093_HB0470

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 1        AN ACT relating to education.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Sections 2-3.25d, 2-3.64, and 10-17a as follows:

 6        (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
 7        Sec. 2-3.25d.  Academic watch list.  Those  schools  that
 8    are   not  meeting  the  standards  of  academic  performance
 9    measured by the State assessment of  student  performance  as
10    specified by the State Board of Education may be placed on an
11    academic  watch  list established by the State Superintendent
12    of Education after serving for 2 years on the State Board  of
13    Education Early Academic Warning List and shall be subject to
14    an   on-site  visitation  to  determine  whether  extenuating
15    circumstances exist as to why a school or schools should  not
16    be   placed   on   an   academic  watch  list  by  the  State
17    Superintendent of Education.  However, only scores  on  State
18    assessments  of  students  enrolled  in a school on or before
19    November 1 of the school year in which a State assessment  is
20    given shall be used in determining whether a school is placed
21    on the Early Academic Warning List or an academic watch list.
22        A  school  district  that  has one or more schools on the
23    academic watch list shall submit a revised School Improvement
24    Plan or  amendments  thereto  setting  forth  the  district's
25    expectations  for  removing  each school in the district from
26    the academic watch list and for improving student performance
27    in that school. Districts operating under Article 34  of  The
28    School  Code  may submit the School Improvement Plan required
29    under Section 34-2.4.   If  any  district  submits  a  School
30    Improvement  Plan which exceeds 2 years in duration, the Plan
31    shall contain provisions for evaluation and determination  as
 
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 1    to   the   improvement   of  student  performance  or  school
 2    improvement after no later than 2 years. The  revised  School
 3    Improvement  Plan or amendments thereto shall be developed in
 4    consultation with the staff of the affected school  and  must
 5    be  approved by the local board of education and the school's
 6    local school council for districts operating under Article 34
 7    of the School Code. Revised School Improvement Plans must  be
 8    submitted   for  approval  to  the  State  Superintendent  of
 9    Education pursuant to rules and  regulations  promulgated  by
10    the State Board of Education.  The revised School Improvement
11    Plan   shall   address   specific,  measurable  outcomes  for
12    improving student performance so that such performance equals
13    or exceeds standards set for the school by the State Board of
14    Education.
15        A school or schools shall remain on  the  academic  watch
16    list  for  at  least  one  full  academic  year.  During each
17    academic year for which a school is  on  the  academic  watch
18    list  it  shall  continue to be evaluated and assessed by the
19    State Board of Education as to whether it is meeting outcomes
20    identified in its revised School Improvement Plan.
21        The  provisions  of  this  Section  are  subject  to  the
22    provisions of Section 2-3.25k.
23    (Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

24        (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
25        Sec. 2-3.64.  State goals and assessment.
26        (a)  Beginning in the 1998-1999 school  year,  the  State
27    Board    of   Education   shall   establish   standards   and
28    periodically, in collaboration with local  school  districts,
29    conduct  studies of student performance in the learning areas
30    of fine arts and physical development/health.  Beginning with
31    the 1998-1999 school year, the State Board of Education shall
32    annually test: (i) all pupils enrolled in the 3rd,  5th,  and
33    8th  grades  in  English language arts (reading, writing, and
 
