, Illinois became a national leader in
3    passing the K-12 Evidence-Based Funding formula for public
4    schools, creating a mechanism to adequately fund and
5    equitably disburse resources throughout the State and
6    prioritize funding for school districts that need it most.
7    (b) The General Assembly supports the following goals of
8the Illinois Commission on Equitable Early Childhood Education
9and Care Funding:
10        (1) To create a more equitable, efficient, and
11    effective system and thereby increase access to
12    high-quality services, particularly to serve more Black
13    and Latinx children and populations of children where
14    children of color may be disproportionately represented,
15    such as children from low-income households, with
16    disabilities, experiencing homelessness, and participating
17    in the child welfare system.
18        (2) To ensure a more equitable system, we support the
19    Commission's goal of consolidating programs and services
20    into a single, adequately staffed State agency to align and
21    coordinate services, to decrease barriers to access for
22    families and make it easier for them to navigate the
23    system, and to better collect, use, and report
24    comprehensive data to ensure disparities in services are
25    addressed.
26        (3) To ensure equitable and adequate funding to expand

 

 

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1    access to high-quality services and increase compensation
2    of this vital workforce, a significant proportion of which
3    are Black and Latinx women. The General Assembly encourages
4    the State to commit to a multi-year plan designed to move
5    the State toward adequate funding over time.
6        (4) To redesign the mechanisms by which the State pays
7    providers of early childhood education and care services to
8    ensure provider stability, capacity, and quality and to
9    make sure providers and services are available to families
10    throughout the State, including in areas of child care
11    deserts and concentrated poverty.
12        (5) To ensure comprehensive data on children and
13    families' access to and participation in programs and
14    resulting outcomes, including, but not limited to,
15    kindergarten readiness, to understand and address the
16    degree to which the State is reaching children and families
17    and ensuring equitable opportunity and outcomes.
18    (c) The General Assembly encourages the State to create a
19planning process and timeline, with a designated body
20accountable for implementing the Commission's recommendations,
21that includes engagement of parents, providers, communities,
22experts, and other stakeholders and to regularly evaluate the
23impact of the implementation of the Commission's
24recommendations to ensure they impact children, families, and
25communities as intended and lead to a more equitable early
26childhood education and care system for Illinois.
 

 

 

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1
Article 20.

 
2    Section 20-1. Short title. This Article may be cited as the
3Data Governance and Organization to Support Equity and Racial
4Justice Act. References in this Article to "this Act" mean this
5Article.
 
6    Section 20-5. Findings. The General Assembly finds the
7following:
8    (1) The State of Illinois spends billions of dollars
9annually on grants and programs to ensure that all Illinoisans
10have the economic, health and safety, educational, and other
11opportunities to be successful, but it is still insufficient to
12serve all the needs of all Illinoisans.
13    (2) To be good fiscal stewards of State funds, it is
14necessary to ensure that the limited State funding is spent on
15the right services, at the right time, in the right dosages, to
16the right individuals, and in the most equitable manner.
17    (3) Historical equity gaps exist in the administration of
18programs across the State and understanding where these exist
19is necessary for adjusting program scopes and ensuring that
20gaps can be found and rectified quickly.
21    (4) Different subpopulations of individuals may have
22different needs and may experience different outcomes from
23similar programs.

 

 

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1    (5) Measuring average outcomes across an entire population
2is insufficient to understand the equity impacts of a program
3on specific subpopulations.
4    (6) Silos in information sharing exist across agencies and
5that measuring the outcomes and impacts of programs requires
6multiple agencies to share data.
7    (7) There is no existing mechanism for agencies to ensure
8they are collecting information on programs that can be easily
9matched to other agencies to understand program effectiveness,
10as well as equity and access gaps that may exist.
11    (8) The establishment of a system of data governance and
12improved analytic capability is critical to support equitable
13provision of services and the evaluation of equitable outcomes
14for the citizens of Illinois.
15    (9) Sound data collection, reporting, and analysis is
16necessary to ensure that practice and policy decisions and
17outcomes are driven by a culture of data use and actionable
18information that supports equity and engages stakeholders.
19    (10) Data governance and the classification of data is a
20critical component of improving the security and privacy of
21data.
22    (11) The P-20 Longitudinal Education Data System Act,
23enacted by Public Act 96-107, was created in 2009 to develop
24the capacity to match data across agencies and provide for
25improved data analytics across education agencies.
26    (12) The P-20 Longitudinal Education Data System has

 

 

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1expanded to include the incorporation of human services,
2workforce, and education agencies.
3    (13) The implementation of the P-20 Longitudinal Education
4Data System has allowed the State to improve its ability to
5manage and to bring together data across agencies.
6    (14) Merging data across agencies has highlighted the
7degree to which there are different approaches to capturing
8similar data across agencies, including how race and ethnicity
9data are captured.
10    (15) The State of Illinois needs to establish common
11processes and procedures for all of the following:
12        (A) Cataloging data.
13        (B) Managing data requests.
14        (C) Sharing data.
15        (D) Collecting data.
16        (E) Matching data across agencies.
17        (F) Developing research and analytic agendas.
18        (G) Reporting on program participation disaggregated
19    by race and ethnicity.
20        (H) Evaluating equitable outcomes for underserved
21    populations in Illinois.
22        (I) Defining common roles for data management across
23    agencies.
 
24    Section 20-10. Data Governance and Organization to Support
25Equity and Racial Justice.

 

 

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1     (a) Subject to appropriation, by no later than October 31,
22021, the Office of the Governor and the Department of
3Innovation and Technology shall jointly establish an
4organization and governance that is responsible for all of the
5following:
6        (1) Cataloging data supporting major programs across
7    all agencies.
8        (2) Working with agencies to identify similar fields in
9    each dataset.
10        (3) Improving data quality.
11        (4) Collecting race and ethnicity data.
12        (5) Developing common processes and legal approaches
13    for data sharing.
14        (6) Establishing common codes across datasets, in
15    particular for race and ethnicity.
16        (7) Supporting data requests across agencies.
17        (8) Defining common data roles across agencies.
18        (9) Supporting the development of reporting and
19    analytics that provide information on race and ethnicity
20    and inequities in State service provision with common
21    codes.
22        (10) Ensuring that all major programs, as defined by
23    rule, are able to report disaggregated data by race and
24    ethnicity.
25    (b) In order to develop a common research agenda across
26agencies that evaluates and analyzes the capacity of the State

 

 

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1to provide equitable services and promote equitable outcomes,
2by no later than December 31, 2021, the governance shall
3develop a plan for enrolled agencies for the implementation of
4the categories described under subsection (a). The governance
5shall define how the use of data will be used to improve
6service provision to improve equitable outcomes for the
7citizens of Illinois. The Department of Innovation and
8Technology shall outline how these efforts will support and
9align with the security and privacy of data for the State of
10Illinois. The implementation plan shall include a timeline for
11the inclusion of all agencies in data governance by no later
12than October 31, 2024.
13    (c) By no later than March 31, 2022, the Office of the
14Governor and the Department of Innovation and Technology shall
15provide a progress report to the General Assembly to disclose
16(i) which agencies in the State have enrolled, (ii) the
17programs and datasets that have been cataloged for which race
18and ethnicity has been standardized, and (iii) to the extent
19possible, the datasets and programs that are outstanding for
20each agency and the datasets that are planned for the upcoming
21year. On or before March 31, 2023, and each year thereafter,
22the Office of the Governor and the Department of Innovation and
23Technology shall provide an updated report to the General
24Assembly.
25    (d) All Departments subject to governance shall use the
26same racial and ethnic classifications for each program, which

 

 

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1shall include, but not be limited to, the following:
2        (1) American Indian and Alaska Native alone.
3        (2) Asian alone.
4        (3) Black or African American alone.
5        (4) Hispanic or Latino of any race.
6        (5) Native Hawaiian and Other Pacific Islander alone.
7        (6) White alone.
8        (7) Some other race alone.
9        (8) Two or more races.
10    Each Department may further define, by rule, the racial and
11ethnic classifications, including if necessary, a
12classification of "No Race Specified".
 
13    Section 20-15. Rules. The Department of Innovation and
14Technology may adopt any rules necessary to implement this Act.
 
15
Article 25.

 
16    Section 25-5. The School Code is amended by adding Section
1722-90 as follows:
 
18    (105 ILCS 5/22-90 new)
19    Sec. 22-90. Whole Child Task Force.
20    (a) The General Assembly makes all of the following
21findings:
22        (1) The COVID-19 pandemic has exposed systemic

 

 

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1    inequities in American society. Students, educators, and
2    families throughout this State have been deeply affected by
3    the pandemic, and the impact of the pandemic will be felt
4    for years to come. The negative consequences of the
5    pandemic have impacted students and communities
6    differently along the lines of race, income, language, and
7    special needs. However, students in this State faced
8    significant unmet physical health, mental health, and
9    social and emotional needs even prior to the pandemic.
10        (2) The path to recovery requires a commitment from
11    adults in this State to address our students cultural,
12    physical, emotional, and mental health needs and to provide
13    them with stronger and increased systemic support and
14    intervention.
15        (3) It is well documented that trauma and toxic stress
16    diminish a child's ability to thrive. Forms of childhood
17    trauma and toxic stress include adverse childhood
18    experiences, systemic racism, poverty, food and housing
19    insecurity, and gender-based violence. The COVID-19
20    pandemic has exacerbated these issues and brought them into
21    focus.
22        (4) It is estimated that, overall, approximately 40% of
23    children in this State have experienced at least one
24    adverse childhood experience and approximately 10% have
25    experienced 3 or more adverse childhood experiences.
26    However, the number of adverse childhood experiences is

 

 

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1    higher for Black and Hispanic children who are growing up
2    in poverty. The COVID-19 pandemic has amplified the number
3    of students who have experienced childhood trauma. Also,
4    the COVID-19 pandemic has highlighted preexisting
5    inequities in school disciplinary practices that
6    disproportionately impact Black and Brown students.
7    Research shows, for example, that girls of color are
8    disproportionately impacted by trauma, adversity, and
9    abuse, and instead of receiving the care and
10    trauma-informed support they may need, many Black girls in
11    particular face disproportionately harsh disciplinary
12    measures.
13        (5) The cumulative effects of trauma and toxic stress
14    adversely impact the physical health of students, as well
15    as their ability to learn, form relationships, and
16    self-regulate. If left unaddressed, these effects increase
17    a student's risk for depression, alcoholism, anxiety,
18    asthma, smoking, and suicide, all of which are risks that
19    disproportionately affect Black youth and may lead to a
20    host of medical diseases as an adult. Access to infant and
21    early childhood mental health services is critical to
22    ensure the social and emotional well-being of this State's
23    youngest children, particularly those children who have
24    experienced trauma.
25        (6) Although this State enacted measures through
26    Public Act 100-105 to address the high rate of early care

 

 

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1    and preschool expulsions of infants, toddlers, and
2    preschoolers and the disproportionately higher rate of
3    expulsion for Black and Hispanic children, a recent study
4    found a wide variation in the awareness, understanding, and
5    compliance with the law by providers of early childhood
6    care. Further work is needed to implement the law, which
7    includes providing training to early childhood care
8    providers to increase their understanding of the law,
9    increasing the availability and access to infant and early
10    childhood mental health services, and building aligned
11    data collection systems to better understand expulsion
12    rates and to allow for accurate reporting as required by
13    the law.
14        (7) Many educators and schools in this State have
15    embraced and implemented evidenced-based restorative
16    justice and trauma-responsive and culturally relevant
17    practices and interventions. However, the use of these
18    interventions on students is often isolated or is
19    implemented occasionally and only if the school has the
20    appropriate leadership, resources, and partners available
21    to engage seriously in this work. It would be malpractice
22    to deny our students access to these practices and
23    interventions, especially in the aftermath of a
24    once-in-a-century pandemic.
25    (b) The Whole Child Task Force is created for the purpose
26of establishing an equitable, inclusive, safe, and supportive

 

 

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1environment in all schools for every student in this State. The
2task force shall have all of the following goals, which means
3key steps have to be taken to ensure that every child in every
4school in this State has access to teachers, social workers,
5school leaders, support personnel, and others who have been
6trained in evidenced-based interventions and restorative
7practices:
8        (1) To create a common definition of a
9    trauma-responsive school, a trauma-responsive district,
10    and a trauma-responsive community.
11        (2) To outline the training and resources required to
12    create and sustain a system of support for
13    trauma-responsive schools, districts, and communities and
14    to identify this State's role in that work, including
15    recommendations concerning options for redirecting
16    resources from school resource officers to classroom-based
17    support.
18        (3) To identify or develop a process to conduct an
19    analysis of the organizations that provide training in
20    restorative practices, implicit bias, and
21    trauma-responsive systems, mental health services, and
22    social and emotional services to schools.
23        (4) To provide recommendations concerning the key data
24    to be collected and reported to ensure that this State has
25    a full and accurate understanding of the progress toward
26    ensuring that all schools, including programs and

 

 

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1    providers of care to pre-kindergarten children, employ
2    restorative, anti-racist, and trauma-responsive strategies
3    and practices. The data collected must include information
4    relating to the availability of trauma responsive support
5    structures in schools as well as disciplinary practices
6    employed on students in person or through other means,
7    including during remote or blended learning. It should also
8    include information on the use of, and funding for, school
9    resource officers and other similar police personnel in
10    school programs.
11        (5) To recommend an implementation timeline, including
12    the key roles, responsibilities, and resources to advance
13    this State toward a system in which every school, district,
14    and community is progressing toward becoming
15    trauma-responsive.
16        (6) To seek input and feedback from stakeholders,
17    including parents, students, and educators, who reflect
18    the diversity of this State.
19    (c) Members of the Whole Child Task Force shall be
20appointed by the State Superintendent of Education. Members of
21this task force must represent the diversity of this State and
22possess the expertise needed to perform the work required to
23meet the goals of the task force set forth under subsection
24(a). Members of the task force shall include all of the
25following:
26        (1) One member of a statewide professional teachers'

 

 

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1    organization.
2        (2) One member of another statewide professional
3    teachers' organization.
4        (3) One member who represents a school district serving
5    a community with a population of 500,000 or more.
6        (4) One member of a statewide organization
7    representing social workers.
8        (5) One member of an organization that has specific
9    expertise in trauma-responsive school practices and
10    experience in supporting schools in developing
11    trauma-responsive and restorative practices.
12        (6) One member of another organization that has
13    specific expertise in trauma-responsive school practices
14    and experience in supporting schools in developing
15    trauma-responsive and restorative practices.
16        (7) One member of a statewide organization that
17    represents school administrators.
18        (8) One member of a statewide policy organization that
19    works to build a healthy public education system that
20    prepares all students for a successful college, career, and
21    civic life.
22        (9) One member of a statewide organization that brings
23    teachers together to identify and address issues critical
24    to student success.
25        (10) One member of the General Assembly recommended by
26    the President of the Senate.

 

 

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1        (11) One member of the General Assembly recommended by
2    the Speaker of the House of Representatives.
3        (12) One member of the General Assembly recommended by
4    the Minority Leader of the Senate.
5        (13) One member of the General Assembly recommended by
6    the Minority Leader of the House of Representatives.
7        (14) One member of a civil rights organization that
8    works actively on issues regarding student support.
9        (15) One administrator from a school district that has
10    actively worked to develop a system of student support that
11    uses a trauma-informed lens.
12        (16) One educator from a school district that has
13    actively worked to develop a system of student support that
14    uses a trauma-informed lens.
15        (17) One member of a youth-led organization.
16        (18) One member of an organization that has
17    demonstrated expertise in restorative practices.
18        (19) One member of a coalition of mental health and
19    school practitioners who assist schools in developing and
20    implementing trauma-informed and restorative strategies
21    and systems.
22        (20) One member of an organization whose mission is to
23    promote the safety, health, and economic success of
24    children, youth, and families in this State.
25        (21) One member who works or has worked as a
26    restorative justice coach or disciplinarian.

 

 

10100HB2170sam002- 34 -LRB101 07409 CMG 74701 a

1        (22) One member who works or has worked as a social
2    worker.
3        (23) One member of the State Board of Education.
4        (24) One member who represents a statewide principals'
5    organization.
6        (25) One member who represents a statewide
7    organization of school boards.
8        (26) One member who has expertise in pre-kindergarten
9    education.
10        (27) One member who represents a school social worker
11    association.
12    (d) The Whole Child Task Force shall meet at the call of
13the State Superintendent of Education or his or her designee,
14who shall serve as as the chairperson. The State Board of
15Education shall provide administrative and other support to the
16task force. Members of the task force shall serve without
17compensation.
18    (e) The Whole Child Task Force shall submit a report of its
19findings and recommendations to the General Assembly, the
20Illinois Legislative Black Caucus, the State Board of
21Education, and the Governor on or before February 1, 2022. Upon
22submitting its report, the task force is dissolved.
23    (f) This Section is repealed on February 1, 2023.
 
24
Article 35.

 

 

 

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1    Section 35-1. Short title. This Article may be cited as the
2Infant/Early Childhood Mental Health Consultations Act.
3References in this Article to "this Act" mean this Article.
 
4    Section 35-5. Findings; policies.
5    (a) The General Assembly finds the following:
6        (1) Social and emotional development is a core
7    developmental domain in young children and is codified in
8    the Illinois Early Learning Standards.
9        (2) Fostering social and emotional development in
10    early childhood means both providing the supportive
11    settings and interactions to maximize healthy social and
12    emotional development for all children, as well as
13    providing communities, programs, and providers with
14    systems of tiered supports with training to respond to more
15    significant social and emotional challenges or where
16    experiences of trauma may be more prevalent.
17        (3) Early care and education programs and providers,
18    across a range of settings, have an important role to play
19    in supporting young children and families, especially
20    those who face greater challenges, such as trauma exposure,
21    social isolation, pervasive poverty, and toxic stress; if
22    programs, teaching staff, caregivers, and providers are
23    not provided with the support, services, and training
24    needed to accomplish these goals, it can lead to children
25    and families being asked to leave programs, particularly

 

 

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1    without connection to more appropriate services, thereby
2    creating a disruption in learning and social-emotional
3    development; investments in reflective supervision,
4    professional development specific to diversity, equity and
5    inclusion practice, culturally responsive training,
6    implicit bias training, and how trauma experienced during
7    the early years can manifest in challenging behaviors will
8    create systems for serving children that are informed in
9    developmentally appropriate and responsive supports.
10        (4) Studies have shown that the expulsion of infants,
11    toddlers, and young children in early care and education
12    settings is occurring at alarmingly high rates, more than 3
13    times that of students in K-12; further, expulsion occurs
14    more frequently for Black children and Latinx children and
15    more frequently for boys than for girls, with Black boys
16    being most frequently expelled; there is evidence to show
17    that the expulsion of Black girls is occurring with
18    increasing frequency.
19        (5) Illinois took its first steps toward addressing
20    this disparity through Public Act 100-105 to prohibit
21    expulsion due to child behavior in early care and education
22    settings, but further work is needed to implement this law,
23    including strengthening provider understanding of a
24    successful transition and beginning to identify strategies
25    to reduce "soft expulsions" and to ensure more young
26    children and their teachers, providers, and caregivers, in

 

 

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1    a range of early care and education settings, can benefit
2    from services, such as Infant/Early Childhood Mental
3    Health Consultations (I/ECMHC) and positive behavior
4    interventions and supports such as the Pyramid Model.
5        (6) I/ECMHC is a critical component needed to align
6    social-emotional well-being with the public health model
7    of promotion, prevention, and intervention across early
8    care and education systems.
9    (b) The General Assembly encourages that all of the
10following actions be taken by:
11        (1) the State to increase the availability of
12    Infant/Early Childhood Mental Health Consultations
13    (I/ECMHC) through increased funding in early childhood
14    programs and sustainable funding for coordination of
15    I/ECMHC and other social and emotional support at the State
16    level;
17        (2) the Department of Human Services (IDHS), the
18    Illinois State Board of Education (ISBE), the Governor's
19    Office of Early Childhood Development (GOECD), and other
20    relevant agencies to develop and promote
21    provider-accessible and parent-accessible materials on the
22    role and value of I/ECMHC, including targeted promotion in
23    underserved communities, and promote the use of existing
24    I/ECMHCs, the I/ECMHC consultant database, or other
25    existing services;
26        (3) the State to increase funding to promote and

 

 

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1    provide training and implementation support for systems of
2    tiered support, such as the Pyramid Model, across early
3    childhood settings and urge DHS, ISBE, GOECD, and other
4    relevant State agencies to coordinate efforts and develop
5    strategies to provide outreach to and support providers in
6    underserved communities and communities with fewer
7    programmatic resources; and
8        (4) ISBE and DCFS to provide the data required by
9    Public Act 100-105, even if the data is incomplete at the
10    time due to data system challenges.
 
11
Article 40.

 
12    Section 40-5. The Illinois Public Aid Code is amended by
13adding Section 5-39 as follows:
 
14    (305 ILCS 5/5-39 new)
15    Sec. 5-39. Behavioral health services for children;
16diagnostic assessment system. Beginning on July 1, 2022, if it
17is necessary to provide a diagnostic code for behavioral health
18services for children ages 5 and under, providers shall utilize
19a developmentally appropriate and age-appropriate diagnostic
20assessment system, such as the Diagnostic Classification of
21Mental Health and Developmental Disorders of Infancy and Early
22Childhood-Revised (DC:0-5), for diagnosis and treatment
23planning. If necessary for billing purposes, the provider,

 

 

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1managed care organization, or Department shall utilize the
2existing crosswalk tool to convert the developmentally
3appropriate and age-appropriate diagnosis code to the relevant
4code available in the State system.
5    By no later than January 1, 2022, the Department shall make
6recommendations to the General Assembly on the resources needed
7to integrate developmentally appropriate and age-appropriate
8diagnostic codes into the State system.
 
9
Article 45.

 
10    Section 45-1. Short title. This Article may be cited as the
11Early Childhood Workforce Act. References in this Article to
12"this Act" mean this Article.
 
13    Section 45-5. Findings; policies.
14    (a) The General Assembly finds the following:
15        (1) Research shows that early childhood teacher
16    effectiveness is a predictor for positive developmental
17    and academic outcomes for children.
18        (2) The work of early childhood educators is
19    sophisticated and central to the healthy learning and
20    development of young children and takes place in a range of
21    settings, including schools, community-based centers, and
22    homes.
23        (3) It is critically important for children's outcomes

 

 

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1    to have educators that reflect the diversity of the
2    families and communities they serve.
3        (4) The early childhood workforce is more racially
4    diverse than the K-12 workforce, and its members hold
5    degrees, have earned credentials, and have years of
6    experience in the field.
7        (5) The early childhood workforce, particularly those
8    working in community-based settings and those working with
9    infants and toddlers, often are not paid wages aligned to
10    the sophistication of their work and level of education.
11        (6) All regions and settings have difficulty finding
12    qualified teachers.
13        (7) A disproportionate number of Black and Latinx women
14    serve in essential, frontline positions but are
15    underrepresented as lead teachers and in program
16    leadership where credentials and degrees are required.
17        (8) The early childhood workforce faces multiple
18    barriers to additional credential and degree attainment
19    that lead to career advancement and higher levels of
20    compensation.
21    (b) The General Assembly encourages all of the following:
22        (1) The Department of Human Services to undertake an
23    analysis of teacher data in the Gateways Registry to
24    determine those individuals who are close to their next
25    credential or degree, including information where
26    available in the Registry such as their geographic

 

 

10100HB2170sam002- 41 -LRB101 07409 CMG 74701 a

1    location, demographics, work setting, and age groups of
2    children for whom they are responsible.
3        (2) The Department of Human Services to conduct
4    outreach and provide targeted coaching and access to
5    financial supports, including, but not limited to,
6    scholarships and debt relief, in a way that prioritizes
7    increasing the diversity of the teacher pipeline, regions
8    of the State with the highest need, and children in age
9    groups with the greatest teacher shortages.
10        (3) The State Board of Education to provide additional
11    financial support to candidates and provide this support to
12    all candidates regardless of the setting in which they work
13    and the credentials they are currently seeking,
14    prioritizing those by greatest need in the early childhood
15    field.
16        (4) The Department of Human Services to provide annual
17    reports on who receives these and other scholarships or
18    other financial support administered by the Department or
19    the State Board of Education by geographic location,
20    demographics, work setting, age groups of children served,
21    and credential/degree attainment as available.
22        (5) The Board of Higher Education, in the course of
23    their strategic planning process, to review the barriers
24    experienced by the early childhood workforce and by
25    teachers of color, in particular in accessing and
26    completing the needed coursework to attain additional

 

 

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1    credentials and degrees, and to recommend policy or
2    practice changes to better meet the needs of this
3    workforce, which is largely comprised of non-traditional
4    students and women of color.
5        (6) The State Board of Education and the Department of
6    Human Services to prioritize reducing compensation
7    disparities between the early childhood workforce and
8    their K-12 counterparts and disparities within the early
9    childhood workforce between setting and age groups in which
10    they work, as funding becomes available.
 
11
Article 50.

 
12    Section 50-5. The School Code is amended by adding Section
132-3.183 and by changing Section 27-22 as follows:
 
14    (105 ILCS 5/2-3.183 new)
15    Sec. 2-3.183. Review of university admission coursework.
16    (a) The State Board of Education shall make the review
17compiled under Section 9.40 of the Board of Higher Education
18Act available to the public on its Internet website.
19    (b) To ensure that every public high school student
20understands the course expectations for admission into a public
21university in this State, a school district must make available
22to students in grades 8 through 12 and their parents or
23guardians the review compiled under Section 9.40 of the Board

 

 

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1of Higher Education Act before the student's course schedule is
2finalized for the student's particular grade level.
3    (c) To ensure that a public high school student is not
4excluded from enrolling in a public university in this State
5because of a lack of access to required or recommended
6coursework, beginning with the 2022-2023 school year and each
7school year thereafter, every public high school must provide
8access to each course identified in the review compiled under
9Section 9.40 of the Board of Higher Education Act to any of its
10students who request to enroll in the course. If the public
11high school is unable to offer the course through the school
12district, the public high school must find an alternative way
13to offer the course to the student, which may include
14partnering with another school district, a community college
15district, an institution of higher education, or some other
16course provider. No student shall be excluded from
17participation in a course identified in the review due to
18financial reasons. Any course offered pursuant to this Section
19as a dual credit course shall be developed and offered in
20accordance with the Dual Credit Quality Act.
 
21    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
22    Sec. 27-22. Required high school courses.
23    (a) (Blank).
24    (b) (Blank).
25    (c) (Blank).

