093_SB0878ham001











                                     LRB093 07224 NHT 15957 a

 1                    AMENDMENT TO SENATE BILL 878

 2        AMENDMENT NO.     .  Amend Senate Bill 878  by  replacing
 3    everything after the enacting clause with the following:

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

 9        (105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
10        Sec.  2-3.25a.   "School  district"  defined;  additional
11    standards.
12        (a)  For the purposes of this Section and Sections 3.25b,
13    3.25c,  3.25d,  3.25e,  and  3.25f  of  this  Code,   "school
14    district"  includes  other  public  entities  responsible for
15    administering public schools,  such  as  cooperatives,  joint
16    agreements,   charter  schools,  special  charter  districts,
17    regional  offices  of  education,  local  agencies,  and  the
18    Department of Human Services.
19        (b)  In addition to the standards established pursuant to
20    Section 2-3.25, the State Board of  Education  shall  develop
21    recognition  standards  for  student  performance  and school
22    improvement  in  all  public  schools  operated   by   school
 
                            -2-      LRB093 07224 NHT 15957 a
 1    districts.   The  indicators  to  determine  adequate  yearly
 2    progress  assess  student  performance and school improvement
 3    shall include but need not be limited to the State assessment
 4    of student performance  in  reading  and  mathematics,  local
 5    assessment   results,   student   attendance   rates  at  the
 6    elementary school level, retention  rates,  expulsion  rates,
 7    and   graduation   rates   at  the  high  school  level,  and
 8    participation rates on student assessments.    The  standards
 9    shall  be  designed  to  permit  the  measurement of a school
10    district  to   measure   student   performance   and   school
11    improvement  by schools and school districts school buildings
12    compared to student performance and  school  improvement  for
13    the preceding academic years.
14        The  provisions  of  this  Section  are  subject  to  the
15    provisions of Section 2-3.25k.
16    (Source: P.A. 89-398, eff. 8-20-95.)

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

31        (105 ILCS 5/2-3.25c) (from Ch. 122, par. 2-3.25c)
32        Sec.  2-3.25c.   Rewards and acknowledgements.  The State
 
                            -3-      LRB093 07224 NHT 15957 a
 1    Board of Education shall implement a system  of  rewards  for
 2    school  districts,  and  the schools themselves, to recognize
 3    and reward schools whose students  and  schools  consistently
 4    meet   adequate  yearly  progress  criteria  for  2  or  more
 5    consecutive years and a system  to  acknowledge  schools  and
 6    districts  that  meet  adequate yearly progress criteria in a
 7    given year as specified  in  Section  2-3.25d  of  this  Code
 8    perform  at  high  levels  or  which  demonstrate outstanding
 9    improvement.
10        If a school or  school  district  meets  adequate  yearly
11    progress criteria for 2 consecutive school years, that school
12    or  district  shall be exempt from review and approval of its
13    improvement plan for the next 2 succeeding school years.
14    (Source: P.A. 87-559.)

15        (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
16        Sec. 2-3.25d.  Academic early warning  and  watch  status
17    list.
18        (a)  Those  schools  that  do  not  meet  adequate yearly
19    progress  criteria,  as  specified  by  the  State  Board  of
20    Education, for 2 consecutive annual  calculations,  shall  be
21    placed  on  academic early warning status for the next school
22    year. Schools on academic early warning status  that  do  not
23    meet  adequate  yearly  progress  criteria for a third annual
24    calculation shall remain on academic  early  warning  status.
25    Schools  on  academic  early  warning status that do not meet
26    adequate  yearly  progress  criteria  for  a  fourth   annual
27    calculation shall be placed on initial academic watch status.
28    Schools  on  academic  watch status that do not meet adequate
29    yearly progress criteria for a  fifth  or  subsequent  annual
30    calculation shall remain on academic watch status. Schools on
31    academic  early  warning  or  academic watch status that meet
32    adequate yearly progress criteria for one annual  calculation
33    shall  be  acknowledged  for  making  improvement  and  shall
 