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 1    English  grammar)  and  mathematics;  and  (ii)  all   pupils
 2    enrolled  in  the  4th  and  7th grades in the biological and
 3    physical  sciences  and   the   social   sciences   (history,
 4    geography,  civics,  economics,  and  government).  The State
 5    Board of Education shall  establish  the  academic  standards
 6    that  are to be applicable to pupils who are subject to State
 7    tests under this Section beginning with the 1998-1999  school
 8    year.   However,  the  State  Board  of  Education  shall not
 9    establish any such standards  in  final  form  without  first
10    providing  opportunities  for  public participation and local
11    input in the development of  the  final  academic  standards.
12    Those opportunities shall include a well-publicized period of
13    public  comment,  public  hearings  throughout the State, and
14    opportunities to file written comments.  Beginning  with  the
15    1998-99  school  year  and  thereafter,  the State tests will
16    identify pupils in the 3rd grade or 5th grade who do not meet
17    the State standards.  If, by performance on the  State  tests
18    or  local  assessments  or  by  teacher judgment, a student's
19    performance is determined  to  be  2  or  more  grades  below
20    current   placement,   the   student   shall  be  provided  a
21    remediation program developed by the district in consultation
22    with a parent or  guardian.  Such  remediation  programs  may
23    include,   but   shall   not  be  limited  to,  increased  or
24    concentrated instructional time,  a  remedial  summer  school
25    program  of  not  less  than 90 hours, improved instructional
26    approaches,  tutorial  sessions,  retention  in  grade,   and
27    modifications  to  instructional  materials.   Each pupil for
28    whom a remediation program is developed under this subsection
29    shall be required to enroll in and  attend  whatever  program
30    the   district  determines  is  appropriate  for  the  pupil.
31    Districts may combine students in remediation programs  where
32    appropriate  and  may  cooperate  with other districts in the
33    design  and  delivery  of  those  programs.   The  parent  or
34    guardian of  a  student  required  to  attend  a  remediation
 
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 1    program  under  this Section shall be given written notice of
 2    that requirement by the school  district  a  reasonable  time
 3    prior  to  commencement  of  the remediation program that the
 4    student is to attend.  The State  shall  be  responsible  for
 5    providing  school  districts  with  the  new  and  additional
 6    funding,  under  Section  2-3.51.5  or by other or additional
 7    means, that is required to enable the  districts  to  operate
 8    remediation  programs  for  the  pupils  who  are required to
 9    enroll in and  attend  those  programs  under  this  Section.
10    Every  individualized  educational  program  as  described in
11    Article 14 shall identify if the  State  test  or  components
12    thereof  are  appropriate for that student.  For those pupils
13    for whom the  State  tests  or  components  thereof  are  not
14    appropriate, the State Board of Education shall develop rules
15    and  regulations  governing the administration of alternative
16    tests  prescribed  within   each   student's   individualized
17    educational  program  which are appropriate to the disability
18    of each student.  All pupils who  are  in  a  State  approved
19    transitional  bilingual  education  program  or  transitional
20    program  of instruction shall participate in the State tests.
21    School  personnel  may  consider  not  giving  the   Illinois
22    Standards  Achievement  Test or the Prairie State Achievement
23    Examination to any student who has been enrolled in  a  State
24    approved  bilingual  education program less than 3 cumulative
25    academic years shall be exempted if  the  student's  lack  of
26    English as determined by an English language proficiency test
27    would keep the student from understanding the test., and That
28    student   student's   district  shall  participate  in  State
29    assessments  developed  for  students  with  limited  English
30    proficiency, unless the student was enrolled  in  a  district
31    after  September  30 and therefore has not attended school in
32    that district for a full academic year  have  an  alternative
33    test  program  in place for that student.  The State Board of
34    Education shall appoint a task force  of  concerned  parents,
 
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 1    teachers,  school  administrators  and other professionals to
 2    assist in  identifying  such  alternative  tests.  Reasonable
 3    accommodations  as prescribed by the State Board of Education
 4    shall be provided for  individual  students  in  the  testing
 5    procedure.  All test procedures prescribed by the State Board
 6    of Education shall require: (i) that each test used for State
 7    and local student testing under this Section identify by name
 8    the  pupil  taking  the test; (ii) that the name of the pupil
 9    taking the test be placed on the test at the time the test is
10    taken; (iii) that the results or scores of  each  test  taken
11    under  this  Section  by  a  pupil  of the school district be
12    reported to that district and identify by name the pupil  who
13    received  the  reported  results or scores; and (iv) that the
14    results or scores of each test taken under  this  Section  be
15    made  available  to  the  parents of the pupil.  In addition,
16    beginning with the 2000-2001 school year and in  each  school
17    year  thereafter,  the  highest  scores and any Prairie State
18    Achievement Awards performance levels attained by  a  student
19    on  the  Prairie  State  Achievement Examination administered
20    under subsection (c) of this Section shall become part of the
21    student's permanent  record  and  shall  be  entered  on  the
22    student's  transcript  pursuant to regulations that the State
23    Board of Education  shall  promulgate  for  that  purpose  in
24    accordance  with Section 3 and subsection (e) of Section 2 of
25    the Illinois School Student Records Act.  Beginning with  the
26    1998-1999  school  year  and in every school year thereafter,
27    scores received by students on  the  State  assessment  tests
28    administered  in  grades  3  through  8  shall be placed into
29    students' temporary records.  The State  Board  of  Education
30    shall  establish a common month in each school year for which
31    State testing shall occur to  meet  the  objectives  of  this
32    Section.   However,  if  the schools of a district are closed
33    and classes  are  not  scheduled  during  any  week  that  is
34    established  by  the  State Board of Education as the week of
 
