093_SB0878enr

 
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 1        AN  ACT to implement the federal No Child Left Behind Act
 2    of 2001.

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

 5        Section  5.   The  School  Code  is  amended  by changing
 6    Sections  2-3.25a,  2-3.25b,   2-3.25c,   2-3.25d,   2-3.25e,
 7    2-3.25f,  2-3.25g,  2-3.25h,  2-3.25i,  2-3.25j,  7-8, 7A-15,
 8    11A-17, 11B-14, 11D-12, and 21-27 and adding Sections 2-3.25m
 9    and 2-3.25n as follows:

10        (105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
11        Sec.  2-3.25a.   "School  district"  defined;  additional
12    standards.
13        (a)  For the purposes of this Section and Sections 3.25b,
14    3.25c,  3.25d,  3.25e,  and  3.25f  of  this  Code,   "school
15    district"  includes  other  public  entities  responsible for
16    administering public schools,  such  as  cooperatives,  joint
17    agreements,   charter  schools,  special  charter  districts,
18    regional  offices  of  education,  local  agencies,  and  the
19    Department of Human Services.
20        (b)  In addition to the standards established pursuant to
21    Section 2-3.25, the State Board of  Education  shall  develop
22    recognition  standards  for  student  performance  and school
23    improvement  in  all  public  schools  operated   by   school
24    districts.   The  indicators  to  determine  adequate  yearly
25    progress  assess  student  performance and school improvement
26    shall include but need not be limited to the State assessment
27    of student performance  in  reading  and  mathematics,  local
28    assessment   results,   student   attendance   rates  at  the
29    elementary school level, retention  rates,  expulsion  rates,
30    and   graduation   rates   at  the  high  school  level,  and
31    participation rates on student assessments.    The  standards
 
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 1    shall  be  designed  to  permit  the  measurement of a school
 2    district  to   measure   student   performance   and   school
 3    improvement  by schools and school districts school buildings
 4    compared to student performance and  school  improvement  for
 5    the preceding academic years.
 6        The  provisions  of  this  Section  are  subject  to  the
 7    provisions of Section 2-3.25k.
 8    (Source: P.A. 89-398, eff. 8-20-95.)

 9        (105 ILCS 5/2-3.25b) (from Ch. 122, par. 2-3.25b)
10        Sec.  2-3.25b.   Recognition  levels.  The State Board of
11    Education  shall,   consistent   with   adopted   recognition
12    standards,    provide    for   levels   of   recognition   or
13    nonrecognition.   The  State   Board   of   Education   shall
14    promulgate  rules  governing  the  procedures  whereby school
15    districts may appeal a recognition level.
16        Subject to the provisions of Section 2-3.25k,  The  State
17    Board  of  Education shall have the authority to collect from
18    schools and school  districts  the  information,  data,  test
19    results,   student   performance   and   school   improvement
20    indicators as may be necessary to implement and carry out the
21    purposes of this Act.
22    (Source: P.A. 89-398, eff. 8-20-95.)

23        (105 ILCS 5/2-3.25c) (from Ch. 122, par. 2-3.25c)
24        Sec.  2-3.25c.   Rewards and acknowledgements.  The State
25    Board of Education shall implement a system  of  rewards  for
26    school  districts,  and  the schools themselves, to recognize
27    and reward schools whose students  and  schools  consistently
28    meet   adequate  yearly  progress  criteria  for  2  or  more
29    consecutive years and a system  to  acknowledge  schools  and
30    districts  that  meet  adequate yearly progress criteria in a
31    given year as specified  in  Section  2-3.25d  of  this  Code
32    perform  at  high  levels  or  which  demonstrate outstanding
 
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 1    improvement.
 2        If a school or  school  district  meets  adequate  yearly
 3    progress criteria for 2 consecutive school years, that school
 4    or  district  shall be exempt from review and approval of its
 5    improvement plan for the next 2 succeeding school years.
 6    (Source: P.A. 87-559.)

 7        (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
 8        Sec. 2-3.25d.  Academic early warning  and  watch  status
 9    list.
10        (a)  Those  schools  that  do  not  meet  adequate yearly
11    progress  criteria,  as  specified  by  the  State  Board  of
12    Education, for 2 consecutive annual  calculations,  shall  be
13    placed  on  academic early warning status for the next school
14    year. Schools on academic early warning status  that  do  not
15    meet  adequate  yearly  progress  criteria for a third annual
16    calculation shall remain on academic  early  warning  status.
17    Schools  on  academic  early  warning status that do not meet
18    adequate  yearly  progress  criteria  for  a  fourth   annual
19    calculation shall be placed on initial academic watch status.
20    Schools  on  academic  watch status that do not meet adequate
21    yearly progress criteria for a  fifth  or  subsequent  annual
22    calculation shall remain on academic watch status. Schools on
23    academic  early  warning  or  academic watch status that meet
24    adequate yearly progress criteria for one annual  calculation
25    shall  be  acknowledged  for  making  improvement  and  shall
26    maintain  their  current  statuses  for the next school year.
27    Schools on academic early warning or  academic  watch  status
28    that meet adequate yearly progress criteria for 2 consecutive
29    annual   calculations  shall  be  considered  as  having  met
30    expectations  and  shall   be   removed   from   any   status
31    designation.
32        The school district of a school placed on either academic
33    early  warning status or academic watch status may appeal the
 
