Public Act 101-0643
 
SB1569 EnrolledLRB101 09273 AXK 54367 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
1H-115, 2-3.64a-5, 2-3.71, 2-3.170, 10-19, 10-19.05, 10-20.56,
10-21.9, 14-8.02f, 14-8.02h, 17-2.11, 17-2A, 18-8.15, 21A-5,
21A-30, 21A-35, 21B-20, 21B-35, 21B-45, 21B-50, 24-11, 24-12,
24A-5, 27-3, 27-6.5, 27-8.1, 27-21, 27-22, 34-2.1, 34-2.2,
34-18.5, 34-85, and 34-85c and by adding Sections 10-30,
21B-110, 21B-115, 22-89, and 34-18.66 as follows:
 
    (105 ILCS 5/1H-115)
    Sec. 1H-115. Abolition of Panel.
    (a) Except as provided in subsections (b), (c), and (d),
and (e) of this Section, the Panel shall be abolished 10 years
after its creation.
    (b) The State Board, upon recommendation of the Panel or
petition of the school board, may abolish the Panel at any time
after the Panel has been in existence for 3 years if no
obligations of the Panel are outstanding or remain undefeased
and upon investigation and finding that:
        (1) none of the factors specified in Section 1A-8 of
    this Code remain applicable to the district; and
        (2) there has been substantial achievement of the goals
    and objectives established pursuant to the financial plan
    and required under Section 1H-15 of this Code.
    (c) The Panel of a district that otherwise meets all of the
requirements for abolition of a Panel under subsection (b) of
this Section, except for the fact that there are outstanding
financial obligations of the Panel, may petition the State
Board for reinstatement of all of the school board's powers and
duties assumed by the Panel; and if approved by the State
Board, then:
        (1) the Panel shall continue in operation, but its
    powers and duties shall be limited to those necessary to
    manage and administer its outstanding obligations;
        (2) the school board shall once again begin exercising
    all of the powers and duties otherwise allowed by statute;
    and
        (3) the Panel shall be abolished as provided in
    subsection (a) of this Section.
    (d) If the Panel of a district otherwise meets all of the
requirements for abolition of a Panel under subsection (b) of
this Section, except for outstanding obligations of the Panel,
then the district may petition the State Board for abolition of
the Panel if the district:
        (1) establishes an irrevocable trust fund, the purpose
    of which is to provide moneys to defease the outstanding
    obligations of the Panel; and
        (2) issues funding bonds pursuant to the provisions of
    Sections 19-8 and 19-9 of this Code.
    A district with a Panel that falls under this subsection
(d) shall be abolished as provided in subsection (a) of this
Section.
    (e) The duration of a Panel may be continued for more than
10 years after the date of its creation if the State Board
extends the Panel's duration under paragraph (3) of subsection
(e) of Section 18-8.15 of this Code.
(Source: P.A. 97-429, eff. 8-16-11; 98-463, eff. 8-16-13.)
 
    (105 ILCS 5/2-3.64a-5)
    Sec. 2-3.64a-5. State goals and assessment.
    (a) For the assessment and accountability purposes of this
Section, "students" includes those students enrolled in a
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control, a charter school operating in compliance with
the Charter Schools Law, a school operated by a regional office
of education under Section 13A-3 of this Code, or a public
school administered by a local public agency or the Department
of Human Services.
    (b) The State Board of Education shall establish the
academic standards that are to be applicable to students who
are subject to State assessments under this Section. The State
Board of Education shall not establish any such standards in
final form without first providing opportunities for public
participation and local input in the development of the final
academic standards. Those opportunities shall include a
well-publicized period of public comment and opportunities to
file written comments.
    (c) Beginning no later than the 2014-2015 school year, the
State Board of Education shall annually assess all students
enrolled in grades 3 through 8 in English language arts and
mathematics.
    Beginning no later than the 2017-2018 school year, the
State Board of Education shall annually assess all students in
science at one grade in grades 3 through 5, at one grade in
grades 6 through 8, and at one grade in grades 9 through 12.
    The State Board of Education shall annually assess schools
that operate a secondary education program, as defined in
Section 22-22 of this Code, in English language arts and
mathematics. The State Board of Education shall administer no
more than 3 assessments, per student, of English language arts
and mathematics for students in a secondary education program.
One of these assessments shall be recognized by this State's
public institutions of higher education, as defined in the
Board of Higher Education Act, for the purpose of student
application or admissions consideration. The assessment
administered by the State Board of Education for the purpose of
student application to or admissions consideration by
institutions of higher education must be administered on a
school day during regular student attendance hours.
    Students who do not take the State's final accountability
assessment or its approved alternate assessment may not receive
a regular high school diploma unless the student is exempted
from taking the State assessments under subsection (d) of this
Section because the student is enrolled in a program of adult
and continuing education, as defined in the Adult Education
Act, or the student is identified by the State Board of
Education, through rules, as being exempt from the assessment.
    The State Board of Education shall not assess students
under this Section in subjects not required by this Section.
    Districts shall inform their students of the timelines and
procedures applicable to their participation in every yearly
administration of the State assessments. The State Board of
Education shall establish periods of time in each school year
during which State assessments shall occur to meet the
objectives of this Section.
    The requirements of this subsection do not apply if the
State Board of Education has received a waiver from the
administration of assessments from the U.S. Department of
Education.
    (d) Every individualized educational program as described
in Article 14 shall identify if the State assessment or
components thereof require accommodation for the student. The
State Board of Education shall develop rules governing the
administration of an alternate assessment that may be available
to students for whom participation in this State's regular
assessments is not appropriate, even with accommodations as
allowed under this Section.
    Students receiving special education services whose
individualized educational programs identify them as eligible
for the alternative State assessments nevertheless shall have
the option of also taking this State's regular final
accountability assessment, which shall be administered in
accordance with the eligible accommodations appropriate for
meeting these students' respective needs.
    All students determined to be English learners shall
participate in the State assessments. The scores of those
students who have been enrolled in schools in the United States
for less than 12 months may not be used for the purposes of
accountability. Any student determined to be an English learner
shall receive appropriate assessment accommodations, including
language supports, which shall be established by rule. Approved
assessment accommodations must be provided until the student's
English language skills develop to the extent that the student
is no longer considered to be an English learner, as
demonstrated through a State-identified English language
proficiency assessment.
    (e) The results or scores of each assessment taken under
this Section shall be made available to the parents of each
student.
    In each school year, the scores attained by a student on
the final accountability assessment must be placed in the
student's permanent record pursuant to rules that the State
Board of Education shall adopt for that purpose in accordance
with Section 3 of the Illinois School Student Records Act. In
each school year, the scores attained by a student on the State
assessments administered in grades 3 through 8 must be placed
in the student's temporary record.
    (f) All schools shall administer the State's academic
assessment of English language proficiency to all children
determined to be English learners.
    (g) All schools in this State that are part of the sample
drawn by the National Center for Education Statistics, in
collaboration with their school districts and the State Board
of Education, shall administer the academic assessments under
the National Assessment of Educational Progress carried out
under Section 411(b)(2) of the federal National Education
Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary
of Education pays the costs of administering the assessments.
    (h) (Blank).
    (i) For the purposes of this subsection (i), "academically
based assessments" means assessments consisting of questions
and answers that are measurable and quantifiable to measure the
knowledge, skills, and ability of students in the subject
matters covered by the assessments. All assessments
administered pursuant to this Section must be academically
based assessments. The scoring of academically based
assessments shall be reliable, valid, and fair and shall meet
the guidelines for assessment development and use prescribed by
the American Psychological Association, the National Council
on Measurement in Education, and the American Educational
Research Association.
    The State Board of Education shall review the use of all
assessment item types in order to ensure that they are valid
and reliable indicators of student performance aligned to the
learning standards being assessed and that the development,
administration, and scoring of these item types are justifiable
in terms of cost.
    (j) The State Superintendent of Education shall appoint a
committee of no more than 21 members, consisting of parents,
teachers, school administrators, school board members,
assessment experts, regional superintendents of schools, and
citizens, to review the State assessments administered by the
State Board of Education. The Committee shall select one of its
members as its chairperson. The Committee shall meet on an
ongoing basis to review the content and design of the
assessments (including whether the requirements of subsection
(i) of this Section have been met), the time and money expended
at the local and State levels to prepare for and administer the
assessments, the collective results of the assessments as
measured against the stated purpose of assessing student
performance, and other issues involving the assessments
identified by the Committee. The Committee shall make periodic
recommendations to the State Superintendent of Education and
the General Assembly concerning the assessments.
    (k) The State Board of Education may adopt rules to
implement this Section.
(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
100-863, eff. 8-14-18; 100-1046, eff. 8-23-18.)
 
    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
    Sec. 2-3.71. Grants for preschool educational programs.
    (a) Preschool program.
        (1) The State Board of Education shall implement and
    administer a grant program under the provisions of this
    subsection which shall consist of grants to public school
    districts and other eligible entities, as defined by the
    State Board of Education, to conduct voluntary preschool
    educational programs for children ages 3 to 5 which include
    a parent education component. A public school district
    which receives grants under this subsection may
    subcontract with other entities that are eligible to
    conduct a preschool educational program. These grants must
    be used to supplement, not supplant, funds received from
    any other source.
        (2) (Blank).
        (3) Except as otherwise provided under this subsection
    (a), any teacher of preschool children in the program
    authorized by this subsection shall hold a Professional
    Educator License with an early childhood education
    endorsement.
        (3.5) Beginning with the 2018-2019 school year and
    until the 2023-2024 school year, an individual may teach
    preschool children in an early childhood program under this
    Section if he or she holds a Professional Educator License
    with an early childhood education endorsement or with
    short-term approval for early childhood education or he or
    she pursues a Professional Educator License and holds any
    of the following:
            (A) An ECE Credential Level of 5 awarded by the
        Department of Human Services under the Gateways to
        Opportunity Program developed under Section 10-70 of
        the Department of Human Services Act.
            (B) An Educator License with Stipulations with a
        transitional bilingual educator endorsement and he or
        she has (i) passed an early childhood education content
        test or (ii) completed no less than 9 semester hours of
        postsecondary coursework in the area of early
        childhood education.
        (4) (Blank).
        (4.5) The State Board of Education shall provide the
    primary source of funding through appropriations for the
    program. Such funds shall be distributed to achieve a goal
    of "Preschool for All Children" for the benefit of all
    children whose families choose to participate in the
    program. Based on available appropriations, newly funded
    programs shall be selected through a process giving first
    priority to qualified programs serving primarily at-risk
    children and second priority to qualified programs serving
    primarily children with a family income of less than 4
    times the poverty guidelines updated periodically in the
    Federal Register by the U.S. Department of Health and Human
    Services under the authority of 42 U.S.C. 9902(2). For
    purposes of this paragraph (4.5), at-risk children are
    those who because of their home and community environment
    are subject to such language, cultural, economic and like
    disadvantages to cause them to have been determined as a
    result of screening procedures to be at risk of academic
    failure. Such screening procedures shall be based on
    criteria established by the State Board of Education.
        Except as otherwise provided in this paragraph (4.5),
    grantees under the program must enter into a memorandum of
    understanding with the appropriate local Head Start
    agency. This memorandum must be entered into no later than
    3 months after the award of a grantee's grant under the
    program, except that, in the case of the 2009-2010 program
    year, the memorandum must be entered into no later than the
    deadline set by the State Board of Education for
    applications to participate in the program in fiscal year
    2011, and must address collaboration between the grantee's
    program and the local Head Start agency on certain issues,
    which shall include without limitation the following:
            (A) educational activities, curricular objectives,
        and instruction;
            (B) public information dissemination and access to
        programs for families contacting programs;
            (C) service areas;
            (D) selection priorities for eligible children to
        be served by programs;
            (E) maximizing the impact of federal and State
        funding to benefit young children;
            (F) staff training, including opportunities for
        joint staff training;
            (G) technical assistance;
            (H) communication and parent outreach for smooth
        transitions to kindergarten;
            (I) provision and use of facilities,
        transportation, and other program elements;
            (J) facilitating each program's fulfillment of its
        statutory and regulatory requirements;
            (K) improving local planning and collaboration;
        and
            (L) providing comprehensive services for the
        neediest Illinois children and families.
    If the appropriate local Head Start agency is unable or
    unwilling to enter into a memorandum of understanding as
    required under this paragraph (4.5), the memorandum of
    understanding requirement shall not apply and the grantee
    under the program must notify the State Board of Education
    in writing of the Head Start agency's inability or
    unwillingness. The State Board of Education shall compile
    all such written notices and make them available to the
    public.
        (5) The State Board of Education shall develop and
    provide evaluation tools, including tests, that school
    districts and other eligible entities may use to evaluate
    children for school readiness prior to age 5. The State
    Board of Education shall require school districts and other
    eligible entities to obtain consent from the parents or
    guardians of children before any evaluations are
    conducted. The State Board of Education shall encourage
    local school districts and other eligible entities to
    evaluate the population of preschool children in their
    communities and provide preschool programs, pursuant to
    this subsection, where appropriate.
        (6) The State Board of Education shall report to the
    General Assembly by November 1, 2018 and every 2 years
    thereafter on the results and progress of students who were
    enrolled in preschool educational programs, including an
    assessment of which programs have been most successful in
    promoting academic excellence and alleviating academic
    failure. The State Board of Education shall assess the
    academic progress of all students who have been enrolled in
    preschool educational programs.
        On or before November 1 of each fiscal year in which
    the General Assembly provides funding for new programs
    under paragraph (4.5) of this Section, the State Board of
    Education shall report to the General Assembly on what
    percentage of new funding was provided to programs serving
    primarily at-risk children, what percentage of new funding
    was provided to programs serving primarily children with a
    family income of less than 4 times the federal poverty
    level, and what percentage of new funding was provided to
    other programs.
        (7) Due to evidence that expulsion practices in the
    preschool years are linked to poor child outcomes and are
    employed inconsistently across racial and gender groups,
    early childhood programs receiving State funds under this
    subsection (a) shall prohibit expulsions. Planned
    transitions to settings that are able to better meet a
    child's needs are not considered expulsion under this
    paragraph (7).
            (A) When persistent and serious challenging
        behaviors emerge, the early childhood program shall
        document steps taken to ensure that the child can
        participate safely in the program; including
        observations of initial and ongoing challenging
        behaviors, strategies for remediation and intervention
        plans to address the behaviors, and communication with
        the parent or legal guardian, including participation
        of the parent or legal guardian in planning and
        decision-making.
            (B) The early childhood program shall, with
        parental or legal guardian consent as required,
        utilize a range of community resources, if available
        and deemed necessary, including, but not limited to,
        developmental screenings, referrals to programs and
        services administered by a local educational agency or
        early intervention agency under Parts B and C of the
        federal Individual with Disabilities Education Act,
        and consultation with infant and early childhood
        mental health consultants and the child's health care
        provider. The program shall document attempts to
        engage these resources, including parent or legal
        guardian participation and consent attempted and
        obtained. Communication with the parent or legal
        guardian shall take place in a culturally and
        linguistically competent manner.
            (C) If there is documented evidence that all
        available interventions and supports recommended by a
        qualified professional have been exhausted and the
        program determines in its professional judgment that
        transitioning a child to another program is necessary
        for the well-being of the child or his or her peers and
        staff, with parent or legal guardian permission, both
        the current and pending programs shall create a
        transition plan designed to ensure continuity of
        services and the comprehensive development of the
        child. Communication with families shall occur in a
        culturally and linguistically competent manner.
            (D) Nothing in this paragraph (7) shall preclude a
        parent's or legal guardian's right to voluntarily
        withdraw his or her child from an early childhood
        program. Early childhood programs shall request and
        keep on file, when received, a written statement from
        the parent or legal guardian stating the reason for his
        or her decision to withdraw his or her child.
            (E) In the case of the determination of a serious
        safety threat to a child or others or in the case of
        behaviors listed in subsection (d) of Section 10-22.6
        of this Code, the temporary removal of a child from
        attendance in group settings may be used. Temporary
        removal of a child from attendance in a group setting
        shall trigger the process detailed in subparagraphs
        (A), (B), and (C) of this paragraph (7), with the child
        placed back in a group setting as quickly as possible.
            (F) Early childhood programs may utilize and the
        State Board of Education, the Department of Human
        Services, and the Department of Children and Family
        Services shall recommend training, technical support,
        and professional development resources to improve the
        ability of teachers, administrators, program
        directors, and other staff to promote social-emotional
        development and behavioral health, to address
        challenging behaviors, and to understand trauma and
        trauma-informed care, cultural competence, family
        engagement with diverse populations, the impact of
        implicit bias on adult behavior, and the use of
        reflective practice techniques. Support shall include
        the availability of resources to contract with infant
        and early childhood mental health consultants.
            (G) Beginning on July 1, 2018, early childhood
        programs shall annually report to the State Board of
        Education, and, beginning in fiscal year 2020, the
        State Board of Education shall make available on a
        biennial basis, in an existing report, all of the
        following data for children from birth to age 5 who are
        served by the program:
                (i) Total number served over the course of the
            program year and the total number of children who
            left the program during the program year.
                (ii) Number of planned transitions to another
            program due to children's behavior, by children's
            race, gender, disability, language, class/group
            size, teacher-child ratio, and length of program
            day.
                (iii) Number of temporary removals of a child
            from attendance in group settings due to a serious
            safety threat under subparagraph (E) of this
            paragraph (7), by children's race, gender,
            disability, language, class/group size,
            teacher-child ratio, and length of program day.
                (iv) Hours of infant and early childhood
            mental health consultant contact with program
            leaders, staff, and families over the program
            year.
            (H) Changes to services for children with an
        individualized education program or individual family
        service plan shall be construed in a manner consistent
        with the federal Individuals with Disabilities
        Education Act.
        The State Board of Education, in consultation with the
    Governor's Office of Early Childhood Development and the
    Department of Children and Family Services, shall adopt
    rules to administer this paragraph (7).
    (b) (Blank).
    (c) Notwithstanding any other provisions of this Section,
grantees may serve children ages 0 to 12 of essential workers
if the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act. For the purposes of this subsection,
essential workers include those outlined in Executive Order
20-8 and school employees. The State Board of Education shall
adopt rules to administer this subsection.
(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18.)
 
