Full Text of HB5588 100th General Assembly
HB5588ham001 100TH GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5588
| 2 | | AMENDMENT NO. ______. Amend House Bill 5588 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Legislative intent. It is the intent of the | 5 | | General Assembly that State assessments be rooted in classroom | 6 | | content and best practices and be used as an opportunity to | 7 | | demonstrate learning and feedback. It is also the intent of the | 8 | | General Assembly that assessments used for accountability | 9 | | should support learning opportunities that inform instruction. | 10 | | Section 5. The School Code is amended by changing Sections | 11 | | 2-3.25a, 2-3.25n, 2-3.52A, 2-3.61a, 2-3.64a-5, 2-3.136, | 12 | | 2-3.153, 10-21.3a, 10-29, 34-1.1, 34-3.5, and 34-18.24 as | 13 | | follows:
| 14 | | (105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
| 15 | | Sec. 2-3.25a. "School district" defined; additional |
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| 1 | | standards.
| 2 | | (a) For the purposes of State accountability in this | 3 | | Section and Sections 3.25b, 3.25c,
3.25d, 3.25e, and 3.25f of | 4 | | this Code, "school district" includes other
public entities | 5 | | responsible for administering public schools, such as
| 6 | | cooperatives, joint agreements, charter schools, special | 7 | | charter districts,
regional offices of
education, local | 8 | | agencies, and the Department of Human Services.
| 9 | | (b) In addition to the standards
established pursuant to | 10 | | Section 2-3.25, the State Board of Education shall
develop | 11 | | recognition standards for student performance and school
| 12 | | improvement for all
school districts and their individual | 13 | | schools , which must be an outcomes-based, balanced | 14 | | accountability measure . The State Board of Education is | 15 | | prohibited from having separate performance standards for | 16 | | students based on race or ethnicity.
| 17 | | The accountability measure shall be outlined in the State | 18 | | Plan that the State Board of Education submits to the federal | 19 | | Department of Education pursuant to the federal Every Student | 20 | | Succeeds Act. If the federal Every Student Succeeds Act ceases | 21 | | to require a State Plan, the State Board of Education shall | 22 | | develop a written plan in consultation with the Balanced | 23 | | Accountability Committee created under subsection (b-5) of | 24 | | this Section. | 25 | | Subject to the availability of federal, State, public, or | 26 | | private funds, the balanced accountability measure must be |
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| 1 | | designed to focus on 2 components, student performance and | 2 | | professional practice. The student performance component shall | 3 | | count for 30% of the total balanced accountability measure, and | 4 | | the professional practice component shall count for 70% of the | 5 | | total balanced accountability measure. The student performance | 6 | | component shall focus on student outcomes and closing the | 7 | | achievement gaps within each school district and its individual | 8 | | schools using a Multiple Measure Index and Annual Measurable | 9 | | Objectives, as set forth in Section 2-3.25d of this Code. The | 10 | | professional practice component shall focus on the degree to | 11 | | which a school district, as well as its individual schools, is | 12 | | implementing evidence-based, best professional practices and | 13 | | exhibiting continued improvement. Beginning with the 2015-2016 | 14 | | school year, the balanced accountability measure shall consist | 15 | | of only the student performance component, which shall account | 16 | | for 100% of the total balanced accountability measure. From the | 17 | | 2017-2018 school year through the 2022-2023 school year, the | 18 | | State Board of Education and a Balanced Accountability Measure | 19 | | Committee shall identify a number of school districts per the | 20 | | designated school years to begin implementing the balanced | 21 | | accountability measure, which includes both the student | 22 | | performance and professional practice components. By the | 23 | | 2022-2023 school year, all school districts must be | 24 | | implementing the balanced accountability measure, which | 25 | | includes both components. | 26 | | (b-5) The Balanced Accountability Measure Committee is |
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| 1 | | created and shall consist of the following individuals: a | 2 | | representative of a statewide association representing | 3 | | regional superintendents of schools, a representative of a | 4 | | statewide association representing principals, a | 5 | | representative of an association representing principals in a | 6 | | city having a population exceeding 500,000, a representative of | 7 | | a statewide association representing school administrators, a | 8 | | representative of a statewide professional teachers' | 9 | | organization, a representative of a different statewide | 10 | | professional teachers' organization, an additional | 11 | | representative from either statewide professional teachers' | 12 | | organization, a representative of a professional teachers' | 13 | | organization in a city having a population exceeding 500,000, a | 14 | | representative of a statewide association representing school | 15 | | boards, and a representative of a school district organized | 16 | | under Article 34 of this Code. The head of each association or | 17 | | entity listed in this paragraph shall appoint its respective | 18 | | representative. The State Superintendent of Education, in | 19 | | consultation with the Committee, may appoint no more than 2 | 20 | | additional individuals to the Committee, which individuals | 21 | | shall serve in an advisory role and must not have voting or | 22 | | other decision-making rights. The Committee is abolished on | 23 | | June 1, 2023. | 24 | | The Balanced Accountability Measure Committee shall meet | 25 | | no less than 4 times per year to discuss the accountability | 26 | | standards set forth in the State Plan pursuant to the federal |
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| 1 | | Every Student Succeeds Act and to provide stakeholder feedback | 2 | | and recommendations to the State Board of Education with regard | 3 | | to the State Plan, which the State Board shall take into | 4 | | consideration. Upon completion of the 2019-2020 school year, | 5 | | the Balanced Accountability Measure Committee shall assess the | 6 | | implementation of the State Plan and, if necessary, make | 7 | | recommendations to the State Board for any changes. The | 8 | | Committee shall consider accountability recommendations made | 9 | | by the Illinois P-20 Council established under Section 22-45 of | 10 | | this Code, the Illinois Early Learning Council created under | 11 | | the Illinois Early Learning Council Act, and any other | 12 | | stakeholder group established by the State Board in relation to | 13 | | the federal Every Student Succeeds Act. The State Board shall | 14 | | provide to the Committee an annual report with data and other | 15 | | information about the Committee collected from entities | 16 | | identified by the State Board as lead partners, including, but | 17 | | not limited to, data and information on the Committee's | 18 | | effectiveness, geographic distribution, and cost to serve as | 19 | | part of a comprehensive statewide system of support. | 20 | | Using a Multiple Measure Index consistent with subsection | 21 | | (a) of Section 2-3.25d of this Code, the student performance | 22 | | component shall consist of the following subcategories, each of | 23 | | which must be valued at 10%: | 24 | | (1) achievement status; | 25 | | (2) achievement growth; and | 26 | | (3) Annual Measurable Objectives, as set forth in |