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 1    status to the State Board of  Education  in  accordance  with
 2    Section 2-3.25m of this Code.
 3        A  school  district  that  has  one  or  more  schools on
 4    academic early warning or academic watch status shall prepare
 5    a revised  School  Improvement  Plan  or  amendments  thereto
 6    setting  forth  the district's expectations for removing each
 7    school from academic early warning or academic  watch  status
 8    and  for improving student performance in the affected school
 9    or schools. Districts operating under Article 34 of this Code
10    may  prepare  the  School  Improvement  Plan  required  under
11    Section 34-2.4 of this Code.
12        The revised School Improvement Plan for a school that  is
13    initially  placed  on  academic  early warning status or that
14    remains on academic early warning status after a third annual
15    calculation must be approved by the school board (and by  the
16    school's  local  school council in a district operating under
17    Article 34 of this Code, unless the school  is  on  probation
18    pursuant to subsection (c) of Section 34-8.3 of this Code).
19        The  revised  School Improvement Plan for a school placed
20    on initial  academic  watch  status  after  a  fourth  annual
21    calculation  must be approved by the school board (and by the
22    school's local school council in a district  operating  under
23    Article  34  of  this Code, unless the school is on probation
24    pursuant to subsection (c) of Section 34-8.3  of  this  Code)
25    and the State Superintendent of Education.
26        The  revised  School  Improvement  Plan for a school that
27    remains  on  academic  watch  status  after  a  fifth  annual
28    calculation must be approved by the school board (and by  the
29    school's  local  school council in a district operating under
30    Article 34 of this Code, unless the school  is  on  probation
31    pursuant  to  subsection  (c) of Section 34-8.3 of this Code)
32    and the State Superintendent of Education. In  addition,  the
33    district  must  develop  a  school restructuring plan for the
34    school that must be approved by the school board (and by  the
 
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 1    school's  local  school council in a district operating under
 2    Article 34 of this Code) and  subsequently  approved  by  the
 3    State Superintendent of Education.
 4        A  school  on  academic  watch  status that does not meet
 5    adequate  yearly  progress  criteria  for  a   sixth   annual
 6    calculation shall implement its approved school restructuring
 7    plan  beginning  with  the  next  school year, subject to the
 8    State interventions specified  in  Section  2-3.25f  of  this
 9    Code.
10        (b)  Those  school  districts  that  do not meet adequate
11    yearly progress criteria, as specified by the State Board  of
12    Education,  for  2  consecutive annual calculations, shall be
13    placed on academic early warning status for the  next  school
14    year.  Districts on academic early warning status that do not
15    meet adequate yearly progress criteria  for  a  third  annual
16    calculation  shall  remain  on academic early warning status.
17    Districts on academic early warning status that do  not  meet
18    adequate   yearly  progress  criteria  for  a  fourth  annual
19    calculation shall be placed on initial academic watch status.
20    Districts on academic watch status that do not meet  adequate
21    yearly  progress  criteria  for  a fifth or subsequent annual
22    calculation shall remain on academic watch status.  Districts
23    on  academic early warning or academic watch status that meet
24    adequate yearly progress criteria for one annual  calculation
25    shall  be  acknowledged  for  making  improvement  and  shall
26    maintain  their  current  statuses  for the next school year.
27    Districts on academic early warning or academic watch  status
28    that meet adequate yearly progress criteria for 2 consecutive
29    annual   calculations  shall  be  considered  as  having  met
30    expectations  and  shall   be   removed   from   any   status
31    designation.
32        A district placed on either academic early warning status
33    or  academic  watch status may appeal the status to the State
34    Board of Education in accordance with Section 2-3.25m of this
 