    (105 ILCS 5/2-3.170)
    Sec. 2-3.170. Property tax relief pool grants.
    (a) As used in this Section,
    "EAV" means equalized assessed valuation as defined under
Section 18-8.15 of this Code.
    "Property tax multiplier" equals one minus the square of
the school district's Local Capacity Percentage, as defined in
Section 18-8.15 of this Code.
    "Local capacity percentage multiplier" means one minus the
school district's Local Capacity Percentage, as defined in
Section 18-8.15.
    "State Board" means the State Board of Education.
    (b) Subject to appropriation, the State Board shall provide
grants to eligible school districts that provide tax relief to
the school district's residents, which may be no greater than
1% of EAV for a unit district, 0.69% of EAV for an elementary
school district, or 0.31% of EAV for a high school district, as
provided in this Section.
    (b-5) School districts may apply for property tax relief
under this Section concurrently to setting their levy for the
fiscal year. The intended relief may not be greater than 1% of
the EAV for a unit district, 0.69% of the EAV for an elementary
school district, or 0.31% of the EAV for a high school
district, multiplied by the school district's local capacity
percentage multiplier. The State Board shall process
applications for relief, providing a grant to those districts
with the highest operating tax rate, as determined by those
districts with the highest percentage of the simple average
operating tax rate of districts of the same type, either
elementary, high school, or unit, first, in an amount equal to
the intended relief multiplied by the property tax multiplier.
The State Board shall provide grants to school districts in
order of priority until the property tax relief pool is
exhausted. If more school districts apply for relief under this
subsection than there are funds available, the State Board must
distribute the grants and prorate any remaining funds to the
final school district that qualifies for grant relief. The
abatement amount for that district must be equal to the grant
amount divided by the property tax multiplier.
    If a school district receives the State Board's approval of
a grant under this Section by March 1 of the fiscal year, the
school district shall present a duly authorized and approved
abatement resolution by March 30 of the fiscal year to the
county clerk of each county in which the school files its levy,
authorizing the county clerk to lower the school district's
levy by the amount designated in its application to the State
Board. When the preceding requisites are satisfied, the county
clerk shall reduce the amount collected for the school district
by the amount indicated in the school district's abatement
resolution for that fiscal year.
    (c) (Blank).
    (d) School districts seeking grants under this Section
shall apply to the State Board each year. All applications to
the State Board for grants shall include the amount of the tax
relief intended by the school district.
    (e) Each year, based on the most recent available data
provided by school districts pursuant to Section 18-8.15 of
this Code, the State Board shall calculate the order of
priority for grant eligibility under subsection (b-5) and
publish a list of the school districts eligible for relief. The
State Board shall provide grants in the manner provided under
subsection (b-5).
    (f) The State Board shall publish a final list of eligible
grant recipients and provide payment of the grants by March 1
of each year.
    (g) If notice of eligibility from the State Board is
received by a school district by March 1, then by March 30, the
school district shall file an abatement of its property tax
levy in an amount equal to the grant received under this
Section divided by the property tax multiplier. Payment of all
grant amounts shall be made by June 1 each fiscal year. The
State Superintendent of Education shall establish the timeline
in such cases in which notice cannot be made by March 1.
    (h) The total property tax relief allowable to a school
district under this Section shall be calculated based on the
total amount of reduction in the school district's aggregate
extension. The total grant shall be equal to the reduction,
multiplied by the property tax multiplier. The reduction shall
be equal to 1% of a district's EAV for a unit school district,
0.69% for an elementary school district, or 0.31% for a high
school district, multiplied by the school district's local
capacity percentage multiplier.
    (i) If the State Board does not expend all appropriations
allocated pursuant to this Section, then any remaining funds
shall be allocated pursuant to Section 18-8.15 of this Code.
    (j) The State Board shall prioritize payments under Section
18-8.15 of this Code over payments under this Section, if
necessary.
    (k) Any grants received by a school district shall be
included in future calculations of that school district's Base
Funding Minimum under Section 18-8.15 of this Code. Beginning
with Fiscal Year 2020, if a school district receives a grant
under this Section, the school district must present to the
county clerk a duly authorized and approved abatement
resolution by March 30 for the year in which the school
district receives the grant and the successive fiscal year
following the receipt of the grant, authorizing the county
clerk to lower the school district's levy by the amount
designated in its original application to the State Board.
After receiving a resolution, the county clerk must reduce the
amount collected for the school district by the amount
indicated in the school district's abatement resolution for
that fiscal year. If a school district does not abate in this
amount for the successive fiscal year, the grant amount may not
be included in the school district's Base Funding Minimum under
Section 18-8.15 in the fiscal year following the tax year in
which the abatement is not authorized and in any future fiscal
year thereafter, and the county clerk must notify the State
Board of the increase no later 30 days after it occurs.
    (l) In the immediate 2 consecutive tax years year following
receipt of a Property Tax Pool Relief Grant, the aggregate
extension base levy of any school district receiving a grant
under this Section, for purposes of the Property Tax Extension
Limitation Law, shall include the tax relief the school
district provided in the previous taxable year under this
Section.
(Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18;
100-863, eff. 8-14-18; 101-17, eff. 6-14-19.)
 
    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
    Sec. 10-19. Length of school term - experimental programs.
Each school board shall annually prepare a calendar for the
school term, specifying the opening and closing dates and
providing a minimum term of at least 185 days to insure 176
days of actual pupil attendance, computable under Section
10-19.05, except that for the 1980-1981 school year only 175
days of actual pupil attendance shall be required because of
the closing of schools pursuant to Section 24-2 on January 29,
1981 upon the appointment by the President of that day as a day
of thanksgiving for the freedom of the Americans who had been
held hostage in Iran. Any days allowed by law for teachers'
institutes but not used as such or used as parental institutes
as provided in Section 10-22.18d shall increase the minimum
term by the school days not so used. Except as provided in
Section 10-19.1, the board may not extend the school term
beyond such closing date unless that extension of term is
necessary to provide the minimum number of computable days. In
case of such necessary extension school employees shall be paid
for such additional time on the basis of their regular
contracts. A school board may specify a closing date earlier
than that set on the annual calendar when the schools of the
district have provided the minimum number of computable days
under this Section. Nothing in this Section prevents the board
from employing superintendents of schools, principals and
other nonteaching personnel for a period of 12 months, or in
the case of superintendents for a period in accordance with
Section 10-23.8, or prevents the board from employing other
personnel before or after the regular school term with payment
of salary proportionate to that received for comparable work
during the school term. Remote learning days, blended remote
learning days, and up to 5 remote and blended remote learning
planning days established under Section 10-30 or 34-18.66 shall
be deemed pupil attendance days for calculation of the length
of a school term under this Section.
    A school board may make such changes in its calendar for
the school term as may be required by any changes in the legal
school holidays prescribed in Section 24-2. A school board may
make changes in its calendar for the school term as may be
necessary to reflect the utilization of teachers' institute
days as parental institute days as provided in Section
10-22.18d.
    The calendar for the school term and any changes must be
submitted to and approved by the regional superintendent of
schools before the calendar or changes may take effect.
    With the prior approval of the State Board of Education and
subject to review by the State Board of Education every 3
years, any school board may, by resolution of its board and in
agreement with affected exclusive collective bargaining
agents, establish experimental educational programs, including
but not limited to programs for e-learning days as authorized
under Section 10-20.56 of this Code, self-directed learning, or
outside of formal class periods, which programs when so
approved shall be considered to comply with the requirements of
this Section as respects numbers of days of actual pupil
attendance and with the other requirements of this Act as
respects courses of instruction.
(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.)
 
    (105 ILCS 5/10-19.05)
    Sec. 10-19.05. Daily pupil attendance calculation.
    (a) Except as otherwise provided in this Section, for a
pupil of legal school age and in kindergarten or any of grades
1 through 12, a day of attendance shall be counted only for
sessions of not less than 5 clock hours of school work per day
under direct supervision of (i) teachers or (ii) non-teaching
personnel or volunteer personnel when engaging in non-teaching
duties and supervising in those instances specified in
subsection (a) of Section 10-22.34 and paragraph 10 of Section
34-18. Days of attendance by pupils through verified
participation in an e-learning program adopted by a school
board and verified by the regional office of education or
intermediate service center for the school district under
Section 10-20.56 of this Code shall be considered as full days
of attendance under this Section.
    (b) A pupil regularly enrolled in a public school for only
a part of the school day may be counted on the basis of
one-sixth of a school day for every class hour of instruction
of 40 minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of 80
minutes or more of instruction, in which case the pupil may be
counted on the basis of the proportion of minutes of school
work completed each day to the minimum number of minutes that
school work is required to be held that day.
    (c) A session of 4 or more clock hours may be counted as a
day of attendance upon certification by the regional
superintendent of schools and approval by the State
Superintendent of Education to the extent that the district has
been forced to use daily multiple sessions.
    (d) A session of 3 or more clock hours may be counted as a
day of attendance (1) when the remainder of the school day or
at least 2 hours in the evening of that day is utilized for an
in-service training program for teachers, up to a maximum of 10
days per school year, provided that a district conducts an
in-service training program for teachers in accordance with
Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
full days may be used, in which event each such day may be
counted as a day required for a legal school calendar pursuant
to Section 10-19 of this Code; (2) when, of the 5 days allowed
under item (1), a maximum of 4 days are used for parent-teacher
conferences, or, in lieu of 4 such days, 2 full days are used,
in which case each such day may be counted as a calendar day
required under Section 10-19 of this Code, provided that the
full-day, parent-teacher conference consists of (i) a minimum
of 5 clock hours of parent-teacher conferences, (ii) both a
minimum of 2 clock hours of parent-teacher conferences held in
the evening following a full day of student attendance and a
minimum of 3 clock hours of parent-teacher conferences held on
the day immediately following evening parent-teacher
conferences, or (iii) multiple parent-teacher conferences held
in the evenings following full days of student attendance in
which the time used for the parent-teacher conferences is
equivalent to a minimum of 5 clock hours; and (3) when days in
addition to those provided in items (1) and (2) are scheduled
by a school pursuant to its school improvement plan adopted
under Article 34 or its revised or amended school improvement
plan adopted under Article 2, provided that (i) such sessions
of 3 or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which such
sessions occur are utilized for in-service training programs or
other staff development activities for teachers, and (iii) a
sufficient number of minutes of school work under the direct
supervision of teachers are added to the school days between
such regularly scheduled sessions to accumulate not less than
the number of minutes by which such sessions of 3 or more clock
hours fall short of 5 clock hours. Days scheduled for
in-service training programs, staff development activities, or
parent-teacher conferences may be scheduled separately for
different grade levels and different attendance centers of the
district.
    (e) A session of not less than one clock hour of teaching
hospitalized or homebound pupils on-site or by telephone to the
classroom may be counted as a half day of attendance; however,
these pupils must receive 4 or more clock hours of instruction
to be counted for a full day of attendance.
    (f) A session of at least 4 clock hours may be counted as a
day of attendance for first grade pupils and pupils in full-day
kindergartens, and a session of 2 or more hours may be counted
as a half day of attendance by pupils in kindergartens that
provide only half days of attendance.
    (g) For children with disabilities who are below the age of
6 years and who cannot attend 2 or more clock hours because of
their disability or immaturity, a session of not less than one
clock hour may be counted as a half day of attendance; however,
for such children whose educational needs require a session of
4 or more clock hours, a session of at least 4 clock hours may
be counted as a full day of attendance.
    (h) A recognized kindergarten that provides for only a half
day of attendance by each pupil shall not have more than one
half day of attendance counted in any one day. However,
kindergartens may count 2 and a half days of attendance in any
5 consecutive school days. When a pupil attends such a
kindergarten for 2 half days on any one school day, the pupil
shall have the following day as a day absent from school,
unless the school district obtains permission in writing from
the State Superintendent of Education. Attendance at
kindergartens that provide for a full day of attendance by each
pupil shall be counted the same as attendance by first grade
pupils. Only the first year of attendance in one kindergarten
shall be counted, except in the case of children who entered
the kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under rules of the State Board of Education.
    (i) On the days when the State's final accountability
assessment is administered under subsection (c) of Section
2-3.64a-5 of this Code, the day of attendance for a pupil whose
school day must be shortened to accommodate required testing
procedures may be less than 5 clock hours and shall be counted
toward the 176 days of actual pupil attendance required under
Section 10-19 of this Code, provided that a sufficient number
of minutes of school work in excess of 5 clock hours are first
completed on other school days to compensate for the loss of
school work on the examination days.
    (j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted on
the basis of a one-fifth day of attendance for every clock hour
of instruction attended in the remote educational program,
provided that, in any month, the school district may not claim
for a student enrolled in a remote educational program more
days of attendance than the maximum number of days of
attendance the district can claim (i) for students enrolled in
a building holding year-round classes if the student is
classified as participating in the remote educational program
on a year-round schedule or (ii) for students enrolled in a
building not holding year-round classes if the student is not
classified as participating in the remote educational program
on a year-round schedule.
    (j-5) The clock hour requirements of subsections (a)
through (j) of this Section do not apply if the Governor has
declared a disaster due to a public health emergency pursuant
to Section 7 of the Illinois Emergency Management Agency Act.
The State Superintendent of Education may establish minimum
clock hour requirements under Sections 10-30 and 34-18.66 if
the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act.
    (k) Pupil participation in any of the following activities
shall be counted toward the calculation of clock hours of
school work per day:
        (1) Instruction in a college course in which a student
    is dually enrolled for both high school credit and college
    credit.
        (2) Participation in a Supervised Career Development
    Experience, as defined in Section 10 of the Postsecondary
    and Workforce Readiness Act, in which student
    participation and learning outcomes are supervised by an
    educator licensed under Article 21B.
        (3) Participation in a youth apprenticeship, as
    jointly defined in rules of the State Board of Education
    and Department of Commerce and Economic Opportunity, in
    which student participation and outcomes are supervised by
    an educator licensed under Article 21B.
        (4) Participation in a blended learning program
    approved by the school district in which course content,
    student evaluation, and instructional methods are
    supervised by an educator licensed under Article 21B.
(Source: P.A. 101-12, eff. 7-1-19.)
 