                            -4-      LRB093 07224 NHT 15957 a
 1    maintain  their  current  statuses  for the next school year.
 2    Schools on academic early warning or  academic  watch  status
 3    that meet adequate yearly progress criteria for 2 consecutive
 4    annual   calculations  shall  be  considered  as  having  met
 5    expectations  and  shall   be   removed   from   any   status
 6    designation.
 7        The school district of a school placed on either academic
 8    early  warning status or academic watch status may appeal the
 9    status to the State Board of  Education  in  accordance  with
10    Section 2-3.25m of this Code.
11        A  school  district  that  has  one  or  more  schools on
12    academic early warning or academic watch status shall prepare
13    a revised  School  Improvement  Plan  or  amendments  thereto
14    setting  forth  the district's expectations for removing each
15    school from academic early warning or academic  watch  status
16    and  for improving student performance in the affected school
17    or schools. Districts operating under Article 34 of this Code
18    may  prepare  the  School  Improvement  Plan  required  under
19    Section 34-2.4 of this Code.
20        The revised School Improvement Plan for a school that  is
21    initially  placed  on  academic  early warning status or that
22    remains on academic early warning status after a third annual
23    calculation must be approved by the school board (and by  the
24    school's  local  school council in a district operating under
25    Article 34 of this Code, unless the school  is  on  probation
26    pursuant to subsection (c) of Section 34-8.3 of this Code).
27        The  revised  School Improvement Plan for a school placed
28    on initial  academic  watch  status  after  a  fourth  annual
29    calculation  must be approved by the school board (and by the
30    school's local school council in a district  operating  under
31    Article  34  of  this Code, unless the school is on probation
32    pursuant to subsection (c) of Section 34-8.3  of  this  Code)
33    and the State Superintendent of Education.
34        The  revised  School  Improvement  Plan for a school that
 
                            -5-      LRB093 07224 NHT 15957 a
 1    remains  on  academic  watch  status  after  a  fifth  annual
 2    calculation must be approved by the school board (and by  the
 3    school's  local  school council in a district operating under
 4    Article 34 of this Code, unless the school  is  on  probation
 5    pursuant  to  subsection  (c) of Section 34-8.3 of this Code)
 6    and the State Superintendent of Education. In  addition,  the
 7    district  must  develop  a  school restructuring plan for the
 8    school that must be approved by the school board (and by  the
 9    school's  local  school council in a district operating under
10    Article 34 of this Code) and  subsequently  approved  by  the
11    State Superintendent of Education.
12        A  school  on  academic  watch  status that does not meet
13    adequate  yearly  progress  criteria  for  a   sixth   annual
14    calculation shall implement its approved school restructuring
15    plan  beginning  with  the  next  school year, subject to the
16    State interventions specified  in  Section  2-3.25f  of  this
17    Code.
18        (b)  Those  school  districts  that  do not meet adequate
19    yearly progress criteria, as specified by the State Board  of
20    Education,  for  2  consecutive annual calculations, shall be
21    placed on academic early warning status for the  next  school
22    year.  Districts on academic early warning status that do not
23    meet adequate yearly progress criteria  for  a  third  annual
24    calculation  shall  remain  on academic early warning status.
25    Districts on academic early warning status that do  not  meet
26    adequate   yearly  progress  criteria  for  a  fourth  annual
27    calculation shall be placed on initial academic watch status.
28    Districts on academic watch status that do not meet  adequate
29    yearly  progress  criteria  for  a fifth or subsequent annual
30    calculation shall remain on academic watch status.  Districts
31    on  academic early warning or academic watch status that meet
32    adequate yearly progress criteria for one annual  calculation
33    shall  be  acknowledged  for  making  improvement  and  shall
34    maintain  their  current  statuses  for the next school year.
 
                            -6-      LRB093 07224 NHT 15957 a
 1    Districts on academic early warning or academic watch  status
 2    that meet adequate yearly progress criteria for 2 consecutive
 3    annual   calculations  shall  be  considered  as  having  met
 4    expectations  and  shall   be   removed   from   any   status
 5    designation.
 6        A district placed on either academic early warning status
 7    or  academic  watch status may appeal the status to the State
 8    Board of Education in accordance with Section 2-3.25m of this
 9    Code.
10        Districts on academic early  warning  or  academic  watch
11    status   shall   prepare   a  District  Improvement  Plan  or
12    amendments thereto setting forth the district's  expectations
13    for  removing  the  district  from  academic early warning or
14    academic watch status and for improving  student  performance
15    in the district.
16        The  District  Improvement  Plan  for  a district that is
17    initially placed on academic early  warning  status  must  be
18    approved by the school board.
19        The revised District Improvement Plan for a district that
20    remains on academic early warning status after a third annual
21    calculation must be approved by the school board.
22        The  revised  District Improvement Plan for a district on
23    initial  academic  watch  status  after   a   fourth   annual
24    calculation  must  be  approved  by  the school board and the
25    State Superintendent of Education.
26        The Revised District Improvement Plan for a district that
27    remains  on  academic  watch  status  after  a  fifth  annual
28    calculation must be approved by  the  school  board  and  the
29    State  Superintendent of Education. In addition, the district
30    must develop a  district  restructuring  plan  that  must  be
31    approved  by the school board and the State Superintendent of
32    Education.
33        A district on academic watch status that  does  not  meet
34    adequate   yearly   progress  criteria  for  a  sixth  annual
 