 

 

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1    (d) (Blank).
2    (e) Through the 2023-2024 school year, as As a prerequisite
3to receiving a high school diploma, each pupil entering the 9th
4grade must, in addition to other course requirements,
5successfully complete all of the following courses:
6        (1) Four years of language arts.
7        (2) Two years of writing intensive courses, one of
8    which must be English and the other of which may be English
9    or any other subject. When applicable, writing-intensive
10    courses may be counted towards the fulfillment of other
11    graduation requirements.
12        (3) Three years of mathematics, one of which must be
13    Algebra I, one of which must include geometry content, and
14    one of which may be an Advanced Placement computer science
15    course. A mathematics course that includes geometry
16    content may be offered as an integrated, applied,
17    interdisciplinary, or career and technical education
18    course that prepares a student for a career readiness path.
19        (4) Two years of science.
20        (5) Two years of social studies, of which at least one
21    year must be history of the United States or a combination
22    of history of the United States and American government
23    and, beginning with pupils entering the 9th grade in the
24    2016-2017 school year and each school year thereafter, at
25    least one semester must be civics, which shall help young
26    people acquire and learn to use the skills, knowledge, and

 

 

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1    attitudes that will prepare them to be competent and
2    responsible citizens throughout their lives. Civics course
3    content shall focus on government institutions, the
4    discussion of current and controversial issues, service
5    learning, and simulations of the democratic process.
6    School districts may utilize private funding available for
7    the purposes of offering civics education.
8        (6) One year chosen from (A) music, (B) art, (C)
9    foreign language, which shall be deemed to include American
10    Sign Language, or (D) vocational education.
11    (e-5) Beginning with the 2024-2025 school year, as a
12prerequisite to receiving a high school diploma, each pupil
13entering the 9th grade must, in addition to other course
14requirements, successfully complete all of the following
15courses:
16        (1) Four years of language arts.
17        (2) Two years of writing intensive courses, one of
18    which must be English and the other of which may be English
19    or any other subject. If applicable, writing-intensive
20    courses may be counted toward the fulfillment of other
21    graduation requirements.
22        (3) Three years of mathematics, one of which must be
23    Algebra I, one of which must include geometry content, and
24    one of which may be an Advanced Placement computer science
25    course. A mathematics course that includes geometry
26    content may be offered as an integrated, applied,

 

 

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1    interdisciplinary, or career and technical education
2    course that prepares a student for a career readiness path.
3        (4) Two years of laboratory science.
4        (5) Two years of social studies, of which at least one
5    year must be history of the United States or a combination
6    of history of the United States and American government and
7    at least one semester must be civics, which shall help
8    young people acquire and learn to use the skills,
9    knowledge, and attitudes that will prepare them to be
10    competent and responsible citizens throughout their lives.
11    Civics course content shall focus on government
12    institutions, the discussion of current and controversial
13    issues, service learning, and simulations of the
14    democratic process. School districts may utilize private
15    funding available for the purposes of offering civics
16    education.
17        (6) One year chosen from (A) music, (B) art, (C)
18    foreign language, which shall be deemed to include American
19    Sign Language, or (D) vocational education.
20    (e-10) Beginning with the 2028-2029 school year, as a
21prerequisite to receiving a high school diploma, each pupil
22entering the 9th grade must, in addition to other course
23requirements, successfully complete 2 years of foreign
24language courses, which may include American Sign Language. A
25pupil may choose a third year of foreign language to satisfy
26the requirement under paragraph (6) of subsection (e-5).

 

 

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1    (f) The State Board of Education shall develop and inform
2school districts of standards for writing-intensive
3coursework.
4    (f-5) If a school district offers an Advanced Placement
5computer science course to high school students, then the
6school board must designate that course as equivalent to a high
7school mathematics course and must denote on the student's
8transcript that the Advanced Placement computer science course
9qualifies as a mathematics-based, quantitative course for
10students in accordance with subdivision (3) of subsection (e)
11of this Section.
12    (g) This amendatory Act of 1983 does not apply to pupils
13entering the 9th grade in 1983-1984 school year and prior
14school years or to students with disabilities whose course of
15study is determined by an individualized education program.
16    This amendatory Act of the 94th General Assembly does not
17apply to pupils entering the 9th grade in the 2004-2005 school
18year or a prior school year or to students with disabilities
19whose course of study is determined by an individualized
20education program.
21    Subsection (e-5) does not apply to pupils entering the 9th
22grade in the 2023-2024 school year or a prior school year or to
23students with disabilities whose course of study is determined
24by an individualized education program. Subsection (e-10) does
25not apply to pupils entering the 9th grade in the 2027-2028
26school year or a prior school year or to students with

 

 

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1disabilities whose course of study is determined by an
2individualized education program.
3    (h) The provisions of this Section are subject to the
4provisions of Section 27-22.05 of this Code and the
5Postsecondary and Workforce Readiness Act.
6    (i) The State Board of Education may adopt rules to modify
7the requirements of this Section for any students enrolled in
8grades 9 through 12 if the Governor has declared a disaster due
9to a public health emergency pursuant to Section 7 of the
10Illinois Emergency Management Agency Act.
11(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20;
12101-643, eff. 6-18-20.)
 
13    Section 50-10. The Board of Higher Education Act is amended
14by adding Section 9.40 as follows:
 
15    (110 ILCS 205/9.40 new)
16    Sec. 9.40. Review of university admission coursework.
17    (a) On or before May 1, 2021 and as needed thereafter, the
18Board of Higher Education shall compile a review that
19identifies, for each public university in this State, all
20courses the university will require or recommend a high school
21student take to be admitted to the university as an
22undergraduate student for the following school year. The review
23shall also include any required coursework or recommended
24coursework for a undergraduate admission into a specific

 

 

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1academic major, college, or department of the university for
2the following school year. In order to allow public school
3districts sufficient time to fulfill their obligations under
4subsection (c) of Section 2-3.183 of the School Code, the
5review must also identify any new courses that each public
6university in this State will add to the review the following
7year. No new required or recommended coursework may be added to
8a review that has not been identified in the previous year's
9review.
10    (b) The Board of Higher Education shall make the review
11compiled under subsection (a) available to the public on its
12Internet website.
13    (c) The Board of Higher Education may adopt any rules
14necessary to implement this Section.
 
15
Article 60.

 
16    Section 60-5. The School Code is amended by adding Sections
172-3.185, 10-20.73, and 27-23.15 and by changing Sections 10-17a
18and 27-22 as follows:
 
19    (105 ILCS 5/2-3.185 new)
20    Sec. 2-3.185. Computer science standards and courses. On or
21before December 1, 2021, the State Board of Education shall:
22        (1) develop or adopt rigorous learning standards in the
23    area of computer science; and

 

 

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1        (2) analyze and revise, if appropriate, existing
2    course titles dedicated to computer science or develop a
3    short list of existing course titles that are recommended
4    for computer science courses.
 
5    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
6    Sec. 10-17a. State, school district, and school report
7cards.
8    (1) By October 31, 2013 and October 31 of each subsequent
9school year, the State Board of Education, through the State
10Superintendent of Education, shall prepare a State report card,
11school district report cards, and school report cards, and
12shall by the most economic means provide to each school
13district in this State, including special charter districts and
14districts subject to the provisions of Article 34, the report
15cards for the school district and each of its schools.
16    (2) In addition to any information required by federal law,
17the State Superintendent shall determine the indicators and
18presentation of the school report card, which must include, at
19a minimum, the most current data collected and maintained by
20the State Board of Education related to the following:
21        (A) school characteristics and student demographics,
22    including average class size, average teaching experience,
23    student racial/ethnic breakdown, and the percentage of
24    students classified as low-income; the percentage of
25    students classified as English learners; the percentage of

 

 

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1    students who have individualized education plans or 504
2    plans that provide for special education services; the
3    number and percentage of all students who have been
4    assessed for placement in a gifted education or advanced
5    academic program and, of those students: (i) the racial and
6    ethnic breakdown, (ii) the percentage who are classified as
7    low-income, and (iii) the number and percentage of students
8    who received direct instruction from a teacher who holds a
9    gifted education endorsement and, of those students, the
10    percentage who are classified as low-income; the
11    percentage of students scoring at the "exceeds
12    expectations" level on the assessments required under
13    Section 2-3.64a-5 of this Code; the percentage of students
14    who annually transferred in or out of the school district;
15    average daily attendance; the per-pupil operating
16    expenditure of the school district; and the per-pupil State
17    average operating expenditure for the district type
18    (elementary, high school, or unit);
19        (B) curriculum information, including, where
20    applicable, Advanced Placement, International
21    Baccalaureate or equivalent courses, dual enrollment
22    courses, foreign language classes, computer science
23    courses, school personnel resources (including Career
24    Technical Education teachers), before and after school
25    programs, extracurricular activities, subjects in which
26    elective classes are offered, health and wellness

 

 

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1    initiatives (including the average number of days of
2    Physical Education per week per student), approved
3    programs of study, awards received, community
4    partnerships, and special programs such as programming for
5    the gifted and talented, students with disabilities, and
6    work-study students;
7        (C) student outcomes, including, where applicable, the
8    percentage of students deemed proficient on assessments of
9    State standards, the percentage of students in the eighth
10    grade who pass Algebra, the percentage of students who
11    participated in workplace learning experiences, the
12    percentage of students enrolled in post-secondary
13    institutions (including colleges, universities, community
14    colleges, trade/vocational schools, and training programs
15    leading to career certification within 2 semesters of high
16    school graduation), the percentage of students graduating
17    from high school who are college and career ready, and the
18    percentage of graduates enrolled in community colleges,
19    colleges, and universities who are in one or more courses
20    that the community college, college, or university
21    identifies as a developmental course;
22        (D) student progress, including, where applicable, the
23    percentage of students in the ninth grade who have earned 5
24    credits or more without failing more than one core class, a
25    measure of students entering kindergarten ready to learn, a
26    measure of growth, and the percentage of students who enter

 

 

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1    high school on track for college and career readiness;
2        (E) the school environment, including, where
3    applicable, the percentage of students with less than 10
4    absences in a school year, the percentage of teachers with
5    less than 10 absences in a school year for reasons other
6    than professional development, leaves taken pursuant to
7    the federal Family Medical Leave Act of 1993, long-term
8    disability, or parental leaves, the 3-year average of the
9    percentage of teachers returning to the school from the
10    previous year, the number of different principals at the
11    school in the last 6 years, the number of teachers who hold
12    a gifted education endorsement, the process and criteria
13    used by the district to determine whether a student is
14    eligible for participation in a gifted education program or
15    advanced academic program and the manner in which parents
16    and guardians are made aware of the process and criteria, 2
17    or more indicators from any school climate survey selected
18    or approved by the State and administered pursuant to
19    Section 2-3.153 of this Code, with the same or similar
20    indicators included on school report cards for all surveys
21    selected or approved by the State pursuant to Section
22    2-3.153 of this Code, and the combined percentage of
23    teachers rated as proficient or excellent in their most
24    recent evaluation;
25        (F) a school district's and its individual schools'
26    balanced accountability measure, in accordance with

 

 

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1    Section 2-3.25a of this Code;
2        (G) the total and per pupil normal cost amount the
3    State contributed to the Teachers' Retirement System of the
4    State of Illinois in the prior fiscal year for the school's
5    employees, which shall be reported to the State Board of
6    Education by the Teachers' Retirement System of the State
7    of Illinois;
8        (H) for a school district organized under Article 34 of
9    this Code only, State contributions to the Public School
10    Teachers' Pension and Retirement Fund of Chicago and State
11    contributions for health care for employees of that school
12    district;
13        (I) a school district's Final Percent of Adequacy, as
14    defined in paragraph (4) of subsection (f) of Section
15    18-8.15 of this Code;
16        (J) a school district's Local Capacity Target, as
17    defined in paragraph (2) of subsection (c) of Section
18    18-8.15 of this Code, displayed as a percentage amount;
19        (K) a school district's Real Receipts, as defined in
20    paragraph (1) of subsection (d) of Section 18-8.15 of this
21    Code, divided by a school district's Adequacy Target, as
22    defined in paragraph (1) of subsection (b) of Section
23    18-8.15 of this Code, displayed as a percentage amount;
24        (L) a school district's administrative costs; and
25        (M) whether or not the school has participated in the
26    Illinois Youth Survey. In this paragraph (M), "Illinois

 

 

10100HB2170sam002- 55 -LRB101 07409 CMG 74701 a

1    Youth Survey" means a self-report survey, administered in
2    school settings every 2 years, designed to gather
3    information about health and social indicators, including
4    substance abuse patterns and the attitudes of students in
5    grades 8, 10, and 12; and
6        (N) whether the school offered its students career and
7    technical education opportunities.
8    The school report card shall also provide information that
9allows for comparing the current outcome, progress, and
10environment data to the State average, to the school data from
11the past 5 years, and to the outcomes, progress, and
12environment of similar schools based on the type of school and
13enrollment of low-income students, special education students,
14and English learners.
15    As used in this subsection (2):
16    "Administrative costs" means costs associated with
17executive, administrative, or managerial functions within the
18school district that involve planning, organizing, managing,
19or directing the school district.
20    "Advanced academic program" means a course of study to
21which students are assigned based on advanced cognitive ability
22or advanced academic achievement compared to local age peers
23and in which the curriculum is substantially differentiated
24from the general curriculum to provide appropriate challenge
25and pace.
26    "Computer science" means the study of computers and

 

 

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1algorithms, including their principles, their hardware and
2software designs, their implementation, and their impact on
3society. "Computer science" does not include the study of
4everyday uses of computers and computer applications, such as
5keyboarding or accessing the Internet.
6    "Gifted education" means educational services, including
7differentiated curricula and instructional methods, designed
8to meet the needs of gifted children as defined in Article 14A
9of this Code.
10    For the purposes of paragraph (A) of this subsection (2),
11"average daily attendance" means the average of the actual
12number of attendance days during the previous school year for
13any enrolled student who is subject to compulsory attendance by
14Section 26-1 of this Code at each school and charter school.
15    (3) At the discretion of the State Superintendent, the
16school district report card shall include a subset of the
17information identified in paragraphs (A) through (E) of
18subsection (2) of this Section, as well as information relating
19to the operating expense per pupil and other finances of the
20school district, and the State report card shall include a
21subset of the information identified in paragraphs (A) through
22(E) and paragraph (N) of subsection (2) of this Section. The
23school district report card shall include the average daily
24attendance, as that term is defined in subsection (2) of this
25Section, of students who have individualized education
26programs and students who have 504 plans that provide for

 

 

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1special education services within the school district.
2    (4) Notwithstanding anything to the contrary in this
3Section, in consultation with key education stakeholders, the
4State Superintendent shall at any time have the discretion to
5amend or update any and all metrics on the school, district, or
6State report card.
7    (5) Annually, no more than 30 calendar days after receipt
8of the school district and school report cards from the State
9Superintendent of Education, each school district, including
10special charter districts and districts subject to the
11provisions of Article 34, shall present such report cards at a
12regular school board meeting subject to applicable notice
13requirements, post the report cards on the school district's
14Internet web site, if the district maintains an Internet web
15site, make the report cards available to a newspaper of general
16circulation serving the district, and, upon request, send the
17report cards home to a parent (unless the district does not
18maintain an Internet web site, in which case the report card
19shall be sent home to parents without request). If the district
20posts the report card on its Internet web site, the district
21shall send a written notice home to parents stating (i) that
22the report card is available on the web site, (ii) the address
23of the web site, (iii) that a printed copy of the report card
24will be sent to parents upon request, and (iv) the telephone
25number that parents may call to request a printed copy of the
26report card.

 

 

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1    (6) Nothing contained in Public Act 98-648 repeals,
2supersedes, invalidates, or nullifies final decisions in
3lawsuits pending on July 1, 2014 (the effective date of Public
4Act 98-648) in Illinois courts involving the interpretation of
5Public Act 97-8.
6(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
7100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
88-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
9eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
 
10    (105 ILCS 5/10-20.73 new)
11    Sec. 10-20.73. Computer literacy skills. All school
12districts shall ensure that students receive developmentally
13appropriate opportunities to gain computer literacy skills
14beginning in elementary school.
 
15    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
16    Sec. 27-22. Required high school courses.
17    (a) (Blank).
18    (b) (Blank).
19    (c) (Blank).
20    (d) (Blank).
21    (e) As a prerequisite to receiving a high school diploma,
22each pupil entering the 9th grade must, in addition to other
23course requirements, successfully complete all of the
24following courses:

 

 

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1        (1) Four years of language arts.
2        (2) Two years of writing intensive courses, one of
3    which must be English and the other of which may be English
4    or any other subject. When applicable, writing-intensive
5    courses may be counted towards the fulfillment of other
6    graduation requirements.
7        (3) Three years of mathematics, one of which must be
8    Algebra I, one of which must include geometry content, and
9    one of which may be an Advanced Placement computer science
10    course. A mathematics course that includes geometry
11    content may be offered as an integrated, applied,
12    interdisciplinary, or career and technical education
13    course that prepares a student for a career readiness path.
14        (3.5) For pupils entering the 9th grade in the
15    2022-2023 school year and each school year thereafter, one
16    year of a course that includes intensive instruction in
17    computer literacy, which may be English, social studies, or
18    any other subject and which may be counted toward the
19    fulfillment of other graduation requirements.
20        (4) Two years of science.
21        (5) Two years of social studies, of which at least one
22    year must be history of the United States or a combination
23    of history of the United States and American government
24    and, beginning with pupils entering the 9th grade in the
25    2016-2017 school year and each school year thereafter, at
26    least one semester must be civics, which shall help young

 

 

10100HB2170sam002- 60 -LRB101 07409 CMG 74701 a

1    people acquire and learn to use the skills, knowledge, and
2    attitudes that will prepare them to be competent and
3    responsible citizens throughout their lives. Civics course
4    content shall focus on government institutions, the
5    discussion of current and controversial issues, service
6    learning, and simulations of the democratic process.
7    School districts may utilize private funding available for
8    the purposes of offering civics education.
9        (6) One year chosen from (A) music, (B) art, (C)
10    foreign language, which shall be deemed to include American
11    Sign Language, or (D) vocational education.
12    (f) The State Board of Education shall develop and inform
13school districts of standards for writing-intensive
14coursework.
15    (f-5) If a school district offers an Advanced Placement
16computer science course to high school students, then the
17school board must designate that course as equivalent to a high
18school mathematics course and must denote on the student's
19transcript that the Advanced Placement computer science course
20qualifies as a mathematics-based, quantitative course for
21students in accordance with subdivision (3) of subsection (e)
22of this Section.
23    (g) This amendatory Act of 1983 does not apply to pupils
24entering the 9th grade in 1983-1984 school year and prior
25school years or to students with disabilities whose course of
26study is determined by an individualized education program.

 

 

10100HB2170sam002- 61 -LRB101 07409 CMG 74701 a

1    This amendatory Act of the 94th General Assembly does not
2apply to pupils entering the 9th grade in the 2004-2005 school
3year or a prior school year or to students with disabilities
4whose course of study is determined by an individualized
5education program.
6    This amendatory Act of the 101st General Assembly does not
7apply to pupils entering the 9th grade in the 2021-2022 school
8year or a prior school year or to students with disabilities
9whose course of study is determined by an individualized
10education program.
11    (h) The provisions of this Section are subject to the
12provisions of Section 27-22.05 of this Code and the
13Postsecondary and Workforce Readiness Act.
14    (i) The State Board of Education may adopt rules to modify
15the requirements of this Section for any students enrolled in
16grades 9 through 12 if the Governor has declared a disaster due
17to a public health emergency pursuant to Section 7 of the
18Illinois Emergency Management Agency Act.
19(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20;
20101-643, eff. 6-18-20.)
 
21    (105 ILCS 5/27-23.15 new)
22    Sec. 27-23.15. Computer science.
23    (a) In this Section, "computer science" means the study of
24computers and algorithms, including their principles, their
25hardware and software designs, their implementation, and their

 

 

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1impact on society. "Computer science" does not include the
2study of everyday uses of computers and computer applications,
3such as keyboarding or accessing the Internet.
4    (b) Beginning with the 2023-2024 school year, the school
5board of a school district that maintains any of grades 9
6through 12 shall provide an opportunity for every high school
7student to take at least one computer science course aligned to
8rigorous learning standards of the State Board of Education.
 
9
Article 65.

 
10    Section 65-5. The School Code is amended by changing
11Sections 14A-10 and 14A-32 as follows:
 
12    (105 ILCS 5/14A-10)
13    Sec. 14A-10. Legislative findings. The General Assembly
14finds the following:
15        (1) that gifted and talented children (i) exhibit high
16    performance capabilities in intellectual, creative, and
17    artistic areas, (ii) possess an exceptional leadership
18    potential, (iii) excel in specific academic fields, and
19    (iv) have the potential to be influential in business,
20    government, health care, the arts, and other critical
21    sectors of our economic and cultural environment;
22        (2) that gifted and talented children require services
23    and activities that are not ordinarily provided by schools;

 

 

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1    and
2        (3) that outstanding talents are present in children
3    and youth from all cultural groups, across all economic
4    strata, and in all areas of human endeavor; and .
5        (4) that inequitable access to advanced coursework and
6    enrollment in accelerated placement programs exists
7    between children enrolled in different school districts
8    and even within the same school district and more must be
9    done to eliminate the barriers to access to advanced
10    coursework and enrollment in accelerated placement
11    programs for all children.
12(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)
 
13    (105 ILCS 5/14A-32)
14    Sec. 14A-32. Accelerated placement; school district
15responsibilities.
16    (a) Each school district shall have a policy that allows
17for accelerated placement that includes or incorporates by
18reference the following components:
19        (1) a provision that provides that participation in
20    accelerated placement is not limited to those children who
21    have been identified as gifted and talented, but rather is
22    open to all children who demonstrate high ability and who
23    may benefit from accelerated placement;
24        (2) a fair and equitable decision-making process that
25    involves multiple persons and includes a student's parents

 

 

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1    or guardians;
2        (3) procedures for notifying parents or guardians of a
3    child of a decision affecting that child's participation in
4    an accelerated placement program; and
5        (4) an assessment process that includes multiple
6    valid, reliable indicators.
7    (a-5) By no later than the beginning of the 2023-2024
8school year, a school district's accelerated placement policy
9shall allow for the automatic enrollment, in the following
10school term, of a student into the next most rigorous level of
11advanced coursework offered by the high school if the student
12meets or exceeds State standards in English language arts,
13mathematics, or science on a State assessment administered
14under Section 2-3.64a-5 as follows:
15        (1) A student who meets or exceeds State standards in
16    English language arts shall be automatically enrolled into
17    the next most rigorous level of advanced coursework in
18    English, social studies, humanities, or related subjects.
19        (2) A student who meets or exceeds State standards in
20    mathematics shall be automatically enrolled into the next
21    most rigorous level of advanced coursework in mathematics.
22        (3) A student who meets or exceeds State standards in
23    science shall be automatically enrolled into the next most
24    rigorous level of advanced coursework in science.
25    For a student entering grade 12, the next most rigorous
26level of advanced coursework under this subsection (a-5) shall

 

 

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1be a dual credit course, as defined in the Dual Credit Quality
2Act. For other high school grades, the next most rigorous level
3of advanced coursework may include a dual credit course. For
4elementary students, the next most rigorous level of advanced
5coursework may be an honors class, enrichment opportunity,
6gifted program, or another program offered by the district.
7    A school district may use the student's most recent State
8assessment results to determine whether a student meets or
9exceeds State standards. For a student entering grade 9,
10results from the State assessment taken in grades 6 through 8
11may be used. For other high school grades, the results from a
12locally selected, nationally normed assessment may be used
13instead of the State assessment if those results are the most
14recent.
15    A school district must provide the parent or guardian of a
16student eligible for automatic enrollment under this
17subsection (a-5) with the option to instead have the student
18enroll in alternative coursework that better aligns with the
19student's postsecondary education or career goals.
20    Nothing in this subsection (a-5) may be interpreted to
21preclude other students from enrolling in advanced coursework
22per the policy of a school district.
23    (b) Further, a school district's accelerated placement
24policy may include or incorporate by reference, but need not be
25limited to, the following components:
26        (1) procedures for annually informing the community

 

 

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1    at-large, including parents or guardians, community-based
2    organizations, and providers of out-of-school programs,
3    about the accelerated placement program and the methods
4    used for the identification of children eligible for
5    accelerated placement, including strategies to reach
6    groups of students and families who have been historically
7    underrepresented in accelerated placement programs and
8    advanced coursework;
9        (2) a process for referral that allows for multiple
10    referrers, including a child's parents or guardians; other
11    referrers may include licensed education professionals,
12    the child, with the written consent of a parent or
13    guardian, a peer, through a licensed education
14    professional who has knowledge of the referred child's
15    abilities, or, in case of possible early entrance, a
16    preschool educator, pediatrician, or psychologist who
17    knows the child; and
18        (3) a provision that provides that children
19    participating in an accelerated placement program and
20    their parents or guardians will be provided a written plan
21    detailing the type of acceleration the child will receive
22    and strategies to support the child; .
23        (4) procedures to provide support and promote success
24    for students who are newly enrolled in an accelerated
25    placement program; and
26        (5) a process for the school district to review and

 

 

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1    utilize disaggregated data on participation in an
2    accelerated placement program to address gaps among
3    demographic groups in accelerated placement opportunities.
4    (c) The State Board of Education shall adopt rules to
5determine data to be collected and disaggregated by demographic
6group regarding accelerated placement, including the rates of
7students who participate in and successfully complete advanced
8coursework, and a method of making the information available to
9the public.
10    (d) On or before November 1, 2022, following a review of
11disaggregated data on the participation and successful
12completion rates of students enrolled in an accelerated
13placement program, each school district shall develop a plan to
14expand access to its accelerated placement program and to
15ensure the teaching capacity necessary to meet the increased
16demand.
17(Source: P.A. 100-421, eff. 7-1-18.)
 