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| 1 | | subsection (b) of Section 2-3.25d of this Code. | 2 | | Achievement status shall measure and assess college and career | 3 | | readiness, as well as the graduation rate. Achievement growth | 4 | | shall measure the school district's and its individual schools' | 5 | | student growth via this State's growth value tables. Annual | 6 | | Measurable Objectives shall measure the degree to which school | 7 | | districts, as well as their individual schools, are closing | 8 | | their achievement gaps among their student population and | 9 | | subgroups. | 10 | | The professional practice component shall consist of the | 11 | | following subcategories: | 12 | | (A) compliance; | 13 | | (B) evidence-based best practices; and | 14 | | (C) contextual improvement. | 15 | | Compliance, which shall count for 10%, shall measure the degree | 16 | | to which a school district and its individual schools meet the | 17 | | current State compliance requirements. Evidence-based best | 18 | | practices, which shall count for 30%, shall measure the degree | 19 | | to which school districts and their individual schools are | 20 | | adhering to a set of evidence-based quality standards and best | 21 | | practice for effective schools that include (i) continuous | 22 | | improvement, (ii) culture and climate, (iii) shared | 23 | | leadership, (iv) governance, (v) education and employee | 24 | | quality, (vi) family and community connections, and (vii) | 25 | | student and learning development and are further developed in | 26 | | consultation with the State Board of Education and the Balanced |
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| 1 | | Accountability Measure Committee set forth in this subsection | 2 | | (b). Contextual improvement, which shall count for 30%, shall | 3 | | provide school districts and their individual schools the | 4 | | opportunity to demonstrate improved outcomes through local | 5 | | data, including without limitation school climate, unique | 6 | | characteristics, and barriers that impact the educational | 7 | | environment and hinder the development and implementation of | 8 | | action plans to address areas of school district and individual | 9 | | school improvement. Each school district, in good faith | 10 | | cooperation with its teachers or, where applicable, the | 11 | | exclusive bargaining representatives of its teachers, shall | 12 | | develop 2 measurable objectives to demonstrate contextual | 13 | | improvement, each of which must be equally weighted. Each | 14 | | school district shall begin such good faith cooperative | 15 | | development of these objectives no later than 6 months prior to | 16 | | the beginning of the school year in which the school district | 17 | | is to implement the professional practice component of the | 18 | | balanced accountability measure. The professional practice | 19 | | component must be scored using trained peer review teams that | 20 | | observe and verify school district practices using an | 21 | | evidence-based framework. | 22 | | The balanced accountability measure shall combine the | 23 | | student performance and professional practice components into | 24 | | one summative score based on 100 points at the school district | 25 | | and individual-school level. A school district shall be | 26 | | designated as "Exceeds Standards - Exemplar" if the overall |
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| 1 | | score is 100 to 90, "Meets Standards - Proficient" if the | 2 | | overall score is 89 to 75, "Approaching Standards - Needs | 3 | | Improvement" if the overall score is 74 to 60, and "Below | 4 | | Standards - Unsatisfactory" if the overall score is 59 to 0. | 5 | | The balanced accountability measure shall also detail both | 6 | | incentives that reward school districts for continued improved | 7 | | performance, as provided in Section 2-3.25c of this Code, and | 8 | | consequences for school districts that fail to provide evidence | 9 | | of continued improved performance, which may include | 10 | | presentation of a barrier analysis, additional school board and | 11 | | administrator training, or additional State assistance. Based | 12 | | on its summative score, a school district may be exempt from | 13 | | the balanced accountability measure for one or more school | 14 | | years. The State Board of Education, in collaboration with the | 15 | | Balanced Accountability Measure Committee set forth in this | 16 | | subsection (b-5) (b) , shall adopt rules that further | 17 | | implementation in accordance with the requirements of this | 18 | | Section. | 19 | | (Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; 99-642, | 20 | | eff. 7-28-16; 99-657, eff. 7-28-16.)
| 21 | | (105 ILCS 5/2-3.25n)
| 22 | | Sec. 2-3.25n. Every Student Succeeds No Child Left Behind | 23 | | Act; requirements and construction.
| 24 | | (a) The changes in the State accountability system made by | 25 | | this
amendatory Act of the 93rd General Assembly are a direct |
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| 1 | | result of the federal Every Student Succeeds Act
No
Child Left | 2 | | Behind Act of 2001 (Public Law 107-110), which requires that | 3 | | each
state develop and implement a single, statewide | 4 | | accountability system
applicable
to all schools and school | 5 | | districts.
| 6 | | (b) As provided in the federal Every Student Succeeds Act | 7 | | No Child Left Behind Act of 2001 (Public
Law 107-110) , nothing | 8 | | in this amendatory Act of the 93rd General Assembly shall
be | 9 | | construed to alter or otherwise affect the rights, remedies, | 10 | | and procedures
afforded school district or school employees | 11 | | under federal, State, or local law
(including applicable rules, | 12 | | regulations, or court orders) or under the terms
of
collective | 13 | | bargaining agreements, memoranda of understanding, or other
| 14 | | agreements between such employees and their employers. | 15 | | (c) The State Board of Education may identify a school | 16 | | district as eligible for targeted and comprehensive services | 17 | | under the federal Every Student Succeeds Act.
| 18 | | (Source: P.A. 93-470, eff. 8-8-03.)
| 19 | | (105 ILCS 5/2-3.52A) (from Ch. 122, par. 2-3.52A)
| 20 | | Sec. 2-3.52A. Pilot programs. To improve the quality of
| 21 | | teaching as a profession the State Board of Education may,
| 22 | | pursuant to the federal Every Student Succeeds Act and | 23 | | appropriations for such purposes, establish entrance educator | 24 | | preparation programs, encourage collaboration between schools | 25 | | of educator preparation and high-need districts, establish |
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| 1 | | projects to recruit, select, prepare, and provide professional | 2 | | development for teachers or school leaders, and establish | 3 | | initiatives that focus on funding performance-based programs | 4 | | or human capital management systems pilot
programs for teachers | 5 | | relating to clinical schools, restructuring
the teaching | 6 | | workplace, and providing special assistance and support
to | 7 | | beginning teachers . Such programs shall be conducted in | 8 | | accordance
with rules adopted by the State Board of Education. | 9 | | Such rules shall
provide for, but not be limited to, advisory | 10 | | councils and annual
reports on the progress of the pilot | 11 | | programs.
| 12 | | (Source: P.A. 85-322.)
| 13 | | (105 ILCS 5/2-3.61a)
| 14 | | Sec. 2-3.61a. 21st Century Community Learning Center Grant | 15 | | Program.
| 16 | | (a) The State Board of Education shall be the designated | 17 | | agency responsible
for the
administration of programs under | 18 | | Part I of Subchapter X of Chapter 70 of the
federal Elementary
| 19 | | and Secondary Education Act of 1965.
| 20 | | (b) The State Board of Education shall establish and | 21 | | implement a 21st
Century
Community Learning Center Grant | 22 | | Program, in accordance with federal guidelines,
to provide
| 23 | | grants to support whole child-focused academically focused | 24 | | after-school programs that are aligned with the regular | 25 | | academic programs of a school and the academic needs of |
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| 1 | | students. These grants shall be used to help those students who | 2 | | attend high-poverty, low-performing schools meet State and | 3 | | local performance standards in core academic subjects and, if | 4 | | applicable, increase school day attendance and improve | 5 | | social-emotional skills for students who
attend
high-poverty, | 6 | | low-performing schools. These grants shall be used to help | 7 | | those
students who
attend high-poverty, low-performing schools | 8 | | meet State and local performance
standards in core
academic | 9 | | subjects and to offer opportunities for families of | 10 | | participating students to have meaningful engagement in their | 11 | | children's education that are linked to learning and healthy | 12 | | development outcomes opportunities
for improved
literacy and | 13 | | related educational development . If appropriate, external | 14 | | stakeholder feedback shall be gathered and used to inform the | 15 | | grant application.