                            -7-      LRB093 07224 NHT 15957 a
 1    calculation   shall   implement   its    approved    district
 2    restructuring  plan  beginning  with  the  next  school year,
 3    subject to  the  State  interventions  specified  in  Section
 4    2-3.25f of this Code.
 5        (c)  All  revised  School  and District Improvement Plans
 6    shall  be  developed  in  collaboration  with  staff  in  the
 7    affected school or school district. All  revised  School  and
 8    District Improvement Plans shall be developed, submitted, and
 9    approved  pursuant  to  rules  adopted  by the State Board of
10    Education.  The  revised  Improvement  Plan   shall   address
11    measurable outcomes for improving student performance so that
12    such  performance  meets adequate yearly progress criteria as
13    specified by the State Board of Education.
14        (d)  All federal requirements apply to schools and school
15    districts utilizing federal funds under Title I,  Part  A  of
16    the  federal  Elementary and Secondary Education Act of 1965.
17    Those schools that are not meeting the standards of  academic
18    performance  measured  by  the  State  assessment  of student
19    performance as specified by the State Board of Education  may
20    be  placed on an academic watch list established by the State
21    Superintendent of Education after serving for 2 years on  the
22    State  Board  of  Education  Early  Academic Warning List and
23    shall be  subject  to  an  on-site  visitation  to  determine
24    whether extenuating circumstances exist as to why a school or
25    schools should not be placed on an academic watch list by the
26    State Superintendent of Education.
27        A  school  district  that  has one or more schools on the
28    academic watch list shall submit a revised School Improvement
29    Plan or  amendments  thereto  setting  forth  the  district's
30    expectations  for  removing  each school in the district from
31    the academic watch list and for improving student performance
32    in that school. Districts operating under Article 34  of  The
33    School  Code  may submit the School Improvement Plan required
34    under Section 34-2.4.   If  any  district  submits  a  School
 
                            -8-      LRB093 07224 NHT 15957 a
 1    Improvement  Plan which exceeds 2 years in duration, the Plan
 2    shall contain provisions for evaluation and determination  as
 3    to   the   improvement   of  student  performance  or  school
 4    improvement after no later than 2 years. The  revised  School
 5    Improvement  Plan or amendments thereto shall be developed in
 6    consultation with the staff of the affected school  and  must
 7    be  approved by the local board of education and the school's
 8    local school council for districts operating under Article 34
 9    of the School Code. Revised School Improvement Plans must  be
10    submitted   for  approval  to  the  State  Superintendent  of
11    Education pursuant to rules and  regulations  promulgated  by
12    the State Board of Education.  The revised School Improvement
13    Plan   shall   address   specific,  measurable  outcomes  for
14    improving student performance so that such performance equals
15    or exceeds standards set for the school by the State Board of
16    Education.
17        A school or schools shall remain on  the  academic  watch
18    list  for  at  least  one  full  academic  year.  During each
19    academic year for which a school is  on  the  academic  watch
20    list  it  shall  continue to be evaluated and assessed by the
21    State Board of Education as to whether it is meeting outcomes
22    identified in its revised School Improvement Plan.
23        The  provisions  of  this  Section  are  subject  to  the
24    provisions of Section 2-3.25k.
25    (Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

26        (105 ILCS 5/2-3.25e) (from Ch. 122, par. 2-3.25e)
27        Sec. 2-3.25e.  School  and  district  improvement  panels
28    panel.  A  school or school district that has a school on the
29    academic watch status list shall have a  school  or  district
30    improvement  panel  appointed  by the State Superintendent of
31    Education.  Members appointed to the panel shall include, but
32    not  be  limited  to,  individuals  who  are  familiar   with
33    educational  issues.   The  State Superintendent of Education
 