    (105 ILCS 5/10-20.56)
    Sec. 10-20.56. E-learning days.
    (a) The State Board of Education shall establish and
maintain, for implementation in school districts, a program for
use of electronic-learning (e-learning) days, as described in
this Section. School districts may utilize a program approved
under this Section for use during remote learning days and
blended remote learning days under Section 10-30 or 34-18.66.
    (b) The school board of a school district may, by
resolution, adopt a research-based program or research-based
programs for e-learning days district-wide that shall permit
student instruction to be received electronically while
students are not physically present in lieu of the district's
scheduled emergency days as required by Section 10-19 of this
Code. The research-based program or programs may not exceed the
minimum number of emergency days in the approved school
calendar and must be verified by the regional office of
education or intermediate service center for the school
district on or before September 1st annually to ensure access
for all students. The regional office of education or
intermediate service center shall ensure that the specific
needs of all students are met, including special education
students and English learners, and that all mandates are still
met using the proposed research-based program. The e-learning
program may utilize the Internet, telephones, texts, chat
rooms, or other similar means of electronic communication for
instruction and interaction between teachers and students that
meet the needs of all learners. The e-learning program shall
address the school district's responsibility to ensure that all
teachers and staff who may be involved in the provision of
e-learning have access to any and all hardware and software
that may be required for the program. If a proposed program
does not address this responsibility, the school district must
propose an alternate program.
    (c) Before its adoption by a school board, the school board
must hold a public hearing on a school district's initial
proposal for an e-learning program or for renewal of such a
program, at a regular or special meeting of the school board,
in which the terms of the proposal must be substantially
presented and an opportunity for allowing public comments must
be provided. Notice of such public hearing must be provided at
least 10 days prior to the hearing by:
        (1) publication in a newspaper of general circulation
    in the school district;
        (2) written or electronic notice designed to reach the
    parents or guardians of all students enrolled in the school
    district; and
        (3) written or electronic notice designed to reach any
    exclusive collective bargaining representatives of school
    district employees and all those employees not in a
    collective bargaining unit.
    (d) The regional office of education or intermediate
service center for the school district must timely verify that
a proposal for an e-learning program has met the requirements
specified in this Section and that the proposal contains
provisions designed to reasonably and practicably accomplish
the following:
        (1) to ensure and verify at least 5 clock hours of
    instruction or school work, as required under Section
    10-19.05, for each student participating in an e-learning
    day;
        (2) to ensure access from home or other appropriate
    remote facility for all students participating, including
    computers, the Internet, and other forms of electronic
    communication that must be utilized in the proposed
    program;
        (2.5) to ensure that non-electronic materials are made
    available to students participating in the program who do
    not have access to the required technology or to
    participating teachers or students who are prevented from
    accessing the required technology;
        (3) to ensure appropriate learning opportunities for
    students with special needs;
        (4) to monitor and verify each student's electronic
    participation;
        (5) to address the extent to which student
    participation is within the student's control as to the
    time, pace, and means of learning;
        (6) to provide effective notice to students and their
    parents or guardians of the use of particular days for
    e-learning;
        (7) to provide staff and students with adequate
    training for e-learning days' participation;
        (8) to ensure an opportunity for any collective
    bargaining negotiations with representatives of the school
    district's employees that would be legally required,
    including all classifications of school district employees
    who are represented by collective bargaining agreements
    and who would be affected in the event of an e-learning
    day;
        (9) to review and revise the program as implemented to
    address difficulties confronted; and
        (10) to ensure that the protocol regarding general
    expectations and responsibilities of the program is
    communicated to teachers, staff, and students at least 30
    days prior to utilizing an e-learning day.
    The school board's approval of a school district's initial
e-learning program and renewal of the e-learning program shall
be for a term of 3 years.
    (e) The State Board of Education may adopt rules consistent
with the provision of this Section.
(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19.)
 
    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
    Sec. 10-21.9. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database.
    (a) Licensed and nonlicensed applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any disqualifying,
enumerated criminal or drug offenses in subsection (c) of this
Section or have been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State. Authorization for the check shall be furnished by
the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher or
otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the check to the regional superintendent of
the educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Department of State Police, to the
Department. The regional superintendent submitting the
requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
that the check of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of
the school board for the school district that requested the
check, or to the regional superintendent who requested the
check. The Department shall charge the school district or the
appropriate regional superintendent a fee for conducting such
check, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and
the applicant shall not be charged a fee for such check by the
school district or by the regional superintendent, except that
those applicants seeking employment as a substitute teacher
with a school district may be charged a fee not to exceed the
cost of the inquiry. Subject to appropriations for these
purposes, the State Superintendent of Education shall
reimburse school districts and regional superintendents for
fees paid to obtain criminal history records checks under this
Section.
    (a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,
for each applicant. The check of the Statewide Sex Offender
Database must be conducted by the school district or regional
superintendent once for every 5 years that an applicant remains
employed by the school district.
    (a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the school
district or regional superintendent once for every 5 years that
an applicant remains employed by the school district.
    (b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or his
designee, the appropriate regional superintendent if the check
was requested by the school district, the presidents of the
appropriate school boards if the check was requested from the
Department of State Police by the regional superintendent, the
State Board of Education and a school district as authorized
under subsection (b-5), the State Superintendent of Education,
the State Educator Preparation and Licensure Board, any other
person necessary to the decision of hiring the applicant for
employment, or for clarification purposes the Department of
State Police or Statewide Sex Offender Database, or both. A
copy of the record of convictions obtained from the Department
of State Police shall be provided to the applicant for
employment. Upon the check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the school district or regional superintendent
shall notify an applicant as to whether or not the applicant
has been identified in the Database. If a check of an applicant
for employment as a substitute or concurrent part-time teacher
or concurrent educational support personnel employee in more
than one school district was requested by the regional
superintendent, and the Department of State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional superintendent
conducted a check of the Statewide Sex Offender Database or
Statewide Murderer and Violent Offender Against Youth
Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Department of State Police and its own
check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database as
provided in this Section. Any unauthorized release of
confidential information may be a violation of Section 7 of the
Criminal Identification Act.
    (b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with a school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
    (c) No school board shall knowingly employ a person who has
been convicted of any offense that would subject him or her to
license suspension or revocation pursuant to Section 21B-80 of
this Code, except as provided under subsection (b) of Section
21B-80. Further, no school board shall knowingly employ a
person who has been found to be the perpetrator of sexual or
physical abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987.
As a condition of employment, each school board must consider
the status of a person who has been issued an indicated finding
of abuse or neglect of a child by the Department of Children
and Family Services under the Abused and Neglected Child
Reporting Act or by a child welfare agency of another
jurisdiction.
    (d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check have has not been initiated.
    (e) Within 10 days after a superintendent, regional office
of education, or entity that provides background checks of
license holders to public schools receives information of a
pending criminal charge against a license holder for an offense
set forth in Section 21B-80 of this Code, the superintendent,
regional office of education, or entity must notify the State
Superintendent of Education of the pending criminal charge.
    If permissible by federal or State law, no later than 15
business days after receipt of a record of conviction or of
checking the Statewide Murderer and Violent Offender Against
Youth Database or the Statewide Sex Offender Database and
finding a registration, the superintendent of the employing
school board or the applicable regional superintendent shall,
in writing, notify the State Superintendent of Education of any
license holder who has been convicted of a crime set forth in
Section 21B-80 of this Code. Upon receipt of the record of a
conviction of or a finding of child abuse by a holder of any
license issued pursuant to Article 21B or Section 34-8.1 or
34-83 of the School Code, the State Superintendent of Education
may initiate licensure suspension and revocation proceedings
as authorized by law. If the receipt of the record of
conviction or finding of child abuse is received within 6
months after the initial grant of or renewal of a license, the
State Superintendent of Education may rescind the license
holder's license.
    (e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of Education
and the applicable regional superintendent of schools of any
license holder whom he or she has reasonable cause to believe
has committed an intentional act of abuse or neglect with the
result of making a child an abused child or a neglected child,
as defined in Section 3 of the Abused and Neglected Child
Reporting Act, and that act resulted in the license holder's
dismissal or resignation from the school district. This
notification must be submitted within 30 days after the
dismissal or resignation. The license holder must also be
contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Educator Preparation and Licensure
Board under this subsection (e-5) is confidential and must not
be disclosed to third parties, except (i) as necessary for the
State Superintendent of Education or his or her designee to
investigate and prosecute pursuant to Article 21B of this Code,
(ii) pursuant to a court order, (iii) for disclosure to the
license holder or his or her representative, or (iv) as
otherwise provided in this Article and provided that any such
information admitted into evidence in a hearing is exempt from
this confidentiality and non-disclosure requirement. Except
for an act of willful or wanton misconduct, any superintendent
who provides notification as required in this subsection (e-5)
shall have immunity from any liability, whether civil or
criminal or that otherwise might result by reason of such
action.
    (f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Department of State Police and
for conducting a check of the Statewide Sex Offender Database
for each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
    (f-5) Upon request of a school or school district, any
information obtained by a school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
    (g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district where the student teaching is to
be completed. Upon receipt of this authorization and payment,
the school district shall submit the student teacher's name,
sex, race, date of birth, social security number, fingerprint
images, and other identifiers, as prescribed by the Department
of State Police, to the Department of State Police. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of
the school board for the school district that requested the
check. The Department shall charge the school district a fee
for conducting the check, which fee must not exceed the cost of
the inquiry and must be deposited into the State Police
Services Fund. The school district shall further perform a
check of the Statewide Sex Offender Database, as authorized by
the Sex Offender Community Notification Law, and of the
Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school board may knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex Offender
Database check, and a Statewide Murderer and Violent Offender
Against Youth Database check have not been completed and
reviewed by the district.
    A copy of the record of convictions obtained from the
Department of State Police must be provided to the student
teacher. Any information concerning the record of convictions
obtained by the president of the school board is confidential
and may only be transmitted to the superintendent of the school
district or his or her designee, the State Superintendent of
Education, the State Educator Preparation and Licensure Board,
or, for clarification purposes, the Department of State Police
or the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
    No school board shall knowingly allow a person to student
teach who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, no
school board shall allow a person to student teach if he or she
has been found to be the perpetrator of sexual or physical
abuse of a minor under 18 years of age pursuant to proceedings
under Article II of the Juvenile Court Act of 1987. Each school
board must consider the status of a person to student teach who
has been issued an indicated finding of abuse or neglect of a
child by the Department of Children and Family Services under
the Abused and Neglected Child Reporting Act or by a child
welfare agency of another jurisdiction.
    (h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
revised 12-3-19.)
 
    (105 ILCS 5/10-30 new)
    Sec. 10-30. Remote and blended remote learning. This
Section applies if the Governor has declared a disaster due to
a public health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
        (1) If the Governor has declared a disaster due to a
    public health emergency pursuant to Section 7 of the
    Illinois Emergency Management Agency Act, the State
    Superintendent of Education may declare a requirement to
    use remote learning days or blended remote learning days
    for a school district, multiple school districts, a region,
    or the entire State. During remote learning days, schools
    shall conduct instruction remotely. During blended remote
    learning days, schools may utilize hybrid models of
    in-person and remote instruction. Once declared, remote
    learning days or blended remote learning days shall be
    implemented in grades pre-kindergarten through 12 as days
    of attendance and shall be deemed pupil attendance days for
    calculation of the length of a school term under Section
    10-19.
        (2) For purposes of this Section, a remote learning day
    or blended remote learning day may be met through a
    district's implementation of an e-learning program under
    Section 10-20.56.
        (3) For any district that does not implement an
    e-learning program under Section 10-20.56, the district
    shall adopt a remote and blended remote learning day plan
    approved by the district superintendent. Each district may
    utilize remote and blended remote learning planning days,
    consecutively or in separate increments, to develop,
    review, or amend its remote and blended remote learning day
    plan or provide professional development to staff
    regarding remote education. Up to 5 remote and blended
    remote learning planning days may be deemed pupil
    attendance days for calculation of the length of a school
    term under Section 10-19.
        (4) Each remote and blended remote learning day plan
    shall address the following:
            (i) accessibility of the remote instruction to all
        students enrolled in the district;
            (ii) if applicable, a requirement that the remote
        learning day and blended remote learning day
        activities reflect State learning standards;
            (iii) a means for students to confer with an
        educator, as necessary;
            (iv) the unique needs of students in special
        populations, including, but not limited to, students
        eligible for special education under Article 14,
        students who are English learners as defined in Section
        14C-2, and students experiencing homelessness under
        the Education for Homeless Children Act, or vulnerable
        student populations;
            (v) how the district will take attendance and
        monitor and verify each student's remote
        participation; and
            (vi) transitions from remote learning to on-site
        learning upon the State Superintendent's declaration
        that remote learning days or blended remote learning
        days are no longer deemed necessary.
        (5) The district superintendent shall periodically
    review and amend the district's remote and blended remote
    learning day plan, as needed, to ensure the plan meets the
    needs of all students.
        (6) Each remote and blended remote learning day plan
    shall be posted on the district's Internet website where
    other policies, rules, and standards of conduct are posted
    and shall be provided to students and faculty.
        (7) This Section does not create any additional
    employee bargaining rights and does not remove any employee
    bargaining rights.
        (8) Statutory and regulatory curricular mandates and
    offerings may be administered via a district's remote and
    blended remote learning day plan, except that a district
    may not offer individual behind-the-wheel instruction
    required by Section 27-24.2 via a district's remote and
    blended remote learning day plan. This Section does not
    relieve schools and districts from completing all
    statutory and regulatory curricular mandates and
    offerings.
 