| 16 | | The State Board of Education shall award grants to eligible | 17 | | applicants
that are of sufficient size and scope to implement | 18 | | support
high-quality, effective
after-school programs, to | 19 | | ensure reasonable success of achieving the goals
identified in | 20 | | the grant
application, and to offer those activities that are | 21 | | necessary to achieve these
goals and performance indicators and | 22 | | measures with a direct link to student achievement .
| 23 | | (c) Using State funds, subject to appropriation, and any | 24 | | federal funds
received for
this purpose,
the State Board of | 25 | | Education may establish any other grant programs that are
| 26 | | necessary to
establish high-quality, academically based, |
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| 1 | | after-school programs that include
family-centered
education | 2 | | activities.
| 3 | | (d) The State Board of Education may adopt any rules | 4 | | necessary to implement
this
Section.
| 5 | | (Source: P.A. 93-374, eff. 7-24-03.)
| 6 | | (105 ILCS 5/2-3.64a-5) | 7 | | Sec. 2-3.64a-5. State goals and assessment. | 8 | | (a) For the assessment and accountability purposes of this | 9 | | Section, "students" includes those students enrolled in a | 10 | | public or State-operated elementary school, secondary school, | 11 | | or cooperative or joint agreement with a governing body or | 12 | | board of control, a charter school operating in compliance with | 13 | | the Charter Schools Law, a school operated by a regional office | 14 | | of education under Section 13A-3 of this Code, or a public | 15 | | school administered by a local public agency or the Department | 16 | | of Human Services. | 17 | | (b) The State Board of Education shall establish the | 18 | | academic standards that are to be applicable to students who | 19 | | are subject to State assessments under this Section. The State | 20 | | Board of Education shall not establish any such standards in | 21 | | final form without first providing opportunities for public | 22 | | participation and local input in the development of the final | 23 | | academic standards. Those opportunities shall include a | 24 | | well-publicized period of public comment and opportunities to | 25 | | file written comments. |
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| 1 | | (c) Beginning no later than the 2014-2015 school year, the | 2 | | State Board of Education shall annually assess all students | 3 | | enrolled in grades 3 through 8 in English language arts and | 4 | | mathematics. | 5 | | Beginning no later than the 2017-2018 school year, the | 6 | | State Board of Education shall annually assess all students in | 7 | | science at one grade in grades 3 through 5, at one grade in | 8 | | grades 6 through 8, and at one grade in grades 9 through 12. | 9 | | The State Board of Education shall annually assess schools | 10 | | that operate a secondary education program, as defined in | 11 | | Section 22-22 of this Code, in English language arts and | 12 | | mathematics. The State Board of Education shall administer no | 13 | | more than 3 assessments, per student, of English language arts | 14 | | and mathematics for students in a secondary education program. | 15 | | One of these assessments shall include a college and career | 16 | | ready determination that shall be recognized accepted by this | 17 | | State's public institutions of higher education, as defined in | 18 | | the Board of Higher Education Act, for the purpose of student | 19 | | application or admissions consideration. The assessment | 20 | | administered by the State Board of Education for the purpose of | 21 | | student application to or admissions consideration by | 22 | | institutions of higher education must be administered on a | 23 | | school day during regular student attendance hours. | 24 | | Students who do are not take the State's final | 25 | | accountability assessment or its approved alternate assessment | 26 | | assessed for college and career ready determinations may not |
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| 1 | | receive a regular high school diploma unless the student is | 2 | | exempted from taking the State assessments under subsection (d) | 3 | | of this Section because (i) the student's individualized | 4 | | educational program developed under Article 14 of this Code | 5 | | identifies the State assessment as inappropriate for the | 6 | | student, (ii) the student is enrolled in a program of adult and | 7 | | continuing education, as defined in the Adult Education Act, | 8 | | (iii) the school district is not required to assess the | 9 | | individual student for purposes of accountability under | 10 | | federal No Child Left Behind Act of 2001 requirements, (iv) the | 11 | | student has been determined to be an English learner and has | 12 | | been enrolled in schools in the United States for less than 12 | 13 | | months, or (v) the student is otherwise identified by the State | 14 | | Board of Education, through rules, as being exempt from the | 15 | | assessment. | 16 | | The State Board of Education shall not assess students | 17 | | under this Section in subjects not required by this Section. | 18 | | Districts shall inform their students of the timelines and | 19 | | procedures applicable to their participation in every yearly | 20 | | administration of the State assessments.
The State Board of | 21 | | Education shall establish periods of time in each school year | 22 | | during which State assessments shall occur to meet the | 23 | | objectives of this Section. | 24 | | (d) Every individualized educational program as described | 25 | | in Article 14 shall identify if the State assessment or | 26 | | components thereof require accommodation are appropriate for |
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| 1 | | the student. The State Board of Education shall develop rules | 2 | | governing the administration of an alternate assessment that | 3 | | may be available to students for whom participation in this | 4 | | State's regular assessments is not appropriate, even with | 5 | | accommodations as allowed under this Section. | 6 | | Students receiving special education services whose | 7 | | individualized educational programs identify them as eligible | 8 | | for the alternative State assessments nevertheless shall have | 9 | | the option of also taking this State's regular final | 10 | | accountability assessment that includes a college and career | 11 | | ready determination , which shall be administered in accordance | 12 | | with the eligible accommodations appropriate for meeting these | 13 | | students' respective needs. | 14 | | All students determined to be English learners shall | 15 | | participate in the State assessments . The scores of , excepting | 16 | | those students who have been enrolled in schools in the United | 17 | | States for less than 12 months may not be used for the purposes | 18 | | of accountability . Such students may be exempted from | 19 | | participation in one annual administration of the English | 20 | | language arts assessment. Any student determined to be an | 21 | | English learner shall receive appropriate assessment | 22 | | accommodations, including language supports, which shall be | 23 | | established by rule. Approved assessment accommodations must | 24 | | be provided until the student's English language skills develop | 25 | | to the extent that the student is no longer considered to be an | 26 | | English learner, as demonstrated through a State-identified |