                            -9-      LRB093 07224 NHT 15957 a
 1    shall designate one member of the panel to serve as chairman.
 2    Any panel appointed for a school operated under Article 34 of
 3    the School Code shall include one or  more  members  selected
 4    from the school's subdistrict council and one or more members
 5    from  the  school's  local  school  council.   The  school or
 6    district improvement panel shall (1)  assist  the  school  or
 7    district  in  the development and implementation of a revised
 8    School Improvement Plan and amendments thereto and, (2)  make
 9    progress  reports and comments to the State Superintendent of
10    Education pursuant to rules promulgated by the State Board of
11    Education, and (3) have the authority to review  and  approve
12    or  disapprove  all  actions  of  the board of education that
13    pertain to implementation of the revised  School  Improvement
14    Plan.   The revised School Improvement Plan must be developed
15    in consultation with the staff of  the  affected  school  and
16    approved  by  the  appropriate  board  of  education  and for
17    districts operated under Article 34 of the  School  Code  the
18    school's  local  school council. Following that approval, the
19    plan shall  be  submitted  to  the  State  Superintendent  of
20    Education for approval.
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 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
25        Sec. 2-3.25f.  State interventions.
26        (a)  A school or school district must submit the required
27    revised  Improvement  Plan  pursuant  to rules adopted by the
28    State Board of Education. The State Board of Education  shall
29    provide  technical  assistance to assist with the development
30    and implementation of the improvement plan. School  districts
31    that fail to submit required School Improvement Plans or fail
32    to obtain approval of such plans pursuant to rules adopted by
33    the  State  Board  of Education may have State funds withheld
 
                            -10-     LRB093 07224 NHT 15957 a
 1    until such plans are submitted.
 2        Schools or school districts that fail to make  reasonable
 3    efforts  to implement an approved School Improvement Plan may
 4    suffer loss of State funds  by  school  district,  attendance
 5    center,  or  program  as  the  State Board of Education deems
 6    appropriate.
 7        The  provisions  of  this  subsection  (a)  relating   to
 8    submission  and  approval  of  School  Improvement  Plans are
 9    subject to the provisions of Section 2-3.25k.
10        (b)  In addition,  if  after  3  2  years  following  its
11    placement on the academic watch status list a school district
12    or  school  remains  on  the  academic watch status list, the
13    State Board of Education shall  take  one  of  the  following
14    actions for the district or school:
15             (1)  1.  The  State Board of Education may authorize
16        the State  Superintendent  of  Education  to  direct  the
17        regional superintendent of schools to remove school board
18        members  pursuant  to Section 3-14.28 of this Code. Prior
19        to such direction the  State  Board  of  Education  shall
20        permit members of the local board of education to present
21        written   and   oral  comments  to  the  State  Board  of
22        Education. The State Board of Education  may  direct  the
23        State   Superintendent   of   Education   to  appoint  an
24        Independent Authority that shall exercise such powers and
25        duties as may be necessary to operate a school or  school
26        district  for purposes of improving pupil performance and
27        school  improvement.    The   State   Superintendent   of
28        Education  shall  designate one member of the Independent
29        Authority to serve as chairman. The Independent Authority
30        shall serve for a period of time specified by  the  State
31        Board  of  Education upon the recommendation of the State
32        Superintendent of Education.; or
33             (2) 2.  The State Board of Education may (A)  change
34        the  recognition  status of the school district or school
 
                            -11-     LRB093 07224 NHT 15957 a
 1        to nonrecognized (a) nonrecognize the school district  or
 2        school, or (B) (b) may authorize the State Superintendent
 3        of  Education  to  direct  the  reassignment of pupils or
 4        reassign or replace school  district  personnel  who  are
 5        relevant  to the failure to meet adequate yearly progress
 6        criteria and administrative staff.  If a school  district
 7        is  nonrecognized in its entirety, it shall automatically
 8        be dissolved on July 1 following that nonrecognition  and
 9        its  territory  realigned with another school district or
10        districts by the regional board  of  school  trustees  in
11        accordance  with the procedures set forth in Section 7-11
12        of  the  School  Code.   The  effective   date   of   the
13        nonrecognition  of a school shall be July 1 following the
14        nonrecognition.
15        (c)  All federal requirements apply to schools and school
16    districts utilizing federal funds under Title I,  Part  A  of
17    the federal Elementary and Secondary Education Act of 1965.
18    (Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

19        (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
20        Sec.  2-3.25g.  Waiver or modification of mandates within
21    the School Code and  administrative  rules  and  regulations.
22    Notwithstanding  any  other provisions of this School Code or
23    any other law of this State to the contrary, school districts
24    may petition the State Board of Education for the  waiver  or
25    modification  of  the  mandates of this School Code or of the
26    administrative rules and regulations promulgated by the State
27    Board   of   Education.    Waivers   or   modifications    of
28    administrative  rules  and  regulations  and modifications of
29    mandates of this School Code may be requested when  a  school
30    district  demonstrates  that it can address the intent of the
31    rule or mandate in a more effective, efficient, or economical
32    manner or when necessary to stimulate innovation  or  improve
33    student  performance.  Waivers of mandates of the School Code
 