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 1    Code.
 2        Districts on academic early  warning  or  academic  watch
 3    status   shall   prepare   a  District  Improvement  Plan  or
 4    amendments thereto setting forth the district's  expectations
 5    for  removing  the  district  from  academic early warning or
 6    academic watch status and for improving  student  performance
 7    in the district.
 8        The  District  Improvement  Plan  for  a district that is
 9    initially placed on academic early  warning  status  must  be
10    approved by the school board.
11        The revised District Improvement Plan for a district that
12    remains on academic early warning status after a third annual
13    calculation must be approved by the school board.
14        The  revised  District Improvement Plan for a district on
15    initial  academic  watch  status  after   a   fourth   annual
16    calculation  must  be  approved  by  the school board and the
17    State Superintendent of Education.
18        The revised District Improvement Plan for a district that
19    remains  on  academic  watch  status  after  a  fifth  annual
20    calculation must be approved by  the  school  board  and  the
21    State  Superintendent of Education. In addition, the district
22    must develop a  district  restructuring  plan  that  must  be
23    approved  by the school board and the State Superintendent of
24    Education.
25        A district on academic watch status that  does  not  meet
26    adequate   yearly   progress  criteria  for  a  sixth  annual
27    calculation   shall   implement   its    approved    district
28    restructuring  plan  beginning  with  the  next  school year,
29    subject to  the  State  interventions  specified  in  Section
30    2-3.25f of this Code.
31        (c)  All  revised  School  and District Improvement Plans
32    shall  be  developed  in  collaboration  with  staff  in  the
33    affected school or school district. All  revised  School  and
34    District Improvement Plans shall be developed, submitted, and
 
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 1    approved  pursuant  to  rules  adopted  by the State Board of
 2    Education.  The  revised  Improvement  Plan   shall   address
 3    measurable outcomes for improving student performance so that
 4    such  performance  meets adequate yearly progress criteria as
 5    specified by the State Board of Education.
 6        (d)  All federal requirements apply to schools and school
 7    districts utilizing federal funds under Title I,  Part  A  of
 8    the  federal  Elementary and Secondary Education Act of 1965.
 9    Those schools that are not meeting the standards of  academic
10    performance  measured  by  the  State  assessment  of student
11    performance as specified by the State Board of Education  may
12    be  placed on an academic watch list established by the State
13    Superintendent of Education after serving for 2 years on  the
14    State  Board  of  Education  Early  Academic Warning List and
15    shall be  subject  to  an  on-site  visitation  to  determine
16    whether extenuating circumstances exist as to why a school or
17    schools should not be placed on an academic watch list by the
18    State Superintendent of Education.
19        A  school  district  that  has one or more schools on the
20    academic watch list shall submit a revised School Improvement
21    Plan or  amendments  thereto  setting  forth  the  district's
22    expectations  for  removing  each school in the district from
23    the academic watch list and for improving student performance
24    in that school. Districts operating under Article 34  of  The
25    School  Code  may submit the School Improvement Plan required
26    under Section 34-2.4.   If  any  district  submits  a  School
27    Improvement  Plan which exceeds 2 years in duration, the Plan
28    shall contain provisions for evaluation and determination  as
29    to   the   improvement   of  student  performance  or  school
30    improvement after no later than 2 years. The  revised  School
31    Improvement  Plan or amendments thereto shall be developed in
32    consultation with the staff of the affected school  and  must
33    be  approved by the local board of education and the school's
34    local school council for districts operating under Article 34
 
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 1    of the School Code. Revised School Improvement Plans must  be
 2    submitted   for  approval  to  the  State  Superintendent  of
 3    Education pursuant to rules and  regulations  promulgated  by
 4    the State Board of Education.  The revised School Improvement
 5    Plan   shall   address   specific,  measurable  outcomes  for
 6    improving student performance so that such performance equals
 7    or exceeds standards set for the school by the State Board of
 8    Education.
 9        A school or schools shall remain on  the  academic  watch
10    list  for  at  least  one  full  academic  year.  During each
11    academic year for which a school is  on  the  academic  watch
12    list  it  shall  continue to be evaluated and assessed by the
13    State Board of Education as to whether it is meeting outcomes
14    identified in its revised School Improvement Plan.
15        The  provisions  of  this  Section  are  subject  to  the
16    provisions of Section 2-3.25k.
17    (Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

18        (105 ILCS 5/2-3.25e) (from Ch. 122, par. 2-3.25e)
19        Sec. 2-3.25e.  School  and  district  improvement  panels
20    panel.  A  school or school district that has a school on the
21    academic watch status list shall have a  school  or  district
22    improvement  panel  appointed  by the State Superintendent of
23    Education.  Members appointed to the panel shall include, but
24    not  be  limited  to,  individuals  who  are  familiar   with
25    educational  issues.   The  State Superintendent of Education
26    shall designate one member of the panel to serve as chairman.
27    Any panel appointed for a school operated under Article 34 of
28    the School Code shall include one or  more  members  selected
29    from the school's subdistrict council and one or more members
30    from  the  school's  local  school  council.   The  school or
31    district improvement panel shall (1)  assist  the  school  or
32    district  in  the development and implementation of a revised
33    School Improvement Plan and amendments thereto and, (2)  make
 