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| 1 | | English language proficiency assessment. | 2 | | (e) The results or scores of each assessment taken under | 3 | | this Section shall be made available to the parents of each | 4 | | student. | 5 | | In each school year, the scores attained by a student on | 6 | | the final accountability State assessment that includes a | 7 | | college and career ready determination must be placed in the | 8 | | student's permanent record pursuant to rules that the State | 9 | | Board of Education shall adopt for that purpose in accordance | 10 | | with Section 3 of the Illinois School Student Records Act. In | 11 | | each school year, the scores attained by a student on the State | 12 | | assessments administered in grades 3 through 8 must be placed | 13 | | in the student's temporary record. | 14 | | (f) All schools shall administer the State's an academic | 15 | | assessment of English language proficiency in oral language | 16 | | (listening and speaking) and reading and writing skills to all | 17 | | children determined to be English learners. | 18 | | (g) All schools in this State that are part of the sample | 19 | | drawn by the National Center for Education Statistics, in | 20 | | collaboration with their school districts and the State Board | 21 | | of Education, shall administer the biennial academic | 22 | | assessments under the National Assessment of Educational | 23 | | Progress carried out under Section 411(b)(2) of the federal | 24 | | National Education Statistics Act of 1994 (20 U.S.C. 9010) if | 25 | | the U.S. Secretary of Education pays the costs of administering | 26 | | the assessments. |
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| 1 | | (h) (Blank). Subject to available funds to this State for | 2 | | the purpose of student assessment, the State Board of Education | 3 | | shall provide additional assessments and assessment resources | 4 | | that may be used by school districts for local assessment | 5 | | purposes. The State Board of Education shall annually | 6 | | distribute a listing of these additional resources. | 7 | | (i) For the purposes of this subsection (i), "academically | 8 | | based assessments" means assessments consisting of questions | 9 | | and answers that are measurable and quantifiable to measure the | 10 | | knowledge, skills, and ability of students in the subject | 11 | | matters covered by the assessments. All assessments | 12 | | administered pursuant to this Section must be academically | 13 | | based assessments. The scoring of academically based | 14 | | assessments shall be reliable, valid, and fair and shall meet | 15 | | the guidelines for assessment development and use prescribed by | 16 | | the American Psychological Association, the National Council | 17 | | on Measurement in Education, and the American Educational | 18 | | Research Association. | 19 | | The State Board of Education shall review the use of all | 20 | | assessment item types in order to ensure that they are valid | 21 | | and reliable indicators of student performance aligned to the | 22 | | learning standards being assessed and that the development, | 23 | | administration, and scoring of these item types are justifiable | 24 | | in terms of cost. | 25 | | (j) The State Superintendent of Education shall appoint a | 26 | | committee of no more than 21 members, consisting of parents, |
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| 1 | | teachers, school administrators, school board members, | 2 | | assessment experts, regional superintendents of schools, and | 3 | | citizens, to review the State assessments administered by the | 4 | | State Board of Education. The Committee shall select one of its | 5 | | members as its chairperson. The Committee shall meet on an | 6 | | ongoing basis to review the content and design of the | 7 | | assessments (including whether the requirements of subsection | 8 | | (i) of this Section have been met), the time and money expended | 9 | | at the local and State levels to prepare for and administer the | 10 | | assessments, the collective results of the assessments as | 11 | | measured against the stated purpose of assessing student | 12 | | performance, and other issues involving the assessments | 13 | | identified by the Committee. The Committee shall make periodic | 14 | | recommendations to the State Superintendent of Education and | 15 | | the General Assembly concerning the assessments. | 16 | | (k) The State Board of Education may adopt rules to | 17 | | implement this Section.
| 18 | | (Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642, | 19 | | eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17; | 20 | | revised 9-22-17.) | 21 | | (105 ILCS 5/2-3.136)
| 22 | | Sec. 2-3.136. Funding for class Class size reduction grant | 23 | | programs . | 24 | | (a) Class size reduction funding shall assist A K-3 class | 25 | | size
reduction grant program is created. The program shall be |
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| 1 | | implemented
and
administered by the State Board of Education. | 2 | | From
appropriations made for purposes of this Section, the | 3 | | State Board shall award grants to schools that meet
the | 4 | | criteria established by this Section subsection (a) for the | 5 | | award of funds those grants .
| 6 | | (a-5) Funds Grants shall be awarded pursuant to | 7 | | application. The form and manner of
applications and the | 8 | | criteria for the award of funds grants shall be prescribed by
| 9 | | the State Board of Education. The grant criteria as so | 10 | | prescribed, however,
shall provide that only those schools that | 11 | | are identified as priority schools under Section 2-3.25d-5 of | 12 | | this Code and that maintain grades kindergarten through 3 are | 13 | | grant eligible.
| 14 | | Funding Grants awarded to eligible schools under this | 15 | | Section subsection (a) shall be used and
applied by the schools | 16 | | to defray the costs and expenses of reducing class size to a | 17 | | level that is evidence-based. If a school's facilities are | 18 | | inadequate to allow for the specified class size, then funding | 19 | | may be used for, but is not limited to, support for | 20 | | professional learning. operating and
maintaining classes in | 21 | | grades kindergarten through 3 with an average class size within | 22 | | a specific grade of no more than 20 pupils. If a school's | 23 | | facilities are inadequate to allow for this specified class | 24 | | size, then a school may use the grant funds for teacher aides | 25 | | instead.
| 26 | | (b) (Blank). A K-3 pilot class size reduction grant program |
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| 1 | | is created. The program shall be implemented and administered | 2 | | by the State Board of Education. From appropriations made for | 3 | | purposes of this subsection (b), the State Board shall award | 4 | | grants to schools that meet the criteria established by this | 5 | | Section for the award of those grants. | 6 | | Grants shall be awarded pursuant to application. The form | 7 | | and manner of application and the criteria for the award of | 8 | | grants shall be prescribed by the State Board of Education. | 9 | | Grants awarded to eligible schools under this subsection | 10 | | (b) shall be used and applied by the schools to defray the | 11 | | costs and expenses of operating and maintaining classes in | 12 | | grades kindergarten through 3 of no more than 15 pupils per | 13 | | teacher per class. A teacher aide may not be used to meet this | 14 | | requirement. | 15 | | (c) (Blank). If a school board determines that a school is | 16 | | using funds awarded under this Section for purposes not | 17 | | authorized by this Section, then the school board, rather than | 18 | | the school, shall determine how the funds are used.
| 19 | | (d) The State Board of Education shall adopt any rules, | 20 | | consistent with the
requirements of this Section, that are | 21 | | necessary to implement and administer
this Section the class | 22 | | size reduction grant programs .