18
Article 70.

 
19    Section 70-5. The School Code is amended by changing
20Section 22-45 as follows:
 
21    (105 ILCS 5/22-45)
22    Sec. 22-45. Illinois P-20 Council.
23    (a) The General Assembly finds that preparing Illinoisans

 

 

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1for success in school and the workplace requires a continuum of
2quality education from preschool through graduate school. This
3State needs a framework to guide education policy and integrate
4education at every level. A statewide coordinating council to
5study and make recommendations concerning education at all
6levels can avoid fragmentation of policies, promote improved
7teaching and learning, and continue to cultivate and
8demonstrate strong accountability and efficiency. Establishing
9an Illinois P-20 Council will develop a statewide agenda that
10will move the State towards the common goals of improving
11academic achievement, increasing college access and success,
12improving use of existing data and measurements, developing
13improved accountability, fostering innovative approaches to
14education, promoting lifelong learning, easing the transition
15to college, and reducing remediation. A pre-kindergarten
16through grade 20 agenda will strengthen this State's economic
17competitiveness by producing a highly-skilled workforce. In
18addition, lifelong learning plans will enhance this State's
19ability to leverage funding.
20    (b) There is created the Illinois P-20 Council. The
21Illinois P-20 Council shall include all of the following
22members:
23        (1) The Governor or his or her designee, to serve as
24    chairperson.
25        (2) Four members of the General Assembly, one appointed
26    by the Speaker of the House of Representatives, one

 

 

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1    appointed by the Minority Leader of the House of
2    Representatives, one appointed by the President of the
3    Senate, and one appointed by the Minority Leader of the
4    Senate.
5        (3) Six at-large members appointed by the Governor as
6    follows, with 2 members being from the City of Chicago, 2
7    members being from Lake County, McHenry County, Kane
8    County, DuPage County, Will County, or that part of Cook
9    County outside of the City of Chicago, and 2 members being
10    from the remainder of the State:
11            (A) one representative of civic leaders;
12            (B) one representative of local government;
13            (C) one representative of trade unions;
14            (D) one representative of nonprofit organizations
15        or foundations;
16            (E) one representative of parents' organizations;
17        and
18            (F) one education research expert.
19        (4) Five members appointed by statewide business
20    organizations and business trade associations.
21        (5) Six members appointed by statewide professional
22    organizations and associations representing
23    pre-kindergarten through grade 20 teachers, community
24    college faculty, and public university faculty.
25        (6) Two members appointed by associations representing
26    local school administrators and school board members. One

 

 

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1    of these members must be a special education administrator.
2        (7) One member representing community colleges,
3    appointed by the Illinois Council of Community College
4    Presidents.
5        (8) One member representing 4-year independent
6    colleges and universities, appointed by a statewide
7    organization representing private institutions of higher
8    learning.
9        (9) One member representing public 4-year
10    universities, appointed jointly by the university
11    presidents and chancellors.
12        (10) Ex-officio members as follows:
13            (A) The State Superintendent of Education or his or
14        her designee.
15            (B) The Executive Director of the Board of Higher
16        Education or his or her designee.
17            (C) The Executive Director of the Illinois
18        Community College Board or his or her designee.
19            (D) The Executive Director of the Illinois Student
20        Assistance Commission or his or her designee.
21            (E) The Co-chairpersons of the Illinois Workforce
22        Investment Board or their designee.
23            (F) The Director of Commerce and Economic
24        Opportunity or his or her designee.
25            (G) The Chairperson of the Illinois Early Learning
26        Council or his or her designee.

 

 

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1            (H) The President of the Illinois Mathematics and
2        Science Academy or his or her designee.
3            (I) The president of an association representing
4        educators of adult learners or his or her designee.
5Ex-officio members shall have no vote on the Illinois P-20
6Council.
7    Appointed members shall serve for staggered terms expiring
8on July 1 of the first, second, or third calendar year
9following their appointments or until their successors are
10appointed and have qualified. Staggered terms shall be
11determined by lot at the organizing meeting of the Illinois
12P-20 Council.
13    Vacancies shall be filled in the same manner as original
14appointments, and any member so appointed shall serve during
15the remainder of the term for which the vacancy occurred.
16    (c) The Illinois P-20 Council shall be funded through State
17appropriations to support staff activities, research,
18data-collection, and dissemination. The Illinois P-20 Council
19shall be staffed by the Office of the Governor, in coordination
20with relevant State agencies, boards, and commissions. The
21Illinois Education Research Council shall provide research and
22coordinate research collection activities for the Illinois
23P-20 Council.
24    (d) The Illinois P-20 Council shall have all of the
25following duties:
26        (1) To make recommendations to do all of the following:

 

 

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1            (A) Coordinate pre-kindergarten through grade 20
2        (graduate school) education in this State through
3        working at the intersections of educational systems to
4        promote collaborative infrastructure.
5            (B) Coordinate and leverage strategies, actions,
6        legislation, policies, and resources of all
7        stakeholders to support fundamental and lasting
8        improvement in this State's public schools, community
9        colleges, and universities.
10            (C) Better align the high school curriculum with
11        postsecondary expectations.
12            (D) Better align assessments across all levels of
13        education.
14            (E) Reduce the need for students entering
15        institutions of higher education to take remedial
16        courses.
17            (F) Smooth the transition from high school to
18        college.
19            (G) Improve high school and college graduation
20        rates.
21            (H) Improve the rigor and relevance of academic
22        standards for college and workforce readiness.
23            (I) Better align college and university teaching
24        programs with the needs of Illinois schools.
25        (2) To advise the Governor, the General Assembly, the
26    State's education and higher education agencies, and the

 

 

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1    State's workforce and economic development boards and
2    agencies on policies related to lifelong learning for
3    Illinois students and families.
4        (3) To articulate a framework for systemic educational
5    improvement and innovation that will enable every student
6    to meet or exceed Illinois learning standards and be
7    well-prepared to succeed in the workforce and community.
8        (4) To provide an estimated fiscal impact for
9    implementation of all Council recommendations.
10        (5) To make recommendations for short-term and
11    long-term learning recovery actions for public school
12    students in this State in the wake of the COVID-19
13    pandemic. The Illinois P-20 Council shall submit a report
14    with its recommendations for a multi-year recovery plan by
15    December 31, 2021 to the Governor, the State Board of
16    Education, the Board of Higher Education, the Illinois
17    Community College Board, and the General Assembly that
18    addresses all of the following:
19            (A) Closing the digital divide for all students,
20        including access to devices, Internet connectivity,
21        and ensuring that educators have the necessary support
22        and training to provide high quality remote and blended
23        learning to students.
24            (B) Evaluating the academic growth and proficiency
25        of students in order to understand the impact of school
26        closures and remote and blended remote learning

 

 

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1        conditions on student academic outcomes, including
2        disaggregating data by race, income, diverse learners,
3        and English learners, in ways that balance the need to
4        understand that impact with the need to support student
5        well-being and also take into consideration the
6        logistical constraints facing schools and districts.
7            (C) Establishing a system for the collection and
8        review of student data at the State level, including
9        data about prekindergarten through higher education
10        student attendance, engagement and participation,
11        discipline, and social-emotional and mental health
12        inputs and outcomes, in order to better understand the
13        full impact of disrupted learning.
14            (D) Providing students with resources and programs
15        for academic support, such as enrichment
16        opportunities, tutoring corps, summer bridge programs,
17        youth leadership and development programs, youth and
18        community-led restorative and transformative justice
19        programs, and youth internship and apprenticeship
20        programs.
21            (E) Providing students with resources and support
22        to ensure access to social-emotional learning, mental
23        health services, and trauma responsive, restorative
24        justice and anti-racist practices in order to support
25        the growth of the whole child, such as investing in
26        community schools and providing comprehensive

 

 

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1        year-round services and support for both students and
2        their families.
3            (F) Ensuring more time for students' academic,
4        social-emotional, and mental health needs by
5        considering such strategies as: (i) extending planning
6        time for teachers, (ii) extending the school day and
7        school year, and (iii) transitioning to year-round
8        schooling.
9            (G) Strengthening the transition from secondary
10        education to postsecondary education in the wake of
11        threats to alignment and affordability created by the
12        pandemic and related conditions.
13    (e) The chairperson of the Illinois P-20 Council may
14authorize the creation of working groups focusing on areas of
15interest to Illinois educational and workforce development,
16including without limitation the following areas:
17        (1) Preparation, recruitment, and certification of
18    highly qualified teachers.
19        (2) Mentoring and induction of highly qualified
20    teachers.
21        (3) The diversity of highly qualified teachers.
22        (4) Funding for highly qualified teachers, including
23    developing a strategic and collaborative plan to seek
24    federal and private grants to support initiatives
25    targeting teacher preparation and its impact on student
26    achievement.

 

 

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1        (5) Highly effective administrators.
2        (6) Illinois birth through age 3 education,
3    pre-kindergarten, and early childhood education.
4        (7) The assessment, alignment, outreach, and network
5    of college and workforce readiness efforts.
6        (8) Alternative routes to college access.
7        (9) Research data and accountability.
8        (10) Community schools, community participation, and
9    other innovative approaches to education that foster
10    community partnerships.
11        (11) Tuition, financial aid, and other issues related
12    to keeping postsecondary education affordable for Illinois
13    residents.
14        (12) Learning recovery in the wake of the COVID-19
15    pandemic.
16    The chairperson of the Illinois P-20 Council may designate
17Council members to serve as working group chairpersons. Working
18groups may invite organizations and individuals representing
19pre-kindergarten through grade 20 interests to participate in
20discussions, data collection, and dissemination.
21(Source: P.A. 98-463, eff. 8-16-13; 98-719, eff. 1-1-15;
2299-643, eff. 1-1-17.)
 
23
Article 75.

 
24    Section 75-5. The State Finance Act is amended by adding

 

 

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1Section 5.935 as follows:
 
2    (30 ILCS 105/5.935 new)
3    Sec. 5.935. The Freedom Schools Fund.
 
4    Section 75-10. The School Code is amended by adding Section
52-3.186 as follows:
 
6    (105 ILCS 5/2-3.186 new)
7    Sec. 2-3.186. Freedom Schools; grant program.
8    (a) The General Assembly recognizes and values the
9contributions that Freedom Schools make to enhance the lives of
10Black students. The General Assembly makes all of the following
11findings:
12        (1) The fundamental goal of the Freedom Schools of the
13    1960s was to create Black political power to defend the
14    interests of the disempowered. The curriculum of Freedom
15    Schools allowed students of all ages to experience a new
16    and liberating form of education that directly related to
17    the imperatives of their lives, their communities, and the
18    Freedom Movement.
19        (2) Freedom Schools continue to demonstrate the proven
20    benefits of race modeling and intergenerational effects by
21    providing Black students with quality instruction that
22    fosters student confidence, resiliency, and social and
23    emotional development.

 

 

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1        (3) Freedom Schools offer culturally relevant learning
2    opportunities with the academic and social supports that
3    Black children need by utilizing quality teaching,
4    challenging and engaging curricula, wrap-around supports,
5    a positive school climate, and strong ties to family and
6    community. Freedom Schools have a clear focus on results.
7        (4) Public schools serve a foundational role in the
8    education of over 2,000,000 students in this State.
9    (b) The State Board of Education shall establish Freedom
10Schools to supplement the learning taking place in public
11schools by expanding the teaching of Black history, developing
12leadership skills, and providing an understanding of the tenets
13of the civil rights movement. The teachers in Freedom Schools
14must be college students or recent high school graduates from
15the local community, with an emphasis on Black youth, so that
16(i) these individuals have access to summer jobs and teaching
17experiences that serve as a long-term pipeline to educational
18careers and the hiring of Black educators in public schools,
19(ii) these individuals are elevated as content experts and
20community leaders, and (iii) Freedom School students have
21access to both role models and education.
22    (c) A Freedom School shall intentionally and imaginatively
23implement strategies that focus on all of the following:
24        (1) Racial justice and equity.
25        (2) Transparency and building trusting relationships.
26        (3) Self-determination and governance.

 

 

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1        (4) Building on community strengths and community
2    wisdom.
3        (5) Utilizing current data, best practices, and
4    evidence.
5        (6) Shared leadership and collaboration.
6        (7) A reflective learning culture.
7        (8) A whole-child approach to education.
8        (9) Literacy.
9    (d) The State Board of Education, in the establishment of
10Freedom Schools, shall strive for authentic parent and
11community engagement during the development of Freedom Schools
12and their curriculum. Authentic parent and community
13engagement includes all of the following:
14        (1) A shared responsibility that values equal
15    partnerships between families and professionals.
16        (2) Ensuring that students and families who are
17    directly impacted by Freedom School policies and practices
18    are the decision-makers in the creation, design,
19    implementation, and assessment of those policies and
20    practices.
21        (3) Genuine respect for the culture and diversity of
22    families.
23        (4) Relationships that center around the goal of
24    supporting family well-being and children's development
25    and learning.
26    (e) Subject to appropriation, the State Board of Education

 

 

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1shall establish and implement a grant program to provide grants
2to public schools, public community colleges, and
3not-for-profit, community-based organizations to facilitate
4improved educational outcomes for Black students in grades
5pre-kindergarten through 12. Grant recipients under the
6program may include, but are not limited to, entities that
7offer established programs with proven results and outcomes.
8The State Board of Education shall award grants to eligible
9entities that demonstrate a likelihood of reasonable success in
10achieving the goals identified in the grant application,
11including, but not limited to, all of the following:
12        (1) Engaging, culturally relevant, and challenging
13    curricula.
14        (2) High-quality teaching.
15        (3) Wrap-around supports and opportunities.
16        (4) Positive discipline practices, such as restorative
17    justice.
18        (5) Inclusive leadership.
19    (f) The Freedom Schools Fund is created as a special fund
20in the State treasury. The Fund shall consist of appropriations
21from the General Revenue Fund, grant funds from the federal
22government, and donations from educational and private
23foundations. All money in the Fund shall be used, subject to
24appropriation, by the State Board of Education for the purposes
25of this Section and to support related activities.
26    (g) The State Board of Education may adopt any rules

 

 

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1necessary to implement this Section.
 
2
Article 85.

 
3    Section 85-5. The School Code is amended by changing
4Section 18-8.15 as follows:
 
5    (105 ILCS 5/18-8.15)
6    Sec. 18-8.15. Evidence-Based Funding for student success
7for the 2017-2018 and subsequent school years.
8    (a) General provisions.
9        (1) The purpose of this Section is to ensure that, by
10    June 30, 2027 and beyond, this State has a kindergarten
11    through grade 12 public education system with the capacity
12    to ensure the educational development of all persons to the
13    limits of their capacities in accordance with Section 1 of
14    Article X of the Constitution of the State of Illinois. To
15    accomplish that objective, this Section creates a method of
16    funding public education that is evidence-based; is
17    sufficient to ensure every student receives a meaningful
18    opportunity to learn irrespective of race, ethnicity,
19    sexual orientation, gender, or community-income level; and
20    is sustainable and predictable. When fully funded under
21    this Section, every school shall have the resources, based
22    on what the evidence indicates is needed, to:
23            (A) provide all students with a high quality

 

 

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1        education that offers the academic, enrichment, social
2        and emotional support, technical, and career-focused
3        programs that will allow them to become competitive
4        workers, responsible parents, productive citizens of
5        this State, and active members of our national
6        democracy;
7            (B) ensure all students receive the education they
8        need to graduate from high school with the skills
9        required to pursue post-secondary education and
10        training for a rewarding career;
11            (C) reduce, with a goal of eliminating, the
12        achievement gap between at-risk and non-at-risk
13        students by raising the performance of at-risk
14        students and not by reducing standards; and
15            (D) ensure this State satisfies its obligation to
16        assume the primary responsibility to fund public
17        education and simultaneously relieve the
18        disproportionate burden placed on local property taxes
19        to fund schools.
20        (2) The Evidence-Based Funding formula under this
21    Section shall be applied to all Organizational Units in
22    this State. The Evidence-Based Funding formula outlined in
23    this Act is based on the formula outlined in Senate Bill 1
24    of the 100th General Assembly, as passed by both
25    legislative chambers. As further defined and described in
26    this Section, there are 4 major components of the

 

 

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1    Evidence-Based Funding model:
2            (A) First, the model calculates a unique Adequacy
3        Target for each Organizational Unit in this State that
4        considers the costs to implement research-based
5        activities, the unit's student demographics, and
6        regional wage differences.
7            (B) Second, the model calculates each
8        Organizational Unit's Local Capacity, or the amount
9        each Organizational Unit is assumed to contribute
10        toward its Adequacy Target from local resources.
11            (C) Third, the model calculates how much funding
12        the State currently contributes to the Organizational
13        Unit and adds that to the unit's Local Capacity to
14        determine the unit's overall current adequacy of
15        funding.
16            (D) Finally, the model's distribution method
17        allocates new State funding to those Organizational
18        Units that are least well-funded, considering both
19        Local Capacity and State funding, in relation to their
20        Adequacy Target.
21        (3) An Organizational Unit receiving any funding under
22    this Section may apply those funds to any fund so received
23    for which that Organizational Unit is authorized to make
24    expenditures by law.
25        (4) As used in this Section, the following terms shall
26    have the meanings ascribed in this paragraph (4):

 

 

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1        "Adequacy Target" is defined in paragraph (1) of
2    subsection (b) of this Section.
3        "Adjusted EAV" is defined in paragraph (4) of
4    subsection (d) of this Section.
5        "Adjusted Local Capacity Target" is defined in
6    paragraph (3) of subsection (c) of this Section.
7        "Adjusted Operating Tax Rate" means a tax rate for all
8    Organizational Units, for which the State Superintendent
9    shall calculate and subtract for the Operating Tax Rate a
10    transportation rate based on total expenses for
11    transportation services under this Code, as reported on the
12    most recent Annual Financial Report in Pupil
13    Transportation Services, function 2550 in both the
14    Education and Transportation funds and functions 4110 and
15    4120 in the Transportation fund, less any corresponding
16    fiscal year State of Illinois scheduled payments excluding
17    net adjustments for prior years for regular, vocational, or
18    special education transportation reimbursement pursuant to
19    Section 29-5 or subsection (b) of Section 14-13.01 of this
20    Code divided by the Adjusted EAV. If an Organizational
21    Unit's corresponding fiscal year State of Illinois
22    scheduled payments excluding net adjustments for prior
23    years for regular, vocational, or special education
24    transportation reimbursement pursuant to Section 29-5 or
25    subsection (b) of Section 14-13.01 of this Code exceed the
26    total transportation expenses, as defined in this

 

 

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1    paragraph, no transportation rate shall be subtracted from
2    the Operating Tax Rate.
3        "Allocation Rate" is defined in paragraph (3) of
4    subsection (g) of this Section.
5        "Alternative School" means a public school that is
6    created and operated by a regional superintendent of
7    schools and approved by the State Board.
8        "Applicable Tax Rate" is defined in paragraph (1) of
9    subsection (d) of this Section.
10        "Assessment" means any of those benchmark, progress
11    monitoring, formative, diagnostic, and other assessments,
12    in addition to the State accountability assessment, that
13    assist teachers' needs in understanding the skills and
14    meeting the needs of the students they serve.
15        "Assistant principal" means a school administrator
16    duly endorsed to be employed as an assistant principal in
17    this State.
18        "At-risk student" means a student who is at risk of not
19    meeting the Illinois Learning Standards or not graduating
20    from elementary or high school and who demonstrates a need
21    for vocational support or social services beyond that
22    provided by the regular school program. All students
23    included in an Organizational Unit's Low-Income Count, as
24    well as all English learner and disabled students attending
25    the Organizational Unit, shall be considered at-risk
26    students under this Section.

 

 

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1        "Average Student Enrollment" or "ASE" for fiscal year
2    2018 means, for an Organizational Unit, the greater of the
3    average number of students (grades K through 12) reported
4    to the State Board as enrolled in the Organizational Unit
5    on October 1 in the immediately preceding school year, plus
6    the pre-kindergarten students who receive special
7    education services of 2 or more hours a day as reported to
8    the State Board on December 1 in the immediately preceding
9    school year, or the average number of students (grades K
10    through 12) reported to the State Board as enrolled in the
11    Organizational Unit on October 1, plus the
12    pre-kindergarten students who receive special education
13    services of 2 or more hours a day as reported to the State
14    Board on December 1, for each of the immediately preceding
15    3 school years. For fiscal year 2019 and each subsequent
16    fiscal year, "Average Student Enrollment" or "ASE" means,
17    for an Organizational Unit, the greater of the average
18    number of students (grades K through 12) reported to the
19    State Board as enrolled in the Organizational Unit on
20    October 1 and March 1 in the immediately preceding school
21    year, plus the pre-kindergarten students who receive
22    special education services as reported to the State Board
23    on October 1 and March 1 in the immediately preceding
24    school year, or the average number of students (grades K
25    through 12) reported to the State Board as enrolled in the
26    Organizational Unit on October 1 and March 1, plus the

 

 

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1    pre-kindergarten students who receive special education
2    services as reported to the State Board on October 1 and
3    March 1, for each of the immediately preceding 3 school
4    years. For the purposes of this definition, "enrolled in
5    the Organizational Unit" means the number of students
6    reported to the State Board who are enrolled in schools
7    within the Organizational Unit that the student attends or
8    would attend if not placed or transferred to another school
9    or program to receive needed services. For the purposes of
10    calculating "ASE", all students, grades K through 12,
11    excluding those attending kindergarten for a half day and
12    students attending an alternative education program
13    operated by a regional office of education or intermediate
14    service center, shall be counted as 1.0. All students
15    attending kindergarten for a half day shall be counted as
16    0.5, unless in 2017 by June 15 or by March 1 in subsequent
17    years, the school district reports to the State Board of
18    Education the intent to implement full-day kindergarten
19    district-wide for all students, then all students
20    attending kindergarten shall be counted as 1.0. Special
21    education pre-kindergarten students shall be counted as
22    0.5 each. If the State Board does not collect or has not
23    collected both an October 1 and March 1 enrollment count by
24    grade or a December 1 collection of special education
25    pre-kindergarten students as of August 31, 2017 (the
26    effective date of Public Act 100-465), it shall establish

 

 

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1    such collection for all future years. For any year in which
2    a count by grade level was collected only once, that count
3    shall be used as the single count available for computing a
4    3-year average ASE. Funding for programs operated by a
5    regional office of education or an intermediate service
6    center must be calculated using the Evidence-Based Funding
7    formula under this Section for the 2019-2020 school year
8    and each subsequent school year until separate adequacy
9    formulas are developed and adopted for each type of
10    program. ASE for a program operated by a regional office of
11    education or an intermediate service center must be
12    determined by the March 1 enrollment for the program. For
13    the 2019-2020 school year, the ASE used in the calculation
14    must be the first-year ASE and, in that year only, the
15    assignment of students served by a regional office of
16    education or intermediate service center shall not result
17    in a reduction of the March enrollment for any school
18    district. For the 2020-2021 school year, the ASE must be
19    the greater of the current-year ASE or the 2-year average
20    ASE. Beginning with the 2021-2022 school year, the ASE must
21    be the greater of the current-year ASE or the 3-year
22    average ASE. School districts shall submit the data for the
23    ASE calculation to the State Board within 45 days of the
24    dates required in this Section for submission of enrollment
25    data in order for it to be included in the ASE calculation.
26    For fiscal year 2018 only, the ASE calculation shall

 

 

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1    include only enrollment taken on October 1.
2        "Base Funding Guarantee" is defined in paragraph (10)
3    of subsection (g) of this Section.
4        "Base Funding Minimum" is defined in subsection (e) of
5    this Section.
6        "Base Tax Year" means the property tax levy year used
7    to calculate the Budget Year allocation of primary State
8    aid.
9        "Base Tax Year's Extension" means the product of the
10    equalized assessed valuation utilized by the county clerk
11    in the Base Tax Year multiplied by the limiting rate as
12    calculated by the county clerk and defined in PTELL.
13        "Bilingual Education Allocation" means the amount of
14    an Organizational Unit's final Adequacy Target
15    attributable to bilingual education divided by the
16    Organizational Unit's final Adequacy Target, the product
17    of which shall be multiplied by the amount of new funding
18    received pursuant to this Section. An Organizational
19    Unit's final Adequacy Target attributable to bilingual
20    education shall include all additional investments in
21    English learner students' adequacy elements.
22        "Budget Year" means the school year for which primary
23    State aid is calculated and awarded under this Section.
24        "Central office" means individual administrators and
25    support service personnel charged with managing the
26    instructional programs, business and operations, and

 

 

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1    security of the Organizational Unit.
2        "Comparable Wage Index" or "CWI" means a regional cost
3    differentiation metric that measures systemic, regional
4    variations in the salaries of college graduates who are not
5    educators. The CWI utilized for this Section shall, for the
6    first 3 years of Evidence-Based Funding implementation, be
7    the CWI initially developed by the National Center for
8    Education Statistics, as most recently updated by Texas A &
9    M University. In the fourth and subsequent years of
10    Evidence-Based Funding implementation, the State
11    Superintendent shall re-determine the CWI using a similar
12    methodology to that identified in the Texas A & M
13    University study, with adjustments made no less frequently
14    than once every 5 years.
15        "Computer technology and equipment" means computers
16    servers, notebooks, network equipment, copiers, printers,
17    instructional software, security software, curriculum
18    management courseware, and other similar materials and
19    equipment.
20        "Computer technology and equipment investment
21    allocation" means the final Adequacy Target amount of an
22    Organizational Unit assigned to Tier 1 or Tier 2 in the
23    prior school year attributable to the additional $285.50
24    per student computer technology and equipment investment
25    grant divided by the Organizational Unit's final Adequacy
26    Target, the result of which shall be multiplied by the

 

 

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1    amount of new funding received pursuant to this Section. An
2    Organizational Unit assigned to a Tier 1 or Tier 2 final
3    Adequacy Target attributable to the received computer
4    technology and equipment investment grant shall include
5    all additional investments in computer technology and
6    equipment adequacy elements.
7        "Core subject" means mathematics; science; reading,
8    English, writing, and language arts; history and social
9    studies; world languages; and subjects taught as Advanced
10    Placement in high schools.
11        "Core teacher" means a regular classroom teacher in
12    elementary schools and teachers of a core subject in middle
13    and high schools.
14        "Core Intervention teacher (tutor)" means a licensed
15    teacher providing one-on-one or small group tutoring to
16    students struggling to meet proficiency in core subjects.
17        "CPPRT" means corporate personal property replacement
18    tax funds paid to an Organizational Unit during the
19    calendar year one year before the calendar year in which a
20    school year begins, pursuant to "An Act in relation to the
21    abolition of ad valorem personal property tax and the
22    replacement of revenues lost thereby, and amending and
23    repealing certain Acts and parts of Acts in connection
24    therewith", certified August 14, 1979, as amended (Public
25    Act 81-1st S.S.-1).
26        "EAV" means equalized assessed valuation as defined in

 

 

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1    paragraph (2) of subsection (d) of this Section and
2    calculated in accordance with paragraph (3) of subsection
3    (d) of this Section.
4        "ECI" means the Bureau of Labor Statistics' national
5    employment cost index for civilian workers in educational
6    services in elementary and secondary schools on a
7    cumulative basis for the 12-month calendar year preceding
8    the fiscal year of the Evidence-Based Funding calculation.
9        "EIS Data" means the employment information system
10    data maintained by the State Board on educators within
11    Organizational Units.
12        "Employee benefits" means health, dental, and vision
13    insurance offered to employees of an Organizational Unit,
14    the costs associated with the statutorily required payment
15    of the normal cost of the Organizational Unit's teacher
16    pensions, Social Security employer contributions, and
17    Illinois Municipal Retirement Fund employer contributions.
18        "English learner" or "EL" means a child included in the
19    definition of "English learners" under Section 14C-2 of
20    this Code participating in a program of transitional
21    bilingual education or a transitional program of
22    instruction meeting the requirements and program
23    application procedures of Article 14C of this Code. For the
24    purposes of collecting the number of EL students enrolled,
25    the same collection and calculation methodology as defined
26    above for "ASE" shall apply to English learners, with the