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 1    progress  reports and comments to the State Superintendent of
 2    Education pursuant to rules promulgated by the State Board of
 3    Education, and (3) have the authority to review  and  approve
 4    or  disapprove  all  actions  of  the board of education that
 5    pertain to implementation of the revised  School  Improvement
 6    Plan.   The revised School Improvement Plan must be developed
 7    in consultation with the staff of  the  affected  school  and
 8    approved  by  the  appropriate  board  of  education  and for
 9    districts operated under Article 34 of the  School  Code  the
10    school's  local  school council. Following that approval, the
11    plan shall  be  submitted  to  the  State  Superintendent  of
12    Education for approval.
13        The  provisions  of  this  Section  are  subject  to  the
14    provisions of Section 2-3.25k.
15    (Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

16        (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
17        Sec. 2-3.25f.  State interventions.
18        (a)  A school or school district must submit the required
19    revised  Improvement  Plan  pursuant  to rules adopted by the
20    State Board of Education. The State Board of Education  shall
21    provide  technical  assistance to assist with the development
22    and implementation of the improvement plan. School  districts
23    that fail to submit required School Improvement Plans or fail
24    to obtain approval of such plans pursuant to rules adopted by
25    the  State  Board  of Education may have State funds withheld
26    until such plans are submitted.
27        Schools or school districts that fail to make  reasonable
28    efforts  to implement an approved School Improvement Plan may
29    suffer loss of State funds  by  school  district,  attendance
30    center,  or  program  as  the  State Board of Education deems
31    appropriate.
32        The  provisions  of  this  subsection  (a)  relating   to
33    submission  and  approval  of  School  Improvement  Plans are
 
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 1    subject to the provisions of Section 2-3.25k.
 2        (b)  In addition,  if  after  3  2  years  following  its
 3    placement on the academic watch status list a school district
 4    or  school  remains  on  the  academic watch status list, the
 5    State Board of Education shall  take  one  of  the  following
 6    actions for the district or school:
 7             (1)  1.  The  State Board of Education may authorize
 8        the State  Superintendent  of  Education  to  direct  the
 9        regional superintendent of schools to remove school board
10        members  pursuant  to Section 3-14.28 of this Code. Prior
11        to such direction the  State  Board  of  Education  shall
12        permit members of the local board of education to present
13        written   and   oral  comments  to  the  State  Board  of
14        Education. The State Board of Education  may  direct  the
15        State   Superintendent   of   Education   to  appoint  an
16        Independent Authority that shall exercise such powers and
17        duties as may be necessary to operate a school or  school
18        district  for purposes of improving pupil performance and
19        school  improvement.    The   State   Superintendent   of
20        Education  shall  designate one member of the Independent
21        Authority to serve as chairman. The Independent Authority
22        shall serve for a period of time specified by  the  State
23        Board  of  Education upon the recommendation of the State
24        Superintendent of Education.; or
25             (2) 2.  The State Board of Education may (A)  change
26        the  recognition  status of the school district or school
27        to nonrecognized (a) nonrecognize the school district  or
28        school, or (B) (b) may authorize the State Superintendent
29        of  Education  to  direct  the  reassignment of pupils or
30        direct the reassignment or replacement of school district
31        personnel  who  are  relevant  to  the  failure  to  meet
32        adequate  yearly  progress  criteria  and  administrative
33        staff.  If a school  district  is  nonrecognized  in  its
34        entirety,  it  shall automatically be dissolved on July 1
 
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 1        following that nonrecognition and its territory realigned
 2        with another school district or districts by the regional
 3        board  of  school  trustees  in   accordance   with   the
 4        procedures  set forth in Section 7-11 of the School Code.
 5        The effective date of  the  nonrecognition  of  a  school
 6        shall be July 1 following the nonrecognition.
 7        (c)  All federal requirements apply to schools and school
 8    districts  utilizing  federal  funds under Title I, Part A of
 9    the federal Elementary and Secondary Education Act of 1965.
10    (Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

11        (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
12        Sec. 2-3.25g.  Waiver or modification of mandates  within
13    the  School  Code  and  administrative rules and regulations.
14    Notwithstanding any other provisions of this School  Code  or
15    any other law of this State to the contrary, school districts
16    may  petition  the State Board of Education for the waiver or
17    modification of the mandates of this School Code  or  of  the
18    administrative rules and regulations promulgated by the State
19    Board    of   Education.    Waivers   or   modifications   of
20    administrative rules and  regulations  and  modifications  of
21    mandates  of  this School Code may be requested when a school
22    district demonstrates that it can address the intent  of  the
23    rule or mandate in a more effective, efficient, or economical
24    manner  or  when necessary to stimulate innovation or improve
25    student performance.  Waivers of mandates of the School  Code
26    may  be requested when the waivers are necessary to stimulate
27    innovation or improve student performance.  Waivers  may  not
28    be  requested from laws, rules, and regulations pertaining to
29    special education, teacher certification, or  teacher  tenure
30    and  seniority  or  from  compliance  with  the No Child Left
31    Behind Act of 2001 (Public Law 107-110).
32        School districts, as  a  matter  of  inherent  managerial
33    policy,  and  any  Independent  Authority  established  under
 