| 23 | | (Source: P.A. 99-193, eff. 7-30-15.) | 24 | | (105 ILCS 5/2-3.153) | 25 | | Sec. 2-3.153. Survey of learning conditions. |
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| 1 | | (a) The State Board of Education shall administer a climate | 2 | | survey, identified by and paid for by the State Board of | 3 | | Education, select for statewide administration an instrument | 4 | | to provide feedback from, at a minimum, students in grades 4 6 | 5 | | through 12 and teachers on the instructional environment within | 6 | | a school . Each after giving consideration to the | 7 | | recommendations of the Performance Evaluation Advisory Council | 8 | | made pursuant to subdivision (6) of subsection (a) of Section | 9 | | 24A-20 of this Code. Subject to appropriation to the State | 10 | | Board of Education for the State's cost of development and | 11 | | administration and, subject to subsections (b) and (c) of this | 12 | | Section, each school district shall annually administer , at | 13 | | least biennially, the climate survey instrument in every public | 14 | | school attendance center by a date specified by the State | 15 | | Superintendent of Education, and data resulting from the | 16 | | instrument's administration must be provided to the State Board | 17 | | of Education. The survey component that requires completion by | 18 | | the teachers must be administered during teacher meetings or | 19 | | professional development days or at other times that would not | 20 | | interfere with the teachers' regular classroom and direct | 21 | | instructional duties. The State Superintendent , following | 22 | | consultation with teachers, principals, and other appropriate | 23 | | stakeholders, shall publicly report on the survey selected | 24 | | indicators of learning conditions resulting from | 25 | | administration of the instrument at the individual school, | 26 | | district, and State levels and shall identify whether the |
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| 1 | | indicators result from an anonymous administration of the | 2 | | instrument. If in any year the appropriation to the State Board | 3 | | of Education is insufficient for the State's costs associated | 4 | | with statewide administration of the instrument, the State | 5 | | Board of Education shall give priority to districts with | 6 | | low-performing schools and a representative sample of other | 7 | | districts.
| 8 | | (b) A school district may elect to use, on a district-wide | 9 | | basis and at the school district's sole cost and expense, an | 10 | | alternate climate survey of learning conditions instrument | 11 | | pre-approved by the State Superintendent under subsection (c) | 12 | | of this Section in lieu of the State-adopted climate survey | 13 | | statewide survey instrument selected under subsection (a) of | 14 | | this Section , provided that: | 15 | | (1) the school district notifies the State Board of | 16 | | Education, on a form provided by the State Superintendent, | 17 | | of its intent to administer an alternate climate survey | 18 | | instrument on or before a date established by the State | 19 | | Superintendent for the 2014-2015 school year and August 1 | 20 | | of each subsequent school year during which the instrument | 21 | | will be administered ; | 22 | | (2) the notification submitted to the State Board under | 23 | | paragraph (1) of this subsection (b) must be accompanied by | 24 | | a certification signed by the president of the local | 25 | | teachers' exclusive bargaining representative and | 26 | | president of the school board indicating that the alternate |
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| 1 | | survey has been agreed to by the teachers' exclusive | 2 | | bargaining representative and the school board; | 3 | | (3) the school district's administration of the | 4 | | alternate instrument, including providing to the State | 5 | | Board of Education data and reports suitable to be | 6 | | published on school report cards and the State School | 7 | | Report Card Internet website, is performed in accordance | 8 | | with the requirements of subsection (a) of this Section; | 9 | | and | 10 | | (4) the alternate instrument is administered each | 11 | | school year that the statewide survey instrument is | 12 | | administered; if the statewide survey is not administrated | 13 | | in a given school year, the school district is not required | 14 | | to provide the alternative instrument in that given school | 15 | | year . | 16 | | (c) The State Superintendent, in consultation with | 17 | | teachers, principals, superintendents, and other appropriate | 18 | | stakeholders, shall administer an approval process through | 19 | | which at least 2, but not more than 3, alternate survey of | 20 | | learning conditions instruments will be approved by the State | 21 | | Superintendent following a determination by the State | 22 | | Superintendent that each approved instrument: | 23 | | (1) meets all requirements of subsection (a) of this | 24 | | Section; | 25 | | (2) provides a summation of indicator results of the | 26 | | alternative survey by a date established by the State |
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| 1 | | Superintendent in a manner that allows the indicator | 2 | | results to be included on school report cards pursuant to | 3 | | Section 10-17a of this Code by October 31 of the school | 4 | | year following the instrument's administration; | 5 | | (3) provides summary reports for each district and | 6 | | attendance center intended for parents and community | 7 | | stakeholders; | 8 | | (4) meets scale reliability requirements using | 9 | | accepted testing measures; | 10 | | (5) provides research-based evidence linking | 11 | | instrument content to one or more improved student | 12 | | outcomes; and | 13 | | (6) has undergone and documented testing to prove | 14 | | validity and reliability . | 15 | | The State Superintendent shall periodically review and update | 16 | | the list of approved alternate survey instruments, provided | 17 | | that at least 2, but no more than 3, alternate survey | 18 | | instruments shall be approved for use during any school year. | 19 | | (d) Nothing contained in this amendatory Act of the 98th | 20 | | General Assembly repeals, supersedes, invalidates, or | 21 | | nullifies final decisions in lawsuits pending on the effective | 22 | | date of this amendatory Act of the 98th General Assembly in | 23 | | Illinois courts involving the interpretation of Public Act | 24 | | 97-8. | 25 | | (Source: P.A. 97-8, eff. 6-13-11; 97-813, eff. 7-13-12; 98-648, | 26 | | eff. 7-1-14.) |
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| 1 | | (105 ILCS 5/10-21.3a)
| 2 | | Sec. 10-21.3a. Transfer of students.
| 3 | | (a) Each school board shall establish and
implement a
| 4 | | policy governing the transfer of a student from one attendance | 5 | | center to
another within the
school district upon the request | 6 | | of the student's parent or guardian.
Any request by a parent or | 7 | | guardian to transfer his or her child from one
attendance
| 8 | | center to another
within the school district pursuant to | 9 | | Section 1116 of the federal Elementary
and
Secondary Education
| 10 | | Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30 | 11 | | days after the
parent or guardian
receives notice of the right | 12 | | to transfer pursuant to that law.
A
student may not transfer to | 13 | | any of the following attendance centers, except by
change in
| 14 | | residence if the policy authorizes enrollment based on | 15 | | residence in an
attendance area
or unless approved by the board | 16 | | on an individual basis:
| 17 | | (1) An attendance center that exceeds or as a result of | 18 | | the
transfer would
exceed its attendance capacity.
| 19 | | (2) An attendance center for which the board has | 20 | | established
academic
criteria for enrollment if the | 21 | | student does not meet the criteria , provided
that the | 22 | | transfer must be permitted if the attendance center is the | 23 | | only
attendance center serving the student's grade
that has | 24 | | not been identified for school
improvement, corrective | 25 | | action, or restructuring under Section
1116 of the federal |
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| 1 | | Elementary and Secondary Education Act of 1965 (20 U.S.C.
| 2 | | Sec. 6316) .
| 3 | | (3) Any attendance center if the transfer would
prevent | 4 | | the school district from meeting its obligations under a | 5 | | State or
federal law,
court
order, or consent
decree
| 6 | | applicable to the school district.
| 7 | | (b) Each school board shall establish and implement a | 8 | | policy governing the
transfer of students within a school | 9 | | district from a persistently dangerous
school to another public | 10 | | school in that district that is not deemed to be
persistently | 11 | | dangerous.
In order to be considered a persistently dangerous | 12 | | school, the
school must meet all of the following criteria for | 13 | | 2 consecutive years:
| 14 | | (1) Have greater than 3% of the students enrolled in | 15 | | the school expelled
for violence-related conduct.
| 16 | | (2) Have one or more students expelled for bringing a | 17 | | firearm to school as
defined in 18 U.S.C. 921.
| 18 | | (3) Have at least 3% of the students enrolled in the | 19 | | school exercise the
individual option to transfer schools | 20 | | pursuant to subsection (c) of this
Section.
| 21 | | (c) A student may transfer from one public school to
| 22 | | another public school in that district if the student is a | 23 | | victim of a violent
crime as defined in Section 3 of the Rights | 24 | | of Crime Victims and Witnesses Act.