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 1    the month when State testing under this Section shall  occur,
 2    the school district may administer the required State testing
 3    at  any  time up to 2 weeks following the week established by
 4    the State Board of Education for the testing, so long as  the
 5    school  district  gives  the State Board of Education written
 6    notice of its  intention  to  deviate  from  the  established
 7    schedule  by December 1 of the school year in which falls the
 8    week established by the State  Board  of  Education  for  the
 9    testing.  Mandatory  make-up testing must occur on designated
10    make-up  testing  dates  for  State  assessments.   A  school
11    district shall maintain a file that  contains  the  names  of
12    students  who  were  not  tested  and  statements  for  these
13    students  that explain why they were not tested.  The maximum
14    time allowed for  all  actual  testing  required  under  this
15    subsection  during  the school year shall not exceed 25 hours
16    as allocated among the required tests by the State  Board  of
17    Education.
18        (a-5)  All  tests  administered  pursuant to this Section
19    shall be  academically  based.   For  the  purposes  of  this
20    Section   "academically   based   tests"   shall  mean  tests
21    consisting of questions and answers that are  measurable  and
22    quantifiable  to measure the knowledge, skill, and ability of
23    students in  the  subject  matters  covered  by  tests.   The
24    scoring of academically based tests shall be reliable, valid,
25    unbiased  and  shall meet the guidelines for test development
26    and use prescribed by the American Psychological Association,
27    the National Council of Measurement and Evaluation,  and  the
28    American Educational Research Association. Academically based
29    tests   shall  not  include  assessments  or  evaluations  of
30    attitudes, values, or beliefs,  or  testing  of  personality,
31    self-esteem,  or self-concept. Nothing in this amendatory Act
32    is  intended,  nor  shall  it  be  construed,   to   nullify,
33    supersede,  or  contradict the legislative intent on academic
34    testing expressed during the passage of HB 1005/P.A. 90-296.
 
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 1        Beginning in the 1998-1999 school year, the  State  Board
 2    of  Education  may,  on  a  pilot basis, include in the State
 3    assessments in reading and math at each grade level tested no
 4    more than 2 short answer questions, where  students  have  to
 5    respond   in   brief   to   questions   or  prompts  or  show
 6    computations, rather than select from alternatives  that  are
 7    presented.   In  the first year that such questions are used,
 8    scores on the short answer questions shall not be reported on
 9    an individual student basis but shall be aggregated for  each
10    school  building  in which the tests are given.  State-level,
11    school, and district scores shall be reported both  with  and
12    without the results of the short answer questions so that the
13    effect  of  short  answer  questions  is clearly discernible.
14    Beginning in the second year of this pilot program, scores on
15    the short answer questions  shall  be  reported  both  on  an
16    individual  student  basis  and on a school building basis in
17    order  to  monitor  the  effects  of  teacher  training   and
18    curriculum improvements on score results.
19        The  State  Board of Education shall not continue the use
20    of  short  answer  questions  in   the   math   and   reading
21    assessments,  or  extend  the  use of such questions to other
22    State assessments, unless  this  pilot  project  demonstrates
23    that   the  use  of  short  answer  questions  results  in  a
24    statistically significant improvement in student  achievement
25    as measured on the State assessments for math and reading and
26    is justifiable in terms of cost and student performance.
27        Beginning  in  the 2003-2004 school year, the State Board
28    of Education shall not make significant changes in the design
29    of State assessments,  other  than  changing  test  items  as
30    needed   to   maintain   the  validity  and  security  of  an
31    assessment, for a minimum of  5  school  years  in  order  to
32    ensure   a   continuous,   comparable   record   of   student
33    performance.
34        (b)  It  shall  be  the  policy of the State to encourage
 