    (105 ILCS 5/14-8.02f)
    Sec. 14-8.02f. Individualized education program meeting
protections.
    (a) (Blank).
    (b) This subsection (b) applies only to a school district
organized under Article 34. No later than 10 calendar days
prior to a child's individualized education program meeting or
as soon as possible if a meeting is scheduled within 10
calendar days with written parental consent, the school board
or school personnel must provide the child's parent or guardian
with a written notification of the services that require a
specific data collection procedure from the school district for
services related to the child's individualized education
program. The notification must indicate, with a checkbox,
whether specific data has been collected for the child's
individualized education program services. For purposes of
this subsection (b), individualized education program services
must include, but are not limited to, paraprofessional support,
an extended school year, transportation, therapeutic day
school, and services for specific learning disabilities.
    (c) Beginning on July 1, 2020, no later than 3 school days
prior to a child's individualized education program
eligibility meeting or meeting to determine a child's
eligibility for special education and related services or to
review a child's individualized education program, or as soon
as possible if an individualized education program meeting is
scheduled within 3 school days with the written consent of the
child's parent or guardian, the local education agency must
provide the child's parent or guardian with copies of all
written material that will be considered by the individualized
education program team at the meeting so that the parent or
guardian may participate in the meeting as a fully-informed
team member. The parent or guardian shall have the option of
choosing from the available methods of delivery, which must
include regular mail and picking up the materials at school.
For a meeting to determine the child's eligibility for special
education, the The written material must include, but is not
limited to, all evaluations and collected data that will be
considered at the meeting. For and, for a child who is already
eligible for special education and related services has an
individualized education program, the written material must
include a copy of all individualized education program
components that will be discussed by the individualized
education program team, other than the components related to
the educational and related service minutes proposed for the
child and the child's educational placement. Parents shall also
be informed of their right to review and copy their child's
school student records prior to any special education
eligibility or individualized education program review
meeting, subject to the requirements of applicable federal and
State law.
    (d) Local education agencies must make related service logs
that record the delivery type of related services administered
under the child's individualized education program and the
minutes of each type of related service that has been
administered available to the child's parent or guardian at the
annual review of the child's individualized education program
and must also provide a copy of the related service logs at any
time upon request of the child's parent or guardian. For
purposes of this subsection (d), related services for which a
log must be made are: speech and language services,
occupational therapy services, physical therapy services,
school social work services, school counseling services,
school psychology services, and school nursing services. The
local education agency must inform the child's parent or
guardian within 20 school days from the beginning of the school
year or upon establishment of an individualized education
program of his or her ability to request those related service
logs.
    (d-5) If, at a meeting to develop or revise a child's
individualized education program, the individualized education
program team determines that a certain service is services are
required in order for the child to receive a free, appropriate
public education and that service is those services are not
implemented administered within 10 school days after the
service was to be initiated as a date or frequency set forth by
the child's individualized education program, then the local
education agency shall provide the child's parent or guardian
with written notification that the service has those services
have not yet been implemented administered to the child. The
notification must be provided to the child's parent or guardian
within 3 school days of the local education agency's
non-compliance with the child's individualized education
program and must inform include information on the parent or
guardian about the school district's procedures for requesting
parent's or guardian's ability to request compensatory
services. In this subsection (d-5) (d), "school days" does not
include days where a child is absent from school for reasons
unrelated to a lack of individualized education program
services or when the service is available, but the child is
unavailable.
    (e) The State Board of Education may create a telephone
hotline to address complaints regarding the special education
services or lack of special education services of a school
district subject to this Section. If a hotline is created, it
must be available to all students enrolled in the school
district, parents or guardians of those students, and school
personnel. If a hotline is created, any complaints received
through the hotline must be registered and recorded with the
State Board's monitor of special education policies. No
student, parent or guardian, or member of school personnel may
be retaliated against for submitting a complaint through a
telephone hotline created by the State Board under this
subsection (e).
    (f) A school district subject to this Section may not use
any measure that would prevent or delay an individualized
education program team from adding a service to the program or
create a time restriction in which a service is prohibited from
being added to the program. The school district may not build
functions into its computer software that would remove any
services from a student's individualized education program
without the approval of the program team and may not prohibit
the program team from adding a service to the program.
(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19;
101-598, eff. 12-6-19.)
 
    (105 ILCS 5/14-8.02h)
    Sec. 14-8.02h. Response to scientific, research-based
intervention.
    (a) In this Section, "response to scientific,
research-based intervention" or "multi-tiered system systems
of support" means a tiered process of appropriate instruction
and support school support that utilizes differentiated
instructional strategies for students, provides students with
an evidence-based curriculum and scientific, research-based
interventions aligned with State standards, continuously
monitors student performance using scientific scientifically,
research-based progress monitoring instruments, and makes
data-driven educational decisions based on a student's
response to the interventions. Response to scientific,
research-based intervention or a multi-tiered system systems
of support uses use a problem-solving method to define the
problem, analyzes analyze the problem using data to determine
why there is a discrepancy between what is expected and what is
occurring, establishes establish one or more student
performance goals, develops develop an intervention plan to
address the performance goals, and delineates delineate how the
student's progress will be monitored and how implementation
integrity will be ensured.
    (b) (Blank). A school district may utilize response to
scientific, research-based intervention or multi-tiered
systems of support as part of an evaluation procedure to
determine if a child is eligible for special education services
due to a specific learning disability. A school district may
utilize the data generated during the response to scientific,
research-based intervention or multi-tiered systems of support
process in an evaluation to determine if a child is eligible
for special education services due to any category of
disability.
    (c) The response to scientific, research-based
intervention or a multi-tiered system systems of support
process should use must involve a collaborative team approach
and include the engagement of and regular communication with
the child's parent or guardian , with the parent or guardian of
a student being part of the collaborative team. The parent or
guardian of a child shall be provided with written notice of
the school district's use of scientific, research-based
intervention or a multi-tiered system of support for the child
and may be part of the collaborative team approach at the
discretion of the school district student must be involved in
the data sharing and decision-making processes of support under
this Section. The parent or guardian shall be provided all data
collected and reviewed by the school district with regard to
the child in the scientific, research-based intervention or
multi-tiered system of support process. The State Board of
Education may provide guidance to a school districts district
and identify available resources related to facilitating
parent parental or guardian engagement participation in the
response to scientific, research-based intervention or a
multi-tiered system systems of support process.
    (d) Nothing in this Section affects the responsibility of a
school district to identify, locate, and evaluate children with
disabilities who are in need of special education services in
accordance with the federal Individuals with Disabilities
Education Improvement Act of 2004, this Code, or any applicable
federal or State rules.
(Source: P.A. 101-515, eff. 8-23-19; 101-598, eff. 12-6-19.)
 
    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
    Sec. 17-2.11. School board power to levy a tax or to borrow
money and issue bonds for fire prevention, safety, energy
conservation, accessibility, school security, and specified
repair purposes.
    (a) Whenever, as a result of any lawful order of any
agency, other than a school board, having authority to enforce
any school building code applicable to any facility that houses
students, or any law or regulation for the protection and
safety of the environment, pursuant to the Environmental
Protection Act, any school district having a population of less
than 500,000 inhabitants is required to alter or reconstruct
any school building or permanent, fixed equipment; the district
may, by proper resolution, levy a tax for the purpose of making
such alteration or reconstruction, based on a survey report by
an architect or engineer licensed in this State, upon all of
the taxable property of the district at the value as assessed
by the Department of Revenue and at a rate not to exceed 0.05%
per year for a period sufficient to finance such alteration or
reconstruction, upon the following conditions:
        (1) When there are not sufficient funds available in
    the operations and maintenance fund of the school district,
    the school facility occupation tax fund of the district, or
    the fire prevention and safety fund of the district, as
    determined by the district on the basis of rules adopted by
    the State Board of Education, to make such alteration or
    reconstruction or to purchase and install such permanent,
    fixed equipment so ordered or determined as necessary.
    Appropriate school district records must be made available
    to the State Superintendent of Education, upon request, to
    confirm this insufficiency.
        (2) When a certified estimate of an architect or
    engineer licensed in this State stating the estimated
    amount necessary to make the alteration or reconstruction
    or to purchase and install the equipment so ordered has
    been secured by the school district, and the estimate has
    been approved by the regional superintendent of schools
    having jurisdiction over the district and the State
    Superintendent of Education. Approval must not be granted
    for any work that has already started without the prior
    express authorization of the State Superintendent of
    Education. If the estimate is not approved or is denied
    approval by the regional superintendent of schools within 3
    months after the date on which it is submitted to him or
    her, the school board of the district may submit the
    estimate directly to the State Superintendent of Education
    for approval or denial.
    In the case of an emergency situation, where the estimated
cost to effectuate emergency repairs is less than the amount
specified in Section 10-20.21 of this Code, the school district
may proceed with such repairs prior to approval by the State
Superintendent of Education, but shall comply with the
provisions of subdivision (2) of this subsection (a) as soon
thereafter as may be as well as Section 10-20.21 of this Code.
If the estimated cost to effectuate emergency repairs is
greater than the amount specified in Section 10-20.21 of this
Code, then the school district shall proceed in conformity with
Section 10-20.21 of this Code and with rules established by the
State Board of Education to address such situations. The rules
adopted by the State Board of Education to deal with these
situations shall stipulate that emergency situations must be
expedited and given priority consideration. For purposes of
this paragraph, an emergency is a situation that presents an
imminent and continuing threat to the health and safety of
students or other occupants of a facility, requires complete or
partial evacuation of a building or part of a building, or
consumes one or more of the 5 emergency days built into the
adopted calendar of the school or schools or would otherwise be
expected to cause such school or schools to fall short of the
minimum school calendar requirements.
    (b) Whenever any such district determines that it is
necessary for energy conservation purposes that any school
building or permanent, fixed equipment should be altered or
reconstructed and that such alterations or reconstruction will
be made with funds not necessary for the completion of approved
and recommended projects contained in any safety survey report
or amendments thereto authorized by Section 2-3.12 of this Act;
the district may levy a tax or issue bonds as provided in
subsection (a) of this Section.
    (c) Whenever any such district determines that it is
necessary for accessibility purposes and to comply with the
school building code that any school building or equipment
should be altered or reconstructed and that such alterations or
reconstruction will be made with funds not necessary for the
completion of approved and recommended projects contained in
any safety survey report or amendments thereto authorized under
Section 2-3.12 of this Act, the district may levy a tax or
issue bonds as provided in subsection (a) of this Section.
    (d) Whenever any such district determines that it is
necessary for school security purposes and the related
protection and safety of pupils and school personnel that any
school building or property should be altered or reconstructed
or that security systems and equipment (including but not
limited to intercom, early detection and warning, access
control and television monitoring systems) should be purchased
and installed, and that such alterations, reconstruction or
purchase and installation of equipment will be made with funds
not necessary for the completion of approved and recommended
projects contained in any safety survey report or amendment
thereto authorized by Section 2-3.12 of this Act and will deter
and prevent unauthorized entry or activities upon school
property by unknown or dangerous persons, assure early
detection and advance warning of any such actual or attempted
unauthorized entry or activities and help assure the continued
safety of pupils and school staff if any such unauthorized
entry or activity is attempted or occurs; the district may levy
a tax or issue bonds as provided in subsection (a) of this
Section.
    If such a school district determines that it is necessary
for school security purposes and the related protection and
safety of pupils and school staff to hire a school resource
officer or that personnel costs for school counselors, mental
health experts, or school resource officers are necessary and
the district determines that it does not need funds for any of
the other purposes set forth in this Section, then the district
may levy a tax or issue bonds as provided in subsection (a).
    (e) If a school district does not need funds for other fire
prevention and safety projects, including the completion of
approved and recommended projects contained in any safety
survey report or amendments thereto authorized by Section
2-3.12 of this Act, and it is determined after a public hearing
(which is preceded by at least one published notice (i)
occurring at least 7 days prior to the hearing in a newspaper
of general circulation within the school district and (ii)
setting forth the time, date, place, and general subject matter
of the hearing) that there is a substantial, immediate, and
otherwise unavoidable threat to the health, safety, or welfare
of pupils due to disrepair of school sidewalks, playgrounds,
parking lots, or school bus turnarounds and repairs must be
made; then the district may levy a tax or issue bonds as
provided in subsection (a) of this Section.
    (f) For purposes of this Section a school district may
replace a school building or build additions to replace
portions of a building when it is determined that the
effectuation of the recommendations for the existing building
will cost more than the replacement costs. Such determination
shall be based on a comparison of estimated costs made by an
architect or engineer licensed in the State of Illinois. The
new building or addition shall be equivalent in area (square
feet) and comparable in purpose and grades served and may be on
the same site or another site. Such replacement may only be
done upon order of the regional superintendent of schools and
the approval of the State Superintendent of Education.
    (g) The filing of a certified copy of the resolution
levying the tax when accompanied by the certificates of the
regional superintendent of schools and State Superintendent of
Education shall be the authority of the county clerk to extend
such tax.
    (h) The county clerk of the county in which any school
district levying a tax under the authority of this Section is
located, in reducing raised levies, shall not consider any such
tax as a part of the general levy for school purposes and shall
not include the same in the limitation of any other tax rate
which may be extended.
    Such tax shall be levied and collected in like manner as
all other taxes of school districts, subject to the provisions
contained in this Section.
    (i) The tax rate limit specified in this Section may be
increased to .10% upon the approval of a proposition to effect
such increase by a majority of the electors voting on that
proposition at a regular scheduled election. Such proposition
may be initiated by resolution of the school board and shall be
certified by the secretary to the proper election authorities
for submission in accordance with the general election law.
    (j) When taxes are levied by any school district for fire
prevention, safety, energy conservation, and school security
purposes as specified in this Section, and the purposes for
which the taxes have been levied are accomplished and paid in
full, and there remain funds on hand in the Fire Prevention and
Safety Fund from the proceeds of the taxes levied, including
interest earnings thereon, the school board by resolution shall
use such excess and other board restricted funds, excluding
bond proceeds and earnings from such proceeds, as follows:
        (1) for other authorized fire prevention, safety,
    energy conservation, required safety inspections, school
    security purposes, sampling for lead in drinking water in
    schools, and for repair and mitigation due to lead levels
    in the drinking water supply; or
        (2) for transfer to the Operations and Maintenance Fund
    for the purpose of abating an equal amount of operations
    and maintenance purposes taxes.
Notwithstanding subdivision (2) of this subsection (j) and
subsection (k) of this Section, through June 30, 2021 2020, the
school board may, by proper resolution following a public
hearing set by the school board or the president of the school
board (that is preceded (i) by at least one published notice
over the name of the clerk or secretary of the board, occurring
at least 7 days and not more than 30 days prior to the hearing,
in a newspaper of general circulation within the school
district and (ii) by posted notice over the name of the clerk
or secretary of the board, at least 48 hours before the
hearing, at the principal office of the school board or at the
building where the hearing is to be held if a principal office
does not exist, with both notices setting forth the time, date,
place, and subject matter of the hearing), transfer surplus
life safety taxes and interest earnings thereon to the
Operations and Maintenance Fund for building repair work.
    (k) If any transfer is made to the Operation and
Maintenance Fund, the secretary of the school board shall
within 30 days notify the county clerk of the amount of that
transfer and direct the clerk to abate the taxes to be extended
for the purposes of operations and maintenance authorized under
Section 17-2 of this Act by an amount equal to such transfer.
    (l) If the proceeds from the tax levy authorized by this
Section are insufficient to complete the work approved under
this Section, the school board is authorized to sell bonds
without referendum under the provisions of this Section in an
amount that, when added to the proceeds of the tax levy
authorized by this Section, will allow completion of the
approved work.
    (m) Any bonds issued pursuant to this Section shall bear
interest at a rate not to exceed the maximum rate authorized by
law at the time of the making of the contract, shall mature
within 20 years from date, and shall be signed by the president
of the school board and the treasurer of the school district.
    (n) In order to authorize and issue such bonds, the school
board shall adopt a resolution fixing the amount of bonds, the
date thereof, the maturities thereof, rates of interest
thereof, place of payment and denomination, which shall be in
denominations of not less than $100 and not more than $5,000,
and provide for the levy and collection of a direct annual tax
upon all the taxable property in the school district sufficient
to pay the principal and interest on such bonds to maturity.
Upon the filing in the office of the county clerk of the county
in which the school district is located of a certified copy of
the resolution, it is the duty of the county clerk to extend
the tax therefor in addition to and in excess of all other
taxes heretofore or hereafter authorized to be levied by such
school district.
    (o) After the time such bonds are issued as provided for by
this Section, if additional alterations or reconstructions are
required to be made because of surveys conducted by an
architect or engineer licensed in the State of Illinois, the
district may levy a tax at a rate not to exceed .05% per year
upon all the taxable property of the district or issue
additional bonds, whichever action shall be the most feasible.
    (p) This Section is cumulative and constitutes complete
authority for the issuance of bonds as provided in this Section
notwithstanding any other statute or law to the contrary.
    (q) With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-004 (June 6, 1989), it is, and
always has been, the intention of the General Assembly (i) that
the Omnibus Bond Acts are, and always have been, supplementary
grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that
may appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section are not a
limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive
than those Acts.
    (r) When the purposes for which the bonds are issued have
been accomplished and paid for in full and there remain funds
on hand from the proceeds of the bond sale and interest
earnings therefrom, the board shall, by resolution, use such
excess funds in accordance with the provisions of Section
10-22.14 of this Act.
    (s) Whenever any tax is levied or bonds issued for fire
prevention, safety, energy conservation, and school security
purposes, such proceeds shall be deposited and accounted for
separately within the Fire Prevention and Safety Fund.
(Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19.)
 