 

 

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1    exception that EL student enrollment shall include
2    students in grades pre-kindergarten through 12.
3        "Essential Elements" means those elements, resources,
4    and educational programs that have been identified through
5    academic research as necessary to improve student success,
6    improve academic performance, close achievement gaps, and
7    provide for other per student costs related to the delivery
8    and leadership of the Organizational Unit, as well as the
9    maintenance and operations of the unit, and which are
10    specified in paragraph (2) of subsection (b) of this
11    Section.
12        "Evidence-Based Funding" means State funding provided
13    to an Organizational Unit pursuant to this Section.
14        "Extended day" means academic and enrichment programs
15    provided to students outside the regular school day before
16    and after school or during non-instructional times during
17    the school day.
18        "Extension Limitation Ratio" means a numerical ratio
19    in which the numerator is the Base Tax Year's Extension and
20    the denominator is the Preceding Tax Year's Extension.
21        "Final Percent of Adequacy" is defined in paragraph (4)
22    of subsection (f) of this Section.
23        "Final Resources" is defined in paragraph (3) of
24    subsection (f) of this Section.
25        "Full-time equivalent" or "FTE" means the full-time
26    equivalency compensation for staffing the relevant

 

 

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1    position at an Organizational Unit.
2        "Funding Gap" is defined in paragraph (1) of subsection
3    (g).
4        "Guidance counselor" means a licensed guidance
5    counselor who provides guidance and counseling support for
6    students within an Organizational Unit.
7        "Hybrid District" means a partial elementary unit
8    district created pursuant to Article 11E of this Code.
9        "Instructional assistant" means a core or special
10    education, non-licensed employee who assists a teacher in
11    the classroom and provides academic support to students.
12        "Instructional facilitator" means a qualified teacher
13    or licensed teacher leader who facilitates and coaches
14    continuous improvement in classroom instruction; provides
15    instructional support to teachers in the elements of
16    research-based instruction or demonstrates the alignment
17    of instruction with curriculum standards and assessment
18    tools; develops or coordinates instructional programs or
19    strategies; develops and implements training; chooses
20    standards-based instructional materials; provides teachers
21    with an understanding of current research; serves as a
22    mentor, site coach, curriculum specialist, or lead
23    teacher; or otherwise works with fellow teachers, in
24    collaboration, to use data to improve instructional
25    practice or develop model lessons.
26        "Instructional materials" means relevant instructional

 

 

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1    materials for student instruction, including, but not
2    limited to, textbooks, consumable workbooks, laboratory
3    equipment, library books, and other similar materials.
4        "Laboratory School" means a public school that is
5    created and operated by a public university and approved by
6    the State Board.
7        "Librarian" means a teacher with an endorsement as a
8    library information specialist or another individual whose
9    primary responsibility is overseeing library resources
10    within an Organizational Unit.
11        "Limiting rate for Hybrid Districts" means the
12    combined elementary school and high school limiting rates.
13        "Local Capacity" is defined in paragraph (1) of
14    subsection (c) of this Section.
15        "Local Capacity Percentage" is defined in subparagraph
16    (A) of paragraph (2) of subsection (c) of this Section.
17        "Local Capacity Ratio" is defined in subparagraph (B)
18    of paragraph (2) of subsection (c) of this Section.
19        "Local Capacity Target" is defined in paragraph (2) of
20    subsection (c) of this Section.
21        "Low-Income Count" means, for an Organizational Unit
22    in a fiscal year, the higher of the average number of
23    students for the prior school year or the immediately
24    preceding 3 school years who, as of July 1 of the
25    immediately preceding fiscal year (as determined by the
26    Department of Human Services), are eligible for at least

 

 

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1    one of the following low-income programs: Medicaid, the
2    Children's Health Insurance Program, Temporary Assistance
3    for Needy Families (TANF), or the Supplemental Nutrition
4    Assistance Program, excluding pupils who are eligible for
5    services provided by the Department of Children and Family
6    Services. Until such time that grade level low-income
7    populations become available, grade level low-income
8    populations shall be determined by applying the low-income
9    percentage to total student enrollments by grade level. The
10    low-income percentage is determined by dividing the
11    Low-Income Count by the Average Student Enrollment. The
12    low-income percentage for programs operated by a regional
13    office of education or an intermediate service center must
14    be set to the weighted average of the low-income
15    percentages of all of the school districts in the service
16    region. The weighted low-income percentage is the result of
17    multiplying the low-income percentage of each school
18    district served by the regional office of education or
19    intermediate service center by each school district's
20    Average Student Enrollment, summarizing those products and
21    dividing the total by the total Average Student Enrollment
22    for the service region.
23        "Maintenance and operations" means custodial services,
24    facility and ground maintenance, facility operations,
25    facility security, routine facility repairs, and other
26    similar services and functions.

 

 

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1        "Minimum Funding Level" is defined in paragraph (9) of
2    subsection (g) of this Section.
3        "New Property Tax Relief Pool Funds" means, for any
4    given fiscal year, all State funds appropriated under
5    Section 2-3.170 of this the School Code.
6        "New State Funds" means, for a given school year, all
7    State funds appropriated for Evidence-Based Funding in
8    excess of the amount needed to fund the Base Funding
9    Minimum for all Organizational Units in that school year.
10        "Net State Contribution Target" means, for a given
11    school year, the amount of State funds that would be
12    necessary to fully meet the Adequacy Target of an
13    Operational Unit minus the Preliminary Resources available
14    to each unit.
15        "Nurse" means an individual licensed as a certified
16    school nurse, in accordance with the rules established for
17    nursing services by the State Board, who is an employee of
18    and is available to provide health care-related services
19    for students of an Organizational Unit.
20        "Operating Tax Rate" means the rate utilized in the
21    previous year to extend property taxes for all purposes,
22    except Bond and Interest, Summer School, Rent, Capital
23    Improvement, and Vocational Education Building purposes.
24    For Hybrid Districts, the Operating Tax Rate shall be the
25    combined elementary and high school rates utilized in the
26    previous year to extend property taxes for all purposes,

 

 

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1    except Bond and Interest, Summer School, Rent, Capital
2    Improvement, and Vocational Education Building purposes.
3        "Organizational Unit" means a Laboratory School or any
4    public school district that is recognized as such by the
5    State Board and that contains elementary schools typically
6    serving kindergarten through 5th grades, middle schools
7    typically serving 6th through 8th grades, high schools
8    typically serving 9th through 12th grades, a program
9    established under Section 2-3.66 or 2-3.41, or a program
10    operated by a regional office of education or an
11    intermediate service center under Article 13A or 13B. The
12    General Assembly acknowledges that the actual grade levels
13    served by a particular Organizational Unit may vary
14    slightly from what is typical.
15        "Organizational Unit CWI" is determined by calculating
16    the CWI in the region and original county in which an
17    Organizational Unit's primary administrative office is
18    located as set forth in this paragraph, provided that if
19    the Organizational Unit CWI as calculated in accordance
20    with this paragraph is less than 0.9, the Organizational
21    Unit CWI shall be increased to 0.9. Each county's current
22    CWI value shall be adjusted based on the CWI value of that
23    county's neighboring Illinois counties, to create a
24    "weighted adjusted index value". This shall be calculated
25    by summing the CWI values of all of a county's adjacent
26    Illinois counties and dividing by the number of adjacent

 

 

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1    Illinois counties, then taking the weighted value of the
2    original county's CWI value and the adjacent Illinois
3    county average. To calculate this weighted value, if the
4    number of adjacent Illinois counties is greater than 2, the
5    original county's CWI value will be weighted at 0.25 and
6    the adjacent Illinois county average will be weighted at
7    0.75. If the number of adjacent Illinois counties is 2, the
8    original county's CWI value will be weighted at 0.33 and
9    the adjacent Illinois county average will be weighted at
10    0.66. The greater of the county's current CWI value and its
11    weighted adjusted index value shall be used as the
12    Organizational Unit CWI.
13        "Preceding Tax Year" means the property tax levy year
14    immediately preceding the Base Tax Year.
15        "Preceding Tax Year's Extension" means the product of
16    the equalized assessed valuation utilized by the county
17    clerk in the Preceding Tax Year multiplied by the Operating
18    Tax Rate.
19        "Preliminary Percent of Adequacy" is defined in
20    paragraph (2) of subsection (f) of this Section.
21        "Preliminary Resources" is defined in paragraph (2) of
22    subsection (f) of this Section.
23        "Principal" means a school administrator duly endorsed
24    to be employed as a principal in this State.
25        "Professional development" means training programs for
26    licensed staff in schools, including, but not limited to,

 

 

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1    programs that assist in implementing new curriculum
2    programs, provide data focused or academic assessment data
3    training to help staff identify a student's weaknesses and
4    strengths, target interventions, improve instruction,
5    encompass instructional strategies for English learner,
6    gifted, or at-risk students, address inclusivity, cultural
7    sensitivity, or implicit bias, or otherwise provide
8    professional support for licensed staff.
9        "Prototypical" means 450 special education
10    pre-kindergarten and kindergarten through grade 5 students
11    for an elementary school, 450 grade 6 through 8 students
12    for a middle school, and 600 grade 9 through 12 students
13    for a high school.
14        "PTELL" means the Property Tax Extension Limitation
15    Law.
16        "PTELL EAV" is defined in paragraph (4) of subsection
17    (d) of this Section.
18        "Pupil support staff" means a nurse, psychologist,
19    social worker, family liaison personnel, or other staff
20    member who provides support to at-risk or struggling
21    students.
22        "Real Receipts" is defined in paragraph (1) of
23    subsection (d) of this Section.
24        "Regionalization Factor" means, for a particular
25    Organizational Unit, the figure derived by dividing the
26    Organizational Unit CWI by the Statewide Weighted CWI.

 

 

10100HB2170sam002- 101 -LRB101 07409 CMG 74701 a

1        "School site staff" means the primary school secretary
2    and any additional clerical personnel assigned to a school.
3        "Special education" means special educational
4    facilities and services, as defined in Section 14-1.08 of
5    this Code.
6        "Special Education Allocation" means the amount of an
7    Organizational Unit's final Adequacy Target attributable
8    to special education divided by the Organizational Unit's
9    final Adequacy Target, the product of which shall be
10    multiplied by the amount of new funding received pursuant
11    to this Section. An Organizational Unit's final Adequacy
12    Target attributable to special education shall include all
13    special education investment adequacy elements.
14        "Specialist teacher" means a teacher who provides
15    instruction in subject areas not included in core subjects,
16    including, but not limited to, art, music, physical
17    education, health, driver education, career-technical
18    education, and such other subject areas as may be mandated
19    by State law or provided by an Organizational Unit.
20        "Specially Funded Unit" means an Alternative School,
21    safe school, Department of Juvenile Justice school,
22    special education cooperative or entity recognized by the
23    State Board as a special education cooperative,
24    State-approved charter school, or alternative learning
25    opportunities program that received direct funding from
26    the State Board during the 2016-2017 school year through

 

 

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1    any of the funding sources included within the calculation
2    of the Base Funding Minimum or Glenwood Academy.
3        "Supplemental Grant Funding" means supplemental
4    general State aid funding received by an Organizational
5    Unit during the 2016-2017 school year pursuant to
6    subsection (H) of Section 18-8.05 of this Code (now
7    repealed).
8        "State Adequacy Level" is the sum of the Adequacy
9    Targets of all Organizational Units.
10        "State Board" means the State Board of Education.
11        "State Superintendent" means the State Superintendent
12    of Education.
13        "Statewide Weighted CWI" means a figure determined by
14    multiplying each Organizational Unit CWI times the ASE for
15    that Organizational Unit creating a weighted value,
16    summing all Organizational Units' weighted values, and
17    dividing by the total ASE of all Organizational Units,
18    thereby creating an average weighted index.
19        "Student activities" means non-credit producing
20    after-school programs, including, but not limited to,
21    clubs, bands, sports, and other activities authorized by
22    the school board of the Organizational Unit.
23        "Substitute teacher" means an individual teacher or
24    teaching assistant who is employed by an Organizational
25    Unit and is temporarily serving the Organizational Unit on
26    a per diem or per period-assignment basis to replace

 

 

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1    another staff member.
2        "Summer school" means academic and enrichment programs
3    provided to students during the summer months outside of
4    the regular school year.
5        "Supervisory aide" means a non-licensed staff member
6    who helps in supervising students of an Organizational
7    Unit, but does so outside of the classroom, in situations
8    such as, but not limited to, monitoring hallways and
9    playgrounds, supervising lunchrooms, or supervising
10    students when being transported in buses serving the
11    Organizational Unit.
12        "Target Ratio" is defined in paragraph (4) of
13    subsection (g).
14        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
15    in paragraph (3) of subsection (g).
16        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
17    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
18    Funding" are defined in paragraph (1) of subsection (g).
19    (b) Adequacy Target calculation.
20        (1) Each Organizational Unit's Adequacy Target is the
21    sum of the Organizational Unit's cost of providing
22    Essential Elements, as calculated in accordance with this
23    subsection (b), with the salary amounts in the Essential
24    Elements multiplied by a Regionalization Factor calculated
25    pursuant to paragraph (3) of this subsection (b).
26        (2) The Essential Elements are attributable on a pro

 

 

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1    rata basis related to defined subgroups of the ASE of each
2    Organizational Unit as specified in this paragraph (2),
3    with investments and FTE positions pro rata funded based on
4    ASE counts in excess of or less than the thresholds set
5    forth in this paragraph (2). The method for calculating
6    attributable pro rata costs and the defined subgroups
7    thereto are as follows:
8            (A) Core class size investments. Each
9        Organizational Unit shall receive the funding required
10        to support that number of FTE core teacher positions as
11        is needed to keep the respective class sizes of the
12        Organizational Unit to the following maximum numbers:
13                (i) For grades kindergarten through 3, the
14            Organizational Unit shall receive funding required
15            to support one FTE core teacher position for every
16            15 Low-Income Count students in those grades and
17            one FTE core teacher position for every 20
18            non-Low-Income Count students in those grades.
19                (ii) For grades 4 through 12, the
20            Organizational Unit shall receive funding required
21            to support one FTE core teacher position for every
22            20 Low-Income Count students in those grades and
23            one FTE core teacher position for every 25
24            non-Low-Income Count students in those grades.
25            The number of non-Low-Income Count students in a
26        grade shall be determined by subtracting the

 

 

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1        Low-Income students in that grade from the ASE of the
2        Organizational Unit for that grade.
3            (B) Specialist teacher investments. Each
4        Organizational Unit shall receive the funding needed
5        to cover that number of FTE specialist teacher
6        positions that correspond to the following
7        percentages:
8                (i) if the Organizational Unit operates an
9            elementary or middle school, then 20.00% of the
10            number of the Organizational Unit's core teachers,
11            as determined under subparagraph (A) of this
12            paragraph (2); and
13                (ii) if such Organizational Unit operates a
14            high school, then 33.33% of the number of the
15            Organizational Unit's core teachers.
16            (C) Instructional facilitator investments. Each
17        Organizational Unit shall receive the funding needed
18        to cover one FTE instructional facilitator position
19        for every 200 combined ASE of pre-kindergarten
20        children with disabilities and all kindergarten
21        through grade 12 students of the Organizational Unit.
22            (D) Core intervention teacher (tutor) investments.
23        Each Organizational Unit shall receive the funding
24        needed to cover one FTE teacher position for each
25        prototypical elementary, middle, and high school.
26            (E) Substitute teacher investments. Each

 

 

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1        Organizational Unit shall receive the funding needed
2        to cover substitute teacher costs that is equal to
3        5.70% of the minimum pupil attendance days required
4        under Section 10-19 of this Code for all full-time
5        equivalent core, specialist, and intervention
6        teachers, school nurses, special education teachers
7        and instructional assistants, instructional
8        facilitators, and summer school and extended day
9        teacher positions, as determined under this paragraph
10        (2), at a salary rate of 33.33% of the average salary
11        for grade K through 12 teachers and 33.33% of the
12        average salary of each instructional assistant
13        position.
14            (F) Core guidance counselor investments. Each
15        Organizational Unit shall receive the funding needed
16        to cover one FTE guidance counselor for each 450
17        combined ASE of pre-kindergarten children with
18        disabilities and all kindergarten through grade 5
19        students, plus one FTE guidance counselor for each 250
20        grades 6 through 8 ASE middle school students, plus one
21        FTE guidance counselor for each 250 grades 9 through 12
22        ASE high school students.
23            (G) Nurse investments. Each Organizational Unit
24        shall receive the funding needed to cover one FTE nurse
25        for each 750 combined ASE of pre-kindergarten children
26        with disabilities and all kindergarten through grade

 

 

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1        12 students across all grade levels it serves.
2            (H) Supervisory aide investments. Each
3        Organizational Unit shall receive the funding needed
4        to cover one FTE for each 225 combined ASE of
5        pre-kindergarten children with disabilities and all
6        kindergarten through grade 5 students, plus one FTE for
7        each 225 ASE middle school students, plus one FTE for
8        each 200 ASE high school students.
9            (I) Librarian investments. Each Organizational
10        Unit shall receive the funding needed to cover one FTE
11        librarian for each prototypical elementary school,
12        middle school, and high school and one FTE aide or
13        media technician for every 300 combined ASE of
14        pre-kindergarten children with disabilities and all
15        kindergarten through grade 12 students.
16            (J) Principal investments. Each Organizational
17        Unit shall receive the funding needed to cover one FTE
18        principal position for each prototypical elementary
19        school, plus one FTE principal position for each
20        prototypical middle school, plus one FTE principal
21        position for each prototypical high school.
22            (K) Assistant principal investments. Each
23        Organizational Unit shall receive the funding needed
24        to cover one FTE assistant principal position for each
25        prototypical elementary school, plus one FTE assistant
26        principal position for each prototypical middle

 

 

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1        school, plus one FTE assistant principal position for
2        each prototypical high school.
3            (L) School site staff investments. Each
4        Organizational Unit shall receive the funding needed
5        for one FTE position for each 225 ASE of
6        pre-kindergarten children with disabilities and all
7        kindergarten through grade 5 students, plus one FTE
8        position for each 225 ASE middle school students, plus
9        one FTE position for each 200 ASE high school students.
10            (M) Gifted investments. Each Organizational Unit
11        shall receive $40 per kindergarten through grade 12
12        ASE.
13            (N) Professional development investments. Each
14        Organizational Unit shall receive $125 per student of
15        the combined ASE of pre-kindergarten children with
16        disabilities and all kindergarten through grade 12
17        students for trainers and other professional
18        development-related expenses for supplies and
19        materials.
20            (O) Instructional material investments. Each
21        Organizational Unit shall receive $190 per student of
22        the combined ASE of pre-kindergarten children with
23        disabilities and all kindergarten through grade 12
24        students to cover instructional material costs.
25            (P) Assessment investments. Each Organizational
26        Unit shall receive $25 per student of the combined ASE

 

 

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1        of pre-kindergarten children with disabilities and all
2        kindergarten through grade 12 students to cover
3        assessment costs.
4            (Q) Computer technology and equipment investments.
5        Each Organizational Unit shall receive $285.50 per
6        student of the combined ASE of pre-kindergarten
7        children with disabilities and all kindergarten
8        through grade 12 students to cover computer technology
9        and equipment costs. For the 2018-2019 school year and
10        subsequent school years, Organizational Units assigned
11        to Tier 1 and Tier 2 in the prior school year shall
12        receive an additional $285.50 per student of the
13        combined ASE of pre-kindergarten children with
14        disabilities and all kindergarten through grade 12
15        students to cover computer technology and equipment
16        costs in the Organizational Unit's Adequacy Target.
17        The State Board may establish additional requirements
18        for Organizational Unit expenditures of funds received
19        pursuant to this subparagraph (Q), including a
20        requirement that funds received pursuant to this
21        subparagraph (Q) may be used only for serving the
22        technology needs of the district. It is the intent of
23        Public Act 100-465 that all Tier 1 and Tier 2 districts
24        receive the addition to their Adequacy Target in the
25        following year, subject to compliance with the
26        requirements of the State Board.

 

 

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1            (R) Student activities investments. Each
2        Organizational Unit shall receive the following
3        funding amounts to cover student activities: $100 per
4        kindergarten through grade 5 ASE student in elementary
5        school, plus $200 per ASE student in middle school,
6        plus $675 per ASE student in high school.
7            (S) Maintenance and operations investments. Each
8        Organizational Unit shall receive $1,038 per student
9        of the combined ASE of pre-kindergarten children with
10        disabilities and all kindergarten through grade 12
11        students for day-to-day maintenance and operations
12        expenditures, including salary, supplies, and
13        materials, as well as purchased services, but
14        excluding employee benefits. The proportion of salary
15        for the application of a Regionalization Factor and the
16        calculation of benefits is equal to $352.92.
17            (T) Central office investments. Each
18        Organizational Unit shall receive $742 per student of
19        the combined ASE of pre-kindergarten children with
20        disabilities and all kindergarten through grade 12
21        students to cover central office operations, including
22        administrators and classified personnel charged with
23        managing the instructional programs, business and
24        operations of the school district, and security
25        personnel. The proportion of salary for the
26        application of a Regionalization Factor and the

 

 

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1        calculation of benefits is equal to $368.48.
2            (U) Employee benefit investments. Each
3        Organizational Unit shall receive 30% of the total of
4        all salary-calculated elements of the Adequacy Target,
5        excluding substitute teachers and student activities
6        investments, to cover benefit costs. For central
7        office and maintenance and operations investments, the
8        benefit calculation shall be based upon the salary
9        proportion of each investment. If at any time the
10        responsibility for funding the employer normal cost of
11        teacher pensions is assigned to school districts, then
12        that amount certified by the Teachers' Retirement
13        System of the State of Illinois to be paid by the
14        Organizational Unit for the preceding school year
15        shall be added to the benefit investment. For any
16        fiscal year in which a school district organized under
17        Article 34 of this Code is responsible for paying the
18        employer normal cost of teacher pensions, then that
19        amount of its employer normal cost plus the amount for
20        retiree health insurance as certified by the Public
21        School Teachers' Pension and Retirement Fund of
22        Chicago to be paid by the school district for the
23        preceding school year that is statutorily required to
24        cover employer normal costs and the amount for retiree
25        health insurance shall be added to the 30% specified in
26        this subparagraph (U). The Teachers' Retirement System

 

 

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1        of the State of Illinois and the Public School
2        Teachers' Pension and Retirement Fund of Chicago shall
3        submit such information as the State Superintendent
4        may require for the calculations set forth in this
5        subparagraph (U).
6            (V) Additional investments in low-income students.
7        In addition to and not in lieu of all other funding
8        under this paragraph (2), each Organizational Unit
9        shall receive funding based on the average teacher
10        salary for grades K through 12 to cover the costs of:
11                (i) one FTE intervention teacher (tutor)
12            position for every 125 Low-Income Count students;
13                (ii) one FTE pupil support staff position for
14            every 125 Low-Income Count students;
15                (iii) one FTE extended day teacher position
16            for every 120 Low-Income Count students; and
17                (iv) one FTE summer school teacher position
18            for every 120 Low-Income Count students.
19            (W) Additional investments in English learner
20        students. In addition to and not in lieu of all other
21        funding under this paragraph (2), each Organizational
22        Unit shall receive funding based on the average teacher
23        salary for grades K through 12 to cover the costs of:
24                (i) one FTE intervention teacher (tutor)
25            position for every 125 English learner students;
26                (ii) one FTE pupil support staff position for

 

 

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1            every 125 English learner students;
2                (iii) one FTE extended day teacher position
3            for every 120 English learner students;
4                (iv) one FTE summer school teacher position
5            for every 120 English learner students; and
6                (v) one FTE core teacher position for every 100
7            English learner students.
8            (X) Special education investments. Each
9        Organizational Unit shall receive funding based on the
10        average teacher salary for grades K through 12 to cover
11        special education as follows:
12                (i) one FTE teacher position for every 141
13            combined ASE of pre-kindergarten children with
14            disabilities and all kindergarten through grade 12
15            students;
16                (ii) one FTE instructional assistant for every
17            141 combined ASE of pre-kindergarten children with
18            disabilities and all kindergarten through grade 12
19            students; and
20                (iii) one FTE psychologist position for every
21            1,000 combined ASE of pre-kindergarten children
22            with disabilities and all kindergarten through
23            grade 12 students.
24        (3) For calculating the salaries included within the
25    Essential Elements, the State Superintendent shall
26    annually calculate average salaries to the nearest dollar

 

 

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1    using the employment information system data maintained by
2    the State Board, limited to public schools only and
3    excluding special education and vocational cooperatives,
4    schools operated by the Department of Juvenile Justice, and
5    charter schools, for the following positions:
6            (A) Teacher for grades K through 8.
7            (B) Teacher for grades 9 through 12.
8            (C) Teacher for grades K through 12.
9            (D) Guidance counselor for grades K through 8.
10            (E) Guidance counselor for grades 9 through 12.
11            (F) Guidance counselor for grades K through 12.
12            (G) Social worker.
13            (H) Psychologist.
14            (I) Librarian.
15            (J) Nurse.
16            (K) Principal.
17            (L) Assistant principal.
18        For the purposes of this paragraph (3), "teacher"
19    includes core teachers, specialist and elective teachers,
20    instructional facilitators, tutors, special education
21    teachers, pupil support staff teachers, English learner
22    teachers, extended day teachers, and summer school
23    teachers. Where specific grade data is not required for the
24    Essential Elements, the average salary for corresponding
25    positions shall apply. For substitute teachers, the
26    average teacher salary for grades K through 12 shall apply.