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 1    Section  2-3.25f  may  submit  an application for a waiver or
 2    modification authorized under this Section.  Each application
 3    must include a written request  by  the  school  district  or
 4    Independent Authority and must demonstrate that the intent of
 5    the  mandate can be addressed in a more effective, efficient,
 6    or economical manner or be based upon  a  specific  plan  for
 7    improved  student  performance  and  school improvement.  Any
 8    district requesting a waiver or modification for  the  reason
 9    that  intent  of  the  mandate  can  be  addressed  in a more
10    economical manner shall include in the application  a  fiscal
11    analysis  showing  current  expenditures  on  the mandate and
12    projected savings resulting from the waiver or  modification.
13    Applications  and plans developed by school districts must be
14    approved by  each  board  of  education  following  a  public
15    hearing  on  the application and plan and the opportunity for
16    the board to hear testimony from educators directly  involved
17    in  its  implementation,  parents,  and  students. The public
18    hearing must be preceded by at  least  one  published  notice
19    occurring at least 7 days prior to the hearing in a newspaper
20    of  general  circulation within the school district that sets
21    forth the time, date, place, and general  subject  matter  of
22    the  hearing.  The school district must notify in writing the
23    affected  exclusive  collective  bargaining  agent   of   the
24    district's   intent   to   seek   approval  of  a  waiver  or
25    modification and of the hearing to be held to take  testimony
26    from educators.  The affected exclusive collective bargaining
27    agents  shall  be  notified of such public hearing at least 7
28    days prior to the date of the hearing and shall be allowed to
29    attend such public hearing.
30        A request for a waiver or modification of  administrative
31    rules  and  regulations  or  for  a  modification of mandates
32    contained in this School Code shall be submitted to the State
33    Board of Education within 15 days after approval by the board
34    of education.  Following receipt of the  request,  the  State
 
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 1    Board  shall  have  45  days  to  review  the application and
 2    request.   If  the  State  Board  fails  to  disapprove   the
 3    application   within  that  45  day  period,  the  waiver  or
 4    modification shall be deemed granted.  The  State  Board  may
 5    disapprove  any  request  if  it  is  not  based  upon  sound
 6    educational  practices,  endangers  the  health  or safety of
 7    students  or  staff,  compromises  equal  opportunities   for
 8    learning, or fails to demonstrate that the intent of the rule
 9    or  mandate  can be addressed in a more effective, efficient,
10    or economical manner or have improved student performance  as
11    a  primary  goal.  Any request disapproved by the State Board
12    may be appealed to the General  Assembly  by  the  requesting
13    school district as outlined in this Section.
14        A  request  for  a waiver from mandates contained in this
15    School Code shall be submitted to the State Board  within  15
16    days  after  approval  by  the board of education.  The State
17    Board  shall  review  the  applications  and   requests   for
18    completeness  and shall compile the requests in reports to be
19    filed with the General Assembly. The State Board  shall  file
20    reports  outlining  the waivers requested by school districts
21    and appeals by school districts of  requests  disapproved  by
22    the   State   Board   with   the  Senate  and  the  House  of
23    Representatives before each May 1 and October 1.  The General
24    Assembly may disapprove the report  of  the  State  Board  in
25    whole  or in part within 30 calendar days after each house of
26    the General Assembly next convenes after the report is  filed
27    by  adoption of a resolution by a record vote of the majority
28    of members elected in each house.  If  the  General  Assembly
29    fails  to  disapprove  any waiver request or appealed request
30    within such 30 day period, the waiver or  modification  shall
31    be  deemed  granted.   Any  resolution adopted by the General
32    Assembly disapproving a report of the State Board in whole or
33    in part shall be binding on the State Board.
34        An approved waiver or modification may remain  in  effect
 
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 1    for  a period not to exceed 5 school years and may be renewed
 2    upon application by the school district. However, such waiver
 3    or modification may be changed within that 5-year period by a
 4    local school district board following the  procedure  as  set
 5    forth  in this Section for the initial waiver or modification
 6    request.  If neither the State Board  of  Education  nor  the
 7    General Assembly disapproves, the change is deemed granted.
 8        On  or before February 1, 1998, and each year thereafter,
 9    the State Board of Education shall submit a cumulative report
10    summarizing all types of waiver mandates and modifications of
11    mandates granted by the State Board or the General  Assembly.
12    The  report shall identify the topic of the waiver along with
13    the number and percentage of school districts for  which  the
14    waiver  has  been granted.  The report shall also include any
15    recommendations from the State Board regarding the repeal  or
16    modification of waived mandates.
17    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
18    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

19        (105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
20        Sec.   2-3.25h.    Technical  assistance;  State  support
21    services.  Schools, school districts, local school  councils,
22    school  improvement  panels,  and  any  Independent Authority
23    established  under  Section  2-3.25f  may  receive  technical
24    assistance that through the State Board  of  Education  shall
25    make  available.  Such technical assistance shall may include
26    without limitation, but shall not be limited  to,  assistance
27    in  the  areas  of  curriculum  evaluation, the instructional
28    process,  student  performance,  school  environment,   staff
29    effectiveness,   school  and  community  relations,  parental
30    involvement,  resource  management,  and   leadership,   data
31    analysis   processes   and  tools,  school  improvement  plan
32    guidance and feedback, information  regarding  scientifically
33    based   research-proven   curriculum   and  instruction,  and
 
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 1    professional  development  opportunities  for  teachers   and
 2    administrators.
 3    (Source: P.A. 87-559.)