    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
    Sec. 17-2A. Interfund transfers.
    (a) The school board of any district having a population of
less than 500,000 inhabitants may, by proper resolution
following a public hearing set by the school board or the
president of the school board (that is preceded (i) by at least
one published notice over the name of the clerk or secretary of
the board, occurring at least 7 days and not more than 30 days
prior to the hearing, in a newspaper of general circulation
within the school district and (ii) by posted notice over the
name of the clerk or secretary of the board, at least 48 hours
before the hearing, at the principal office of the school board
or at the building where the hearing is to be held if a
principal office does not exist, with both notices setting
forth the time, date, place, and subject matter of the
hearing), transfer money from (1) the Educational Fund to the
Operations and Maintenance Fund or the Transportation Fund, (2)
the Operations and Maintenance Fund to the Educational Fund or
the Transportation Fund, (3) the Transportation Fund to the
Educational Fund or the Operations and Maintenance Fund, or (4)
the Tort Immunity Fund to the Operations and Maintenance Fund
of said district, provided that, except during the period from
July 1, 2003 through June 30, 2021 2020, such transfer is made
solely for the purpose of meeting one-time, non-recurring
expenses. Except during the period from July 1, 2003 through
June 30, 2021 2020 and except as otherwise provided in
subsection (b) of this Section, any other permanent interfund
transfers authorized by any provision or judicial
interpretation of this Code for which the transferee fund is
not precisely and specifically set forth in the provision of
this Code authorizing such transfer shall be made to the fund
of the school district most in need of the funds being
transferred, as determined by resolution of the school board.
    (b) (Blank).
    (c) Notwithstanding subsection (a) of this Section or any
other provision of this Code to the contrary, the school board
of any school district (i) that is subject to the Property Tax
Extension Limitation Law, (ii) that is an elementary district
servicing students in grades K through 8, (iii) whose territory
is in one county, (iv) that is eligible for Section 7002
Federal Impact Aid, and (v) that has no more than $81,000 in
funds remaining from refinancing bonds that were refinanced a
minimum of 5 years prior to January 20, 2017 (the effective
date of Public Act 99-926) may make a one-time transfer of the
funds remaining from the refinancing bonds to the Operations
and Maintenance Fund of the district by proper resolution
following a public hearing set by the school board or the
president of the school board, with notice as provided in
subsection (a) of this Section, so long as the district meets
the qualifications set forth in this subsection (c) on January
20, 2017 (the effective date of Public Act 99-926).
    (d) Notwithstanding subsection (a) of this Section or any
other provision of this Code to the contrary, the school board
of any school district (i) that is subject to the Property Tax
Extension Limitation Law, (ii) that is a community unit school
district servicing students in grades K through 12, (iii) whose
territory is in one county, (iv) that owns property designated
by the United States as a Superfund site pursuant to the
federal Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that
has an excess accumulation of funds in its bond fund, including
funds accumulated prior to July 1, 2000, may make a one-time
transfer of those excess funds accumulated prior to July 1,
2000 to the Operations and Maintenance Fund of the district by
proper resolution following a public hearing set by the school
board or the president of the school board, with notice as
provided in subsection (a) of this Section, so long as the
district meets the qualifications set forth in this subsection
(d) on August 4, 2017 (the effective date of Public Act
100-32).
(Source: P.A. 99-713, eff. 8-5-16; 99-922, eff. 1-17-17;
99-926, eff. 1-20-17; 100-32, eff. 8-4-17; 100-465, eff.
8-31-17; 100-863, eff. 8-14-18.)
 