The violent crime must have | 25 | | occurred on school grounds during regular school
hours or | 26 | | during a school-sponsored event.
|
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| 1 | | (d) (Blank). Transfers made pursuant to subsections (b) and | 2 | | (c) of this Section shall
be made in compliance with the | 3 | | federal No Child Left Behind Act of 2001 (Public
Law 107-110).
| 4 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 5 | | (105 ILCS 5/10-29) | 6 | | Sec. 10-29. Remote educational programs. | 7 | | (a) For purposes of this Section, "remote educational | 8 | | program" means an educational program delivered to students in | 9 | | the home or other location outside of a school building that | 10 | | meets all of the following criteria: | 11 | | (1) A student may participate in the program only after | 12 | | the school district, pursuant to adopted school board | 13 | | policy, and a person authorized to enroll the student under | 14 | | Section 10-20.12b of this Code determine that a remote | 15 | | educational program will best serve the student's | 16 | | individual learning needs. The adopted school board policy | 17 | | shall include, but not be limited to, all of the following: | 18 | | (A) Criteria for determining that a remote | 19 | | educational program will best serve a student's | 20 | | individual learning needs. The criteria must include | 21 | | consideration of, at a minimum, a student's prior | 22 | | attendance, disciplinary record, and academic history. | 23 | | (B) Any limitations on the number of students or | 24 | | grade levels that may participate in a remote | 25 | | educational program. |
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| 1 | | (C) A description of the process that the school | 2 | | district will use to approve participation in the | 3 | | remote educational program. The process must include | 4 | | without limitation a requirement that, for any student | 5 | | who qualifies to receive services pursuant to the | 6 | | federal Individuals with Disabilities Education | 7 | | Improvement Act of 2004, the student's participation | 8 | | in a remote educational program receive prior approval | 9 | | from the student's individualized education program | 10 | | team. | 11 | | (D) A description of the process the school | 12 | | district will use to develop and approve a written | 13 | | remote educational plan that meets the requirements of | 14 | | subdivision (5) of this subsection (a). | 15 | | (E) A description of the system the school district | 16 | | will establish to determine student participation | 17 | | calculate the number of clock hours a student is | 18 | | participating in instruction in accordance with the | 19 | | remote educational program. | 20 | | (F) A description of the process for renewing a | 21 | | remote educational program at the expiration of its | 22 | | term. | 23 | | (G) Such other terms and provisions as the school | 24 | | district deems necessary to provide for the | 25 | | establishment and delivery of a remote educational | 26 | | program. |
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| 1 | | (2) The school district has determined that the remote | 2 | | educational program's curriculum is aligned to State | 3 | | learning standards and that the program offers instruction | 4 | | and educational experiences consistent with those given to | 5 | | students at the same grade level in the district. | 6 | | (3) The remote educational program is delivered by | 7 | | instructors that meet the following qualifications: | 8 | | (A) they are certificated under Article 21 of this | 9 | | Code; | 10 | | (B) (blank); and they meet applicable highly | 11 | | qualified criteria under the federal No Child Left | 12 | | Behind Act of 2001; and | 13 | | (C) they have responsibility for all of the | 14 | | following elements of the program: planning | 15 | | instruction, diagnosing learning needs, prescribing | 16 | | content delivery through class activities, assessing | 17 | | learning, reporting outcomes to administrators and | 18 | | parents and guardians, and evaluating the effects of | 19 | | instruction. | 20 | | (4) During the period of time from and including the | 21 | | opening date to the
closing date of the regular school term | 22 | | of the school district established pursuant to Section | 23 | | 10-19 of this Code, participation in a remote educational | 24 | | program may be claimed for general State aid purposes under | 25 | | Section 18-8.05 of this Code or evidence-based funding | 26 | | purposes under Section 18-8.15 of this Code on any calendar |
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| 1 | | day, notwithstanding whether the day is a day of pupil | 2 | | attendance or institute day on the school district's | 3 | | calendar or any other provision of law restricting | 4 | | instruction on that day. If the district holds year-round | 5 | | classes in some buildings, the district
shall classify each | 6 | | student's participation in a remote educational program as | 7 | | either on a year-round or a non-year-round schedule for | 8 | | purposes of claiming general State aid or evidence-based | 9 | | funding. Outside of the regular school term of the | 10 | | district, the remote educational program may be offered as | 11 | | part of any summer school program authorized by this Code. | 12 | | (5) Each student participating in a remote educational | 13 | | program must have a written remote educational plan that | 14 | | has been approved by the school district and a person | 15 | | authorized to enroll the student under Section 10-20.12b of | 16 | | this Code. The school district and a person authorized to | 17 | | enroll the student under Section 10-20.12b of this Code | 18 | | must approve any amendment to a remote educational plan. | 19 | | The remote educational plan must include, but is not | 20 | | limited to, all of the following: | 21 | | (A) Specific achievement goals for the student | 22 | | aligned to State learning standards. | 23 | | (B) A description of all assessments that will be | 24 | | used to measure student progress, which description | 25 | | shall indicate the assessments that will be | 26 | | administered at an attendance center within the school |
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| 1 | | district. | 2 | | (C) A description of the progress reports that will | 3 | | be provided to the school district and the person or | 4 | | persons authorized to enroll the student under Section | 5 | | 10-20.12b of this Code. | 6 | | (D) Expectations, processes, and schedules for | 7 | | interaction between a teacher and student. | 8 | | (E) A description of the specific responsibilities | 9 | | of the student's family and the school district with | 10 | | respect to equipment, materials, phone and Internet | 11 | | service, and any other requirements applicable to the | 12 | | home or other location outside of a school building | 13 | | necessary for the delivery of the remote educational | 14 | | program. | 15 | | (F) If applicable, a description of how the remote | 16 | | educational program will be delivered in a manner | 17 | | consistent with the student's individualized education | 18 | | program required by Section 614(d) of the federal | 19 | | Individuals with Disabilities Education Improvement | 20 | | Act of 2004 or plan to ensure compliance with Section | 21 | | 504 of the federal Rehabilitation Act of 1973. | 22 | | (G) A description of the procedures and | 23 | | opportunities for participation in academic and | 24 | | extra-curricular activities and programs within the | 25 | | school district. | 26 | | (H) The identification of a parent, guardian, or |