 

 

10100HB2170sam002- 115 -LRB101 07409 CMG 74701 a

1        For calculating the salaries included within the
2    Essential Elements for positions not included within EIS
3    Data, the following salaries shall be used in the first
4    year of implementation of Evidence-Based Funding:
5            (i) school site staff, $30,000; and
6            (ii) non-instructional assistant, instructional
7        assistant, library aide, library media tech, or
8        supervisory aide: $25,000.
9        In the second and subsequent years of implementation of
10    Evidence-Based Funding, the amounts in items (i) and (ii)
11    of this paragraph (3) shall annually increase by the ECI.
12        The salary amounts for the Essential Elements
13    determined pursuant to subparagraphs (A) through (L), (S)
14    and (T), and (V) through (X) of paragraph (2) of subsection
15    (b) of this Section shall be multiplied by a
16    Regionalization Factor.
17    (c) Local Capacity calculation.
18        (1) Each Organizational Unit's Local Capacity
19    represents an amount of funding it is assumed to contribute
20    toward its Adequacy Target for purposes of the
21    Evidence-Based Funding formula calculation. "Local
22    Capacity" means either (i) the Organizational Unit's Local
23    Capacity Target as calculated in accordance with paragraph
24    (2) of this subsection (c) if its Real Receipts are equal
25    to or less than its Local Capacity Target or (ii) the
26    Organizational Unit's Adjusted Local Capacity, as

 

 

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1    calculated in accordance with paragraph (3) of this
2    subsection (c) if Real Receipts are more than its Local
3    Capacity Target.
4        (2) "Local Capacity Target" means, for an
5    Organizational Unit, that dollar amount that is obtained by
6    multiplying its Adequacy Target by its Local Capacity
7    Ratio.
8            (A) An Organizational Unit's Local Capacity
9        Percentage is the conversion of the Organizational
10        Unit's Local Capacity Ratio, as such ratio is
11        determined in accordance with subparagraph (B) of this
12        paragraph (2), into a cumulative distribution
13        resulting in a percentile ranking to determine each
14        Organizational Unit's relative position to all other
15        Organizational Units in this State. The calculation of
16        Local Capacity Percentage is described in subparagraph
17        (C) of this paragraph (2).
18            (B) An Organizational Unit's Local Capacity Ratio
19        in a given year is the percentage obtained by dividing
20        its Adjusted EAV or PTELL EAV, whichever is less, by
21        its Adequacy Target, with the resulting ratio further
22        adjusted as follows:
23                (i) for Organizational Units serving grades
24            kindergarten through 12 and Hybrid Districts, no
25            further adjustments shall be made;
26                (ii) for Organizational Units serving grades

 

 

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1            kindergarten through 8, the ratio shall be
2            multiplied by 9/13;
3                (iii) for Organizational Units serving grades
4            9 through 12, the Local Capacity Ratio shall be
5            multiplied by 4/13; and
6                (iv) for an Organizational Unit with a
7            different grade configuration than those specified
8            in items (i) through (iii) of this subparagraph
9            (B), the State Superintendent shall determine a
10            comparable adjustment based on the grades served.
11            (C) The Local Capacity Percentage is equal to the
12        percentile ranking of the district. Local Capacity
13        Percentage converts each Organizational Unit's Local
14        Capacity Ratio to a cumulative distribution resulting
15        in a percentile ranking to determine each
16        Organizational Unit's relative position to all other
17        Organizational Units in this State. The Local Capacity
18        Percentage cumulative distribution resulting in a
19        percentile ranking for each Organizational Unit shall
20        be calculated using the standard normal distribution
21        of the score in relation to the weighted mean and
22        weighted standard deviation and Local Capacity Ratios
23        of all Organizational Units. If the value assigned to
24        any Organizational Unit is in excess of 90%, the value
25        shall be adjusted to 90%. For Laboratory Schools, the
26        Local Capacity Percentage shall be set at 10% in

 

 

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1        recognition of the absence of EAV and resources from
2        the public university that are allocated to the
3        Laboratory School. For programs operated by a regional
4        office of education or an intermediate service center,
5        the Local Capacity Percentage must be set at 10% in
6        recognition of the absence of EAV and resources from
7        school districts that are allocated to the regional
8        office of education or intermediate service center.
9        The weighted mean for the Local Capacity Percentage
10        shall be determined by multiplying each Organizational
11        Unit's Local Capacity Ratio times the ASE for the unit
12        creating a weighted value, summing the weighted values
13        of all Organizational Units, and dividing by the total
14        ASE of all Organizational Units. The weighted standard
15        deviation shall be determined by taking the square root
16        of the weighted variance of all Organizational Units'
17        Local Capacity Ratio, where the variance is calculated
18        by squaring the difference between each unit's Local
19        Capacity Ratio and the weighted mean, then multiplying
20        the variance for each unit times the ASE for the unit
21        to create a weighted variance for each unit, then
22        summing all units' weighted variance and dividing by
23        the total ASE of all units.
24            (D) For any Organizational Unit, the
25        Organizational Unit's Adjusted Local Capacity Target
26        shall be reduced by either (i) the school board's

 

 

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1        remaining contribution pursuant to paragraph (ii) of
2        subsection (b-4) of Section 16-158 of the Illinois
3        Pension Code in a given year or (ii) the board of
4        education's remaining contribution pursuant to
5        paragraph (iv) of subsection (b) of Section 17-129 of
6        the Illinois Pension Code absent the employer normal
7        cost portion of the required contribution and amount
8        allowed pursuant to subdivision (3) of Section
9        17-142.1 of the Illinois Pension Code in a given year.
10        In the preceding sentence, item (i) shall be certified
11        to the State Board of Education by the Teachers'
12        Retirement System of the State of Illinois and item
13        (ii) shall be certified to the State Board of Education
14        by the Public School Teachers' Pension and Retirement
15        Fund of the City of Chicago.
16        (3) If an Organizational Unit's Real Receipts are more
17    than its Local Capacity Target, then its Local Capacity
18    shall equal an Adjusted Local Capacity Target as calculated
19    in accordance with this paragraph (3). The Adjusted Local
20    Capacity Target is calculated as the sum of the
21    Organizational Unit's Local Capacity Target and its Real
22    Receipts Adjustment. The Real Receipts Adjustment equals
23    the Organizational Unit's Real Receipts less its Local
24    Capacity Target, with the resulting figure multiplied by
25    the Local Capacity Percentage.
26        As used in this paragraph (3), "Real Percent of

 

 

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1    Adequacy" means the sum of an Organizational Unit's Real
2    Receipts, CPPRT, and Base Funding Minimum, with the
3    resulting figure divided by the Organizational Unit's
4    Adequacy Target.
5    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
6purposes of the Local Capacity calculation.
7        (1) An Organizational Unit's Real Receipts are the
8    product of its Applicable Tax Rate and its Adjusted EAV. An
9    Organizational Unit's Applicable Tax Rate is its Adjusted
10    Operating Tax Rate for property within the Organizational
11    Unit.
12        (2) The State Superintendent shall calculate the
13    equalized assessed valuation, or EAV, of all taxable
14    property of each Organizational Unit as of September 30 of
15    the previous year in accordance with paragraph (3) of this
16    subsection (d). The State Superintendent shall then
17    determine the Adjusted EAV of each Organizational Unit in
18    accordance with paragraph (4) of this subsection (d), which
19    Adjusted EAV figure shall be used for the purposes of
20    calculating Local Capacity.
21        (3) To calculate Real Receipts and EAV, the Department
22    of Revenue shall supply to the State Superintendent the
23    value as equalized or assessed by the Department of Revenue
24    of all taxable property of every Organizational Unit,
25    together with (i) the applicable tax rate used in extending
26    taxes for the funds of the Organizational Unit as of

 

 

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1    September 30 of the previous year and (ii) the limiting
2    rate for all Organizational Units subject to property tax
3    extension limitations as imposed under PTELL.
4            (A) The Department of Revenue shall add to the
5        equalized assessed value of all taxable property of
6        each Organizational Unit situated entirely or
7        partially within a county that is or was subject to the
8        provisions of Section 15-176 or 15-177 of the Property
9        Tax Code (i) an amount equal to the total amount by
10        which the homestead exemption allowed under Section
11        15-176 or 15-177 of the Property Tax Code for real
12        property situated in that Organizational Unit exceeds
13        the total amount that would have been allowed in that
14        Organizational Unit if the maximum reduction under
15        Section 15-176 was (I) $4,500 in Cook County or $3,500
16        in all other counties in tax year 2003 or (II) $5,000
17        in all counties in tax year 2004 and thereafter and
18        (ii) an amount equal to the aggregate amount for the
19        taxable year of all additional exemptions under
20        Section 15-175 of the Property Tax Code for owners with
21        a household income of $30,000 or less. The county clerk
22        of any county that is or was subject to the provisions
23        of Section 15-176 or 15-177 of the Property Tax Code
24        shall annually calculate and certify to the Department
25        of Revenue for each Organizational Unit all homestead
26        exemption amounts under Section 15-176 or 15-177 of the

 

 

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1        Property Tax Code and all amounts of additional
2        exemptions under Section 15-175 of the Property Tax
3        Code for owners with a household income of $30,000 or
4        less. It is the intent of this subparagraph (A) that if
5        the general homestead exemption for a parcel of
6        property is determined under Section 15-176 or 15-177
7        of the Property Tax Code rather than Section 15-175,
8        then the calculation of EAV shall not be affected by
9        the difference, if any, between the amount of the
10        general homestead exemption allowed for that parcel of
11        property under Section 15-176 or 15-177 of the Property
12        Tax Code and the amount that would have been allowed
13        had the general homestead exemption for that parcel of
14        property been determined under Section 15-175 of the
15        Property Tax Code. It is further the intent of this
16        subparagraph (A) that if additional exemptions are
17        allowed under Section 15-175 of the Property Tax Code
18        for owners with a household income of less than
19        $30,000, then the calculation of EAV shall not be
20        affected by the difference, if any, because of those
21        additional exemptions.
22            (B) With respect to any part of an Organizational
23        Unit within a redevelopment project area in respect to
24        which a municipality has adopted tax increment
25        allocation financing pursuant to the Tax Increment
26        Allocation Redevelopment Act, Division 74.4 of Article

 

 

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1        11 of the Illinois Municipal Code, or the Industrial
2        Jobs Recovery Law, Division 74.6 of Article 11 of the
3        Illinois Municipal Code, no part of the current EAV of
4        real property located in any such project area that is
5        attributable to an increase above the total initial EAV
6        of such property shall be used as part of the EAV of
7        the Organizational Unit, until such time as all
8        redevelopment project costs have been paid, as
9        provided in Section 11-74.4-8 of the Tax Increment
10        Allocation Redevelopment Act or in Section 11-74.6-35
11        of the Industrial Jobs Recovery Law. For the purpose of
12        the EAV of the Organizational Unit, the total initial
13        EAV or the current EAV, whichever is lower, shall be
14        used until such time as all redevelopment project costs
15        have been paid.
16            (B-5) The real property equalized assessed
17        valuation for a school district shall be adjusted by
18        subtracting from the real property value, as equalized
19        or assessed by the Department of Revenue, for the
20        district an amount computed by dividing the amount of
21        any abatement of taxes under Section 18-170 of the
22        Property Tax Code by 3.00% for a district maintaining
23        grades kindergarten through 12, by 2.30% for a district
24        maintaining grades kindergarten through 8, or by 1.05%
25        for a district maintaining grades 9 through 12 and
26        adjusted by an amount computed by dividing the amount

 

 

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1        of any abatement of taxes under subsection (a) of
2        Section 18-165 of the Property Tax Code by the same
3        percentage rates for district type as specified in this
4        subparagraph (B-5).
5            (C) For Organizational Units that are Hybrid
6        Districts, the State Superintendent shall use the
7        lesser of the adjusted equalized assessed valuation
8        for property within the partial elementary unit
9        district for elementary purposes, as defined in
10        Article 11E of this Code, or the adjusted equalized
11        assessed valuation for property within the partial
12        elementary unit district for high school purposes, as
13        defined in Article 11E of this Code.
14        (4) An Organizational Unit's Adjusted EAV shall be the
15    average of its EAV over the immediately preceding 3 years
16    or its EAV in the immediately preceding year if the EAV in
17    the immediately preceding year has declined by 10% or more
18    compared to the 3-year average. In the event of
19    Organizational Unit reorganization, consolidation, or
20    annexation, the Organizational Unit's Adjusted EAV for the
21    first 3 years after such change shall be as follows: the
22    most current EAV shall be used in the first year, the
23    average of a 2-year EAV or its EAV in the immediately
24    preceding year if the EAV declines by 10% or more compared
25    to the 2-year average for the second year, and a 3-year
26    average EAV or its EAV in the immediately preceding year if

 

 

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1    the Adjusted EAV declines by 10% or more compared to the
2    3-year average for the third year. For any school district
3    whose EAV in the immediately preceding year is used in
4    calculations, in the following year, the Adjusted EAV shall
5    be the average of its EAV over the immediately preceding 2
6    years or the immediately preceding year if that year
7    represents a decline of 10% or more compared to the 2-year
8    average.
9        "PTELL EAV" means a figure calculated by the State
10    Board for Organizational Units subject to PTELL as
11    described in this paragraph (4) for the purposes of
12    calculating an Organizational Unit's Local Capacity Ratio.
13    Except as otherwise provided in this paragraph (4), the
14    PTELL EAV of an Organizational Unit shall be equal to the
15    product of the equalized assessed valuation last used in
16    the calculation of general State aid under Section 18-8.05
17    of this Code (now repealed) or Evidence-Based Funding under
18    this Section and the Organizational Unit's Extension
19    Limitation Ratio. If an Organizational Unit has approved or
20    does approve an increase in its limiting rate, pursuant to
21    Section 18-190 of the Property Tax Code, affecting the Base
22    Tax Year, the PTELL EAV shall be equal to the product of
23    the equalized assessed valuation last used in the
24    calculation of general State aid under Section 18-8.05 of
25    this Code (now repealed) or Evidence-Based Funding under
26    this Section multiplied by an amount equal to one plus the

 

 

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1    percentage increase, if any, in the Consumer Price Index
2    for All Urban Consumers for all items published by the
3    United States Department of Labor for the 12-month calendar
4    year preceding the Base Tax Year, plus the equalized
5    assessed valuation of new property, annexed property, and
6    recovered tax increment value and minus the equalized
7    assessed valuation of disconnected property.
8        As used in this paragraph (4), "new property" and
9    "recovered tax increment value" shall have the meanings set
10    forth in the Property Tax Extension Limitation Law.
11    (e) Base Funding Minimum calculation.
12        (1) For the 2017-2018 school year, the Base Funding
13    Minimum of an Organizational Unit or a Specially Funded
14    Unit shall be the amount of State funds distributed to the
15    Organizational Unit or Specially Funded Unit during the
16    2016-2017 school year prior to any adjustments and
17    specified appropriation amounts described in this
18    paragraph (1) from the following Sections, as calculated by
19    the State Superintendent: Section 18-8.05 of this Code (now
20    repealed); Section 5 of Article 224 of Public Act 99-524
21    (equity grants); Section 14-7.02b of this Code (funding for
22    children requiring special education services); Section
23    14-13.01 of this Code (special education facilities and
24    staffing), except for reimbursement of the cost of
25    transportation pursuant to Section 14-13.01; Section
26    14C-12 of this Code (English learners); and Section 18-4.3

 

 

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1    of this Code (summer school), based on an appropriation
2    level of $13,121,600. For a school district organized under
3    Article 34 of this Code, the Base Funding Minimum also
4    includes (i) the funds allocated to the school district
5    pursuant to Section 1D-1 of this Code attributable to
6    funding programs authorized by the Sections of this Code
7    listed in the preceding sentence and (ii) the difference
8    between (I) the funds allocated to the school district
9    pursuant to Section 1D-1 of this Code attributable to the
10    funding programs authorized by Section 14-7.02 (non-public
11    special education reimbursement), subsection (b) of
12    Section 14-13.01 (special education transportation),
13    Section 29-5 (transportation), Section 2-3.80
14    (agricultural education), Section 2-3.66 (truants'
15    alternative education), Section 2-3.62 (educational
16    service centers), and Section 14-7.03 (special education -
17    orphanage) of this Code and Section 15 of the Childhood
18    Hunger Relief Act (free breakfast program) and (II) the
19    school district's actual expenditures for its non-public
20    special education, special education transportation,
21    transportation programs, agricultural education, truants'
22    alternative education, services that would otherwise be
23    performed by a regional office of education, special
24    education orphanage expenditures, and free breakfast, as
25    most recently calculated and reported pursuant to
26    subsection (f) of Section 1D-1 of this Code. The Base

 

 

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1    Funding Minimum for Glenwood Academy shall be $625,500. For
2    programs operated by a regional office of education or an
3    intermediate service center, the Base Funding Minimum must
4    be the total amount of State funds allocated to those
5    programs in the 2018-2019 school year and amounts provided
6    pursuant to Article 34 of Public Act 100-586 and Section
7    3-16 of this Code. All programs established after June 5,
8    2019 (the effective date of Public Act 101-10) and
9    administered by a regional office of education or an
10    intermediate service center must have an initial Base
11    Funding Minimum set to an amount equal to the first-year
12    ASE multiplied by the amount of per pupil funding received
13    in the previous school year by the lowest funded similar
14    existing program type. If the enrollment for a program
15    operated by a regional office of education or an
16    intermediate service center is zero, then it may not
17    receive Base Funding Minimum funds for that program in the
18    next fiscal year, and those funds must be distributed to
19    Organizational Units under subsection (g).
20        (2) For the 2018-2019 and subsequent school years, the
21    Base Funding Minimum of Organizational Units and Specially
22    Funded Units shall be the sum of (i) the amount of
23    Evidence-Based Funding for the prior school year, (ii) the
24    Base Funding Minimum for the prior school year, and (iii)
25    any amount received by a school district pursuant to
26    Section 7 of Article 97 of Public Act 100-21.

 

 

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1        (3) Subject to approval by the General Assembly as
2    provided in this paragraph (3), an Organizational Unit that
3    meets all of the following criteria, as determined by the
4    State Board, shall have District Intervention Money added
5    to its Base Funding Minimum at the time the Base Funding
6    Minimum is calculated by the State Board:
7            (A) The Organizational Unit is operating under an
8        Independent Authority under Section 2-3.25f-5 of this
9        Code for a minimum of 4 school years or is subject to
10        the control of the State Board pursuant to a court
11        order for a minimum of 4 school years.
12            (B) The Organizational Unit was designated as a
13        Tier 1 or Tier 2 Organizational Unit in the previous
14        school year under paragraph (3) of subsection (g) of
15        this Section.
16            (C) The Organizational Unit demonstrates
17        sustainability through a 5-year financial and
18        strategic plan.
19            (D) The Organizational Unit has made sufficient
20        progress and achieved sufficient stability in the
21        areas of governance, academic growth, and finances.
22        As part of its determination under this paragraph (3),
23    the State Board may consider the Organizational Unit's
24    summative designation, any accreditations of the
25    Organizational Unit, or the Organizational Unit's
26    financial profile, as calculated by the State Board.

 

 

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1        If the State Board determines that an Organizational
2    Unit has met the criteria set forth in this paragraph (3),
3    it must submit a report to the General Assembly, no later
4    than January 2 of the fiscal year in which the State Board
5    makes it determination, on the amount of District
6    Intervention Money to add to the Organizational Unit's Base
7    Funding Minimum. The General Assembly must review the State
8    Board's report and may approve or disapprove, by joint
9    resolution, the addition of District Intervention Money.
10    If the General Assembly fails to act on the report within
11    40 calendar days from the receipt of the report, the
12    addition of District Intervention Money is deemed
13    approved. If the General Assembly approves the amount of
14    District Intervention Money to be added to the
15    Organizational Unit's Base Funding Minimum, the District
16    Intervention Money must be added to the Base Funding
17    Minimum annually thereafter.
18        For the first 4 years following the initial year that
19    the State Board determines that an Organizational Unit has
20    met the criteria set forth in this paragraph (3) and has
21    received funding under this Section, the Organizational
22    Unit must annually submit to the State Board, on or before
23    November 30, a progress report regarding its financial and
24    strategic plan under subparagraph (C) of this paragraph
25    (3). The plan shall include the financial data from the
26    past 4 annual financial reports or financial audits that

 

 

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1    must be presented to the State Board by November 15 of each
2    year and the approved budget financial data for the current
3    year. The plan shall be developed according to the
4    guidelines presented to the Organizational Unit by the
5    State Board. The plan shall further include financial
6    projections for the next 3 fiscal years and include a
7    discussion and financial summary of the Organizational
8    Unit's facility needs. If the Organizational Unit does not
9    demonstrate sufficient progress toward its 5-year plan or
10    if it has failed to file an annual financial report, an
11    annual budget, a financial plan, a deficit reduction plan,
12    or other financial information as required by law, the
13    State Board may establish a Financial Oversight Panel under
14    Article 1H of this Code. However, if the Organizational
15    Unit already has a Financial Oversight Panel, the State
16    Board may extend the duration of the Panel.
17    (f) Percent of Adequacy and Final Resources calculation.
18        (1) The Evidence-Based Funding formula establishes a
19    Percent of Adequacy for each Organizational Unit in order
20    to place such units into tiers for the purposes of the
21    funding distribution system described in subsection (g) of
22    this Section. Initially, an Organizational Unit's
23    Preliminary Resources and Preliminary Percent of Adequacy
24    are calculated pursuant to paragraph (2) of this subsection
25    (f). Then, an Organizational Unit's Final Resources and
26    Final Percent of Adequacy are calculated to account for the

 

 

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1    Organizational Unit's poverty concentration levels
2    pursuant to paragraphs (3) and (4) of this subsection (f).
3        (2) An Organizational Unit's Preliminary Resources are
4    equal to the sum of its Local Capacity Target, CPPRT, and
5    Base Funding Minimum. An Organizational Unit's Preliminary
6    Percent of Adequacy is the lesser of (i) its Preliminary
7    Resources divided by its Adequacy Target or (ii) 100%.
8        (3) Except for Specially Funded Units, an
9    Organizational Unit's Final Resources are equal to the sum
10    of its Local Capacity, CPPRT, and Adjusted Base Funding
11    Minimum. The Base Funding Minimum of each Specially Funded
12    Unit shall serve as its Final Resources, except that the
13    Base Funding Minimum for State-approved charter schools
14    shall not include any portion of general State aid
15    allocated in the prior year based on the per capita tuition
16    charge times the charter school enrollment.
17        (4) An Organizational Unit's Final Percent of Adequacy
18    is its Final Resources divided by its Adequacy Target. An
19    Organizational Unit's Adjusted Base Funding Minimum is
20    equal to its Base Funding Minimum less its Supplemental
21    Grant Funding, with the resulting figure added to the
22    product of its Supplemental Grant Funding and Preliminary
23    Percent of Adequacy.
24    (g) Evidence-Based Funding formula distribution system.
25        (1) In each school year under the Evidence-Based
26    Funding formula, each Organizational Unit receives funding

 

 

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1    equal to the sum of its Base Funding Minimum and the unit's
2    allocation of New State Funds determined pursuant to this
3    subsection (g). To allocate New State Funds, the
4    Evidence-Based Funding formula distribution system first
5    places all Organizational Units into one of 4 tiers in
6    accordance with paragraph (3) of this subsection (g), based
7    on the Organizational Unit's Final Percent of Adequacy. New
8    State Funds are allocated to each of the 4 tiers as
9    follows: Tier 1 Aggregate Funding equals 50% of all New
10    State Funds, Tier 2 Aggregate Funding equals 49% of all New
11    State Funds, Tier 3 Aggregate Funding equals 0.9% of all
12    New State Funds, and Tier 4 Aggregate Funding equals 0.1%
13    of all New State Funds. Each Organizational Unit within
14    Tier 1 or Tier 2 receives an allocation of New State Funds
15    equal to its tier Funding Gap, as defined in the following
16    sentence, multiplied by the tier's Allocation Rate
17    determined pursuant to paragraph (4) of this subsection
18    (g). For Tier 1, an Organizational Unit's Funding Gap
19    equals the tier's Target Ratio, as specified in paragraph
20    (5) of this subsection (g), multiplied by the
21    Organizational Unit's Adequacy Target, with the resulting
22    amount reduced by the Organizational Unit's Final
23    Resources. For Tier 2, an Organizational Unit's Funding Gap
24    equals the tier's Target Ratio, as described in paragraph
25    (5) of this subsection (g), multiplied by the
26    Organizational Unit's Adequacy Target, with the resulting

 

 

10100HB2170sam002- 134 -LRB101 07409 CMG 74701 a

1    amount reduced by the Organizational Unit's Final
2    Resources and its Tier 1 funding allocation. To determine
3    the Organizational Unit's Funding Gap, the resulting
4    amount is then multiplied by a factor equal to one minus
5    the Organizational Unit's Local Capacity Target
6    percentage. Each Organizational Unit within Tier 3 or Tier
7    4 receives an allocation of New State Funds equal to the
8    product of its Adequacy Target and the tier's Allocation
9    Rate, as specified in paragraph (4) of this subsection (g).
10        (2) To ensure equitable distribution of dollars for all
11    Tier 2 Organizational Units, no Tier 2 Organizational Unit
12    shall receive fewer dollars per ASE than any Tier 3
13    Organizational Unit. Each Tier 2 and Tier 3 Organizational
14    Unit shall have its funding allocation divided by its ASE.
15    Any Tier 2 Organizational Unit with a funding allocation
16    per ASE below the greatest Tier 3 allocation per ASE shall
17    get a funding allocation equal to the greatest Tier 3
18    funding allocation per ASE multiplied by the
19    Organizational Unit's ASE. Each Tier 2 Organizational
20    Unit's Tier 2 funding allocation shall be multiplied by the
21    percentage calculated by dividing the original Tier 2
22    Aggregate Funding by the sum of all Tier 2 Organizational
23    Units' Tier 2 funding allocation after adjusting
24    districts' funding below Tier 3 levels.
25        (3) Organizational Units are placed into one of 4 tiers
26    as follows:

 

 

10100HB2170sam002- 135 -LRB101 07409 CMG 74701 a

1            (A) Tier 1 consists of all Organizational Units,
2        except for Specially Funded Units, with a Percent of
3        Adequacy less than the Tier 1 Target Ratio. The Tier 1
4        Target Ratio is the ratio level that allows for Tier 1
5        Aggregate Funding to be distributed, with the Tier 1
6        Allocation Rate determined pursuant to paragraph (4)
7        of this subsection (g).
8            (B) Tier 2 consists of all Tier 1 Units and all
9        other Organizational Units, except for Specially
10        Funded Units, with a Percent of Adequacy of less than
11        0.90.
12            (C) Tier 3 consists of all Organizational Units,
13        except for Specially Funded Units, with a Percent of
14        Adequacy of at least 0.90 and less than 1.0.
15            (D) Tier 4 consists of all Organizational Units
16        with a Percent of Adequacy of at least 1.0.
17        (4) The Allocation Rates for Tiers 1 through 4 are
18    determined as follows:
19            (A) The Tier 1 Allocation Rate is 30%.
20            (B) The Tier 2 Allocation Rate is the result of the
21        following equation: Tier 2 Aggregate Funding, divided
22        by the sum of the Funding Gaps for all Tier 2
23        Organizational Units, unless the result of such
24        equation is higher than 1.0. If the result of such
25        equation is higher than 1.0, then the Tier 2 Allocation
26        Rate is 1.0.