    (105 ILCS 5/18-8.15)
    Sec. 18-8.15. Evidence-Based Funding Evidence-based
funding for student success for the 2017-2018 and subsequent
school years.
    (a) General provisions.
        (1) The purpose of this Section is to ensure that, by
    June 30, 2027 and beyond, this State has a kindergarten
    through grade 12 public education system with the capacity
    to ensure the educational development of all persons to the
    limits of their capacities in accordance with Section 1 of
    Article X of the Constitution of the State of Illinois. To
    accomplish that objective, this Section creates a method of
    funding public education that is evidence-based; is
    sufficient to ensure every student receives a meaningful
    opportunity to learn irrespective of race, ethnicity,
    sexual orientation, gender, or community-income level; and
    is sustainable and predictable. When fully funded under
    this Section, every school shall have the resources, based
    on what the evidence indicates is needed, to:
            (A) provide all students with a high quality
        education that offers the academic, enrichment, social
        and emotional support, technical, and career-focused
        programs that will allow them to become competitive
        workers, responsible parents, productive citizens of
        this State, and active members of our national
        democracy;
            (B) ensure all students receive the education they
        need to graduate from high school with the skills
        required to pursue post-secondary education and
        training for a rewarding career;
            (C) reduce, with a goal of eliminating, the
        achievement gap between at-risk and non-at-risk
        students by raising the performance of at-risk
        students and not by reducing standards; and
            (D) ensure this State satisfies its obligation to
        assume the primary responsibility to fund public
        education and simultaneously relieve the
        disproportionate burden placed on local property taxes
        to fund schools.
        (2) The Evidence-Based Funding evidence-based funding
    formula under this Section shall be applied to all
    Organizational Units in this State. The Evidence-Based
    Funding evidence-based funding formula outlined in this
    Act is based on the formula outlined in Senate Bill 1 of
    the 100th General Assembly, as passed by both legislative
    chambers. As further defined and described in this Section,
    there are 4 major components of the Evidence-Based Funding
    evidence-based funding model:
            (A) First, the model calculates a unique Adequacy
        Target adequacy target for each Organizational Unit in
        this State that considers the costs to implement
        research-based activities, the unit's student
        demographics, and regional wage differences
        difference.
            (B) Second, the model calculates each
        Organizational Unit's Local Capacity local capacity,
        or the amount each Organizational Unit is assumed to
        contribute toward towards its Adequacy Target adequacy
        target from local resources.
            (C) Third, the model calculates how much funding
        the State currently contributes to the Organizational
        Unit, and adds that to the unit's Local Capacity local
        capacity to determine the unit's overall current
        adequacy of funding.
            (D) Finally, the model's distribution method
        allocates new State funding to those Organizational
        Units that are least well-funded, considering both
        Local Capacity local capacity and State funding, in
        relation to their Adequacy Target adequacy target.
        (3) An Organizational Unit receiving any funding under
    this Section may apply those funds to any fund so received
    for which that Organizational Unit is authorized to make
    expenditures by law.
        (4) As used in this Section, the following terms shall
    have the meanings ascribed in this paragraph (4):
        "Adequacy Target" is defined in paragraph (1) of
    subsection (b) of this Section.
        "Adjusted EAV" is defined in paragraph (4) of
    subsection (d) of this Section.
        "Adjusted Local Capacity Target" is defined in
    paragraph (3) of subsection (c) of this Section.
        "Adjusted Operating Tax Rate" means a tax rate for all
    Organizational Units, for which the State Superintendent
    shall calculate and subtract for the Operating Tax Rate a
    transportation rate based on total expenses for
    transportation services under this Code, as reported on the
    most recent Annual Financial Report in Pupil
    Transportation Services, function 2550 in both the
    Education and Transportation funds and functions 4110 and
    4120 in the Transportation fund, less any corresponding
    fiscal year State of Illinois scheduled payments excluding
    net adjustments for prior years for regular, vocational, or
    special education transportation reimbursement pursuant to
    Section 29-5 or subsection (b) of Section 14-13.01 of this
    Code divided by the Adjusted EAV. If an Organizational
    Unit's corresponding fiscal year State of Illinois
    scheduled payments excluding net adjustments for prior
    years for regular, vocational, or special education
    transportation reimbursement pursuant to Section 29-5 or
    subsection (b) of Section 14-13.01 of this Code exceed the
    total transportation expenses, as defined in this
    paragraph, no transportation rate shall be subtracted from
    the Operating Tax Rate.
        "Allocation Rate" is defined in paragraph (3) of
    subsection (g) of this Section.
        "Alternative School" means a public school that is
    created and operated by a regional superintendent of
    schools and approved by the State Board.
        "Applicable Tax Rate" is defined in paragraph (1) of
    subsection (d) of this Section.
        "Assessment" means any of those benchmark, progress
    monitoring, formative, diagnostic, and other assessments,
    in addition to the State accountability assessment, that
    assist teachers' needs in understanding the skills and
    meeting the needs of the students they serve.
        "Assistant principal" means a school administrator
    duly endorsed to be employed as an assistant principal in
    this State.
        "At-risk student" means a student who is at risk of not
    meeting the Illinois Learning Standards or not graduating
    from elementary or high school and who demonstrates a need
    for vocational support or social services beyond that
    provided by the regular school program. All students
    included in an Organizational Unit's Low-Income Count, as
    well as all English learner and disabled students attending
    the Organizational Unit, shall be considered at-risk
    students under this Section.
        "Average Student Enrollment" or "ASE" for fiscal year
    2018 means, for an Organizational Unit, the greater of the
    average number of students (grades K through 12) reported
    to the State Board as enrolled in the Organizational Unit
    on October 1 in the immediately preceding school year, plus
    the pre-kindergarten students who receive special
    education services of 2 or more hours a day as reported to
    the State Board on December 1 in the immediately preceding
    school year, or the average number of students (grades K
    through 12) reported to the State Board as enrolled in the
    Organizational Unit on October 1, plus the
    pre-kindergarten students who receive special education
    services of 2 or more hours a day as reported to the State
    Board on December 1, for each of the immediately preceding
    3 school years. For fiscal year 2019 and each subsequent
    fiscal year, "Average Student Enrollment" or "ASE" means,
    for an Organizational Unit, the greater of the average
    number of students (grades K through 12) reported to the
    State Board as enrolled in the Organizational Unit on
    October 1 and March 1 in the immediately preceding school
    year, plus the pre-kindergarten students who receive
    special education services as reported to the State Board
    on October 1 and March 1 in the immediately preceding
    school year, or the average number of students (grades K
    through 12) reported to the State Board as enrolled in the
    Organizational Unit on October 1 and March 1, plus the
    pre-kindergarten students who receive special education
    services as reported to the State Board on October 1 and
    March 1, for each of the immediately preceding 3 school
    years. For the purposes of this definition, "enrolled in
    the Organizational Unit" means the number of students
    reported to the State Board who are enrolled in schools
    within the Organizational Unit that the student attends or
    would attend if not placed or transferred to another school
    or program to receive needed services. For the purposes of
    calculating "ASE", all students, grades K through 12,
    excluding those attending kindergarten for a half day and
    students attending an alternative education program
    operated by a regional office of education or intermediate
    service center, shall be counted as 1.0. All students
    attending kindergarten for a half day shall be counted as
    0.5, unless in 2017 by June 15 or by March 1 in subsequent
    years, the school district reports to the State Board of
    Education the intent to implement full-day kindergarten
    district-wide for all students, then all students
    attending kindergarten shall be counted as 1.0. Special
    education pre-kindergarten students shall be counted as
    0.5 each. If the State Board does not collect or has not
    collected both an October 1 and March 1 enrollment count by
    grade or a December 1 collection of special education
    pre-kindergarten students as of August 31, 2017 (the
    effective date of Public Act 100-465) this amendatory Act
    of the 100th General Assembly, it shall establish such
    collection for all future years. For any year in which
    where a count by grade level was collected only once, that
    count shall be used as the single count available for
    computing a 3-year average ASE. Funding for programs
    operated by a regional office of education or an
    intermediate service center must be calculated using the
    Evidence-Based Funding evidence-based funding formula
    under this Section for the 2019-2020 school year and each
    subsequent school year until separate adequacy formulas
    are developed and adopted for each type of program. ASE for
    a program operated by a regional office of education or an
    intermediate service center must be determined by the March
    1 enrollment for the program. For the 2019-2020 school
    year, the ASE used in the calculation must be the
    first-year ASE and, in that year only, the assignment of
    students served by a regional office of education or
    intermediate service center shall not result in a reduction
    of the March enrollment for any school district. For the
    2020-2021 school year, the ASE must be the greater of the
    current-year ASE or the 2-year average ASE. Beginning with
    the 2021-2022 school year, the ASE must be the greater of
    the current-year ASE or the 3-year average ASE. School
    districts shall submit the data for the ASE calculation to
    the State Board within 45 days of the dates required in
    this Section for submission of enrollment data in order for
    it to be included in the ASE calculation. For fiscal year
    2018 only, the ASE calculation shall include only
    enrollment taken on October 1.
        "Base Funding Guarantee" is defined in paragraph (10)
    of subsection (g) of this Section.
        "Base Funding Minimum" is defined in subsection (e) of
    this Section.
        "Base Tax Year" means the property tax levy year used
    to calculate the Budget Year allocation of primary State
    aid.
        "Base Tax Year's Extension" means the product of the
    equalized assessed valuation utilized by the county clerk
    in the Base Tax Year multiplied by the limiting rate as
    calculated by the county clerk and defined in PTELL.
        "Bilingual Education Allocation" means the amount of
    an Organizational Unit's final Adequacy Target
    attributable to bilingual education divided by the
    Organizational Unit's final Adequacy Target, the product
    of which shall be multiplied by the amount of new funding
    received pursuant to this Section. An Organizational
    Unit's final Adequacy Target attributable to bilingual
    education shall include all additional investments in
    English learner students' adequacy elements.
        "Budget Year" means the school year for which primary
    State aid is calculated and awarded under this Section.
        "Central office" means individual administrators and
    support service personnel charged with managing the
    instructional programs, business and operations, and
    security of the Organizational Unit.
        "Comparable Wage Index" or "CWI" means a regional cost
    differentiation metric that measures systemic, regional
    variations in the salaries of college graduates who are not
    educators. The CWI utilized for this Section shall, for the
    first 3 years of Evidence-Based Funding implementation, be
    the CWI initially developed by the National Center for
    Education Statistics, as most recently updated by Texas A &
    M University. In the fourth and subsequent years of
    Evidence-Based Funding implementation, the State
    Superintendent shall re-determine the CWI using a similar
    methodology to that identified in the Texas A & M
    University study, with adjustments made no less frequently
    than once every 5 years.
        "Computer technology and equipment" means computers
    servers, notebooks, network equipment, copiers, printers,
    instructional software, security software, curriculum
    management courseware, and other similar materials and
    equipment.
        "Computer technology and equipment investment
    allocation" means the final Adequacy Target amount of an
    Organizational Unit assigned to Tier 1 or Tier 2 in the
    prior school year attributable to the additional $285.50
    per student computer technology and equipment investment
    grant divided by the Organizational Unit's final Adequacy
    Target, the result of which shall be multiplied by the
    amount of new funding received pursuant to this Section. An
    Organizational Unit assigned to a Tier 1 or Tier 2 final
    Adequacy Target attributable to the received computer
    technology and equipment investment grant shall include
    all additional investments in computer technology and
    equipment adequacy elements.
        "Core subject" means mathematics; science; reading,
    English, writing, and language arts; history and social
    studies; world languages; and subjects taught as Advanced
    Placement in high schools.
        "Core teacher" means a regular classroom teacher in
    elementary schools and teachers of a core subject in middle
    and high schools.
        "Core Intervention teacher (tutor)" means a licensed
    teacher providing one-on-one or small group tutoring to
    students struggling to meet proficiency in core subjects.
        "CPPRT" means corporate personal property replacement
    tax funds paid to an Organizational Unit during the
    calendar year one year before the calendar year in which a
    school year begins, pursuant to "An Act in relation to the
    abolition of ad valorem personal property tax and the
    replacement of revenues lost thereby, and amending and
    repealing certain Acts and parts of Acts in connection
    therewith", certified August 14, 1979, as amended (Public
    Act 81-1st S.S.-1).
        "EAV" means equalized assessed valuation as defined in
    paragraph (2) of subsection (d) of this Section and
    calculated in accordance with paragraph (3) of subsection
    (d) of this Section.
        "ECI" means the Bureau of Labor Statistics' national
    employment cost index for civilian workers in educational
    services in elementary and secondary schools on a
    cumulative basis for the 12-month calendar year preceding
    the fiscal year of the Evidence-Based Funding calculation.
        "EIS Data" means the employment information system
    data maintained by the State Board on educators within
    Organizational Units.
        "Employee benefits" means health, dental, and vision
    insurance offered to employees of an Organizational Unit,
    the costs associated with the statutorily required payment
    of the normal cost of the Organizational Unit's teacher
    pensions, Social Security employer contributions, and
    Illinois Municipal Retirement Fund employer contributions.
        "English learner" or "EL" means a child included in the
    definition of "English learners" under Section 14C-2 of
    this Code participating in a program of transitional
    bilingual education or a transitional program of
    instruction meeting the requirements and program
    application procedures of Article 14C of this Code. For the
    purposes of collecting the number of EL students enrolled,
    the same collection and calculation methodology as defined
    above for "ASE" shall apply to English learners, with the
    exception that EL student enrollment shall include
    students in grades pre-kindergarten through 12.
        "Essential Elements" means those elements, resources,
    and educational programs that have been identified through
    academic research as necessary to improve student success,
    improve academic performance, close achievement gaps, and
    provide for other per student costs related to the delivery
    and leadership of the Organizational Unit, as well as the
    maintenance and operations of the unit, and which are
    specified in paragraph (2) of subsection (b) of this
    Section.
        "Evidence-Based Funding" means State funding provided
    to an Organizational Unit pursuant to this Section.
        "Extended day" means academic and enrichment programs
    provided to students outside the regular school day before
    and after school or during non-instructional times during
    the school day.
        "Extension Limitation Ratio" means a numerical ratio
    in which the numerator is the Base Tax Year's Extension and
    the denominator is the Preceding Tax Year's Extension.
        "Final Percent of Adequacy" is defined in paragraph (4)
    of subsection (f) of this Section.
        "Final Resources" is defined in paragraph (3) of
    subsection (f) of this Section.
        "Full-time equivalent" or "FTE" means the full-time
    equivalency compensation for staffing the relevant
    position at an Organizational Unit.
        "Funding Gap" is defined in paragraph (1) of subsection
    (g).
        "Guidance counselor" means a licensed guidance
    counselor who provides guidance and counseling support for
    students within an Organizational Unit.
        "Hybrid District" means a partial elementary unit
    district created pursuant to Article 11E of this Code.
        "Instructional assistant" means a core or special
    education, non-licensed employee who assists a teacher in
    the classroom and provides academic support to students.
        "Instructional facilitator" means a qualified teacher
    or licensed teacher leader who facilitates and coaches
    continuous improvement in classroom instruction; provides
    instructional support to teachers in the elements of
    research-based instruction or demonstrates the alignment
    of instruction with curriculum standards and assessment
    tools; develops or coordinates instructional programs or
    strategies; develops and implements training; chooses
    standards-based instructional materials; provides teachers
    with an understanding of current research; serves as a
    mentor, site coach, curriculum specialist, or lead
    teacher; or otherwise works with fellow teachers, in
    collaboration, to use data to improve instructional
    practice or develop model lessons.
        "Instructional materials" means relevant instructional
    materials for student instruction, including, but not
    limited to, textbooks, consumable workbooks, laboratory
    equipment, library books, and other similar materials.
        "Laboratory School" means a public school that is
    created and operated by a public university and approved by
    the State Board.
        "Librarian" means a teacher with an endorsement as a
    library information specialist or another individual whose
    primary responsibility is overseeing library resources
    within an Organizational Unit.
        "Limiting rate for Hybrid Districts" means the
    combined elementary school and high school limiting
    limited rates.
        "Local Capacity" is defined in paragraph (1) of
    subsection (c) of this Section.
        "Local Capacity Percentage" is defined in subparagraph
    (A) of paragraph (2) of subsection (c) of this Section.
        "Local Capacity Ratio" is defined in subparagraph (B)
    of paragraph (2) of subsection (c) of this Section.
        "Local Capacity Target" is defined in paragraph (2) of
    subsection (c) of this Section.
        "Low-Income Count" means, for an Organizational Unit
    in a fiscal year, the higher of the average number of
    students for the prior school year or the immediately
    preceding 3 school years who, as of July 1 of the
    immediately preceding fiscal year (as determined by the
    Department of Human Services), are eligible for at least
    one of the following low-income low income programs:
    Medicaid, the Children's Health Insurance Program,
    Temporary Assistance for Needy Families (TANF), or the
    Supplemental Nutrition Assistance Program, excluding
    pupils who are eligible for services provided by the
    Department of Children and Family Services. Until such time
    that grade level low-income populations become available,
    grade level low-income populations shall be determined by
    applying the low-income percentage to total student
    enrollments by grade level. The low-income percentage is
    determined by dividing the Low-Income Count by the Average
    Student Enrollment. The low-income percentage for programs
    operated by a regional office of education or an
    intermediate service center must be set to the weighted
    average of the low-income percentages of all of the school
    districts in the service region. The weighted low-income
    percentage is the result of multiplying the low-income
    percentage of each school district served by the regional
    office of education or intermediate service center by each
    school district's Average Student Enrollment, summarizing
    those products and dividing the total by the total Average
    Student Enrollment for the service region.
        "Maintenance and operations" means custodial services,
    facility and ground maintenance, facility operations,
    facility security, routine facility repairs, and other
    similar services and functions.
        "Minimum Funding Level" is defined in paragraph (9) of
    subsection (g) of this Section.
        "New Property Tax Relief Pool Funds" means, for any
    given fiscal year, all State funds appropriated under
    Section 2-3.170 of the School Code.
        "New State Funds" means, for a given school year, all
    State funds appropriated for Evidence-Based Funding in
    excess of the amount needed to fund the Base Funding
    Minimum for all Organizational Units in that school year.
        "Net State Contribution Target" means, for a given
    school year, the amount of State funds that would be
    necessary to fully meet the Adequacy Target of an
    Operational Unit minus the Preliminary Resources available
    to each unit.
        "Nurse" means an individual licensed as a certified
    school nurse, in accordance with the rules established for
    nursing services by the State Board, who is an employee of
    and is available to provide health care-related services
    for students of an Organizational Unit.
        "Operating Tax Rate" means the rate utilized in the
    previous year to extend property taxes for all purposes,
    except, Bond and Interest, Summer School, Rent, Capital
    Improvement, and Vocational Education Building purposes.
    For Hybrid Districts, the Operating Tax Rate shall be the
    combined elementary and high school rates utilized in the
    previous year to extend property taxes for all purposes,
    except, Bond and Interest, Summer School, Rent, Capital
    Improvement, and Vocational Education Building purposes.
        "Organizational Unit" means a Laboratory School or any
    public school district that is recognized as such by the
    State Board and that contains elementary schools typically
    serving kindergarten through 5th grades, middle schools
    typically serving 6th through 8th grades, high schools
    typically serving 9th through 12th grades, a program
    established under Section 2-3.66 or 2-3.41, or a program
    operated by a regional office of education or an
    intermediate service center under Article 13A or 13B. The
    General Assembly acknowledges that the actual grade levels
    served by a particular Organizational Unit may vary
    slightly from what is typical.
        "Organizational Unit CWI" is determined by calculating