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| 1 | | other responsible adult who will provide direct | 2 | | supervision of the program. The plan must include an | 3 | | acknowledgment by the parent, guardian, or other | 4 | | responsible adult that he or she may engage only in | 5 | | non-teaching duties not requiring instructional | 6 | | judgment or the evaluation of a student. The plan shall | 7 | | designate the parent, guardian, or other responsible | 8 | | adult as non-teaching personnel or volunteer personnel | 9 | | under subsection (a) of Section 10-22.34 of this Code. | 10 | | (I) The identification of a school district | 11 | | administrator who will oversee the remote educational | 12 | | program on behalf of the school district and who may be | 13 | | contacted by the student's parents with respect to any | 14 | | issues or concerns with the program. | 15 | | (J) The term of the student's participation in the | 16 | | remote educational program, which may not extend for | 17 | | longer than 12 months, unless the term is renewed by | 18 | | the district in accordance with subdivision (7) of this | 19 | | subsection (a). | 20 | | (K) A description of the specific location or | 21 | | locations in which the program will be delivered. If | 22 | | the remote educational program is to be delivered to a | 23 | | student in any location other than the student's home, | 24 | | the plan must include a written determination by the | 25 | | school district that the location will provide a | 26 | | learning environment appropriate for the delivery of |
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| 1 | | the program. The location or locations in which the | 2 | | program will be delivered shall be deemed a long | 3 | | distance teaching reception area under subsection (a) | 4 | | of Section 10-22.34 of this Code. | 5 | | (L) Certification by the school district that the | 6 | | plan meets all other requirements of this Section. | 7 | | (6) Students participating in a remote educational | 8 | | program must be enrolled in a school district attendance | 9 | | center pursuant to the school district's enrollment policy | 10 | | or policies. A student participating in a remote | 11 | | educational program must be tested as part of all | 12 | | assessments administered by the school district pursuant | 13 | | to Section 2-3.64a-5 of this Code at the attendance center | 14 | | in which the student is enrolled and in accordance with the | 15 | | attendance center's assessment policies and schedule. The | 16 | | student must be included within all accountability | 17 | | determinations for the school district and attendance | 18 | | center under State and federal law. | 19 | | (7) The term of a student's participation in a remote | 20 | | educational program may not extend for longer than 12 | 21 | | months, unless the term is renewed by the school district. | 22 | | The district may only renew a student's participation in a | 23 | | remote educational program following an evaluation of the | 24 | | student's progress in the program, a determination that the | 25 | | student's continuation in the program will best serve the | 26 | | student's individual learning needs, and an amendment to |
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| 1 | | the student's written remote educational plan addressing | 2 | | any changes for the upcoming term of the program. | 3 | | For purposes of this Section, a remote educational program | 4 | | does not include instruction delivered to students through an | 5 | | e-learning program approved under Section 10-20.56 of this | 6 | | Code. | 7 | | (b) A school district may, by resolution of its school | 8 | | board, establish a remote educational program. | 9 | | (c) (Blank). Clock hours of instruction by students in a | 10 | | remote educational program meeting the requirements of this | 11 | | Section may be claimed by the school district and shall be | 12 | | counted as school work for general State aid purposes in | 13 | | accordance with and subject to the limitations of Section | 14 | | 18-8.05 of this Code or evidence-based funding purposes in | 15 | | accordance with and subject to the limitations of Section | 16 | | 18-8.15 of this Code. | 17 | | (d) The impact of remote educational programs on wages, | 18 | | hours, and terms and conditions of employment of educational | 19 | | employees within the school district shall be subject to local | 20 | | collective bargaining agreements. | 21 | | (e) The use of a home or other location outside of a school | 22 | | building for a remote educational program shall not cause the | 23 | | home or other location to be deemed a public school facility. | 24 | | (f) A remote educational program may be used, but is not | 25 | | required, for instruction delivered to a student in the home or | 26 | | other location outside of a school building that is not claimed |
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| 1 | | for general State aid purposes under Section 18-8.05 of this | 2 | | Code or evidence-based funding purposes under Section 18-8.15 | 3 | | of this Code. | 4 | | (g) School districts that, pursuant to this Section, adopt | 5 | | a policy for a remote educational program must submit to the | 6 | | State Board of Education a copy of the policy and any | 7 | | amendments thereto, as well as data on student participation in | 8 | | a format specified by the State Board of Education. The State | 9 | | Board of Education may perform or contract with an outside | 10 | | entity to perform an evaluation of remote educational programs | 11 | | in this State. | 12 | | (h) The State Board of Education may adopt any rules | 13 | | necessary to ensure compliance by remote educational programs | 14 | | with the requirements of this Section and other applicable | 15 | | legal requirements.
| 16 | | (Source: P.A. 99-193, eff. 7-30-15; 99-194, eff. 7-30-15; | 17 | | 99-642, eff. 7-28-16; 100-465, eff. 8-31-17.)
| 18 | | (105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
| 19 | | Sec. 34-1.1. Definitions. As used in this Article:
| 20 | | "Academic Accountability Council" means the Chicago | 21 | | Schools Academic
Accountability Council created under Section | 22 | | 34-3.4.
| 23 | | "Local School Council" means a local school council | 24 | | established
under Section 34-2.1.
| 25 | | "School" and "attendance center" are used interchangeably |
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| 1 | | to mean any
attendance center operated pursuant to this Article | 2 | | and under the direction
of one principal.
| 3 | | "Secondary Attendance Center" means a school which has | 4 | | students enrolled
in grades 9 through 12 (although it may also | 5 | | have students enrolled
in grades below grade 9).
| 6 | | "Local Attendance Area School" means a school which has a | 7 | | local
attendance area established by the board.
| 8 | | "Multi-area school" means a school other than a local | 9 | | attendance area school.
| 10 | | "Contract school" means an attendance center managed and | 11 | | operated by a for-profit or not-for-profit private entity | 12 | | retained by the board to provide instructional and other | 13 | | services to a majority of the pupils enrolled in the attendance | 14 | | center. | 15 | | "Contract turnaround school" means an experimental | 16 | | contract school created by the board to implement alternative | 17 | | governance in an attendance center subject to restructuring or | 18 | | similar intervention under federal law that has not made | 19 | | adequate yearly progress for 5 consecutive years or a time | 20 | | period set forth in federal law . | 21 | | "Parent" means a parent or legal guardian of an enrolled | 22 | | student of an
attendance center.
| 23 | | "Community resident" means a person, 18 years of age or | 24 | | older,
residing within an attendance area served by a school,
| 25 | | excluding any person who is a parent of a student enrolled in | 26 | | that
school; provided that with respect to any multi-area |
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| 1 | | school, community
resident means any person, 18 years of age or | 2 | | older, residing within the
voting district established for that | 3 | | school pursuant to Section 34-2.1c,
excluding any person who is | 4 | | a parent of a student enrolled in that school.
| 5 | | "School staff" means all certificated and uncertificated | 6 | | school
personnel, including all teaching and administrative | 7 | | staff (other than the
principal) and including all custodial, | 8 | | food service and other civil
service employees, who are | 9 | | employed at and assigned to perform the majority
of their | 10 | | employment duties at one attendance center served by the same
| 11 | | local school council.
| 12 | | "Regular meetings" means the meeting dates established by | 13 | | the local
school council at its annual organizational meeting.
| 14 | | (Source: P.A. 96-105, eff. 7-30-09.)
| 15 | | (105 ILCS 5/34-3.5)
| 16 | | Sec. 34-3.5.