 

 

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1            (C) The Tier 3 Allocation Rate is the result of the
2        following equation: Tier 3 Aggregate Funding, divided
3        by the sum of the Adequacy Targets of all Tier 3
4        Organizational Units.
5            (D) The Tier 4 Allocation Rate is the result of the
6        following equation: Tier 4 Aggregate Funding, divided
7        by the sum of the Adequacy Targets of all Tier 4
8        Organizational Units.
9        (5) A tier's Target Ratio is determined as follows:
10            (A) The Tier 1 Target Ratio is the ratio level that
11        allows for Tier 1 Aggregate Funding to be distributed
12        with the Tier 1 Allocation Rate.
13            (B) The Tier 2 Target Ratio is 0.90.
14            (C) The Tier 3 Target Ratio is 1.0.
15        (6) If, at any point, the Tier 1 Target Ratio is
16    greater than 90%, then than all Tier 1 funding shall be
17    allocated to Tier 2 and no Tier 1 Organizational Unit's
18    funding may be identified.
19        (7) In the event that all Tier 2 Organizational Units
20    receive funding at the Tier 2 Target Ratio level, any
21    remaining New State Funds shall be allocated to Tier 3 and
22    Tier 4 Organizational Units.
23        (8) If any Specially Funded Units, excluding Glenwood
24    Academy, recognized by the State Board do not qualify for
25    direct funding following the implementation of Public Act
26    100-465 from any of the funding sources included within the

 

 

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1    definition of Base Funding Minimum, the unqualified
2    portion of the Base Funding Minimum shall be transferred to
3    one or more appropriate Organizational Units as determined
4    by the State Superintendent based on the prior year ASE of
5    the Organizational Units.
6        (8.5) If a school district withdraws from a special
7    education cooperative, the portion of the Base Funding
8    Minimum that is attributable to the school district may be
9    redistributed to the school district upon withdrawal. The
10    school district and the cooperative must include the amount
11    of the Base Funding Minimum that is to be reapportioned in
12    their withdrawal agreement and notify the State Board of
13    the change with a copy of the agreement upon withdrawal.
14        (9) The Minimum Funding Level is intended to establish
15    a target for State funding that will keep pace with
16    inflation and continue to advance equity through the
17    Evidence-Based Funding formula. The target for State
18    funding of New Property Tax Relief Pool Funds is
19    $50,000,000 for State fiscal year 2019 and subsequent State
20    fiscal years. The Minimum Funding Level is equal to
21    $350,000,000. In addition to any New State Funds, no more
22    than $50,000,000 New Property Tax Relief Pool Funds may be
23    counted toward the Minimum Funding Level. If the sum of New
24    State Funds and applicable New Property Tax Relief Pool
25    Funds are less than the Minimum Funding Level, than funding
26    for tiers shall be reduced in the following manner:

 

 

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1            (A) First, Tier 4 funding shall be reduced by an
2        amount equal to the difference between the Minimum
3        Funding Level and New State Funds until such time as
4        Tier 4 funding is exhausted.
5            (B) Next, Tier 3 funding shall be reduced by an
6        amount equal to the difference between the Minimum
7        Funding Level and New State Funds and the reduction in
8        Tier 4 funding until such time as Tier 3 funding is
9        exhausted.
10            (C) Next, Tier 2 funding shall be reduced by an
11        amount equal to the difference between the Minimum
12        Funding Level and New State Funds and the reduction in
13        Tier 4 and Tier 3.
14            (D) Finally, Tier 1 funding shall be reduced by an
15        amount equal to the difference between the Minimum
16        Funding level and New State Funds and the reduction in
17        Tier 2, 3, and 4 funding. In addition, the Allocation
18        Rate for Tier 1 shall be reduced to a percentage equal
19        to the Tier 1 Allocation Rate set by paragraph (4) of
20        this subsection (g), multiplied by the result of New
21        State Funds divided by the Minimum Funding Level.
22        (9.5) For State fiscal year 2019 and subsequent State
23    fiscal years, if New State Funds exceed $300,000,000, then
24    any amount in excess of $300,000,000 shall be dedicated for
25    purposes of Section 2-3.170 of this Code up to a maximum of
26    $50,000,000.

 

 

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1        (10) In the event of a decrease in the amount of the
2    appropriation for this Section in any fiscal year after
3    implementation of this Section, the Organizational Units
4    receiving Tier 1 and Tier 2 funding, as determined under
5    paragraph (3) of this subsection (g), shall be held
6    harmless by establishing a Base Funding Guarantee equal to
7    the per pupil kindergarten through grade 12 funding
8    received in accordance with this Section in the prior
9    fiscal year. Reductions shall be made to the Base Funding
10    Minimum of Organizational Units in Tier 3 and Tier 4 on a
11    per pupil basis equivalent to the total number of the ASE
12    in Tier 3-funded and Tier 4-funded Organizational Units
13    divided by the total reduction in State funding. The Base
14    Funding Minimum as reduced shall continue to be applied to
15    Tier 3 and Tier 4 Organizational Units and adjusted by the
16    relative formula when increases in appropriations for this
17    Section resume. In no event may State funding reductions to
18    Organizational Units in Tier 3 or Tier 4 exceed an amount
19    that would be less than the Base Funding Minimum
20    established in the first year of implementation of this
21    Section. If additional reductions are required, all school
22    districts shall receive a reduction by a per pupil amount
23    equal to the aggregate additional appropriation reduction
24    divided by the total ASE of all Organizational Units.
25        (11) The State Superintendent shall make minor
26    adjustments to the distribution formula set forth in this

 

 

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1    subsection (g) to account for the rounding of percentages
2    to the nearest tenth of a percentage and dollar amounts to
3    the nearest whole dollar.
4    (h) State Superintendent administration of funding and
5district submission requirements.
6        (1) The State Superintendent shall, in accordance with
7    appropriations made by the General Assembly, meet the
8    funding obligations created under this Section.
9        (2) The State Superintendent shall calculate the
10    Adequacy Target for each Organizational Unit and Net State
11    Contribution Target for each Organizational Unit under
12    this Section. No Evidence-Based Funding shall be
13    distributed within an Organizational Unit without the
14    approval of the unit's school board.
15        (3) Annually, the State Superintendent shall calculate
16    and report to each Organizational Unit the unit's aggregate
17    financial adequacy amount, which shall be the sum of the
18    Adequacy Target for each Organizational Unit. The State
19    Superintendent shall calculate and report separately for
20    each Organizational Unit the unit's total State funds
21    allocated for its students with disabilities. The State
22    Superintendent shall calculate and report separately for
23    each Organizational Unit the amount of funding and
24    applicable FTE calculated for each Essential Element of the
25    unit's Adequacy Target.
26        (4) Annually, the State Superintendent shall calculate

 

 

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1    and report to each Organizational Unit the amount the unit
2    must expend on special education and bilingual education
3    and computer technology and equipment for Organizational
4    Units assigned to Tier 1 or Tier 2 that received an
5    additional $285.50 per student computer technology and
6    equipment investment grant to their Adequacy Target
7    pursuant to the unit's Base Funding Minimum, Special
8    Education Allocation, Bilingual Education Allocation, and
9    computer technology and equipment investment allocation.
10        (5) Moneys distributed under this Section shall be
11    calculated on a school year basis, but paid on a fiscal
12    year basis, with payments beginning in August and extending
13    through June. Unless otherwise provided, the moneys
14    appropriated for each fiscal year shall be distributed in
15    22 equal payments at least 2 times monthly to each
16    Organizational Unit. If moneys appropriated for any fiscal
17    year are distributed other than monthly, the distribution
18    shall be on the same basis for each Organizational Unit.
19        (6) Any school district that fails, for any given
20    school year, to maintain school as required by law or to
21    maintain a recognized school is not eligible to receive
22    Evidence-Based Funding. In case of non-recognition of one
23    or more attendance centers in a school district otherwise
24    operating recognized schools, the claim of the district
25    shall be reduced in the proportion that the enrollment in
26    the attendance center or centers bears to the enrollment of

 

 

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1    the school district. "Recognized school" means any public
2    school that meets the standards for recognition by the
3    State Board. A school district or attendance center not
4    having recognition status at the end of a school term is
5    entitled to receive State aid payments due upon a legal
6    claim that was filed while it was recognized.
7        (7) School district claims filed under this Section are
8    subject to Sections 18-9 and 18-12 of this Code, except as
9    otherwise provided in this Section.
10        (8) Each fiscal year, the State Superintendent shall
11    calculate for each Organizational Unit an amount of its
12    Base Funding Minimum and Evidence-Based Funding that shall
13    be deemed attributable to the provision of special
14    educational facilities and services, as defined in Section
15    14-1.08 of this Code, in a manner that ensures compliance
16    with maintenance of State financial support requirements
17    under the federal Individuals with Disabilities Education
18    Act. An Organizational Unit must use such funds only for
19    the provision of special educational facilities and
20    services, as defined in Section 14-1.08 of this Code, and
21    must comply with any expenditure verification procedures
22    adopted by the State Board.
23        (9) All Organizational Units in this State must submit
24    annual spending plans by the end of September of each year
25    to the State Board as part of the annual budget process,
26    which shall describe how each Organizational Unit will

 

 

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1    utilize the Base Funding Minimum and Evidence-Based
2    Funding it receives from this State under this Section with
3    specific identification of the intended utilization of
4    Low-Income, English learner, and special education
5    resources. Additionally, the annual spending plans of each
6    Organizational Unit shall describe how the Organizational
7    Unit expects to achieve student growth and how the
8    Organizational Unit will achieve State education goals, as
9    defined by the State Board. The State Superintendent may,
10    from time to time, identify additional requisites for
11    Organizational Units to satisfy when compiling the annual
12    spending plans required under this subsection (h). The
13    format and scope of annual spending plans shall be
14    developed by the State Superintendent and the State Board
15    of Education. School districts that serve students under
16    Article 14C of this Code shall continue to submit
17    information as required under Section 14C-12 of this Code.
18        (10) No later than January 1, 2018, the State
19    Superintendent shall develop a 5-year strategic plan for
20    all Organizational Units to help in planning for adequacy
21    funding under this Section. The State Superintendent shall
22    submit the plan to the Governor and the General Assembly,
23    as provided in Section 3.1 of the General Assembly
24    Organization Act. The plan shall include recommendations
25    for:
26            (A) a framework for collaborative, professional,

 

 

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1        innovative, and 21st century learning environments
2        using the Evidence-Based Funding model;
3            (B) ways to prepare and support this State's
4        educators for successful instructional careers;
5            (C) application and enhancement of the current
6        financial accountability measures, the approved State
7        plan to comply with the federal Every Student Succeeds
8        Act, and the Illinois Balanced Accountability Measures
9        in relation to student growth and elements of the
10        Evidence-Based Funding model; and
11            (D) implementation of an effective school adequacy
12        funding system based on projected and recommended
13        funding levels from the General Assembly.
14        (11) On an annual basis, the State Superintendent must
15    recalibrate all of the following per pupil elements of the
16    Adequacy Target and applied to the formulas, based on the
17    study of average expenses and as reported in the most
18    recent annual financial report:
19            (A) Gifted under subparagraph (M) of paragraph (2)
20        of subsection (b).
21            (B) Instructional materials under subparagraph (O)
22        of paragraph (2) of subsection (b).
23            (C) Assessment under subparagraph (P) of paragraph
24        (2) of subsection (b).
25            (D) Student activities under subparagraph (R) of
26        paragraph (2) of subsection (b).

 

 

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1            (E) Maintenance and operations under subparagraph
2        (S) of paragraph (2) of subsection (b).
3            (F) Central office under subparagraph (T) of
4        paragraph (2) of subsection (b).
5    (i) Professional Review Panel.
6        (1) A Professional Review Panel is created to study and
7    review topics related to the implementation and effect of
8    Evidence-Based Funding, as assigned by a joint resolution
9    or Public Act of the General Assembly or a motion passed by
10    the State Board of Education. The Panel must provide
11    recommendations to and serve the Governor, the General
12    Assembly, and the State Board. The State Superintendent or
13    his or her designee must serve as a voting member and
14    chairperson of the Panel. The State Superintendent must
15    appoint a vice chairperson from the membership of the
16    Panel. The Panel must advance recommendations based on a
17    three-fifths majority vote of Panel members present and
18    voting. A minority opinion may also accompany any
19    recommendation of the Panel. The Panel shall be appointed
20    by the State Superintendent, except as otherwise provided
21    in paragraph (2) of this subsection (i) and include the
22    following members:
23            (A) Two appointees that represent district
24        superintendents, recommended by a statewide
25        organization that represents district superintendents.
26            (B) Two appointees that represent school boards,

 

 

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1        recommended by a statewide organization that
2        represents school boards.
3            (C) Two appointees from districts that represent
4        school business officials, recommended by a statewide
5        organization that represents school business
6        officials.
7            (D) Two appointees that represent school
8        principals, recommended by a statewide organization
9        that represents school principals.
10            (E) Two appointees that represent teachers,
11        recommended by a statewide organization that
12        represents teachers.
13            (F) Two appointees that represent teachers,
14        recommended by another statewide organization that
15        represents teachers.
16            (G) Two appointees that represent regional
17        superintendents of schools, recommended by
18        organizations that represent regional superintendents.
19            (H) Two independent experts selected solely by the
20        State Superintendent.
21            (I) Two independent experts recommended by public
22        universities in this State.
23            (J) One member recommended by a statewide
24        organization that represents parents.
25            (K) Two representatives recommended by collective
26        impact organizations that represent major metropolitan

 

 

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1        areas or geographic areas in Illinois.
2            (L) One member from a statewide organization
3        focused on research-based education policy to support
4        a school system that prepares all students for college,
5        a career, and democratic citizenship.
6            (M) One representative from a school district
7        organized under Article 34 of this Code.
8        The State Superintendent shall ensure that the
9    membership of the Panel includes representatives from
10    school districts and communities reflecting the
11    geographic, socio-economic, racial, and ethnic diversity
12    of this State. The State Superintendent shall additionally
13    ensure that the membership of the Panel includes
14    representatives with expertise in bilingual education and
15    special education. Staff from the State Board shall staff
16    the Panel.
17        (2) In addition to those Panel members appointed by the
18    State Superintendent, 4 members of the General Assembly
19    shall be appointed as follows: one member of the House of
20    Representatives appointed by the Speaker of the House of
21    Representatives, one member of the Senate appointed by the
22    President of the Senate, one member of the House of
23    Representatives appointed by the Minority Leader of the
24    House of Representatives, and one member of the Senate
25    appointed by the Minority Leader of the Senate. There shall
26    be one additional member appointed by the Governor. All

 

 

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1    members appointed by legislative leaders or the Governor
2    shall be non-voting, ex officio members.
3        (3) The Panel must study topics at the direction of the
4    General Assembly or State Board of Education, as provided
5    under paragraph (1). The Panel may also study the following
6    topics at the direction of the chairperson:
7            (A) The format and scope of annual spending plans
8        referenced in paragraph (9) of subsection (h) of this
9        Section.
10            (B) The Comparable Wage Index under this Section.
11            (C) Maintenance and operations, including capital
12        maintenance and construction costs.
13            (D) "At-risk student" definition.
14            (E) Benefits.
15            (F) Technology.
16            (G) Local Capacity Target.
17            (H) Funding for Alternative Schools, Laboratory
18        Schools, safe schools, and alternative learning
19        opportunities programs.
20            (I) Funding for college and career acceleration
21        strategies.
22            (J) Special education investments.
23            (K) Early childhood investments, in collaboration
24        with the Illinois Early Learning Council.
25        (4) (Blank).
26        (5) Within 5 years after the implementation of this

 

 

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1    Section, and every 5 years thereafter, the Panel shall
2    complete an evaluative study of the entire Evidence-Based
3    Funding model, including an assessment of whether or not
4    the formula is achieving State goals. The Panel shall
5    report to the State Board, the General Assembly, and the
6    Governor on the findings of the study.
7        (6) (Blank).
8        (7) To ensure that (i) the Adequacy Target calculation
9    under subsection (b) accurately reflects the needs of
10    students living in poverty or attending schools located in
11    areas of high poverty, (ii) racial equity within the
12    Evidence-Based Funding formula is explicitly explored and
13    advanced, and (iii) the funding goals of the formula
14    distribution system established under this Section are
15    sufficient to provide adequate funding for every student
16    and to fully fund every school in this State, the Panel
17    shall review the Essential Elements under paragraph (2) of
18    subsection (b). The Panel shall consider all of the
19    following in its review:
20            (A) The financial ability of school districts to
21        provide instruction in a foreign language to every
22        student and whether an additional Essential Element
23        should be added to the formula to ensure that every
24        student has access to instruction in a foreign
25        language.
26            (B) The adult-to-student ratio for each Essential

 

 

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1        Element in which a ratio is identified. The Panel shall
2        consider whether the ratio accurately reflects the
3        staffing needed to support students living in poverty
4        or who have traumatic backgrounds.
5            (C) Changes to the Essential Elements that may be
6        required to better promote racial equity and eliminate
7        structural racism within schools.
8            (D) The impact of investing $350,000,000 in
9        additional funds each year under this Section and an
10        estimate of when the school system will become fully
11        funded under this level of appropriation.
12            (E) Provide an overview of alternative funding
13        structures that would enable the State to become fully
14        funded at an earlier date.
15            (F) The potential to increase efficiency and to
16        find cost savings within the school system to expedite
17        the journey to a fully funded system.
18            (G) The appropriate levels for reenrolling and
19        graduating high-risk high school students who have
20        been previously out of school. These outcomes shall
21        include enrollment, attendance, skill gains, credit
22        gains, graduation or promotion to the next grade level,
23        and the transition to college, training, or
24        employment, with an emphasis on progressively
25        increasing the overall attendance.
26            (H) The evidence-based or research-based practices

 

 

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1        that are shown to reduce the gaps and disparities
2        experienced by African American students in academic
3        achievement and educational performance, including
4        practices that have been shown to reduce parities in
5        disciplinary rates, drop-out rates, graduation rates,
6        college matriculation rates, and college completion
7        rates.
8        On or before December 31, 2021, the Panel shall report
9    to the State Board, the General Assembly, and the Governor
10    on the findings of its review. This paragraph (7) is
11    inoperative on and after July 1, 2022.
12    (j) References. Beginning July 1, 2017, references in other
13laws to general State aid funds or calculations under Section
1418-8.05 of this Code (now repealed) shall be deemed to be
15references to evidence-based model formula funds or
16calculations under this Section.
17(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
18100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
196-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
 
20
Article 95.

 
21    Section 95-1. Short title. This Article may be cited as the
22Equity in Higher Education Act. References in this Article to
23"this Act" mean this Article.
 

 

 

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1    Section 95-5. Findings; policies.
2    (a) The General Assembly finds the following:
3        (1) Historic and continuous systemic racism has
4    created significant disparities in college access,
5    affordability, and completion for Black, Latinx,
6    low-income, and other underrepresented and historically
7    underserved students.
8        (2) Higher education is examining its role as a
9    contributor to systemic racism, while recognizing its
10    place in providing opportunity and upward mobility, and its
11    role as a powerful actor in dismantling systemic racism.
12        (3) Chicago State University has created the Equity
13    Working Group, which includes statewide representation of
14    private, community, and public sector stakeholders, to
15    create an action plan for employers, the secondary and
16    postsecondary education systems, philanthropic
17    organizations, community-based organizations, and our
18    executive and legislative bodies to improve college
19    access, completion, and post-graduation outcomes for Black
20    college students in Illinois.
21        (4) Despite similar numbers of Black high school
22    graduates, Illinois saw about 25,000 fewer Black enrollees
23    in Illinois higher education in 2018 compared to 2008.
24        (5) Illinois must address wide disparities in degree
25    completion at Illinois community colleges, which currently
26    graduate Black and Latinx students at a rate of 14% and 26%

 

 

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1    respectively compared to the rate of 38% for White
2    students, as well as at public universities, which
3    currently graduate Black and Latinx students at a rate of
4    34% and 49% respectively compared to 66% of White students,
5    within 6 years.
6        (6) The State of Illinois benefits from a diverse
7    public higher education system that includes universities
8    and community colleges with different missions and scopes
9    that maximize college enrollment, persistence, and
10    completion of underrepresented and historically
11    underserved students, including Black and Latinx students
12    and students from low-income families.
13        (7) Illinois has a moral obligation and an economic
14    interest in dismantling and reforming structures that
15    create or exacerbate racial and socioeconomic inequities
16    in K-12 and higher education.
17        (8) The Board of Higher Education has a statutory
18    obligation to create a strategic plan for higher education
19    and has adopted core principles to guide this plan.
20        (9) The Board of Higher Education has included among
21    its core principles designed to guide the strategic plan
22    the assumption that excellence coupled with equity should
23    drive the higher education system and that the higher
24    education system will make equity-driven decisions,
25    elevating the voices of those who have been underserved,
26    and actively identify and remove systemic barriers that

 

 

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1    have prevented students of color, first generation college
2    students, low-income students, adult learners, and rural
3    students from accessing and succeeding in higher
4    education; access and affordability as well as high quality
5    are embedded in the definition of equity.
6    (b) The General Assembly supports all of the following work
7and goals of the Board of Higher Education:
8        (1) Its work on the strategic plan for higher education
9    and the vision it has set forth that over the next 10 years
10    Illinois will have an equitable, accessible, innovative,
11    nimble, and aligned higher education ecosystem that
12    ensures individuals, families, and communities across the
13    state thrive.
14        (2) Its goal to close equity gaps in higher education
15    in Illinois and that the strategic plan will identify
16    multiple strategies to achieve this goal.
17        (3) Its goal to increase postsecondary
18    credential/degree attainment and develop talent to drive
19    the economy of Illinois and that the strategic plan will
20    identify strategies to achieve this goal, including
21    embedding equity in the State's attainment goal.
22        (4) Its goal to improve higher education
23    affordability, increase access, and manage costs and the
24    expectation that the strategic plan will identify
25    strategies for stakeholders to achieve these goals,
26    including opportunities to improve efficiency and

 

 

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1    principles for equitable and adequate ways to fund higher
2    education.
3    (c) The General Assembly encourages the Board of Higher
4Education to prepare an array of policy, practice, and proposed
5legislative changes required to implement the strategic plan,
6along with an implementation process and timeline by May 1,
72021 and to regularly evaluate the impact of the implementation
8of the strategic plan and publicly report the evaluation to
9ensure that the goals are achieved as intended and lead to a
10high-quality, equitable, and diverse higher education system
11in Illinois.
 
12
Article 100.

 
13    Section 100-1. Short title. This Act may be cited as the
14Developmental Education Reform Act. References in this Article
15to "this Act" mean this Article.
 
16    Section 100-5. Findings. The General Assembly makes all of
17the following findings:
18        (1) Nearly 50% of this State's high school graduates
19    who enroll full-time in a community college are placed in
20    developmental education coursework in at least one
21    subject. Community colleges place nearly 71% of Black
22    students in developmental education courses compared to
23    42% of white students.

 

 

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1        (2) Traditional developmental education courses cost
2    students' time and money and expend their financial aid
3    because a student does not receive college credit for the
4    successful completion of a traditional developmental
5    education course. This can be a barrier to enrollment,
6    persistence, and certificate or degree completion.
7        (3) Developmental education courses can exacerbate
8    inequities in higher education. Community colleges
9    graduate Black students who are placed in developmental
10    education courses at a rate of approximately 8% compared to
11    a graduation rate of 26% for white students who are placed
12    in developmental education courses.
13        (4) A history of inconsistent and inadequate
14    approaches to student placement in community college
15    coursework, such as the reliance on standardized test
16    scores, has resulted in too many students being placed in
17    developmental education coursework who could otherwise
18    succeed in introductory college-level coursework or
19    introductory college-level coursework with concurrent
20    support.
21        (5) Public institutions of higher education and State
22    agencies have undertaken voluntary efforts and committed
23    resources to improve placement and to address disparities
24    in the successful completion of introductory college-level
25    coursework.
26        (6) The Illinois Council of Community College

 

 

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1    Presidents, the Illinois Community College Chief Academic
2    Officers Commission, the Illinois Community College Chief
3    Student Services Officers Commission, and the Illinois
4    Mathematics Association of Community Colleges have already
5    developed and approved a more equitable, multiple measures
6    framework for placement in coursework that is currently
7    implemented at many but not all community colleges.
8        (7) In 2019, members of the General Assembly, faculty
9    and administrators from public institutions of higher
10    education, board trustees from community college
11    districts, representatives from the Board of Higher
12    Education, the Illinois Community College Board, and other
13    appointed stakeholders convened a task force to inventory
14    and study developmental education models employed by
15    public community colleges and universities in this State
16    and to submit a detailed plan for scaling developmental
17    education reforms in which all students who are placed in
18    developmental education coursework are enrolled in an
19    evidence-based developmental education model that
20    maximizes a student's likelihood of completing an
21    introductory college-level course within his or her first 2
22    semesters at an institution of higher education. The data
23    released by the task force indicates all of the following:
24            (A) Despite more effective developmental education
25        models, community colleges and universities use the
26        traditional developmental education model for 77% of

 

 

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1        students who place in a developmental education
2        mathematics course and for 67% of students who place in
3        a developmental English language course.
4            (B) Improved policies, programs, and practices are
5        essential to address the systemic inequities that
6        exist in postsecondary education in this State, such as
7        the disproportionate enrollment of Black students in
8        developmental education courses.
 
9    Section 100-10. Definitions. In this Act:
10    "College-level English language or mathematics course" or
11"college-level English language or mathematics coursework"
12means a course that bears credit and fulfills English language
13or mathematics credit requirements for a baccalaureate degree,
14a certificate, or an associate degree from a postsecondary
15educational institution.
16    "Community college" means a public community college in
17this State.
18    "Developmental education" means instruction through which
19a high school graduate who applies to a college credit program
20may attain the communication and computation skills necessary
21to successfully complete college-level coursework.
22    "Developmental education course" or "developmental
23education coursework" means a course or a category of courses
24in which students are placed based on an institution's finding
25that a student does not have the proficiency necessary to

 

 

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1succeed in an introductory college-level English language or
2mathematics course.
3    "Institution of higher education" or "institution" means a
4public community college or university in this State.
5    "University" means a public university in this State.
 
6    Section 100-15. Placement measures.
7    (a) On or before May 1, 2022, a community college shall use
8each of the following measures, as appropriate, to determine
9the placement of a student in introductory college-level
10English language or mathematics coursework and shall use the
11scores set forth in recommendations approved by the Illinois
12Council of Community College Presidents on June 1, 2018:
13        (1) A student's cumulative high school grade point
14    average.
15        (2) A student's successful completion of an
16    appropriate high school transition course in mathematics
17    or English.
18        (3) A student's successful completion of an
19    appropriate developmental education or introductory
20    college-level English language or mathematics course at
21    another regionally accredited postsecondary educational
22    institution.
23    (b) In determining the placement of a student in
24introductory college-level English language or mathematics
25coursework, a community college shall consider the

 

 

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1standardized test scores provided by the student for placement
2in an introductory college-level English language or
3mathematics course.
4    In addition, a community college is encouraged to use the
5scores set forth in recommendations approved by the Illinois
6Council of Community College Presidents on June 1, 2018 and
7should also consider other individual measures for placement in
8an introductory college-level English language or mathematics
9course, as set forth in recommendations approved by the
10Illinois Council of Community College Presidents on June 1,
112018, and the scores set forth in those recommendations.
12    In its discretion, a community college may accept a lower
13score on individual placement measures or accept lower scores
14in combination with other placement measures than those set
15forth in the recommendations.
16    (c) If a student qualifies for placement in an introductory
17college-level English language or mathematics course using a
18single measure under subsection (a) or (b), no additional
19measures need to be considered for placement of the student in
20the introductory college-level English language or mathematics
21course.
 