    the CWI in the region and original county in which an
    Organizational Unit's primary administrative office is
    located as set forth in this paragraph, provided that if
    the Organizational Unit CWI as calculated in accordance
    with this paragraph is less than 0.9, the Organizational
    Unit CWI shall be increased to 0.9. Each county's current
    CWI value shall be adjusted based on the CWI value of that
    county's neighboring Illinois counties, to create a
    "weighted adjusted index value". This shall be calculated
    by summing the CWI values of all of a county's adjacent
    Illinois counties and dividing by the number of adjacent
    Illinois counties, then taking the weighted value of the
    original county's CWI value and the adjacent Illinois
    county average. To calculate this weighted value, if the
    number of adjacent Illinois counties is greater than 2, the
    original county's CWI value will be weighted at 0.25 and
    the adjacent Illinois county average will be weighted at
    0.75. If the number of adjacent Illinois counties is 2, the
    original county's CWI value will be weighted at 0.33 and
    the adjacent Illinois county average will be weighted at
    0.66. The greater of the county's current CWI value and its
    weighted adjusted index value shall be used as the
    Organizational Unit CWI.
        "Preceding Tax Year" means the property tax levy year
    immediately preceding the Base Tax Year.
        "Preceding Tax Year's Extension" means the product of
    the equalized assessed valuation utilized by the county
    clerk in the Preceding Tax Year multiplied by the Operating
    Tax Rate.
        "Preliminary Percent of Adequacy" is defined in
    paragraph (2) of subsection (f) of this Section.
        "Preliminary Resources" is defined in paragraph (2) of
    subsection (f) of this Section.
        "Principal" means a school administrator duly endorsed
    to be employed as a principal in this State.
        "Professional development" means training programs for
    licensed staff in schools, including, but not limited to,
    programs that assist in implementing new curriculum
    programs, provide data focused or academic assessment data
    training to help staff identify a student's weaknesses and
    strengths, target interventions, improve instruction,
    encompass instructional strategies for English learner,
    gifted, or at-risk students, address inclusivity, cultural
    sensitivity, or implicit bias, or otherwise provide
    professional support for licensed staff.
        "Prototypical" means 450 special education
    pre-kindergarten and kindergarten through grade 5 students
    for an elementary school, 450 grade 6 through 8 students
    for a middle school, and 600 grade 9 through 12 students
    for a high school.
        "PTELL" means the Property Tax Extension Limitation
    Law.
        "PTELL EAV" is defined in paragraph (4) of subsection
    (d) of this Section.
        "Pupil support staff" means a nurse, psychologist,
    social worker, family liaison personnel, or other staff
    member who provides support to at-risk or struggling
    students.
        "Real Receipts" is defined in paragraph (1) of
    subsection (d) of this Section.
        "Regionalization Factor" means, for a particular
    Organizational Unit, the figure derived by dividing the
    Organizational Unit CWI by the Statewide Weighted CWI.
        "School site staff" means the primary school secretary
    and any additional clerical personnel assigned to a school.
        "Special education" means special educational
    facilities and services, as defined in Section 14-1.08 of
    this Code.
        "Special Education Allocation" means the amount of an
    Organizational Unit's final Adequacy Target attributable
    to special education divided by the Organizational Unit's
    final Adequacy Target, the product of which shall be
    multiplied by the amount of new funding received pursuant
    to this Section. An Organizational Unit's final Adequacy
    Target attributable to special education shall include all
    special education investment adequacy elements.
        "Specialist teacher" means a teacher who provides
    instruction in subject areas not included in core subjects,
    including, but not limited to, art, music, physical
    education, health, driver education, career-technical
    education, and such other subject areas as may be mandated
    by State law or provided by an Organizational Unit.
        "Specially Funded Unit" means an Alternative School,
    safe school, Department of Juvenile Justice school,
    special education cooperative or entity recognized by the
    State Board as a special education cooperative,
    State-approved charter school, or alternative learning
    opportunities program that received direct funding from
    the State Board during the 2016-2017 school year through
    any of the funding sources included within the calculation
    of the Base Funding Minimum or Glenwood Academy.
        "Supplemental Grant Funding" means supplemental
    general State aid funding received by an Organizational
    Organization Unit during the 2016-2017 school year
    pursuant to subsection (H) of Section 18-8.05 of this Code
    (now repealed).
        "State Adequacy Level" is the sum of the Adequacy
    Targets of all Organizational Units.
        "State Board" means the State Board of Education.
        "State Superintendent" means the State Superintendent
    of Education.
        "Statewide Weighted CWI" means a figure determined by
    multiplying each Organizational Unit CWI times the ASE for
    that Organizational Unit creating a weighted value,
    summing all Organizational Units' Unit's weighted values,
    and dividing by the total ASE of all Organizational Units,
    thereby creating an average weighted index.
        "Student activities" means non-credit producing
    after-school programs, including, but not limited to,
    clubs, bands, sports, and other activities authorized by
    the school board of the Organizational Unit.
        "Substitute teacher" means an individual teacher or
    teaching assistant who is employed by an Organizational
    Unit and is temporarily serving the Organizational Unit on
    a per diem or per period-assignment basis to replace
    replacing another staff member.
        "Summer school" means academic and enrichment programs
    provided to students during the summer months outside of
    the regular school year.
        "Supervisory aide" means a non-licensed staff member
    who helps in supervising students of an Organizational
    Unit, but does so outside of the classroom, in situations
    such as, but not limited to, monitoring hallways and
    playgrounds, supervising lunchrooms, or supervising
    students when being transported in buses serving the
    Organizational Unit.
        "Target Ratio" is defined in paragraph (4) of
    subsection (g).
        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
    in paragraph (3) of subsection (g).
        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
    Funding" are defined in paragraph (1) of subsection (g).
    (b) Adequacy Target calculation.
        (1) Each Organizational Unit's Adequacy Target is the
    sum of the Organizational Unit's cost of providing
    Essential Elements, as calculated in accordance with this
    subsection (b), with the salary amounts in the Essential
    Elements multiplied by a Regionalization Factor calculated
    pursuant to paragraph (3) of this subsection (b).
        (2) The Essential Elements are attributable on a pro
    rata basis related to defined subgroups of the ASE of each
    Organizational Unit as specified in this paragraph (2),
    with investments and FTE positions pro rata funded based on
    ASE counts in excess or less than the thresholds set forth
    in this paragraph (2). The method for calculating
    attributable pro rata costs and the defined subgroups
    thereto are as follows:
            (A) Core class size investments. Each
        Organizational Unit shall receive the funding required
        to support that number of FTE core teacher positions as
        is needed to keep the respective class sizes of the
        Organizational Unit to the following maximum numbers:
                (i) For grades kindergarten through 3, the
            Organizational Unit shall receive funding required
            to support one FTE core teacher position for every
            15 Low-Income Count students in those grades and
            one FTE core teacher position for every 20
            non-Low-Income Count students in those grades.
                (ii) For grades 4 through 12, the
            Organizational Unit shall receive funding required
            to support one FTE core teacher position for every
            20 Low-Income Count students in those grades and
            one FTE core teacher position for every 25
            non-Low-Income Count students in those grades.
            The number of non-Low-Income Count students in a
        grade shall be determined by subtracting the
        Low-Income students in that grade from the ASE of the
        Organizational Unit for that grade.
            (B) Specialist teacher investments. Each
        Organizational Unit shall receive the funding needed
        to cover that number of FTE specialist teacher
        positions that correspond to the following
        percentages:
                (i) if the Organizational Unit operates an
            elementary or middle school, then 20.00% of the
            number of the Organizational Unit's core teachers,
            as determined under subparagraph (A) of this
            paragraph (2); and
                (ii) if such Organizational Unit operates a
            high school, then 33.33% of the number of the
            Organizational Unit's core teachers.
            (C) Instructional facilitator investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE instructional facilitator position
        for every 200 combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students of the Organizational Unit.
            (D) Core intervention teacher (tutor) investments.
        Each Organizational Unit shall receive the funding
        needed to cover one FTE teacher position for each
        prototypical elementary, middle, and high school.
            (E) Substitute teacher investments. Each
        Organizational Unit shall receive the funding needed
        to cover substitute teacher costs that is equal to
        5.70% of the minimum pupil attendance days required
        under Section 10-19 of this Code for all full-time
        equivalent core, specialist, and intervention
        teachers, school nurses, special education teachers
        and instructional assistants, instructional
        facilitators, and summer school and extended day
        extended-day teacher positions, as determined under
        this paragraph (2), at a salary rate of 33.33% of the
        average salary for grade K through 12 teachers and
        33.33% of the average salary of each instructional
        assistant position.
            (F) Core guidance counselor investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE guidance counselor for each 450
        combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 5
        students, plus one FTE guidance counselor for each 250
        grades 6 through 8 ASE middle school students, plus one
        FTE guidance counselor for each 250 grades 9 through 12
        ASE high school students.
            (G) Nurse investments. Each Organizational Unit
        shall receive the funding needed to cover one FTE nurse
        for each 750 combined ASE of pre-kindergarten children
        with disabilities and all kindergarten through grade
        12 students across all grade levels it serves.
            (H) Supervisory aide investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE for each 225 combined ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 5 students, plus one FTE for
        each 225 ASE middle school students, plus one FTE for
        each 200 ASE high school students.
            (I) Librarian investments. Each Organizational
        Unit shall receive the funding needed to cover one FTE
        librarian for each prototypical elementary school,
        middle school, and high school and one FTE aide or
        media technician for every 300 combined ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 12 students.
            (J) Principal investments. Each Organizational
        Unit shall receive the funding needed to cover one FTE
        principal position for each prototypical elementary
        school, plus one FTE principal position for each
        prototypical middle school, plus one FTE principal
        position for each prototypical high school.
            (K) Assistant principal investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE assistant principal position for each
        prototypical elementary school, plus one FTE assistant
        principal position for each prototypical middle
        school, plus one FTE assistant principal position for
        each prototypical high school.
            (L) School site staff investments. Each
        Organizational Unit shall receive the funding needed
        for one FTE position for each 225 ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 5 students, plus one FTE
        position for each 225 ASE middle school students, plus
        one FTE position for each 200 ASE high school students.
            (M) Gifted investments. Each Organizational Unit
        shall receive $40 per kindergarten through grade 12
        ASE.
            (N) Professional development investments. Each
        Organizational Unit shall receive $125 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students for trainers and other professional
        development-related expenses for supplies and
        materials.
            (O) Instructional material investments. Each
        Organizational Unit shall receive $190 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover instructional material costs.
            (P) Assessment investments. Each Organizational
        Unit shall receive $25 per student of the combined ASE
        of pre-kindergarten children with disabilities and all
        kindergarten through grade 12 students student to
        cover assessment costs.
            (Q) Computer technology and equipment investments.
        Each Organizational Unit shall receive $285.50 per
        student of the combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students to cover computer technology
        and equipment costs. For the 2018-2019 school year and
        subsequent school years, Organizational Units assigned
        to Tier 1 and Tier 2 in the prior school year shall
        receive an additional $285.50 per student of the
        combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover computer technology and equipment
        costs in the Organizational Organization Unit's
        Adequacy Target. The State Board may establish
        additional requirements for Organizational Unit
        expenditures of funds received pursuant to this
        subparagraph (Q), including a requirement that funds
        received pursuant to this subparagraph (Q) may be used
        only for serving the technology needs of the district.
        It is the intent of Public Act 100-465 this amendatory
        Act of the 100th General Assembly that all Tier 1 and
        Tier 2 districts receive the addition to their Adequacy
        Target in the following year, subject to compliance
        with the requirements of the State Board.
            (R) Student activities investments. Each
        Organizational Unit shall receive the following
        funding amounts to cover student activities: $100 per
        kindergarten through grade 5 ASE student in elementary
        school, plus $200 per ASE student in middle school,
        plus $675 per ASE student in high school.
            (S) Maintenance and operations investments. Each
        Organizational Unit shall receive $1,038 per student
        of the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students for day-to-day maintenance and operations
        expenditures, including salary, supplies, and
        materials, as well as purchased services, but
        excluding employee benefits. The proportion of salary
        for the application of a Regionalization Factor and the
        calculation of benefits is equal to $352.92.
            (T) Central office investments. Each
        Organizational Unit shall receive $742 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover central office operations, including
        administrators and classified personnel charged with
        managing the instructional programs, business and
        operations of the school district, and security
        personnel. The proportion of salary for the
        application of a Regionalization Factor and the
        calculation of benefits is equal to $368.48.
            (U) Employee benefit investments. Each
        Organizational Unit shall receive 30% of the total of
        all salary-calculated elements of the Adequacy Target,
        excluding substitute teachers and student activities
        investments, to cover benefit costs. For central
        office and maintenance and operations investments, the
        benefit calculation shall be based upon the salary
        proportion of each investment. If at any time the
        responsibility for funding the employer normal cost of
        teacher pensions is assigned to school districts, then
        that amount certified by the Teachers' Retirement
        System of the State of Illinois to be paid by the
        Organizational Unit for the preceding school year
        shall be added to the benefit investment. For any
        fiscal year in which a school district organized under
        Article 34 of this Code is responsible for paying the
        employer normal cost of teacher pensions, then that
        amount of its employer normal cost plus the amount for
        retiree health insurance as certified by the Public
        School Teachers' Pension and Retirement Fund of
        Chicago to be paid by the school district for the
        preceding school year that is statutorily required to
        cover employer normal costs and the amount for retiree
        health insurance shall be added to the 30% specified in
        this subparagraph (U). The Teachers' Retirement System
        of the State of Illinois and the Public School
        Teachers' Pension and Retirement Fund of Chicago shall
        submit such information as the State Superintendent
        may require for the calculations set forth in this
        subparagraph (U).
            (V) Additional investments in low-income students.
        In addition to and not in lieu of all other funding
        under this paragraph (2), each Organizational Unit
        shall receive funding based on the average teacher
        salary for grades K through 12 to cover the costs of:
                (i) one FTE intervention teacher (tutor)
            position for every 125 Low-Income Count students;
                (ii) one FTE pupil support staff position for
            every 125 Low-Income Count students;
                (iii) one FTE extended day teacher position
            for every 120 Low-Income Count students; and
                (iv) one FTE summer school teacher position
            for every 120 Low-Income Count students.
            (W) Additional investments in English learner
        students. In addition to and not in lieu of all other
        funding under this paragraph (2), each Organizational
        Unit shall receive funding based on the average teacher
        salary for grades K through 12 to cover the costs of:
                (i) one FTE intervention teacher (tutor)
            position for every 125 English learner students;
                (ii) one FTE pupil support staff position for
            every 125 English learner students;
                (iii) one FTE extended day teacher position
            for every 120 English learner students;
                (iv) one FTE summer school teacher position
            for every 120 English learner students; and
                (v) one FTE core teacher position for every 100
            English learner students.
            (X) Special education investments. Each
        Organizational Unit shall receive funding based on the
        average teacher salary for grades K through 12 to cover
        special education as follows:
                (i) one FTE teacher position for every 141
            combined ASE of pre-kindergarten children with
            disabilities and all kindergarten through grade 12
            students;
                (ii) one FTE instructional assistant for every
            141 combined ASE of pre-kindergarten children with
            disabilities and all kindergarten through grade 12
            students; and
                (iii) one FTE psychologist position for every
            1,000 combined ASE of pre-kindergarten children
            with disabilities and all kindergarten through
            grade 12 students.
        (3) For calculating the salaries included within the
    Essential Elements, the State Superintendent shall
    annually calculate average salaries to the nearest dollar
    using the employment information system data maintained by
    the State Board, limited to public schools only and
    excluding special education and vocational cooperatives,
    schools operated by the Department of Juvenile Justice, and
    charter schools, for the following positions:
            (A) Teacher for grades K through 8.
            (B) Teacher for grades 9 through 12.
            (C) Teacher for grades K through 12.
            (D) Guidance counselor for grades K through 8.
            (E) Guidance counselor for grades 9 through 12.
            (F) Guidance counselor for grades K through 12.
            (G) Social worker.
            (H) Psychologist.
            (I) Librarian.
            (J) Nurse.
            (K) Principal.
            (L) Assistant principal.
        For the purposes of this paragraph (3), "teacher"
    includes core teachers, specialist and elective teachers,
    instructional facilitators, tutors, special education
    teachers, pupil support staff teachers, English learner
    teachers, extended day extended-day teachers, and summer
    school teachers. Where specific grade data is not required
    for the Essential Elements, the average salary for
    corresponding positions shall apply. For substitute
    teachers, the average teacher salary for grades K through
    12 shall apply.
        For calculating the salaries included within the
    Essential Elements for positions not included within EIS
    Data, the following salaries shall be used in the first
    year of implementation of Evidence-Based Funding:
            (i) school site staff, $30,000; and
            (ii) non-instructional assistant, instructional
        assistant, library aide, library media tech, or
        supervisory aide: $25,000.
        In the second and subsequent years of implementation of
    Evidence-Based Funding, the amounts in items (i) and (ii)
    of this paragraph (3) shall annually increase by the ECI.
        The salary amounts for the Essential Elements
    determined pursuant to subparagraphs (A) through (L), (S)
    and (T), and (V) through (X) of paragraph (2) of subsection
    (b) of this Section shall be multiplied by a
    Regionalization Factor.
    (c) Local Capacity capacity calculation.
        (1) Each Organizational Unit's Local Capacity
    represents an amount of funding it is assumed to contribute
    toward its Adequacy Target for purposes of the
    Evidence-Based Funding formula calculation. "Local
    Capacity" means either (i) the Organizational Unit's Local
    Capacity Target as calculated in accordance with paragraph
    (2) of this subsection (c) if its Real Receipts are equal
    to or less than its Local Capacity Target or (ii) the
    Organizational Unit's Adjusted Local Capacity, as
    calculated in accordance with paragraph (3) of this
    subsection (c) if Real Receipts are more than its Local
    Capacity Target.
        (2) "Local Capacity Target" means, for an
    Organizational Unit, that dollar amount that is obtained by
    multiplying its Adequacy Target by its Local Capacity
    Ratio.
            (A) An Organizational Unit's Local Capacity
        Percentage is the conversion of the Organizational
        Unit's Local Capacity Ratio, as such ratio is
        determined in accordance with subparagraph (B) of this
        paragraph (2), into a cumulative distribution
        resulting in a percentile ranking to determine each
        Organizational Unit's relative position to all other
        Organizational Units in this State. The calculation of
        Local Capacity Percentage is described in subparagraph
        (C) of this paragraph (2).
            (B) An Organizational Unit's Local Capacity Ratio
        in a given year is the percentage obtained by dividing
        its Adjusted EAV or PTELL EAV, whichever is less, by
        its Adequacy Target, with the resulting ratio further
        adjusted as follows:
                (i) for Organizational Units serving grades