                            -12-     LRB093 07224 NHT 15957 a
 1    may be requested when the waivers are necessary to  stimulate
 2    innovation  or  improve student performance.  Waivers may not
 3    be requested from laws, rules, and regulations pertaining  to
 4    special  education,  teacher certification, or teacher tenure
 5    and seniority or from  compliance  with  the  No  Child  Left
 6    Behind Act of 2001 (Public Law 107-110).
 7        School  districts,  as  a  matter  of inherent managerial
 8    policy,  and  any  Independent  Authority  established  under
 9    Section 2-3.25f may submit an application  for  a  waiver  or
10    modification authorized under this Section.  Each application
11    must  include  a  written  request  by the school district or
12    Independent Authority and must demonstrate that the intent of
13    the mandate can be addressed in a more effective,  efficient,
14    or  economical  manner  or  be based upon a specific plan for
15    improved student performance and  school  improvement.    Any
16    district  requesting  a waiver or modification for the reason
17    that intent of  the  mandate  can  be  addressed  in  a  more
18    economical  manner  shall include in the application a fiscal
19    analysis showing current  expenditures  on  the  mandate  and
20    projected  savings resulting from the waiver or modification.
21    Applications and plans developed by school districts must  be
22    approved  by  each  board  of  education  following  a public
23    hearing on the application and plan and the  opportunity  for
24    the  board to hear testimony from educators directly involved
25    in its implementation,  parents,  and  students.  The  public
26    hearing  must  be  preceded  by at least one published notice
27    occurring at least 7 days prior to the hearing in a newspaper
28    of general circulation within the school district  that  sets
29    forth  the  time,  date, place, and general subject matter of
30    the hearing.  The school district must notify in writing  the
31    affected   exclusive   collective  bargaining  agent  of  the
32    district's  intent  to  seek  approval   of   a   waiver   or
33    modification  and of the hearing to be held to take testimony
34    from educators.  The affected exclusive collective bargaining
 
                            -13-     LRB093 07224 NHT 15957 a
 1    agents shall be notified of such public hearing  at  least  7
 2    days prior to the date of the hearing and shall be allowed to
 3    attend such public hearing.
 4        A  request for a waiver or modification of administrative
 5    rules and regulations  or  for  a  modification  of  mandates
 6    contained in this School Code shall be submitted to the State
 7    Board of Education within 15 days after approval by the board
 8    of  education.   Following  receipt of the request, the State
 9    Board shall have  45  days  to  review  the  application  and
10    request.    If  the  State  Board  fails  to  disapprove  the
11    application  within  that  45  day  period,  the  waiver   or
12    modification  shall  be  deemed granted.  The State Board may
13    disapprove  any  request  if  it  is  not  based  upon  sound
14    educational practices, endangers  the  health  or  safety  of
15    students   or  staff,  compromises  equal  opportunities  for
16    learning, or fails to demonstrate that the intent of the rule
17    or mandate can be addressed in a more  effective,  efficient,
18    or  economical manner or have improved student performance as
19    a primary goal.  Any request disapproved by the  State  Board
20    may  be  appealed  to  the General Assembly by the requesting
21    school district as outlined in this Section.
22        A request for a waiver from mandates  contained  in  this
23    School  Code  shall be submitted to the State Board within 15
24    days after approval by the board  of  education.   The  State
25    Board   shall   review  the  applications  and  requests  for
26    completeness and shall compile the requests in reports to  be
27    filed  with  the General Assembly. The State Board shall file
28    reports outlining the waivers requested by  school  districts
29    and  appeals  by  school districts of requests disapproved by
30    the  State  Board  with  the  Senate   and   the   House   of
31    Representatives before each May 1 and October 1.  The General
32    Assembly  may  disapprove  the  report  of the State Board in
33    whole or in part within 30 calendar days after each house  of
34    the  General Assembly next convenes after the report is filed
 