 4        (105 ILCS 5/2-3.25i) (from Ch. 122, par. 2-3.25i)
 5        Sec. 2-3.25i.  Rules.  The State Board of Education shall
 6    promulgate  rules  and regulations necessary to implement the
 7    provisions of Public Act 87-559 and this  amendatory  Act  of
 8    the 93rd General Assembly 1991.  The State Board of Education
 9    may waive any of its rules or regulations which conflict with
10    Public  Act 87-559 or this amendatory Act of the 93rd General
11    Assembly except those requirements for special education  and
12    teacher certification.
13    (Source: P.A. 87-559.)

14        (105 ILCS 5/2-3.25j) (from Ch. 122, par. 2-3.25j)
15        Sec.   2-3.25j.    Implementation.  Commencing  with  the
16    1992-93 school year and thereafter  the  provisions  of  this
17    amendatory  Act  and  any  rules  adopted  hereunder shall be
18    implemented on a schedule identified by the  State  Board  of
19    Education  and  incorporated  as  an  integral  part  of  the
20    recognition  process  of  the  State Board of Education.  The
21    provisions of this Section and the  authority  of  the  State
22    Board of Education to adopt rules as provided in this Section
23    are subject to the provisions of Section 2-3.25k.
24    (Source: P.A. 89-398, eff. 8-20-95.)

25        (105 ILCS 5/2-3.25m new)
26        Sec.  2-3.25m.  Appeals.  The appeals process outlined in
27    this Section applies to all  appeals  from  school  districts
28    pertaining  to  school or district status levels, recognition
29    levels, or corrective action.  The State Board  of  Education
30    shall  provide  notice  and an opportunity for hearing to the
31    affected school district. The hearing shall  take  place  not
 
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 1    later  than 30 calendar days following receipt of the written
 2    appeal. The appeals advisory committee created  as  specified
 3    in   this  Section  may  extend  the  hearing  under  special
 4    circumstances, in consultation with the State  Superintendent
 5    of  Education.    The  State Board of Education may take into
 6    account exceptional or uncontrollable circumstances.
 7        The State Board of Education  shall  process  school  and
 8    district  appeals  through an appeals advisory committee. The
 9    committee shall be composed of 9  members  appointed  by  the
10    State Superintendent of Education as follows:
11             (1)  One  representative  of  each of 2 professional
12        teachers' organizations.
13             (2)  Two  school  administrators  employed  in   the
14        public  schools  of this State who have been nominated by
15        an administrator organization.
16             (3)  One member of an organization  that  represents
17        school principals.
18             (4)  One  member  of an organization that represents
19        both parents and teachers.
20             (5)  One representative of the business community of
21        this State who has been nominated by a statewide business
22        organization.
23             (6)  One representative of City  of  Chicago  School
24        District 299.
25             (7)  One member of the public.
26    Five  members  of  the  committee  shall serve for terms of 2
27    years, and 4 members shall serve for terms of  3  years.  The
28    State  Superintendent  of  Education  shall  appoint  initial
29    members  on  or  before  July  1,  2003.  The committee shall
30    annually elect one member as chairperson.
31        The committee shall hear appeals and, within 30  calendar
32    days  after a hearing, make recommendations for action to the
33    State  Superintendent  of  Education.  The  committee   shall
34    recommend  action to the State Superintendent of Education on
 
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 1    all appeals. The State Board  of  Education  shall  make  all
 2    final determinations.

 3        (105 ILCS 5/2-3.25n new)
 4        Sec. 2-3.25n.  No Child Left Behind Act; requirements and
 5    construction.
 6        (a)  The  changes in the State accountability system made
 7    by this amendatory Act of the 93rd  General  Assembly  are  a
 8    direct result of the federal No Child Left Behind Act of 2001
 9    (Public  Law 107-110), which requires that each state develop
10    and  implement  a  single,  statewide  accountability  system
11    applicable to all schools and school districts.
12        (b)  As provided in the federal No Child Left Behind  Act
13    of  2001 (Public Law 107-110), nothing in this amendatory Act
14    of the 93rd General Assembly shall be construed to  alter  or
15    otherwise   affect   the  rights,  remedies,  and  procedures
16    afforded school district or school employees  under  federal,
17    State, or local law (including applicable rules, regulations,
18    or  court orders) or under the terms of collective bargaining
19    agreements, memoranda of understanding, or  other  agreements
20    between such employees and their employers.