22    Section 100-20. Recommendations of Illinois Council of
23Community College Presidents recommendation revisions; math
24pathways.
25    (a) If the Illinois Council of Community College Presidents

 

 

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1approves any revised recommendations for determining the
2placement of students in introductory college-level English
3language or mathematics courses in response to changes in
4scoring systems, the introduction and use of additional
5measures, or evidence that demonstrates the inaccuracy in the
6use of scores in previous recommendations, then, within one
7year after the date of the adoption of those revised
8recommendations, references in this Act to recommendations
9approved by the Illinois Council of Community College
10Presidents on June 1, 2018 shall mean the revised
11recommendations. The General Assembly may request that the
12Illinois Council of Community College Presidents provide to the
13General Assembly the rationale and supporting evidence for any
14revision to the Council's recommendations.
15    (b) Beginning no later than December 1, 2021, the Illinois
16Board of Higher Education shall convene stakeholders to
17consider a multiple measures framework for placement into
18college-level coursework for Illinois public universities with
19considerations for math pathways and major requirements.
 
20    Section 100-25. Placement policy; report.
21    (a) Each institution of higher education shall publicly
22post its placement policy in a manner that is easily accessible
23to both students and prospective students.
24    (b) On or before July 1, 2023, the Illinois Community
25College Board shall issue a report, which shall be made

 

 

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1available to the public on its Internet website, concerning
2each community college's developmental education and
3college-level coursework placement policy and the policy's
4outcomes. The data disclosed in the report must be consistent
5with the Illinois Community College Board's requirements for
6data collection and must be disaggregated by developmental
7education course model, as defined by the Illinois Community
8College Board, and by gender, race and ethnicity, and federal
9Pell Grant status.
 
10    Section 100-30. Institutional plans; report.
11    (a) On or before May 1, 2022, each university shall submit
12to the Board of Higher Education and each community college
13shall submit to the Illinois Community College Board its
14institutional plan for scaling evidence-based developmental
15education reforms to maximize the probability that a student
16will be placed in and successfully complete introductory
17college-level English language or mathematics coursework
18within 2 semesters at the institution. At a minimum, a plan
19submitted by an institution shall include all of the following:
20        (1) A description of the current developmental
21    education models offered by the institution. If the
22    institution does not currently offer developmental
23    education coursework, it must provide details regarding
24    its decision not to offer developmental education
25    coursework and the pathways that are available to students

 

 

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1    deemed to be insufficiently prepared for introductory
2    college-level English language or mathematics coursework.
3        (2) A description of the developmental education
4    models that will be implemented and scaled and the basis of
5    the evidence and associated data that the institution
6    considered in making the decision to scale each model.
7        (3) Baseline data and benchmarks for progress,
8    including, but not limited to, (i) enrollment in
9    credit-bearing English language or mathematics courses,
10    (ii) rates of successful completion of introductory
11    college-level English language or mathematics courses, and
12    (iii) college-credit accumulation.
13        (4) Detailed plans for scaling reforms and improving
14    outcomes for all students placed in traditional
15    developmental education models or models with comparable
16    introductory college-level course completion rates. The
17    plan shall provide details about the expected improvements
18    in educational outcomes for Black students as result of the
19    proposed reforms.
20    (b) On or before January 1, 2023 and each year thereafter,
21the Board of Higher Education and Illinois Community College
22Board shall collect data and report to the General Assembly and
23the public the status of developmental education reforms at
24institutions. The report must include data on the progress of
25the developmental education reforms, including, but not
26limited to, (i) enrollment in credit-bearing English language

 

 

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1or mathematics courses, (ii) rates of successful completion of
2introductory college-level English language or mathematics
3courses, and (iii) college-credit accumulation. The data must
4be disaggregated by gender, race and ethnicity, federal Pell
5Grant status, and other variables of interest to the Board of
6Higher Education and the Illinois Community College Board.
7    (c) On or before January 1, 2024 and each year thereafter,
8the Board of Higher Education and Illinois Community College
9Board, in consultation with institutions of higher education
10and other stakeholders, shall consider additional data
11reporting requirements to facilitate the rigorous and
12continuous evaluation of each institution's implementation
13plan and its impact on improving outcomes for students in
14developmental education, particularly for Black students.
 
15    Section 100-90. Family Educational Rights and Privacy Act
16of 1974. Nothing in this Act supersedes the federal Family
17Educational Rights and Privacy Act of 1974 or rules adopted
18pursuant to the federal Family Educational Rights and Privacy
19Act of 1974.
 
20
Article 105.

 
21    Section 105-5. The Illinois Administrative Procedure Act
22is amended by adding Section 5-45.8 as follows:
 

 

 

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1    (5 ILCS 100/5-45.8 new)
2    Sec. 5-45.8. Emergency rulemaking. To provide for the
3expeditious and timely implementation of this amendatory Act of
4the 101st General Assembly, emergency rules implementing this
5amendatory Act of the 101st General Assembly may be adopted in
6accordance with Section 5-45 to implement this amendatory Act
7of the 101st General Assembly. The adoption of emergency rules
8authorized by Section 5-45 and this Section is deemed to be
9necessary for the public interest, safety, and welfare.
10    This Section is repealed on January 1, 2026.
 
11    Section 105-10. The Invest in Kids Act is amended by
12changing Sections 5, 10, 40, and 45 and by adding Section 7.5
13as follows:
 
14    (35 ILCS 40/5)
15    (Section scheduled to be repealed on January 1, 2024)
16    Sec. 5. Definitions. As used in this Act:
17    "Authorized contribution" means the contribution amount
18that is listed on the contribution authorization certificate
19issued to the taxpayer.
20    "Board" means the State Board of Education.
21    "Contribution" means a donation made by the taxpayer during
22the taxable year for providing scholarships as provided in this
23Act.
24    "Custodian" means, with respect to eligible students, an

 

 

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1Illinois resident who is a parent or legal guardian of the
2eligible student or students.
3    "Department" means the Department of Revenue.
4    "Eligible student" means a child who:
5        (1) is a member of a household whose federal adjusted
6    gross income the year before he or she initially receives a
7    scholarship under this program, as determined by the
8    Department, does not exceed 300% of the federal poverty
9    level and, once the child receives a scholarship, does not
10    exceed 400% of the federal poverty level;
11        (2) is eligible to attend a public elementary school or
12    high school in Illinois in the semester immediately
13    preceding the semester for which he or she first receives a
14    scholarship or is starting school in Illinois for the first
15    time when he or she first receives a scholarship; and
16        (3) resides in Illinois while receiving a scholarship.
17    "Family member" means a parent, child, or sibling, whether
18by whole blood, half blood, or adoption; spouse; or stepchild.
19    "Focus district" means a school district which has a school
20that is either (i) a school that has one or more subgroups in
21which the average student performance is at or below the State
22average for the lowest 10% of student performance in that
23subgroup or (ii) a school with an average graduation rate of
24less than 60% and not identified for priority.
25    "Jointly-administered CTE program" means a program or set
26of programs within a non-public school located in Illinois, as

 

 

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1determined by the Department of Labor pursuant to Section 7.5
2of this Act.
3    "Necessary costs and fees" includes the customary charge
4for instruction and use of facilities in general and the
5additional fixed fees charged for specified purposes that are
6required generally of non-scholarship recipients for each
7academic period for which the scholarship applicant actually
8enrolls, including costs associated with student assessments,
9but does not include fees payable only once and other
10contingent deposits that are refundable in whole or in part.
11The Board may prescribe, by rules consistent with this Act,
12detailed provisions concerning the computation of necessary
13costs and fees.
14    "Scholarship granting organization" means an entity that:
15        (1) is exempt from taxation under Section 501(c)(3) of
16    the Internal Revenue Code;
17        (2) uses at least 95% of the qualified contributions
18    received during a taxable year for scholarships;
19        (3) provides scholarships to students according to the
20    guidelines of this Act;
21        (4) deposits and holds qualified contributions and any
22    income derived from qualified contributions in an account
23    that is separate from the organization's operating fund or
24    other funds until such qualified contributions or income
25    are withdrawn for use; and
26        (5) is approved to issue certificates of receipt.

 

 

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1    "Qualified contribution" means the authorized contribution
2made by a taxpayer to a scholarship granting organization for
3which the taxpayer has received a certificate of receipt from
4such organization.
5    "Qualified school" means a non-public school located in
6Illinois and recognized by the Board pursuant to Section
72-3.25o of the School Code.
8    "Scholarship" means an educational scholarship awarded to
9an eligible student to attend a qualified school of their
10custodians' choice in an amount not exceeding the necessary
11costs and fees to attend that school.
12    "Taxpayer" means any individual, corporation, partnership,
13trust, or other entity subject to the Illinois income tax. For
14the purposes of this Act, 2 individuals filing a joint return
15shall be considered one taxpayer.
16    "Technical academy" means a non-public school located in
17Illinois that (i) registers with the Board pursuant to Section
182-3.25o of the School Code and (ii) operates or will operate a
19jointly-administered CTE program as the primary focus of the
20school. To maintain its status as a technical academy, the
21non-public school must obtain recognition from the Board
22pursuant to Section 2-3.25o of the School Code within 2
23calendar years of its registration with the Board.
24(Source: P.A. 100-465, eff. 8-31-17.)
 
25    (35 ILCS 40/7.5 new)

 

 

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1    Sec. 7.5. Determination of jointly-administered CTE
2programs.
3    (a) Upon its own motion, or petition from a qualified
4school or technical academy, the State Board of Education shall
5determine whether a program or set of programs offered or
6proposed by a qualified school or technical academy provides
7coursework and training in career and technical education
8pathways aligned to industry-recognized certifications and
9credentials. The State Board of Education shall make that
10determination based upon whether the industry-recognized
11certifications or credentials that are the focus of a qualified
12school or technical academy's coursework and training program
13or set of programs (i) are associated with an occupation
14determined to fall under the LEADING or EMERGING priority
15sectors as determined through Illinois' Workforce Innovation
16and Opportunity Act Unified State Plan, and (ii) provide wages
17that are at least 70% of the average annual wage in the State
18as determined by the United States Bureau of Labor Statistics.
19    The State Board of Education shall publish a list of
20approved jointly-administered programs on its website and
21otherwise make such list available to the public.
22    (b) A qualified school or technical academy may petition
23the State Board of Education to obtain a determination that a
24proposed program or set of programs that it seeks to offer
25qualifies as a jointly-administered CTE program under
26subsection (a) of this Section. A petitioner shall file one

 

 

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1original petition in the format provided by the State Board of
2Education and in the manner specified by the State Board of
3Education. The petitioner may withdraw his or her petition by
4submitting a written statement to the State Board of Education
5indicating withdrawal. The State Board of Education shall
6approve or deny a petition within 180 days of its submission,
7and, upon approval, shall proceed to add the program or set of
8programs to the list of approved jointly-administered CTE
9programs. The approval or denial of any petition is a final
10decision of the Department, subject to judicial review under
11the Administrative Review Law. Jurisdiction and venue are
12vested in the circuit court.
13    (c) The State Board of Education shall evaluate the
14approved jointly-administered CTE programs under this Section
15once every 5 years. At this time, the State Board of Education
16shall determine whether these programs continue to meet the
17requirements set forth in subsection (a) of this Section.
 
18    (35 ILCS 40/10)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 10. Credit awards.
21    (a) The Department shall award credits against the tax
22imposed under subsections (a) and (b) of Section 201 of the
23Illinois Income Tax Act to taxpayers who make qualified
24contributions. For contributions made under this Act, the
25credit shall be equal to 75% of the total amount of qualified

 

 

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1contributions made by the taxpayer during a taxable year, not
2to exceed a credit of $1,000,000 per taxpayer.
3    (b) The aggregate amount of all credits the Department may
4award under this Act in any calendar year may not exceed
5$75,000,000.
6    (c) Contributions made by corporations (including
7Subchapter S corporations), partnerships, and trusts under
8this Act may not be directed to a particular subset of schools
9or , a particular school, but may not be directed to a
10particular group of students, or a particular student.
11Contributions made by individuals under this Act may be
12directed to a particular subset of schools or a particular
13school but may not be directed to a particular group of
14students or a particular student.
15    (d) No credit shall be taken under this Act for any
16qualified contribution for which the taxpayer claims a federal
17income tax deduction.
18    (e) Credits shall be awarded in a manner, as determined by
19the Department, that is geographically proportionate to
20enrollment in recognized non-public schools in Illinois. If the
21cap on the aggregate credits that may be awarded by the
22Department is not reached by April 1 June 1 of a given year,
23the Department shall award remaining credits on a first-come,
24first-served basis, without regard to the limitation of this
25subsection.
26    (f) Credits awarded for donations made to a technical

 

 

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1academy shall be awarded without regard to subsection (e), but
2shall not exceed 15% of the annual statewide program cap. For
3the purposes of this subsection, "technical academy" means a
4technical academy that is registered with the Board within 30
5days after the effective date of this amendatory Act of the
6101st General Assembly.
7(Source: P.A. 100-465, eff. 8-31-17.)
 
8    (35 ILCS 40/40)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 40. Scholarship granting organization
11responsibilities.
12    (a) Before granting a scholarship for an academic year, all
13scholarship granting organizations shall assess and document
14each student's eligibility for the academic year.
15    (b) A scholarship granting organization shall grant
16scholarships only to eligible students.
17    (c) A scholarship granting organization shall allow an
18eligible student to attend any qualified school of the
19student's choosing, subject to the availability of funds.
20    (d) In granting scholarships, beginning in the 2022-2023
21school year and each school year thereafter, a scholarship
22granting organization shall give first priority to eligible
23students who received a scholarship from a scholarship granting
24organization during the previous school year. Second priority
25shall be given to the following priority groups:

 

 

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1        (1) (blank); eligible students who received a
2    scholarship from a scholarship granting organization
3    during the previous school year;
4        (2) eligible students who are members of a household
5    whose previous year's total annual income does not exceed
6    185% of the federal poverty level;
7        (3) eligible students who reside within a focus
8    district; and
9        (4) eligible students who are siblings of students
10    currently receiving a scholarship.
11    (d-5) A scholarship granting organization shall begin
12granting scholarships no later than February 1 preceding the
13school year for which the scholarship is sought. Each The
14priority group groups identified in subsection (d) of this
15Section shall be eligible to receive scholarships on a
16first-come, first-served basis until the April 1 immediately
17preceding the school year for which the scholarship is sought
18starting with the first priority group identified in subsection
19(d) of this Section. Applications for scholarships for eligible
20students meeting the qualifications of one or more priority
21groups that are received before April 1 must be either approved
22or denied within 10 business days after receipt. Beginning
23April 1, all eligible students shall be eligible to receive
24scholarships without regard to the priority groups identified
25in subsection (d) of this Section.
26    (e) Except as provided in subsection (e-5) of this Section,

 

 

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1scholarships shall not exceed the lesser of (i) the statewide
2average operational expense per student among public schools or
3(ii) the necessary costs and fees for attendance at the
4qualified school. Scholarships shall be prorated as follows:
5        (1) for eligible students whose household income is
6    less than 185% of the federal poverty level, the
7    scholarship shall be 100% of the amount determined pursuant
8    to this subsection (e) and subsection (e-5) of this
9    Section;
10        (2) for eligible students whose household income is
11    185% or more of the federal poverty level but less than
12    250% of the federal poverty level, the average of
13    scholarships shall be 75% of the amount determined pursuant
14    to this subsection (e) and subsection (e-5) of this
15    Section; and
16        (3) for eligible students whose household income is
17    250% or more of the federal poverty level, the average of
18    scholarships shall be 50% of the amount determined pursuant
19    to this subsection (e) and subsection (e-5) of this
20    Section.
21    (e-5) The statewide average operational expense per
22student among public schools shall be multiplied by the
23following factors:
24        (1) for students determined eligible to receive
25    services under the federal Individuals with Disabilities
26    Education Act, 2;

 

 

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1        (2) for students who are English learners, as defined
2    in subsection (d) of Section 14C-2 of the School Code, 1.2;
3    and
4        (3) for students who are gifted and talented children,
5    as defined in Section 14A-20 of the School Code, 1.1; and .
6        (4) for students enrolled in a jointly-administered
7    CTE program, 1.5.
8    (f) A scholarship granting organization shall distribute
9scholarship payments to the participating school where the
10student is enrolled.
11    (g) Beginning in For the 2018-2019 school year through the
122021-2022 school year, each scholarship granting organization
13shall expend no less than 75% of the qualified contributions
14received during the calendar year in which the qualified
15contributions were received. No more than 25% of the qualified
16contributions may be carried forward to the following calendar
17year.
18    (h) In determining compliance with subsection (g), a
19scholarship granting organization may exempt a portion of
20donations directed to a technical academy operating in the
21first two calendar years in which the school is eligible to
22receive donations. For purposes of determining compliance with
23subsection (g) the sum of exempted donations per technical
24academy shall not exceed $3,000,000 over the 2-calendar year
25period. Not more than one scholarship granting organization
26shall exempt a portion of directed donations per technical

 

 

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1academy. For the 2022-2023 school year, each scholarship
2granting organization shall expend all qualified contributions
3received during the calendar year in which the qualified
4contributions were received. No qualified contributions may be
5carried forward to the following calendar year.
6    (i) A scholarship granting organization shall allow an
7eligible student to transfer a scholarship during a school year
8to any other participating school of the custodian's choice.
9Such scholarships shall be prorated.
10    (j) With the prior approval of the Department, a
11scholarship granting organization may transfer funds to
12another scholarship granting organization if additional funds
13are required to meet scholarship demands at the receiving
14scholarship granting organization. All transferred funds must
15be deposited by the receiving scholarship granting
16organization into its scholarship accounts. All transferred
17amounts received by any scholarship granting organization must
18be separately disclosed to the Department.
19    (k) If the approval of a scholarship granting organization
20is revoked as provided in Section 20 of this Act or the
21scholarship granting organization is dissolved, all remaining
22qualified contributions of the scholarship granting
23organization shall be transferred to another scholarship
24granting organization. All transferred funds must be deposited
25by the receiving scholarship granting organization into its
26scholarship accounts.

 

 

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1    (l) Scholarship granting organizations shall make
2reasonable efforts to advertise the availability of
3scholarships to eligible students.
4(Source: P.A. 100-465, eff. 8-31-17.)
 
5    (35 ILCS 40/45)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 45. State Board responsibilities.
8    (a) Beginning in the 2019-2020 school year, students who
9have been granted a scholarship under this Act shall be
10annually assessed at the qualified school where the student
11attends school in the same manner in which students that attend
12public schools are annually assessed pursuant to Section
132-3.64a-5 of the School Code. Such qualified school shall pay
14costs associated with this requirement.
15    (b) The Board shall select an independent research
16organization, which may be a public or private entity or
17university, to which participating qualified schools must
18report the scores of students who are receiving scholarships
19and are assessed pursuant to subsection (a) of this Section.
20Costs associated with the independent research organization
21shall be paid by the scholarship granting organizations on a
22per-pupil basis or by gifts, grants, or donations received by
23the Board under subsection (d) of this Section, as determined
24by the Board. The independent research organization must
25annually report to the Board on the year-to-year learning gains

 

 

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1of students receiving scholarships on a statewide basis. The
2report shall also include, to the extent possible, a comparison
3of these learning gains to the statewide learning gains of
4public school students with socioeconomic backgrounds similar
5to those of students receiving scholarships. The annual report
6shall be delivered to the Board and published on its website.
7    (c) Beginning within 120 days after the Board first
8receives the annual report by the independent research
9organization as provided in subsection (b) of this Section and
10on an annual basis thereafter, the Board shall submit a written
11report to the Governor, the President of the Senate, the
12Speaker of the House of Representatives, the Minority Leader of
13the Senate, and the Minority Leader of the House of
14Representatives regarding this Act. Such report shall include
15an evaluation of the academic performance of students receiving
16scholarships and recommendations for improving student
17performance.
18    (d) Subject to the State Officials and Employees Ethics
19Act, the Board may receive and expend gifts, grants, and
20donations of any kind from any public or private entity to
21carry out the purposes of this Section, subject to the terms
22and conditions under which the gifts are given, provided that
23all such terms and conditions are permissible under law.
24    (e) The sharing and reporting of student assessment
25learning gain data under this Section must be in accordance
26with requirements of the Family Educational Rights and Privacy

 

 

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1Act and the Illinois School Student Records Act. All parties
2must preserve the confidentiality of such information as
3required by law. The annual report must not disaggregate data
4to a level that will disclose the academic level of individual
5students.
6(Source: P.A. 100-465, eff. 8-31-17.)
 
7    (35 ILCS 40/995 rep.)
8    Section 105-15. The Invest in Kids Act is amended by
9repealing Section 995.
 
10
Article 115.

 
11    Section 115-5. The School Code is amended by changing
12Section 21B-50 as follows:
 
13    (105 ILCS 5/21B-50)
14    Sec. 21B-50. Alternative Educator Licensure Program.
15    (a) There is established an alternative educator licensure
16program, to be known as the Alternative Educator Licensure
17Program for Teachers.
18    (b) The Alternative Educator Licensure Program for
19Teachers may be offered by a recognized institution approved to
20offer educator preparation programs by the State Board of
21Education, in consultation with the State Educator Preparation
22and Licensure Board.

 

 

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1    The program shall be comprised of 4 phases:
2        (1) A course of study that at a minimum includes
3    instructional planning; instructional strategies,
4    including special education, reading, and English language
5    learning; classroom management; and the assessment of
6    students and use of data to drive instruction.
7        (2) A year of residency, which is a candidate's
8    assignment to a full-time teaching position or as a
9    co-teacher for one full school year. An individual must
10    hold an Educator License with Stipulations with an
11    alternative provisional educator endorsement in order to
12    enter the residency and must complete additional program
13    requirements that address required State and national
14    standards, pass the State Board's teacher performance
15    assessment no later than the end of the first semester of
16    the second year of residency, as required under phase (3)
17    of this subsection (b), and be recommended by the principal
18    or qualified equivalent of a principal, as required under
19    subsection (d) of this Section, and the program coordinator
20    to continue with the second year of the residency.
21        (3) A second year of residency, which shall include the
22    candidate's assignment to a full-time teaching position
23    for one school year. The candidate must be assigned an
24    experienced teacher to act as a mentor and coach the
25    candidate through the second year of residency.
26        (4) A comprehensive assessment of the candidate's

 

 

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1    teaching effectiveness, as evaluated by the principal or
2    qualified equivalent of a principal, as required under
3    subsection (d) of this Section, and the program
4    coordinator, at the end of the second year of residency. If
5    there is disagreement between the 2 evaluators about the
6    candidate's teaching effectiveness, the candidate may
7    complete one additional year of residency teaching under a
8    professional development plan developed by the principal
9    or qualified equivalent and the preparation program. At the
10    completion of the third year, a candidate must have
11    positive evaluations and a recommendation for full
12    licensure from both the principal or qualified equivalent
13    and the program coordinator or no Professional Educator
14    License shall be issued.
15    Successful completion of the program shall be deemed to
16satisfy any other practice or student teaching and content
17matter requirements established by law.
18    (c) An alternative provisional educator endorsement on an
19Educator License with Stipulations is valid for 2 years of
20teaching in the public schools, including without limitation a
21preschool educational program under Section 2-3.71 of this Code
22or charter school, or in a State-recognized nonpublic school in
23which the chief administrator is required to have the licensure
24necessary to be a principal in a public school in this State
25and in which a majority of the teachers are required to have
26the licensure necessary to be instructors in a public school in

 

 

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1this State, but may be renewed for a third year if needed to
2complete the Alternative Educator Licensure Program for
3Teachers. The endorsement shall be issued only once to an
4individual who meets all of the following requirements:
5        (1) Has graduated from a regionally accredited college
6    or university with a bachelor's degree or higher.
7        (2) (Blank). Has a cumulative grade point average of
8    3.0 or greater on a 4.0 scale or its equivalent on another
9    scale.
10        (3) Has completed a major in the content area if
11    seeking a middle or secondary level endorsement or, if
12    seeking an early childhood, elementary, or special
13    education endorsement, has completed a major in the content
14    area of reading, English/language arts, mathematics, or
15    one of the sciences. If the individual does not have a
16    major in a content area for any level of teaching, he or
17    she must submit transcripts to the State Board of Education
18    to be reviewed for equivalency.
19        (4) Has successfully completed phase (1) of subsection
20    (b) of this Section.
21        (5) Has passed a content area test required for the
22    specific endorsement for admission into the program, as
23    required under Section 21B-30 of this Code.
24    A candidate possessing the alternative provisional
25educator endorsement may receive a salary, benefits, and any
26other terms of employment offered to teachers in the school who

 

 

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1are members of an exclusive bargaining representative, if any,
2but a school is not required to provide these benefits during
3the years of residency if the candidate is serving only as a
4co-teacher. If the candidate is serving as the teacher of
5record, the candidate must receive a salary, benefits, and any
6other terms of employment. Residency experiences must not be
7counted towards tenure.
8    (d) The recognized institution offering the Alternative
9Educator Licensure Program for Teachers must partner with a
10school district, including without limitation a preschool
11educational program under Section 2-3.71 of this Code or
12charter school, or a State-recognized, nonpublic school in this
13State in which the chief administrator is required to have the
14licensure necessary to be a principal in a public school in
15this State and in which a majority of the teachers are required
16to have the licensure necessary to be instructors in a public
17school in this State. A recognized institution that partners
18with a public school district administering a preschool
19educational program under Section 2-3.71 of this Code must
20require a principal to recommend or evaluate candidates in the
21program. A recognized institution that partners with an
22eligible entity administering a preschool educational program
23under Section 2-3.71 of this Code and that is not a public
24school district must require a principal or qualified
25equivalent of a principal to recommend or evaluate candidates
26in the program. The program presented for approval by the State

 

 

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1Board of Education must demonstrate the supports that are to be
2provided to assist the provisional teacher during the 2-year
3residency period. These supports must provide additional
4contact hours with mentors during the first year of residency.
5    (e) Upon completion of the 4 phases outlined in subsection
6(b) of this Section and all assessments required under Section
721B-30 of this Code, an individual shall receive a Professional
8Educator License.
9    (f) The State Board of Education, in consultation with the
10State Educator Preparation and Licensure Board, may adopt such
11rules as may be necessary to establish and implement the
12Alternative Educator Licensure Program for Teachers.
13(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
14101-220, eff. 8-7-19; 101-570, eff. 8-23-19; 101-643, eff.
156-18-20.)
 