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 1    school districts to continuously test  pupil  proficiency  in
 2    the  fundamental  learning  areas  in  order to:  (i) provide
 3    timely  information  on  individual   students'   performance
 4    relative  to  State  standards  that  is  adequate  to  guide
 5    instructional  strategies;  (ii)  improve future instruction;
 6    and (iii) complement the information provided  by  the  State
 7    testing  system  described  in this Section.  Each district's
 8    school improvement plan must address specific activities  the
 9    district intends to implement to assist pupils who by teacher
10    judgment  and test results as prescribed in subsection (a) of
11    this Section demonstrate that  they  are  not  meeting  State
12    standards  or  local objectives. Such activities may include,
13    but shall not be limited to, summer school,  extended  school
14    day,    special   homework,   tutorial   sessions,   modified
15    instructional   materials,   other   modifications   in   the
16    instructional program, reduced class  size  or  retention  in
17    grade.    To   assist   school  districts  in  testing  pupil
18    proficiency in reading in the primary grades, the State Board
19    shall  make  optional  reading  inventories  for   diagnostic
20    purposes available to each school district that requests such
21    assistance.     Districts   that   administer   the   reading
22    inventories may develop remediation programs for students who
23    perform in the bottom half of the student population.   Those
24    remediation  programs  may be funded by moneys provided under
25    the School Safety and  Educational  Improvement  Block  Grant
26    Program  established under Section 2-3.51.5.  Nothing in this
27    Section shall  prevent  school  districts  from  implementing
28    testing  and  remediation  policies  for  grades not required
29    under this Section.
30        (c)  Beginning  with  the  2000-2001  school  year,  each
31    school district that  operates  a  high  school  program  for
32    students in grades 9 through 12 shall annually administer the
33    Prairie  State Achievement Examination established under this
34    subsection to its students as set forth below.   The  Prairie
 
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 1    State Achievement Examination shall be developed by the State
 2    Board  of  Education  to  measure  student performance in the
 3    academic areas of reading, writing, mathematics, science, and
 4    social  sciences.   The  State  Board  of   Education   shall
 5    establish  the  academic  standards  that  are  to  apply  in
 6    measuring   student   performance   on   the   Prairie  State
 7    Achievement Examination  including  the  minimum  examination
 8    score  in  each area that will qualify a student to receive a
 9    Prairie State Achievement Award from the State in recognition
10    of the student's excellent performance.  Each school district
11    that is subject to the requirements of  this  subsection  (c)
12    shall afford all students 2 opportunities to take the Prairie
13    State  Achievement Examination beginning as late as practical
14    during the second semester of  grade  11,  but  in  no  event
15    before  March 1.  The State Board of Education shall annually
16    notify districts of the specific dates on weeks during  which
17    these  test  administrations  shall  be  required  to  occur.
18    Mandatory  make-up  testing  must occur on designated make-up
19    testing dates.  A school district shall maintain a file  that
20    contains  the  names  of  students  who  were  not tested and
21    statements for these students that explain why they were  not
22    tested. Every individualized educational program as described
23    in Article 14 shall identify if the Prairie State Achievement
24    Examination  or  components  thereof are appropriate for that
25    student.  Each  student,  exclusive  of   a   student   whose
26    individualized educational program developed under Article 14
27    identifies  the  Prairie  State  Achievement  Examination  as
28    inappropriate   for   the   student   or   a   student  in  a
29    State-approved transitional bilingual education program or  a
30    transitional  program  of  instruction  who is administered a
31    State assessment developed for students with limited  English
32    proficiency in accordance with the requirements of subsection
33    (a)   of   this  Section,  shall  be  required  to  take  the
34    examination in grade 11.  For each academic  area  the  State
 