21        (105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
22        Sec.   7-8.   Limitation  on  successive  petitions.   No
23    territory, nor any part thereof, which  is  involved  in  any
24    proceeding  to  change the boundaries of a school district by
25    detachment from or annexation to such school district of such
26    territory, and which is not so detached nor annexed, shall be
27    again involved in proceedings to  change  the  boundaries  of
28    such  school  district  for  at  least  two years after final
29    determination of such first proceeding unless during  that  2
30    year  period a petition filed is substantially different than
31    any other previously filed petition  during  the  previous  2
32    years or if a school district involved is placed on the State
 
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 1    Board  of  Education's  academic  watch  status  list  or the
 2    financial watch list by the State Board of  Education  or  is
 3    certified as being in financial difficulty during that 2 year
 4    period  or  if  such  first  proceeding  involved  a petition
 5    brought under Section 7-2b of this Article 7.
 6    (Source: P.A. 87-1139; 88-386.)

 7        (105 ILCS 5/7A-15) (from Ch. 122, par. 7A-15)
 8        Sec. 7A-15.  Limitation on successive petitions.  No unit
 9    school district that is involved in any proceeding under this
10    Article to be dissolved  and  converted  into  an  elementary
11    school  district  (with  all territory within the unit school
12    district proposed to  be  so  dissolved  to  be  concurrently
13    annexed  to  a contiguous high school district), and which is
14    not so dissolved  or  converted  into  an  elementary  school
15    district,  shall  be again involved in proceedings under this
16    Article to dissolve and convert  into  an  elementary  school
17    district  for at least two years after final determination of
18    such first proceeding unless during  that  2  year  period  a
19    petition  filed  is  substantially  different  than any other
20    previously filed petition during the previous 2 years or if a
21    school district involved is placed  on  the  State  Board  of
22    Education's academic watch status list or the financial watch
23    list by the State Board of Education or is certified as being
24    in financial difficulty during that 2 year period.
25    (Source: P.A. 87-1139.)

26        (105 ILCS 5/11A-17)
27        Sec.  11A-17.   Limitation  on  successive petitions.  No
28    territory or any part thereof that is not included within any
29    unit school district and that is  involved  in  a  proceeding
30    under  this  Article  to  be  organized into a community unit
31    school district, and that is not by that proceeding organized
32    into  a  community  unit  school  district,  shall  be  again
 
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 1    involved in proceedings under this Article  to  be  organized
 2    into  a community unit school district for at least two years
 3    after final determination of  such  first  proceeding  unless
 4    during  that  2 year period a petition filed is substantially
 5    different than any other previously filed petition during the
 6    previous 2 years or if a school district involved  is  placed
 7    on  the State Board of Education's academic watch status list
 8    or the financial watch list by the State Board  of  Education
 9    or  is certified as being in financial difficulty during that
10    2 year period.
11        No  unit  school  district  that  is  involved   in   any
12    proceeding  under this Article to be organized along with any
13    other unit school district or districts or territory  into  a
14    community  unit  school  district  and  that  is  not by that
15    proceeding  so  organized  into  a  community   unit   school
16    district,  and  no  unit  district  that  is  involved in any
17    proceeding under this Article to be divided into  2  or  more
18    parts  and  as  divided  included in 2 or more community unit
19    school districts and  that  is  not  by  that  proceeding  so
20    divided   and   included   in  other  community  unit  school
21    districts, shall be again involved in proceedings under  this
22    Article to be organized into a community unit school district
23    or  divided  and  included  in  other  community  unit school
24    districts for at least two years after final determination of
25    such first proceeding unless during  that  2  year  period  a
26    petition  filed  is  substantially  different  than any other
27    previously filed petition during the previous 2 years or if a
28    school district involved is placed  on  the  State  Board  of
29    Education's academic watch status list or the financial watch
30    list by the State Board of Education or is certified as being
31    in financial difficulty during that 2 year period.
32    (Source: P.A. 87-1139; 88-45; 88-555, eff. 7-27-94.)

33        (105 ILCS 5/11B-14) (from Ch. 122, par. 11B-14)
 
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 1        Sec.  11B-14.   Limitation  on  successive petitions.  No
 2    elementary or high school district that is  involved  in  any
 3    proceeding  under this Article to be formed into and included
 4    as part of a combined school district to  be  established  in
 5    that  proceeding, and that is not so formed into and included
 6    as part of a combined school  district  in  that  proceeding,
 7    shall be again involved in proceedings under this Article for
 8    at  least  two  years after final determination of such first
 9    proceeding unless during that 2 year period a petition  filed
10    is  substantially  different  than any other previously filed
11    petition during the previous 2 years or if a school  district
12    involved is placed on the State Board of Education's academic
13    watch  status  list  or the financial watch list by the State
14    Board of Education or is  certified  as  being  in  financial
15    difficulty during that 2 year period.
16    (Source: P.A. 87-1139.)