16
Article 120.

 
17    Section 120-5. The Higher Education Student Assistance Act
18is amended by changing Section 50 as follows:
 
19    (110 ILCS 947/50)
20    Sec. 50. Minority Teachers of Illinois scholarship
21program.
22    (a) As used in this Section:
23        "Eligible applicant" means a minority student who has

 

 

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1    graduated from high school or has received a high school
2    equivalency certificate and has maintained a cumulative
3    grade point average of no less than 2.5 on a 4.0 scale, and
4    who by reason thereof is entitled to apply for scholarships
5    to be awarded under this Section.
6        "Minority student" means a student who is any of the
7    following:
8            (1) American Indian or Alaska Native (a person
9        having origins in any of the original peoples of North
10        and South America, including Central America, and who
11        maintains tribal affiliation or community attachment).
12            (2) Asian (a person having origins in any of the
13        original peoples of the Far East, Southeast Asia, or
14        the Indian subcontinent, including, but not limited
15        to, Cambodia, China, India, Japan, Korea, Malaysia,
16        Pakistan, the Philippine Islands, Thailand, and
17        Vietnam).
18            (3) Black or African American (a person having
19        origins in any of the black racial groups of Africa).
20        Terms such as "Haitian" or "Negro" can be used in
21        addition to "Black or African American".
22            (4) Hispanic or Latino (a person of Cuban, Mexican,
23        Puerto Rican, South or Central American, or other
24        Spanish culture or origin, regardless of race).
25            (5) Native Hawaiian or Other Pacific Islander (a
26        person having origins in any of the original peoples of

 

 

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1        Hawaii, Guam, Samoa, or other Pacific Islands).
2        "Qualified bilingual minority applicant" means a
3    qualified student who demonstrates proficiency in a
4    language other than English by (i) receiving a State Seal
5    of Biliteracy from the State Board of Education or (ii)
6    receiving a passing score on an educator licensure target
7    language proficiency test.
8        "Qualified student" means a person (i) who is a
9    resident of this State and a citizen or permanent resident
10    of the United States; (ii) who is a minority student, as
11    defined in this Section; (iii) who, as an eligible
12    applicant, has made a timely application for a minority
13    teaching scholarship under this Section; (iv) who is
14    enrolled on at least a half-time basis at a qualified
15    Illinois institution of higher learning; (v) who is
16    enrolled in a course of study leading to teacher licensure,
17    including alternative teacher licensure, or, if the
18    student is already licensed to teach, in a course of study
19    leading to an additional teaching endorsement or a master's
20    degree in an academic field in which he or she is teaching
21    or plans to teach or who has received one or more College
22    and Career Pathway Endorsements pursuant to Section 80 of
23    the Postsecondary and Workforce Readiness Act and commits
24    to enrolling in a course of study leading to teacher
25    licensure, including alternative teacher licensure; (vi)
26    who maintains a grade point average of no less than 2.5 on

 

 

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1    a 4.0 scale; and (vii) who continues to advance
2    satisfactorily toward the attainment of a degree.
3    (b) In order to encourage academically talented Illinois
4minority students to pursue teaching careers at the preschool
5or elementary or secondary school level and to address and
6alleviate the teacher shortage crisis in this State described
7under the provisions of the Transitions in Education Act, each
8qualified student shall be awarded a minority teacher
9scholarship to any qualified Illinois institution of higher
10learning. However, preference may be given to qualified
11applicants enrolled at or above the junior level.
12    (c) Each minority teacher scholarship awarded under this
13Section shall be in an amount sufficient to pay the tuition and
14fees and room and board costs of the qualified Illinois
15institution of higher learning at which the recipient is
16enrolled, up to an annual maximum of $5,000; except that in the
17case of a recipient who does not reside on-campus at the
18institution at which he or she is enrolled, the amount of the
19scholarship shall be sufficient to pay tuition and fee expenses
20and a commuter allowance, up to an annual maximum of $5,000.
21However, if at least $2,850,000 is appropriated in a given
22fiscal year for the Minority Teachers of Illinois scholarship
23program, then, in each fiscal year thereafter, each scholarship
24awarded under this Section shall be in an amount sufficient to
25pay the tuition and fees and room and board costs of the
26qualified Illinois institution of higher learning at which the

 

 

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1recipient is enrolled, up to an annual maximum of $7,500;
2except that in the case of a recipient who does not reside
3on-campus at the institution at which he or she is enrolled,
4the amount of the scholarship shall be sufficient to pay
5tuition and fee expenses and a commuter allowance, up to an
6annual maximum of $7,500.
7    (d) The total amount of minority teacher scholarship
8assistance awarded by the Commission under this Section to an
9individual in any given fiscal year, when added to other
10financial assistance awarded to that individual for that year,
11shall not exceed the cost of attendance at the institution at
12which the student is enrolled. If the amount of minority
13teacher scholarship to be awarded to a qualified student as
14provided in subsection (c) of this Section exceeds the cost of
15attendance at the institution at which the student is enrolled,
16the minority teacher scholarship shall be reduced by an amount
17equal to the amount by which the combined financial assistance
18available to the student exceeds the cost of attendance.
19    (e) The maximum number of academic terms for which a
20qualified student can receive minority teacher scholarship
21assistance shall be 8 semesters or 12 quarters.
22    (f) In any academic year for which an eligible applicant
23under this Section accepts financial assistance through the
24Paul Douglas Teacher Scholarship Program, as authorized by
25Section 551 et seq. of the Higher Education Act of 1965, the
26applicant shall not be eligible for scholarship assistance

 

 

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1awarded under this Section.
2    (g) All applications for minority teacher scholarships to
3be awarded under this Section shall be made to the Commission
4on forms which the Commission shall provide for eligible
5applicants. The form of applications and the information
6required to be set forth therein shall be determined by the
7Commission, and the Commission shall require eligible
8applicants to submit with their applications such supporting
9documents or recommendations as the Commission deems
10necessary.
11    (h) Subject to a separate appropriation for such purposes,
12payment of any minority teacher scholarship awarded under this
13Section shall be determined by the Commission. All scholarship
14funds distributed in accordance with this subsection shall be
15paid to the institution and used only for payment of the
16tuition and fee and room and board expenses incurred by the
17student in connection with his or her attendance at a qualified
18Illinois institution of higher learning. Any minority teacher
19scholarship awarded under this Section shall be applicable to 2
20semesters or 3 quarters of enrollment. If a qualified student
21withdraws from enrollment prior to completion of the first
22semester or quarter for which the minority teacher scholarship
23is applicable, the school shall refund to the Commission the
24full amount of the minority teacher scholarship.
25    (i) The Commission shall administer the minority teacher
26scholarship aid program established by this Section and shall

 

 

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1make all necessary and proper rules not inconsistent with this
2Section for its effective implementation.
3    (j) When an appropriation to the Commission for a given
4fiscal year is insufficient to provide scholarships to all
5qualified students, the Commission shall allocate the
6appropriation in accordance with this subsection. If funds are
7insufficient to provide all qualified students with a
8scholarship as authorized by this Section, the Commission shall
9allocate the available scholarship funds for that fiscal year
10to qualified students who submit a complete application form on
11or before a date specified by the Commission based on the
12following order of priority:
13        (1) To students who received a scholarship under this
14    Section in the prior academic year and who remain eligible
15    for a minority teacher scholarship under this Section.
16        (2) Except as otherwise provided in subsection (k), to
17    students who demonstrate financial need, as determined by
18    the Commission. on the basis of the date the Commission
19    receives a complete application form.
20    (k) Notwithstanding paragraph (2) of the provisions of
21subsection (j) or any other provision of this Section, at least
2235% 30% of the funds appropriated for scholarships awarded
23under this Section in each fiscal year shall be reserved for
24qualified male minority applicants, with priority being given
25to qualified Black male applicants beginning with fiscal year
262023. If the Commission does not receive enough applications

 

 

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1from qualified male minorities on or before January 1 of each
2fiscal year to award 35% 30% of the funds appropriated for
3these scholarships to qualified male minority applicants, then
4the Commission may award a portion of the reserved funds to
5qualified female minority applicants in accordance with
6subsection (j).
7    Beginning with fiscal year 2023, if at least $2,850,000 but
8less than $4,200,000 is appropriated in a given fiscal year for
9scholarships awarded under this Section, then at least 10% of
10the funds appropriated shall be reserved for qualified
11bilingual minority applicants, with priority being given to
12qualified bilingual minority applicants who are enrolled in an
13educator preparation program with a concentration in
14bilingual, bicultural education. Beginning with fiscal year
152023, if at least $4,200,000 is appropriated in a given fiscal
16year for the Minority Teachers of Illinois scholarship program,
17then at least 30% of the funds appropriated shall be reserved
18for qualified bilingual minority applicants, with priority
19being given to qualified bilingual minority applicants who are
20enrolled in an educator preparation program with a
21concentration in bilingual, bicultural education. Beginning
22with fiscal year 2023, if at least $2,850,000 is appropriated
23in a given fiscal year for scholarships awarded under this
24Section but the Commission does not receive enough applications
25from qualified bilingual minority applicants on or before
26January 1 of that fiscal year to award at least 10% of the

 

 

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1funds appropriated to qualified bilingual minority applicants,
2then the Commission may, in its discretion, award a portion of
3the reserved funds to other qualified students in accordance
4with subsection (j).
5    (l) Prior to receiving scholarship assistance for any
6academic year, each recipient of a minority teacher scholarship
7awarded under this Section shall be required by the Commission
8to sign an agreement under which the recipient pledges that,
9within the one-year period following the termination of the
10program for which the recipient was awarded a minority teacher
11scholarship, the recipient (i) shall begin teaching for a
12period of not less than one year for each year of scholarship
13assistance he or she was awarded under this Section; and (ii)
14shall fulfill this teaching obligation at a nonprofit Illinois
15public, private, or parochial preschool, elementary school, or
16secondary school at which no less than 30% of the enrolled
17students are minority students in the year during which the
18recipient begins teaching at the school or may instead, if the
19recipient received a scholarship as a qualified bilingual
20minority applicant, fulfill this teaching obligation in a
21program in transitional bilingual education pursuant to
22Article 14C of the School Code or in a school in which 20 or
23more English learner students in the same language
24classification are enrolled; and (iii) shall, upon request by
25the Commission, provide the Commission with evidence that he or
26she is fulfilling or has fulfilled the terms of the teaching

 

 

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1agreement provided for in this subsection.
2    (m) If a recipient of a minority teacher scholarship
3awarded under this Section fails to fulfill the teaching
4obligation set forth in subsection (l) of this Section, the
5Commission shall require the recipient to repay the amount of
6the scholarships received, prorated according to the fraction
7of the teaching obligation not completed, at a rate of interest
8equal to 5%, and, if applicable, reasonable collection fees.
9The Commission is authorized to establish rules relating to its
10collection activities for repayment of scholarships under this
11Section. All repayments collected under this Section shall be
12forwarded to the State Comptroller for deposit into the State's
13General Revenue Fund.
14    (n) A recipient of minority teacher scholarship shall not
15be considered in violation of the agreement entered into
16pursuant to subsection (l) if the recipient (i) enrolls on a
17full time basis as a graduate student in a course of study
18related to the field of teaching at a qualified Illinois
19institution of higher learning; (ii) is serving, not in excess
20of 3 years, as a member of the armed services of the United
21States; (iii) is a person with a temporary total disability for
22a period of time not to exceed 3 years as established by sworn
23affidavit of a qualified physician; (iv) is seeking and unable
24to find full time employment as a teacher at an Illinois
25public, private, or parochial preschool or elementary or
26secondary school that satisfies the criteria set forth in

 

 

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1subsection (l) of this Section and is able to provide evidence
2of that fact; (v) becomes a person with a permanent total
3disability as established by sworn affidavit of a qualified
4physician; (vi) is taking additional courses, on at least a
5half-time basis, needed to obtain licensure as a teacher in
6Illinois; or (vii) is fulfilling teaching requirements
7associated with other programs administered by the Commission
8and cannot concurrently fulfill them under this Section in a
9period of time equal to the length of the teaching obligation.
10    (o) Scholarship recipients under this Section who withdraw
11from a program of teacher education but remain enrolled in
12school to continue their postsecondary studies in another
13academic discipline shall not be required to commence repayment
14of their Minority Teachers of Illinois scholarship so long as
15they remain enrolled in school on a full-time basis or if they
16can document for the Commission special circumstances that
17warrant extension of repayment.
18    (p) If the Minority Teachers of Illinois scholarship
19program does not expend at least 90% of the amount appropriated
20for the program in a given fiscal year for 3 consecutive fiscal
21years and the Commission does not receive enough applications
22from the groups identified in subsection (k) on or before
23January 1 in each of those fiscal years to meet the percentage
24reserved for those groups under subsection (k), then up to 3%
25of amount appropriated for the program for each of next 3
26fiscal years shall be allocated to increasing awareness of the

 

 

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1program and for the recruitment of Black male applicants. The
2Commission shall make a recommendation to the General Assembly
3by January 1 of the year immediately following the end of that
4third fiscal year regarding whether the amount allocated to
5increasing awareness and recruitment should continue.
6    (q) Each qualified Illinois institution of higher learning
7that receives funds from the Minority Teachers of Illinois
8scholarship program shall host an annual information session at
9the institution about the program for teacher candidates of
10color in accordance with rules adopted by the Commission.
11Additionally, the institution shall ensure that each
12scholarship recipient enrolled at the institution meets with an
13academic advisor at least once per academic year to facilitate
14on-time completion of the recipient's educator preparation
15program.
16(Source: P.A. 99-143, eff. 7-27-15; 100-235, eff. 6-1-18.)
 
17
Article 125.

 
18    Section 125-5. The Higher Education Student Assistance Act
19is amended by changing Section 65.100 as follows:
 
20    (110 ILCS 947/65.100)
21    (Section scheduled to be repealed on October 1, 2024)
22    Sec. 65.100. AIM HIGH Grant Pilot Program.
23    (a) The General Assembly makes all of the following

 

 

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1findings:
2        (1) Both access and affordability are important
3    aspects of the Illinois Public Agenda for College and
4    Career Success report.
5        (2) This State is in the top quartile with respect to
6    the percentage of family income needed to pay for college.
7        (3) Research suggests that as loan amounts increase,
8    rather than an increase in grant amounts, the probability
9    of college attendance decreases.
10        (4) There is further research indicating that
11    socioeconomic status may affect the willingness of
12    students to use loans to attend college.
13        (5) Strategic use of tuition discounting can decrease
14    the amount of loans that students must use to pay for
15    tuition.
16        (6) A modest, individually tailored tuition discount
17    can make the difference in a student choosing to attend
18    college and enhance college access for low-income and
19    middle-income families.
20        (7) Even if the federally calculated financial need for
21    college attendance is met, the federally determined
22    Expected Family Contribution can still be a daunting
23    amount.
24        (8) This State is the second largest exporter of
25    students in the country.
26        (9) When talented Illinois students attend

 

 

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1    universities in this State, the State and those
2    universities benefit.
3        (10) State universities in other states have adopted
4    pricing and incentives that allow many Illinois residents
5    to pay less to attend an out-of-state university than to
6    remain in this State for college.
7        (11) Supporting Illinois student attendance at
8    Illinois public universities can assist in State efforts to
9    maintain and educate a highly trained workforce.
10        (12) Modest tuition discounts that are individually
11    targeted and tailored can result in enhanced revenue for
12    public universities.
13        (13) By increasing a public university's capacity to
14    strategically use tuition discounting, the public
15    university will be capable of creating enhanced tuition
16    revenue by increasing enrollment yields.
17    (b) In this Section:
18    "Eligible applicant" means a student from any high school
19in this State, whether or not recognized by the State Board of
20Education, who is engaged in a program of study that in due
21course will be completed by the end of the school year and who
22meets all of the qualifications and requirements under this
23Section.
24    "Tuition and other necessary fees" includes the customary
25charge for instruction and use of facilities in general and the
26additional fixed fees charged for specified purposes that are

 

 

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1required generally of non-grant recipients for each academic
2period for which the grant applicant actually enrolls, but does
3not include fees payable only once or breakage fees and other
4contingent deposits that are refundable in whole or in part.
5The Commission may adopt, by rule not inconsistent with this
6Section, detailed provisions concerning the computation of
7tuition and other necessary fees.
8    (c) Beginning with the 2019-2020 academic year, each public
9university may establish a merit-based scholarship pilot
10program known as the AIM HIGH Grant Pilot Program. Each year,
11the Commission shall receive and consider applications from
12public universities under this Section. Subject to
13appropriation and any tuition waiver limitation established by
14the Board of Higher Education, a public university campus may
15award a grant to a student under this Section if it finds that
16the applicant meets all of the following criteria:
17        (1) He or she is a resident of this State and a citizen
18    or eligible noncitizen of the United States.
19        (2) He or she files a Free Application for Federal
20    Student Aid and demonstrates financial need with a
21    household income no greater than 6 times the poverty
22    guidelines updated periodically in the Federal Register by
23    the U.S. Department of Health and Human Services under the
24    authority of 42 U.S.C. 9902(2). The household income of the
25    applicant at the time of initial application shall be
26    deemed to be the household income of the applicant for the

 

 

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1    duration of the pilot program.
2        (3) He or she meets the minimum cumulative grade point
3    average or ACT or SAT college admissions test score, as
4    determined by the public university campus.
5        (4) He or she is enrolled in a public university as an
6    undergraduate student on a full-time basis.
7        (5) He or she has not yet received a baccalaureate
8    degree or the equivalent of 135 semester credit hours.
9        (6) He or she is not incarcerated.
10        (7) He or she is not in default on any student loan or
11    does not owe a refund or repayment on any State or federal
12    grant or scholarship.
13        (8) Any other reasonable criteria, as determined by the
14    public university campus.
15    (d) Each public university campus shall determine grant
16renewal criteria consistent with the requirements under this
17Section.
18    (e) Each participating public university campus shall post
19on its Internet website criteria and eligibility requirements
20for receiving awards that use funds under this Section that
21include a range in the sizes of these individual awards. The
22criteria and amounts must also be reported to the Commission
23and the Board of Higher Education, who shall post the
24information on their respective Internet websites.
25    (f) After enactment of an appropriation for this Program,
26the Commission shall determine an allocation of funds to each

 

 

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1public university in an amount proportionate to the number of
2undergraduate students who are residents of this State and
3citizens or eligible noncitizens of the United States and who
4were enrolled at each public university campus in the previous
5academic year. All applications must be made to the Commission
6on or before a date determined by the Commission and on forms
7that the Commission shall provide to each public university
8campus. The form of the application and the information
9required shall be determined by the Commission and shall
10include, without limitation, the total public university
11campus funds used to match funds received from the Commission
12in the previous academic year under this Section, if any, the
13total enrollment of undergraduate students who are residents of
14this State from the previous academic year, and any supporting
15documents as the Commission deems necessary. Each public
16university campus shall match the amount of funds received by
17the Commission with financial aid for eligible students.
18    A public university that has reported to the Commission for
19the most recent academic year for which data are available,
20that at least 49% of its student body received financial aid
21under the federal Pell Grant program, shall match 20% of the
22amount of funds awarded in a given academic year with non-loan
23financial aid for eligible students.
24    A public university that has reported to the Commission for
25the most recent academic year for which data are available,
26that less than 49% of its student body received financial aid

 

 

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1under the federal Pell Grant program for the previous academic
2year shall match 60% of the amount of funds awarded in a given
3academic year and received from the Commission with non-loan
4financial aid for eligible students.
5    A public university campus is not required to claim its
6entire allocation. The Commission shall make available to all
7public universities, on a date determined by the Commission,
8any unclaimed funds and the funds must be made available to
9those public university campuses in the proportion determined
10under this subsection (f), excluding from the calculation those
11public university campuses not claiming their full
12allocations.
13    Each public university campus may determine the award
14amounts for eligible students on an individual or broad basis,
15but, subject to renewal eligibility, each renewed award may not
16be less than the amount awarded to the eligible student in his
17or her first year attending the public university campus.
18Notwithstanding this limitation, a renewal grant may be reduced
19due to changes in the student's cost of attendance, including,
20but not limited to, if a student reduces the number of credit
21hours in which he or she is enrolled, but remains a full-time
22student, or switches to a course of study with a lower tuition
23rate.
24    An eligible applicant awarded grant assistance under this
25Section is eligible to receive other financial aid. Total grant
26aid to the student from all sources may not exceed the total

 

 

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1cost of attendance at the public university campus.
2    (g) All money allocated to a public university campus under
3this Section may be used only for financial aid purposes for
4students attending the public university campus during the
5academic year, not including summer terms. Notwithstanding any
6other provision of law to the contrary, any funds received by a
7public university campus under this Section that are not
8granted to students in the academic year for which the funds
9are received may be retained by the public university campus
10for expenditure on students participating in the Program or
11students eligible to participate in the Program.
12    (h) Each public university campus that establishes a
13Program under this Section must annually report to the
14Commission, on or before a date determined by the Commission,
15the number of undergraduate students enrolled at that campus
16who are residents of this State.
17    (i) Each public university campus must report to the
18Commission the total non-loan financial aid amount given by the
19public university campus to undergraduate students in the
202017-2018 academic year, not including the summer term. To be
21eligible to receive funds under the Program, a public
22university campus may not decrease the total amount of non-loan
23financial aid it gives to undergraduate students, not including
24any funds received from the Commission under this Section or
25any funds used to match grant awards under this Section, to an
26amount lower than the reported amount for the 2017-2018

 

 

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1academic year, not including the summer term.
2    (j) On or before a date determined by the Commission, each
3public university campus that participates in the Program under
4this Section shall annually submit a report to the Commission
5with all of the following information:
6        (1) The Program's impact on tuition revenue and
7    enrollment goals and increase in access and affordability
8    at the public university campus.
9        (2) Total funds received by the public university
10    campus under the Program.
11        (3) Total non-loan financial aid awarded to
12    undergraduate students attending the public university
13    campus.
14        (4) Total amount of funds matched by the public
15    university campus.
16        (5) Total amount of claimed and unexpended funds
17    retained by the public university campus.
18        (6) The percentage of total financial aid distributed
19    under the Program by the public university campus.
20        (7) The total number of students receiving grants from
21    the public university campus under the Program and those
22    students' grade level, race, gender, income level, family
23    size, Monetary Award Program eligibility, Pell Grant
24    eligibility, and zip code of residence and the amount of
25    each grant award. This information shall include unit
26    record data on those students regarding variables

 

 

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1    associated with the parameters of the public university's
2    Program, including, but not limited to, a student's ACT or
3    SAT college admissions test score, high school or
4    university cumulative grade point average, or program of
5    study.
6    On or before October 1, 2020 and annually on or before
7October 1 thereafter, the Commission shall submit a report with
8the findings under this subsection (j) and any other
9information regarding the AIM HIGH Grant Pilot Program to (i)
10the Governor, (ii) the Speaker of the House of Representatives,
11(iii) the Minority Leader of the House of Representatives, (iv)
12the President of the Senate, and (v) the Minority Leader of the
13Senate. The reports to the General Assembly shall be filed with
14the Clerk of the House of Representatives and the Secretary of
15the Senate in electronic form only, in the manner that the
16Clerk and the Secretary shall direct. The Commission's report
17may not disaggregate data to a level that may disclose
18personally identifying information of individual students.
19    The sharing and reporting of student data under this
20subsection (j) must be in accordance with the requirements
21under the federal Family Educational Rights and Privacy Act of
221974 and the Illinois School Student Records Act. All parties
23must preserve the confidentiality of the information as
24required by law. The names of the grant recipients under this
25Section are not subject to disclosure under the Freedom of
26Information Act.

 

 

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1    Public university campuses that fail to submit a report
2under this subsection (j) or that fail to adhere to any other
3requirements under this Section may not be eligible for
4distribution of funds under the Program for the next academic
5year, but may be eligible for distribution of funds for each
6academic year thereafter.
7    (k) The Commission shall adopt rules to implement this
8Section.
9    (l) This Section is repealed on October 1, 2024.
10(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
11100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff.
126-1-20; 101-643, eff. 6-18-20.)
 
13
Article 130.

 
14    Section 130-1. Short title. This Article may be cited as
15the Transitions in Education Act. References in this Article to
16"this Act" mean this Article.
 
17    Section 130-5. Findings; policies.
18    (a) The General Assembly finds the following:
19        (1) Teachers are the single most important in-school
20    factor in supporting student outcomes and success; yet,
21    Illinois is suffering from a profound teacher shortage
22    across the State.
23        (2) To reverse this shortage, Illinois needs to develop

 

 

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1    and invest in a robust and diverse educator pipeline,
2    addressing any barriers or gaps that limit high quality
3    candidates, particularly candidates of color, from
4    becoming teachers.
5        (3) Illinois loses many high quality, diverse educator
6    candidates in postsecondary programs due to confusion or
7    lack of course transfer credits and course articulation
8    from Illinois's 2-year to 4-year institutions.
9        (4) Lack of alignment and transferability of course
10    credits may often force candidates to spend additional time
11    and money to earn a degree or lead to an inability to
12    complete a degree.
13        (5) In 1993, the Board of Higher Education, the
14    Illinois Community College Board, and the Transfer
15    Coordinators of Illinois Colleges and Universities brought
16    together faculty from public and independent, associate,
17    and baccalaureate degree-granting institutions across the
18    State to develop the Illinois Articulation Initiative
19    (IAI).
20        (6) The goal of IAI is to facilitate the transfer of
21    courses from one participating college or university to
22    another in order to complete a baccalaureate degree.
23        (7) The Student Transfer Achievement Reform (STAR)
24    Act, as mandated by subsection (b) of Section 25 of the
25    Act, is designed to facilitate transfer among Illinois
26    public institutions, particularly for students with a

 

 

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1    completed Associate of Arts or an Associate of Science
2    degree.
3        (8) While Illinois is a leading state for college
4    completion rates for adult learners and transfer students
5    from community colleges, it needs to increase the number of
6    high-quality postsecondary teaching credentials to meet
7    the demands of our schools and education workforce.
8        (9) With the rising costs of higher education for
9    Illinois students and families, the State needs to ensure
10    to the maximize extent possible that community college
11    courses will transfer with full credit for the student and
12    be accepted at an Illinois public or private institution as
13    they pursue a baccalaureate degree in education.
14        (10) Illinois can do this by improving transitions all
15    along the education pipeline; for postsecondary education,
16    this means strengthening articulation through stable
17    funding and the expansion of transfer tools, such as
18    Transferology and the IAI through development of an
19    objective measure of transfer and acceptance of credits in
20    education degrees.
21        (11) The IAI Education Pathway can be modeled off of
22    existing IAI major pathways like Early Childhood Education
23    and Criminal Justice.
24    (b) The General Assembly encourages the Board of Higher
25Education, the State Board of Education, and the Illinois