                            -14-     LRB093 07224 NHT 15957 a
 1    by adoption of a resolution by a record vote of the  majority
 2    of  members  elected  in each house.  If the General Assembly
 3    fails to disapprove any waiver request  or  appealed  request
 4    within  such  30 day period, the waiver or modification shall
 5    be deemed granted.  Any resolution  adopted  by  the  General
 6    Assembly disapproving a report of the State Board in whole or
 7    in part shall be binding on the State Board.
 8        An  approved  waiver or modification may remain in effect
 9    for a period not to exceed 5 school years and may be  renewed
10    upon application by the school district. However, such waiver
11    or modification may be changed within that 5-year period by a
12    local  school  district  board following the procedure as set
13    forth in this Section for the initial waiver or  modification
14    request.   If  neither  the  State Board of Education nor the
15    General Assembly disapproves, the change is deemed granted.
16        On or before February 1, 1998, and each year  thereafter,
17    the State Board of Education shall submit a cumulative report
18    summarizing all types of waiver mandates and modifications of
19    mandates  granted by the State Board or the General Assembly.
20    The report shall identify the topic of the waiver along  with
21    the  number  and percentage of school districts for which the
22    waiver has been granted.  The report shall also  include  any
23    recommendations  from the State Board regarding the repeal or
24    modification of waived mandates.
25    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
26    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

27        (105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
28        Sec.  2-3.25h.   Technical  assistance;   State   support
29    services.   Schools, school districts, local school councils,
30    school improvement  panels,  and  any  Independent  Authority
31    established  under  Section  2-3.25f  may  receive  technical
32    assistance  that  through  the State Board of Education shall
33    make available.  Such technical assistance shall may  include
 
                            -15-     LRB093 07224 NHT 15957 a
 1    without  limitation,  but shall not be limited to, assistance
 2    in the areas  of  curriculum  evaluation,  the  instructional
 3    process,   student  performance,  school  environment,  staff
 4    effectiveness,  school  and  community  relations,   parental
 5    involvement,   resource   management,  and  leadership,  data
 6    analysis  processes  and  tools,  school   improvement   plan
 7    guidance  and  feedback, information regarding scientifically
 8    based  research-proven  curriculum   and   instruction,   and
 9    professional   development  opportunities  for  teachers  and
10    administrators.
11    (Source: P.A. 87-559.)

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

22        (105 ILCS 5/2-3.25j) (from Ch. 122, par. 2-3.25j)
23        Sec.  2-3.25j.   Implementation.  Commencing   with   the
24    1992-93  school  year  and  thereafter the provisions of this
25    amendatory Act and  any  rules  adopted  hereunder  shall  be
26    implemented  on  a  schedule identified by the State Board of
27    Education  and  incorporated  as  an  integral  part  of  the
28    recognition process of the State  Board  of  Education.   The
29    provisions  of  this  Section  and the authority of the State
30    Board of Education to adopt rules as provided in this Section
31    are subject to the provisions of Section 2-3.25k.
32    (Source: P.A. 89-398, eff. 8-20-95.)
 
                            -16-     LRB093 07224 NHT 15957 a
 1        (105 ILCS 5/2-3.25m new)
 2        Sec. 2-3.25m.  Appeals. The appeals process  outlined  in
 3    this  Section  applies  to  all appeals from school districts
 4    pertaining to school or district status  levels,  recognition
 5    levels,  or  corrective action.  The State Board of Education
 6    shall provide notice and an opportunity for  hearing  to  the
 7    affected  school  district.  The hearing shall take place not
 8    later than 30 calendar days following receipt of the  written
 9    appeal.  The  appeals advisory committee created as specified
10    in  this  Section  may  extend  the  hearing  under   special
11    circumstances,  in consultation with the State Superintendent
12    of Education.  The State Board of  Education  may  take  into
13    account exceptional or uncontrollable circumstances.
14        The  State  Board  of  Education shall process school and
15    district appeals through an appeals advisory  committee.  The
16    committee  shall  be  composed  of 9 members appointed by the
17    State Superintendent of Education as follows:
18             (1)  One representative of  the  Illinois  Education
19        Association.
20             (2)  One  representative  of the Illinois Federation
21        of Teachers.
22             (3)  One representative of the Illinois  Association
23        of School Administrators.
24             (4)  One  representative of the Illinois Association
25        of School Boards.
26             (5)  One representative of business.
27             (6)  One representative of City  of  Chicago  School
28        District 299.
29             (7)  One  representative  of the Illinois Principals
30        Association.
31             (8)  One representative of the Illinois Congress  of
32        Parents and Teachers.
33             (9)  One representative at-large.
34    Five  members  of  the  committee  shall serve for terms of 2
 
                            -17-     LRB093 07224 NHT 15957 a
 1    years, and 4 members shall serve for terms of  3  years.  The
 2    State  Superintendent  of  Education  shall  appoint  initial
 3    members  on  or  before  July  1,  2003.  The committee shall
 4    annually elect one member as chairperson.
 5        The committee shall hear appeals and, within 30  calendar
 6    days  after a hearing, make recommendations for action to the
 7    State  Superintendent  of  Education.  The  committee   shall
 8    recommend  action to the State Superintendent of Education on
 9    all appeals. The State Board  of  Education  shall  make  all
10    final determinations.