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 1    Board  of  Education shall establish the score that qualifies
 2    for the Prairie State Achievement Award on  that  portion  of
 3    the  examination.  Any student who fails to earn a qualifying
 4    score for a Prairie State Achievement Award  in  any  one  or
 5    more of the academic areas on the initial test administration
 6    or  who  wishes to improve his or her score on any portion of
 7    the examination shall be permitted to retake such portion  or
 8    portions of the examination during grade 12.  Districts shall
 9    inform   their  students  of  the  timelines  and  procedures
10    applicable   to   their   participation   in   every   yearly
11    administration of the Prairie State Achievement  Examination.
12    Students   receiving   special   education   services   whose
13    individualized  educational  programs  identify  the  Prairie
14    State  Achievement  Examination  as  inappropriate  for  them
15    nevertheless shall have the option of taking the examination,
16    which  shall  be administered to those students in accordance
17    with standards adopted  by the State Board  of  Education  to
18    accommodate  the  respective  disabilities of those students.
19    All pupils who are enrolled in a State-approved  transitional
20    bilingual   education  program  or  transitional  program  of
21    instruction and whose lack of English  as  determined  by  an
22    English  language  proficiency  test  would  keep  them  from
23    understanding   the  Prairie  State  Achievement  Examination
24    nevertheless shall have the option of taking the examination.
25    A student who successfully  completes  all  other  applicable
26    high  school  graduation  requirements but fails to receive a
27    score on  the  Prairie  State  Achievement  Examination  that
28    qualifies   the  student  for  receipt  of  a  Prairie  State
29    Achievement Award shall nevertheless qualify for the  receipt
30    of a regular high school diploma.
31        (d)  Beginning   with  the  2002-2003  school  year,  all
32    schools in this State that are part of the  sample  drawn  by
33    the    National   Center   for   Education   Statistics,   in
34    collaboration with their school districts and the State Board
 
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 1    of Education, shall administer the  biennial  State  academic
 2    assessments  of  4th  and  8th  grade reading and mathematics
 3    under the National Assessment of Educational Progress carried
 4    out  under  Section  411(b)(2)  of  the  National   Education
 5    Statistics  Act  of 1994 (20 U.S.C. 9010) if the Secretary of
 6    Education pays the costs of administering the assessments.
 7    (Source:  P.A. 91-283, eff. 7-29-99; 92-604, eff. 7-1-02.)

 8        (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
 9        Sec. 10-17a.  Better schools accountability.
10        (1)  Policy and Purpose.  It shall be the policy  of  the
11    State  of  Illinois  that each school district in this State,
12    including special charter districts and districts subject  to
13    the  provisions  of  Article  34,  shall  submit  to parents,
14    taxpayers  of  such  district,  the  Governor,  the   General
15    Assembly,  and  the  State Board of Education a school report
16    card assessing the performance of its schools  and  students.
17    The  report  card  shall  be  an  index of school performance
18    measured against  statewide  and  local  standards  and  will
19    provide information to make prior year comparisons and to set
20    future year targets through the school improvement plan.
21        (2)  Reporting  Requirements.  Each school district shall
22    prepare a report card in accordance with the  guidelines  set
23    forth  in this Section which describes the performance of its
24    students by school attendance centers and by district and the
25    district's  financial  resources   and   use   of   financial
26    resources.   Such report card shall be presented at a regular
27    school   board   meeting   subject   to   applicable   notice
28    requirements, posted on the school  district's  Internet  web
29    site,  if  the  district maintains an Internet web site, made
30    available to a newspaper of general circulation  serving  the
31    district,  and,  upon  request, sent home to a parent (unless
32    the district does not maintain an Internet web site, in which
33    case the report card shall be sent home  to  parents  without
 