Partnership agreement on advancing student
| 17 | | achievement; Every Student Succeeds Act No Child Left Behind | 18 | | Act of 2001 .
| 19 | | (a) The General Assembly finds that the Chicago Teachers | 20 | | Union,
the Chicago Board of Education, and the district's chief | 21 | | executive officer
have a common responsibility beyond their | 22 | | statutory collective
bargaining relationship to institute | 23 | | purposeful education reforms in the
Chicago Public Schools that | 24 | | maximize the number of students in the
Chicago Public Schools | 25 | | who reach or exceed proficiency with regard to State
academic |
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| 1 | | standards and assessments. The General Assembly further
finds | 2 | | that education reform in the Chicago Public Schools must be
| 3 | | premised on a commitment by all stakeholders to redefine | 4 | | relationships,
develop, implement, and evaluate programs, seek | 5 | | new and additional
resources, improve the value of educational | 6 | | programs to students,
accelerate the quality of teacher | 7 | | training, improve instructional
excellence, and develop and | 8 | | implement strategies to comply with the
federal Every Student | 9 | | Succeeds Act No Child Left Behind Act of 2001 (Public Law | 10 | | 107-110) .
| 11 | | The Chicago Board of Education and the district's chief | 12 | | executive
officer shall enter into a partnership agreement with | 13 | | the Chicago
Teachers Union to allow the parties to work | 14 | | together to advance the
Chicago Public Schools to the next | 15 | | level of education reform. This
agreement must be entered into | 16 | | and take effect within 90 days after the
effective date of this | 17 | | amendatory Act of the 93rd General Assembly. As
part of this | 18 | | agreement, the Chicago Teachers Union, the Chicago Board
of | 19 | | Education, and the district's chief executive officer shall | 20 | | jointly file a
report with the General Assembly at the end of | 21 | | each school year with
respect to the nature of the reforms that | 22 | | the parties have instituted, the
effect
of these reforms on | 23 | | student achievement, and any other matters that the
parties | 24 | | deem relevant to evaluating the effectiveness of the agreement.
| 25 | | (b) Decisions concerning matters of inherent managerial | 26 | | policy
necessary to comply with the federal Every Student |
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| 1 | | Succeeds Act No Child Left Behind Act of 2001
(Public Law | 2 | | 107-110) , including such areas of discretion or policy as the
| 3 | | functions of the employer, the standards and delivery of | 4 | | educational
services and programs, the district's overall | 5 | | budget, the district's
organizational structure, student | 6 | | assignment, school choice, and the
selection of new employees | 7 | | and direction of employees, and the impact of
these decisions | 8 | | on individual employees or the bargaining unit shall be
| 9 | | permissive subjects of bargaining between the educational | 10 | | employer and
the exclusive bargaining representative and are | 11 | | within the sole discretion
of the educational employer to | 12 | | decide to bargain.
This subsection (b) is
exclusive of the | 13 | | parties' obligations and responsibilities under Section
4.5 of | 14 | | the Illinois Educational Labor Relations Act
(provided that any | 15 | | dispute or impasse that
may arise
under this subsection (b) | 16 | | shall be
resolved exclusively as set forth in subsection (b) of | 17 | | Section 12 of the
Illinois
Educational Labor Relations Act in | 18 | | lieu of a strike under Section 13 of
the Illinois Educational | 19 | | Labor Relations Act).
| 20 | | (Source: P.A. 93-3, eff. 4-16-03.)
| 21 | | (105 ILCS 5/34-18.24)
| 22 | | Sec. 34-18.24. Transfer of students.
| 23 | | (a) The board shall
establish and
implement a
policy | 24 | | governing the transfer of a student from one attendance center | 25 | | to
another within the
school district upon the request of the |
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| 1 | | student's parent or guardian.
Any request by a parent or | 2 | | guardian to transfer his or her child from one
attendance
| 3 | | center to another
within the school district pursuant to | 4 | | Section 1116 of the federal Elementary
and
Secondary Education
| 5 | | Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 | 6 | | days after the
parent or guardian
receives notice of the right | 7 | | to transfer pursuant to that law.
A
student may not transfer to | 8 | | any of the following attendance centers, except by
change in
| 9 | | residence if the policy authorizes enrollment based on | 10 | | residence in an
attendance area
or unless approved by the board | 11 | | on an individual basis:
| 12 | | (1) An attendance center that exceeds or as a result of | 13 | | the
transfer would
exceed its attendance capacity.
| 14 | | (2) An attendance center for which the board has | 15 | | established
academic
criteria for enrollment if the | 16 | | student does not meet the criteria , provided
that the | 17 | | transfer must be permitted if the attendance center is the | 18 | | only
attendance center serving the student's grade
that has | 19 | | not been identified for school
improvement, corrective | 20 | | action, or restructuring under Section
1116 of the federal | 21 | | Elementary and Secondary Education Act of 1965 (20 U.S.C.
| 22 | | Sec.
6317) .
| 23 | | (3) Any attendance center if the transfer would
prevent | 24 | | the school district from meeting its obligations under a | 25 | | State or
federal law,
court
order, or consent
decree
| 26 | | applicable to the school district.
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| 1 | | (b) The board shall establish and implement a policy governing | 2 | | the
transfer of students within the school district from a | 3 | | persistently dangerous
attendance center to another attendance | 4 | | center in that district that is not
deemed to be
persistently | 5 | | dangerous.
In order to be considered a persistently dangerous | 6 | | attendance center, the
attendance center must meet all of the | 7 | | following criteria for 2 consecutive
years:
| 8 | | (1) Have greater than 3% of the students enrolled in | 9 | | the attendance center
expelled for violence-related | 10 | | conduct.
| 11 | | (2) Have one or more students expelled for bringing a | 12 | | firearm to school
as defined in 18 U.S.C. 921.
| 13 | | (3) Have at least 3% of the students enrolled in the | 14 | | attendance center
exercise the
individual option to | 15 | | transfer attendance centers pursuant to subsection (c) of
| 16 | | this
Section.
| 17 | | (c) A student may transfer from one attendance center to
| 18 | | another attendance center within the district if the student is | 19 | | a victim of a
violent
crime as defined in Section 3 of the | 20 | | Rights of Crime Victims and Witnesses Act.
The violent crime | 21 | | must have occurred on school grounds during regular school
| 22 | | hours or during a school-sponsored event.
| 23 | | (d) (Blank). Transfers made pursuant to subsections (b) and | 24 | | (c) of this Section shall
be made in compliance with the | 25 | | federal No Child Left Behind Act of 2001 (Public
Law 107-110).
| 26 | | (Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
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| 1 | | (105 ILCS 5/2-3.25d rep.)
| 2 | | (105 ILCS 5/10-20.39 rep.)
| 3 | | (105 ILCS 5/21B-200 rep.) | 4 | | (105 ILCS 5/34-18.31 rep.) | 5 | | Section 10. The School Code is amended by repealing | 6 | | Sections 2-3.25d, 10-20.39, 21B-200, and 34-18.31.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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