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

29        (105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
30        Sec.   7-8.   Limitation  on  successive  petitions.   No
31    territory, nor any part thereof, which  is  involved  in  any
32    proceeding  to  change the boundaries of a school district by
 
                            -18-     LRB093 07224 NHT 15957 a
 1    detachment from or annexation to such school district of such
 2    territory, and which is not so detached nor annexed, shall be
 3    again involved in proceedings to  change  the  boundaries  of
 4    such  school  district  for  at  least  two years after final
 5    determination of such first proceeding unless during  that  2
 6    year  period a petition filed is substantially different than
 7    any other previously filed petition  during  the  previous  2
 8    years or if a school district involved is placed on the State
 9    Board  of  Education's  academic  watch  status  list  or the
10    financial watch list by the State Board of  Education  or  is
11    certified as being in financial difficulty during that 2 year
12    period  or  if  such  first  proceeding  involved  a petition
13    brought under Section 7-2b of this Article 7.
14    (Source: P.A. 87-1139; 88-386.)

15        (105 ILCS 5/7A-15) (from Ch. 122, par. 7A-15)
16        Sec. 7A-15.  Limitation on successive petitions.  No unit
17    school district that is involved in any proceeding under this
18    Article to be dissolved  and  converted  into  an  elementary
19    school  district  (with  all territory within the unit school
20    district proposed to  be  so  dissolved  to  be  concurrently
21    annexed  to  a contiguous high school district), and which is
22    not so dissolved  or  converted  into  an  elementary  school
23    district,  shall  be again involved in proceedings under this
24    Article to dissolve and convert  into  an  elementary  school
25    district  for at least two years after final determination of
26    such first proceeding unless during  that  2  year  period  a
27    petition  filed  is  substantially  different  than any other
28    previously filed petition during the previous 2 years or if a
29    school district involved is placed  on  the  State  Board  of
30    Education's academic watch status list or the financial watch
31    list by the State Board of Education or is certified as being
32    in financial difficulty during that 2 year period.
33    (Source: P.A. 87-1139.)
 
                            -19-     LRB093 07224 NHT 15957 a
 1        (105 ILCS 5/11A-17)
 2        Sec.  11A-17.   Limitation  on  successive petitions.  No
 3    territory or any part thereof that is not included within any
 4    unit school district and that is  involved  in  a  proceeding
 5    under  this  Article  to  be  organized into a community unit
 6    school district, and that is not by that proceeding organized
 7    into  a  community  unit  school  district,  shall  be  again
 8    involved in proceedings under this Article  to  be  organized
 9    into  a community unit school district for at least two years
10    after final determination of  such  first  proceeding  unless
11    during  that  2 year period a petition filed is substantially
12    different than any other previously filed petition during the
13    previous 2 years or if a school district involved  is  placed
14    on  the State Board of Education's academic watch status list
15    or the financial watch list by the State Board  of  Education
16    or  is certified as being in financial difficulty during that
17    2 year period.
18        No  unit  school  district  that  is  involved   in   any
19    proceeding  under this Article to be organized along with any
20    other unit school district or districts or territory  into  a
21    community  unit  school  district  and  that  is  not by that
22    proceeding  so  organized  into  a  community   unit   school
23    district,  and  no  unit  district  that  is  involved in any
24    proceeding under this Article to be divided into  2  or  more
25    parts  and  as  divided  included in 2 or more community unit
26    school districts and  that  is  not  by  that  proceeding  so
27    divided   and   included   in  other  community  unit  school
28    districts, shall be again involved in proceedings under  this
29    Article to be organized into a community unit school district
30    or  divided  and  included  in  other  community  unit school
31    districts for at least two years after final determination of
32    such first proceeding unless during  that  2  year  period  a
33    petition  filed  is  substantially  different  than any other
34    previously filed petition during the previous 2 years or if a
 
                            -20-     LRB093 07224 NHT 15957 a
 1    school district involved is placed  on  the  State  Board  of
 2    Education's academic watch status list or the financial watch
 3    list by the State Board of Education or is certified as being
 4    in financial difficulty during that 2 year period.
 5    (Source: P.A. 87-1139; 88-45; 88-555, eff. 7-27-94.)