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 1    request).   If  the  district  posts  the  report card on its
 2    Internet web site, the district shall send a  written  notice
 3    home to parents stating (i) that the report card is available
 4    on the web site, (ii) the address of the web site, (iii) that
 5    a  printed  copy  of  the report card will be sent to parents
 6    upon request, and (iv) the telephone number that parents  may
 7    call  to  request  a  printed  copy  of  the report card.  In
 8    addition, each school district  shall  submit  the  completed
 9    report   card  to  the  office  of  the  district's  Regional
10    Superintendent which  shall  make  copies  available  to  any
11    individuals requesting them.
12        The report card shall be completed and disseminated prior
13    to  October  31  in  each school year.  The report card shall
14    contain,  but  not  be  limited  to,  actual   local   school
15    attendance   center,   school  district  and  statewide  data
16    indicating the present performance of the school,  the  State
17    norms  and  the  areas for planned improvement for the school
18    and school district.
19        (3) (a)  The report  card  shall  include  the  following
20    applicable  indicators  of  attendance  center, district, and
21    statewide student performance: percentage percent of students
22    who exceed, meet, or do not meet standards established by the
23    State  Board  of  Education  pursuant  to  Section   2-3.25a;
24    composite  and subtest means on nationally normed achievement
25    tests for college bound students; student  attendance  rates;
26    chronic  truancy  rate;  dropout  rate;  graduation rate; and
27    student mobility, turnover shown as a percentage  percent  of
28    transfers  out  and  a  percentage  percent  of transfers in.
29    Beginning with the 2003 report card,  the  indicator  for  an
30    attendance  center  and  for  a district of the percentage of
31    students who exceed, meet, or do not meet standards shall  be
32    only  for  students  enrolled in the school or district on or
33    before November 1  of  the  school  year  in  which  a  State
34    assessment is given.
 
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 1        (b)  The   report   card   shall  include  the  following
 2    descriptions for the school, district,  and  State:   average
 3    class  size;  amount  of time per day devoted to mathematics,
 4    science, English and social science at  primary,  middle  and
 5    junior  high  school  grade  levels;  percentage  of students
 6    taking required State assessments; number of students  taking
 7    the  Prairie  State  Achievement Examination under subsection
 8    (c) of Section 2-3.64,  the  number  of  those  students  who
 9    received  a  score  of  excellent,  and  the average score by
10    school of  students  taking  the  examination;  pupil-teacher
11    ratio;  pupil-administrator  ratio; operating expenditure per
12    pupil; district expenditure by  fund;  average  administrator
13    salary;  and  average teacher salary. Beginning with the 2003
14    report  card,  the  Prairie  State  Achievement   Examination
15    descriptions  for  a  school and for a district shall be only
16    for students enrolled in the school or district on or  before
17    November  1  of  the  school year in which the examination is
18    given. The report card shall also specify the amount of money
19    that  the  district  receives  from  all  sources,  including
20    without limitation subcategories specifying the  amount  from
21    local  property taxes, the amount from general State aid, the
22    amount from other State funding, and the  amount  from  other
23    income.
24        (c)  The  report card shall include applicable indicators
25    of parental  involvement  in  each  attendance  center.   The
26    parental  involvement  component  of  the  report  card shall
27    include the percentage of students whose parents or guardians
28    have had one or more personal  contacts  with  the  students'
29    teachers  during  the  school  year  concerning the students'
30    education,  and  such  other  information,  commentary,   and
31    suggestions as the school district desires.  For the purposes
32    of  this  paragraph,  "personal contact" includes, but is not
33    limited to, parent-teacher conferences,  parental  visits  to
34    school,  school  visits to home, telephone conversations, and
 
                            -14-     LRB093 04738 NHT 04794 b
 1    written correspondence.  The parental  involvement  component
 2    shall   not  single  out  or  identify  individual  students,
 3    parents, or guardians by name.
 4        (d)  The report card form shall be prepared by the  State
 5    Board  of  Education  and provided to school districts by the
 6    most efficient, economic, and appropriate means.
 7    (Source: P.A. 92-604,  eff.  7-1-02;  92-631,  eff.  7-11-02;
 8    revised 7-26-02.)

 9        Section  90.  The State Mandates Act is amended by adding
10    Section 8.27 as follows:

11        (30 ILCS 805/8.27 new)
12        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
13    and  8 of this Act, no reimbursement by the State is required
14    for  the  implementation  of  any  mandate  created  by  this
15    amendatory Act of the 93rd General Assembly.

16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.