17        (105 ILCS 5/11D-12) (from Ch. 122, par. 11D-12)
18        Sec.  11D-12.   Limitation  on  successive petitions.  No
19    unit  or  high  school  district  that  is  involved  in  any
20    proceeding under this Article to be dissolved and formed into
21    a  new  high  school  district  and  new  elementary   school
22    districts,  and that is not by those proceedings so dissolved
23    and formed into a new high school district and new elementary
24    school districts, shall  be  again  involved  in  proceedings
25    under this Article to be dissolved and formed into a new high
26    school  district  and  new elementary school districts for at
27    least two years  after  final  determination  of  such  first
28    proceeding  unless during that 2 year period a petition filed
29    is substantially different than any  other  previously  filed
30    petition  during the previous 2 years or if a school district
31    involved is placed on the State Board of Education's academic
32    watch status list or the financial watch list  by  the  State
33    Board  of  Education  or  is  certified as being in financial
 
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 1    difficulty during that 2 year period.
 2    (Source: P.A. 87-1139; 88-45.)

 3        (105 ILCS 5/21-27)
 4        Sec. 21-27.  The Illinois  Teaching  Excellence  Program.
 5    The   Illinois   Teaching   Excellence   Program   is  hereby
 6    established  to  provide  categorical  funding  for  monetary
 7    incentives and bonuses  for  teachers  who  are  employed  by
 8    school  districts  and  who  hold  a Master Certificate.  The
 9    State Board of Education shall  allocate  and  distribute  to
10    each  school  district  an amount as annually appropriated by
11    the General Assembly from  federal  funds  for  the  Illinois
12    Teaching  Excellence  Program.   Unless otherwise provided by
13    appropriation, each school district's annual allocation shall
14    be the sum of the amounts earned for the following incentives
15    and bonuses:
16             (1)  An annual payment of $3,000 to be paid to  each
17        teacher who successfully completes the program leading to
18        and  who receives a Master Certificate and is employed as
19        a teacher by a  school  district.   The  school  district
20        shall distribute this payment to each eligible teacher as
21        a single payment or in not more than 3 payments.
22             (2)  An  annual  incentive  equal to $1,000 shall be
23        paid to each teacher who holds a Master Certificate,  who
24        is  employed  as  a teacher by a school district, and who
25        agrees, in writing, to  provide  60  hours  of  mentoring
26        during  that  year to classroom teachers.  This mentoring
27        may  include,  either  singly  or  in  combination,   (i)
28        providing  high  quality professional development for new
29        and experienced teachers,  and  (ii)  assisting  National
30        Board   for   Professional   Teaching  Standards  (NBPTS)
31        candidates through the NBPTS certification process.   The
32        school  district  shall  distribute  50%  of  each annual
33        incentive payment upon completion  of  30  hours  of  the
 
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 1        required mentoring and the remaining 50% of the incentive
 2        upon  completion  of  the required 60 hours of mentoring.
 3        Credit may not  be  granted  by  a  school  district  for
 4        mentoring  or  related services provided during a regular
 5        school day or during the total number of days of required
 6        service for the school year.
 7             (3)  An annual incentive equal to  $3,000  shall  be
 8        paid  to each teacher who holds a Master Certificate, who
 9        is employed as a teacher by a school  district,  and  who
10        agrees,  in  writing,  to  provide  60 hours of mentoring
11        during that year to classroom teachers in schools on  the
12        academic early warning status List or in schools in which
13        50% or more of the students receive free or reduced price
14        lunches,  or  both.  The school district shall distribute
15        50% of each annual incentive payment upon  completion  of
16        30  hours of the required mentoring and the remaining 50%
17        of the incentive upon completion of the required 60 hours
18        of mentoring.  Credit may not  be  granted  by  a  school
19        district  for  mentoring  or  related  services  provided
20        during a regular school day or during the total number of
21        days of required service for the school year.
22        Each  regional  superintendent  of  schools shall provide
23    information about  the  Master  Certificate  Program  of  the
24    National  Board  for  Professional Teaching Standards (NBPTS)
25    and this amendatory Act of the 91st General Assembly to  each
26    individual  seeking  to register or renew a certificate under
27    Section 21-14 of this Code.
28    (Source: P.A. 91-606, eff. 8-16-99; 92-796, eff. 8-10-02.)

29        (105 ILCS 5/2-3.25k rep.)
30        Section 10.  The School  Code  is  amended  by  repealing
31    Section 2-3.25k.

32        Section  99.  Effective date.  This Act takes effect upon
 
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 1    becoming law.