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

23        (105 ILCS 5/11D-12) (from Ch. 122, par. 11D-12)
24        Sec.  11D-12.   Limitation  on  successive petitions.  No
25    unit  or  high  school  district  that  is  involved  in  any
26    proceeding under this Article to be dissolved and formed into
27    a  new  high  school  district  and  new  elementary   school
28    districts,  and that is not by those proceedings so dissolved
29    and formed into a new high school district and new elementary
30    school districts, shall  be  again  involved  in  proceedings
31    under this Article to be dissolved and formed into a new high
32    school  district  and  new elementary school districts for at
 
                            -21-     LRB093 07224 NHT 15957 a
 1    least two years  after  final  determination  of  such  first
 2    proceeding  unless during that 2 year period a petition filed
 3    is substantially different than any  other  previously  filed
 4    petition  during the previous 2 years or if a school district
 5    involved is placed on the State Board of Education's academic
 6    watch status list or the financial watch list  by  the  State
 7    Board  of  Education  or  is  certified as being in financial
 8    difficulty during that 2 year period.
 9    (Source: P.A. 87-1139; 88-45.)

10        (105 ILCS 5/21-27)
11        Sec. 21-27.  The Illinois  Teaching  Excellence  Program.
12    The   Illinois   Teaching   Excellence   Program   is  hereby
13    established  to  provide  categorical  funding  for  monetary
14    incentives and bonuses  for  teachers  who  are  employed  by
15    school  districts  and  who  hold  a Master Certificate.  The
16    State Board of Education shall  allocate  and  distribute  to
17    each  school  district  an amount as annually appropriated by
18    the General Assembly from  federal  funds  for  the  Illinois
19    Teaching  Excellence  Program.   Unless otherwise provided by
20    appropriation, each school district's annual allocation shall
21    be the sum of the amounts earned for the following incentives
22    and bonuses:
23             (1)  An annual payment of $3,000 to be paid to  each
24        teacher who successfully completes the program leading to
25        and  who receives a Master Certificate and is employed as
26        a teacher by a  school  district.   The  school  district
27        shall distribute this payment to each eligible teacher as
28        a single payment or in not more than 3 payments.
29             (2)  An  annual  incentive  equal to $1,000 shall be
30        paid to each teacher who holds a Master Certificate,  who
31        is  employed  as  a teacher by a school district, and who
32        agrees, in writing, to  provide  60  hours  of  mentoring
33        during  that  year to classroom teachers.  This mentoring
 
                            -22-     LRB093 07224 NHT 15957 a
 1        may  include,  either  singly  or  in  combination,   (i)
 2        providing  high  quality professional development for new
 3        and experienced teachers,  and  (ii)  assisting  National
 4        Board   for   Professional   Teaching  Standards  (NBPTS)
 5        candidates through the NBPTS certification process.   The
 6        school  district  shall  distribute  50%  of  each annual
 7        incentive payment upon completion  of  30  hours  of  the
 8        required mentoring and the remaining 50% of the incentive
 9        upon  completion  of  the required 60 hours of mentoring.
10        Credit may not  be  granted  by  a  school  district  for
11        mentoring  or  related services provided during a regular
12        school day or during the total number of days of required
13        service for the school year.
14             (3)  An annual incentive equal to  $3,000  shall  be
15        paid  to each teacher who holds a Master Certificate, who
16        is employed as a teacher by a school  district,  and  who
17        agrees,  in  writing,  to  provide  60 hours of mentoring
18        during that year to classroom teachers in schools on  the
19        academic early warning status List or in schools in which
20        50% or more of the students receive free or reduced price
21        lunches,  or  both.  The school district shall distribute
22        50% of each annual incentive payment upon  completion  of
23        30  hours of the required mentoring and the remaining 50%
24        of the incentive upon completion of the required 60 hours
25        of mentoring.  Credit may not  be  granted  by  a  school
26        district  for  mentoring  or  related  services  provided
27        during a regular school day or during the total number of
28        days of required service for the school year.
29        Each  regional  superintendent  of  schools shall provide
30    information about  the  Master  Certificate  Program  of  the
31    National  Board  for  Professional Teaching Standards (NBPTS)
32    and this amendatory Act of the 91st General Assembly to  each
33    individual  seeking  to register or renew a certificate under
34    Section 21-14 of this Code.
 
                            -23-     LRB093 07224 NHT 15957 a
 1    (Source: P.A. 91-606, eff. 8-16-99; 92-796, eff. 8-10-02.)

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

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.".