            kindergarten through 12 and Hybrid Districts, no
            further adjustments shall be made;
                (ii) for Organizational Units serving grades
            kindergarten through 8, the ratio shall be
            multiplied by 9/13;
                (iii) for Organizational Units serving grades
            9 through 12, the Local Capacity Ratio shall be
            multiplied by 4/13; and
                (iv) for an Organizational Unit with a
            different grade configuration than those specified
            in items (i) through (iii) of this subparagraph
            (B), the State Superintendent shall determine a
            comparable adjustment based on the grades served.
            (C) The Local Capacity Percentage is equal to the
        percentile ranking of the district. Local Capacity
        Percentage converts each Organizational Unit's Local
        Capacity Ratio to a cumulative distribution resulting
        in a percentile ranking to determine each
        Organizational Unit's relative position to all other
        Organizational Units in this State. The Local Capacity
        Percentage cumulative distribution resulting in a
        percentile ranking for each Organizational Unit shall
        be calculated using the standard normal distribution
        of the score in relation to the weighted mean and
        weighted standard deviation and Local Capacity Ratios
        of all Organizational Units. If the value assigned to
        any Organizational Unit is in excess of 90%, the value
        shall be adjusted to 90%. For Laboratory Schools, the
        Local Capacity Percentage shall be set at 10% in
        recognition of the absence of EAV and resources from
        the public university that are allocated to the
        Laboratory School. For programs operated by a regional
        office of education or an intermediate service center,
        the Local Capacity Percentage must be set at 10% in
        recognition of the absence of EAV and resources from
        school districts that are allocated to the regional
        office of education or intermediate service center.
        The weighted mean for the Local Capacity Percentage
        shall be determined by multiplying each Organizational
        Unit's Local Capacity Ratio times the ASE for the unit
        creating a weighted value, summing the weighted values
        of all Organizational Units, and dividing by the total
        ASE of all Organizational Units. The weighted standard
        deviation shall be determined by taking the square root
        of the weighted variance of all Organizational Units'
        Local Capacity Ratio, where the variance is calculated
        by squaring the difference between each unit's Local
        Capacity Ratio and the weighted mean, then multiplying
        the variance for each unit times the ASE for the unit
        to create a weighted variance for each unit, then
        summing all units' weighted variance and dividing by
        the total ASE of all units.
            (D) For any Organizational Unit, the
        Organizational Unit's Adjusted Local Capacity Target
        shall be reduced by either (i) the school board's
        remaining contribution pursuant to paragraph (ii) of
        subsection (b-4) of Section 16-158 of the Illinois
        Pension Code in a given year, or (ii) the board of
        education's remaining contribution pursuant to
        paragraph (iv) of subsection (b) of Section 17-129 of
        the Illinois Pension Code absent the employer normal
        cost portion of the required contribution and amount
        allowed pursuant to subdivision (3) of Section
        17-142.1 of the Illinois Pension Code in a given year.
        In the preceding sentence, item (i) shall be certified
        to the State Board of Education by the Teachers'
        Retirement System of the State of Illinois and item
        (ii) shall be certified to the State Board of Education
        by the Public School Teachers' Pension and Retirement
        Fund of the City of Chicago.
        (3) If an Organizational Unit's Real Receipts are more
    than its Local Capacity Target, then its Local Capacity
    shall equal an Adjusted Local Capacity Target as calculated
    in accordance with this paragraph (3). The Adjusted Local
    Capacity Target is calculated as the sum of the
    Organizational Unit's Local Capacity Target and its Real
    Receipts Adjustment. The Real Receipts Adjustment equals
    the Organizational Unit's Real Receipts less its Local
    Capacity Target, with the resulting figure multiplied by
    the Local Capacity Percentage.
        As used in this paragraph (3), "Real Percent of
    Adequacy" means the sum of an Organizational Unit's Real
    Receipts, CPPRT, and Base Funding Minimum, with the
    resulting figure divided by the Organizational Unit's
    Adequacy Target.
    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
purposes of the Local Capacity calculation.
        (1) An Organizational Unit's Real Receipts are the
    product of its Applicable Tax Rate and its Adjusted EAV. An
    Organizational Unit's Applicable Tax Rate is its Adjusted
    Operating Tax Rate for property within the Organizational
    Unit.
        (2) The State Superintendent shall calculate the
    equalized assessed valuation Equalized Assessed Valuation,
    or EAV, of all taxable property of each Organizational Unit
    as of September 30 of the previous year in accordance with
    paragraph (3) of this subsection (d). The State
    Superintendent shall then determine the Adjusted EAV of
    each Organizational Unit in accordance with paragraph (4)
    of this subsection (d), which Adjusted EAV figure shall be
    used for the purposes of calculating Local Capacity.
        (3) To calculate Real Receipts and EAV, the Department
    of Revenue shall supply to the State Superintendent the
    value as equalized or assessed by the Department of Revenue
    of all taxable property of every Organizational Unit,
    together with (i) the applicable tax rate used in extending
    taxes for the funds of the Organizational Unit as of
    September 30 of the previous year and (ii) the limiting
    rate for all Organizational Units subject to property tax
    extension limitations as imposed under PTELL.
            (A) The Department of Revenue shall add to the
        equalized assessed value of all taxable property of
        each Organizational Unit situated entirely or
        partially within a county that is or was subject to the
        provisions of Section 15-176 or 15-177 of the Property
        Tax Code (i) an amount equal to the total amount by
        which the homestead exemption allowed under Section
        15-176 or 15-177 of the Property Tax Code for real
        property situated in that Organizational Unit exceeds
        the total amount that would have been allowed in that
        Organizational Unit if the maximum reduction under
        Section 15-176 was (I) $4,500 in Cook County or $3,500
        in all other counties in tax year 2003 or (II) $5,000
        in all counties in tax year 2004 and thereafter and
        (ii) an amount equal to the aggregate amount for the
        taxable year of all additional exemptions under
        Section 15-175 of the Property Tax Code for owners with
        a household income of $30,000 or less. The county clerk
        of any county that is or was subject to the provisions
        of Section 15-176 or 15-177 of the Property Tax Code
        shall annually calculate and certify to the Department
        of Revenue for each Organizational Unit all homestead
        exemption amounts under Section 15-176 or 15-177 of the
        Property Tax Code and all amounts of additional
        exemptions under Section 15-175 of the Property Tax
        Code for owners with a household income of $30,000 or
        less. It is the intent of this subparagraph (A) that if
        the general homestead exemption for a parcel of
        property is determined under Section 15-176 or 15-177
        of the Property Tax Code rather than Section 15-175,
        then the calculation of EAV shall not be affected by
        the difference, if any, between the amount of the
        general homestead exemption allowed for that parcel of
        property under Section 15-176 or 15-177 of the Property
        Tax Code and the amount that would have been allowed
        had the general homestead exemption for that parcel of
        property been determined under Section 15-175 of the
        Property Tax Code. It is further the intent of this
        subparagraph (A) that if additional exemptions are
        allowed under Section 15-175 of the Property Tax Code
        for owners with a household income of less than
        $30,000, then the calculation of EAV shall not be
        affected by the difference, if any, because of those
        additional exemptions.
            (B) With respect to any part of an Organizational
        Unit within a redevelopment project area in respect to
        which a municipality has adopted tax increment
        allocation financing pursuant to the Tax Increment
        Allocation Redevelopment Act, Division 74.4 of Article
        11 of the Illinois Municipal Code, or the Industrial
        Jobs Recovery Law, Division 74.6 of Article 11 of the
        Illinois Municipal Code, no part of the current EAV of
        real property located in any such project area that
        which is attributable to an increase above the total
        initial EAV of such property shall be used as part of
        the EAV of the Organizational Unit, until such time as
        all redevelopment project costs have been paid, as
        provided in Section 11-74.4-8 of the Tax Increment
        Allocation Redevelopment Act or in Section 11-74.6-35
        of the Industrial Jobs Recovery Law. For the purpose of
        the EAV of the Organizational Unit, the total initial
        EAV or the current EAV, whichever is lower, shall be
        used until such time as all redevelopment project costs
        have been paid.
            (B-5) The real property equalized assessed
        valuation for a school district shall be adjusted by
        subtracting from the real property value, as equalized
        or assessed by the Department of Revenue, for the
        district an amount computed by dividing the amount of
        any abatement of taxes under Section 18-170 of the
        Property Tax Code by 3.00% for a district maintaining
        grades kindergarten through 12, by 2.30% for a district
        maintaining grades kindergarten through 8, or by 1.05%
        for a district maintaining grades 9 through 12 and
        adjusted by an amount computed by dividing the amount
        of any abatement of taxes under subsection (a) of
        Section 18-165 of the Property Tax Code by the same
        percentage rates for district type as specified in this
        subparagraph (B-5).
            (C) For Organizational Units that are Hybrid
        Districts, the State Superintendent shall use the
        lesser of the adjusted equalized assessed valuation
        for property within the partial elementary unit
        district for elementary purposes, as defined in
        Article 11E of this Code, or the adjusted equalized
        assessed valuation for property within the partial
        elementary unit district for high school purposes, as
        defined in Article 11E of this Code.
        (4) An Organizational Unit's Adjusted EAV shall be the
    average of its EAV over the immediately preceding 3 years
    or its EAV in the immediately preceding year if the EAV in
    the immediately preceding year has declined by 10% or more
    compared to the 3-year average. In the event of
    Organizational Unit reorganization, consolidation, or
    annexation, the Organizational Unit's Adjusted EAV for the
    first 3 years after such change shall be as follows: the
    most current EAV shall be used in the first year, the
    average of a 2-year EAV or its EAV in the immediately
    preceding year if the EAV declines by 10% or more compared
    to the 2-year average for the second year, and a 3-year
    average EAV or its EAV in the immediately preceding year if
    the Adjusted adjusted EAV declines by 10% or more compared
    to the 3-year average for the third year. For any school
    district whose EAV in the immediately preceding year is
    used in calculations, in the following year, the Adjusted
    EAV shall be the average of its EAV over the immediately
    preceding 2 years or the immediately preceding year if that
    year represents a decline of 10% or more compared to the
    2-year average.
        "PTELL EAV" means a figure calculated by the State
    Board for Organizational Units subject to PTELL as
    described in this paragraph (4) for the purposes of
    calculating an Organizational Unit's Local Capacity Ratio.
    Except as otherwise provided in this paragraph (4), the
    PTELL EAV of an Organizational Unit shall be equal to the
    product of the equalized assessed valuation last used in
    the calculation of general State aid under Section 18-8.05
    of this Code (now repealed) or Evidence-Based Funding under
    this Section and the Organizational Unit's Extension
    Limitation Ratio. If an Organizational Unit has approved or
    does approve an increase in its limiting rate, pursuant to
    Section 18-190 of the Property Tax Code, affecting the Base
    Tax Year, the PTELL EAV shall be equal to the product of
    the equalized assessed valuation last used in the
    calculation of general State aid under Section 18-8.05 of
    this Code (now repealed) or Evidence-Based Funding under
    this Section multiplied by an amount equal to one plus the
    percentage increase, if any, in the Consumer Price Index
    for All Urban Consumers for all items published by the
    United States Department of Labor for the 12-month calendar
    year preceding the Base Tax Year, plus the equalized
    assessed valuation of new property, annexed property, and
    recovered tax increment value and minus the equalized
    assessed valuation of disconnected property.
        As used in this paragraph (4), "new property" and
    "recovered tax increment value" shall have the meanings set
    forth in the Property Tax Extension Limitation Law.
    (e) Base Funding Minimum calculation.
        (1) For the 2017-2018 school year, the Base Funding
    Minimum of an Organizational Unit or a Specially Funded
    Unit shall be the amount of State funds distributed to the
    Organizational Unit or Specially Funded Unit during the
    2016-2017 school year prior to any adjustments and
    specified appropriation amounts described in this
    paragraph (1) from the following Sections, as calculated by
    the State Superintendent: Section 18-8.05 of this Code (now
    repealed); Section 5 of Article 224 of Public Act 99-524
    (equity grants); Section 14-7.02b of this Code (funding for
    children requiring special education services); Section
    14-13.01 of this Code (special education facilities and
    staffing), except for reimbursement of the cost of
    transportation pursuant to Section 14-13.01; Section
    14C-12 of this Code (English learners); and Section 18-4.3
    of this Code (summer school), based on an appropriation
    level of $13,121,600. For a school district organized under
    Article 34 of this Code, the Base Funding Minimum also
    includes (i) the funds allocated to the school district
    pursuant to Section 1D-1 of this Code attributable to
    funding programs authorized by the Sections of this Code
    listed in the preceding sentence; and (ii) the difference
    between (I) the funds allocated to the school district
    pursuant to Section 1D-1 of this Code attributable to the
    funding programs authorized by Section 14-7.02 (non-public
    special education reimbursement), subsection (b) of
    Section 14-13.01 (special education transportation),
    Section 29-5 (transportation), Section 2-3.80
    (agricultural education), Section 2-3.66 (truants'
    alternative education), Section 2-3.62 (educational
    service centers), and Section 14-7.03 (special education -
    orphanage) of this Code and Section 15 of the Childhood
    Hunger Relief Act (free breakfast program) and (II) the
    school district's actual expenditures for its non-public
    special education, special education transportation,
    transportation programs, agricultural education, truants'
    alternative education, services that would otherwise be
    performed by a regional office of education, special
    education orphanage expenditures, and free breakfast, as
    most recently calculated and reported pursuant to
    subsection (f) of Section 1D-1 of this Code. The Base
    Funding Minimum for Glenwood Academy shall be $625,500. For
    programs operated by a regional office of education or an
    intermediate service center, the Base Funding Minimum must
    be the total amount of State funds allocated to those
    programs in the 2018-2019 school year and amounts provided
    pursuant to Article 34 of Public Act 100-586 and Section
    3-16 of this Code. All programs established after June 5,
    2019 (the effective date of Public Act 101-10) this
    amendatory Act of the 101st General Assembly and
    administered by a regional office of education or an
    intermediate service center must have an initial Base
    Funding Minimum set to an amount equal to the first-year
    ASE multiplied by the amount of per pupil funding received
    in the previous school year by the lowest funded similar
    existing program type. If the enrollment for a program
    operated by a regional office of education or an
    intermediate service center is zero, then it may not
    receive Base Funding Minimum funds for that program in the
    next fiscal year, and those funds must be distributed to
    Organizational Units under subsection (g).
        (2) For the 2018-2019 and subsequent school years, the
    Base Funding Minimum of Organizational Units and Specially
    Funded Units shall be the sum of (i) the amount of
    Evidence-Based Funding for the prior school year, (ii) the
    Base Funding Minimum for the prior school year, and (iii)
    any amount received by a school district pursuant to
    Section 7 of Article 97 of Public Act 100-21.
        (3) Subject to approval by the General Assembly as
    provided in this paragraph (3), an Organizational Unit that
    meets all of the following criteria, as determined by the
    State Board, shall have District Intervention Money added
    to its Base Funding Minimum at the time the Base Funding
    Minimum is calculated by the State Board:
            (A) The Organizational Unit is operating under an
        Independent Authority under Section 2-3.25f-5 of this
        Code for a minimum of 4 school years or is subject to
        the control of the State Board pursuant to a court
        order for a minimum of 4 school years.
            (B) The Organizational Unit was designated as a
        Tier 1 or Tier 2 Organizational Unit in the previous
        school year under paragraph (3) of subsection (g) of
        this Section.
            (C) The Organizational Unit demonstrates
        sustainability through a 5-year financial and
        strategic plan.
            (D) The Organizational Unit has made sufficient
        progress and achieved sufficient stability in the
        areas of governance, academic growth, and finances.
        As part of its determination under this paragraph (3),
    the State Board may consider the Organizational Unit's
    summative designation, any accreditations of the
    Organizational Unit, or the Organizational Unit's
    financial profile, as calculated by the State Board.
        If the State Board determines that an Organizational
    Unit has met the criteria set forth in this paragraph (3),
    it must submit a report to the General Assembly, no later
    than January 2 of the fiscal year in which the State Board
    makes it determination, on the amount of District
    Intervention Money to add to the Organizational Unit's Base
    Funding Minimum. The General Assembly must review the State
    Board's report and may approve or disapprove, by joint
    resolution, the addition of District Intervention Money.
    If the General Assembly fails to act on the report within
    40 calendar days from the receipt of the report, the
    addition of District Intervention Money is deemed
    approved. If the General Assembly approves the amount of
    District Intervention Money to be added to the
    Organizational Unit's Base Funding Minimum, the District
    Intervention Money must be added to the Base Funding
    Minimum annually thereafter.
        For the first 4 years following the initial year that
    the State Board determines that an Organizational Unit has
    met the criteria set forth in this paragraph (3) and has
    received funding under this Section, the Organizational
    Unit must annually submit to the State Board, on or before
    November 30, a progress report regarding its financial and
    strategic plan under subparagraph (C) of this paragraph
    (3). The plan shall include the financial data from the
    past 4 annual financial reports or financial audits that
    must be presented to the State Board by November 15 of each
    year and the approved budget financial data for the current
    year. The plan shall be developed according to the
    guidelines presented to the Organizational Unit by the
    State Board. The plan shall further include financial
    projections for the next 3 fiscal years and include a
    discussion and financial summary of the Organizational
    Unit's facility needs. If the Organizational Unit does not
    demonstrate sufficient progress toward its 5-year plan or
    if it has failed to file an annual financial report, an
    annual budget, a financial plan, a deficit reduction plan,
    or other financial information as required by law, the
    State Board may establish a Financial Oversight Panel under
    Article 1H of this Code. However, if the Organizational
    Unit already has a Financial Oversight Panel, the State
    Board may extend the duration of the Panel.
    (f) Percent of Adequacy and Final Resources calculation.
        (1) The Evidence-Based Funding formula establishes a
    Percent of Adequacy for each Organizational Unit in order
    to place such units into tiers for the purposes of the
    funding distribution system described in subsection (g) of
    this Section. Initially, an Organizational Unit's
    Preliminary Resources and Preliminary Percent of Adequacy
    are calculated pursuant to paragraph (2) of this subsection
    (f). Then, an Organizational Unit's Final Resources and
    Final Percent of Adequacy are calculated to account for the
    Organizational Unit's poverty concentration levels
    pursuant to paragraphs (3) and (4) of this subsection (f).
        (2) An Organizational Unit's Preliminary Resources are
    equal to the sum of its Local Capacity Target, CPPRT, and
    Base Funding Minimum. An Organizational Unit's Preliminary
    Percent of Adequacy is the lesser of (i) its Preliminary
    Resources divided by its Adequacy Target or (ii) 100%.
        (3) Except for Specially Funded Units, an
    Organizational Unit's Final Resources are equal the sum of
    its Local Capacity, CPPRT, and Adjusted Base Funding
    Minimum. The Base Funding Minimum of each Specially Funded
    Unit shall serve as its Final Resources, except that the
    Base Funding Minimum for State-approved charter schools
    shall not include any portion of general State aid
    allocated in the prior year based on the per capita tuition
    charge times the charter school enrollment.
        (4) An Organizational Unit's Final Percent of Adequacy
    is its Final Resources divided by its Adequacy Target. An
    Organizational Unit's Adjusted Base Funding Minimum is
    equal to its Base Funding Minimum less its Supplemental
    Grant Funding, with the resulting figure added to the
    product of its Supplemental Grant Funding and Preliminary
    Percent of Adequacy.
    (g) Evidence-Based Funding formula distribution system.
        (1) In each school year under the Evidence-Based
    Funding formula, each Organizational Unit receives funding
    equal to the sum of its Base Funding Minimum and the unit's
    allocation of New State Funds determined pursuant to this
    subsection (g). To allocate New State Funds, the
    Evidence-Based Funding formula distribution system first
    places all Organizational Units into one of 4 tiers in
    accordance with paragraph (3) of this subsection (g), based
    on the Organizational Unit's Final Percent of Adequacy. New
    State Funds are allocated to each of the 4 tiers as
    follows: Tier 1 Aggregate Funding equals 50% of all New
    State Funds, Tier 2 Aggregate Funding equals 49% of all New
    State Funds, Tier 3 Aggregate Funding equals 0.9% of all
    New State Funds, and Tier 4 Aggregate Funding equals 0.1%
    of all New State Funds. Each Organizational Unit within
    Tier 1 or Tier 2 receives an allocation of New State Funds
    equal to its tier Funding Gap, as defined in the following
    sentence, multiplied by the tier's Allocation Rate
    determined pursuant to paragraph (4) of this subsection
    (g). For Tier 1, an Organizational Unit's Funding Gap
    equals the tier's Target Ratio, as specified in paragraph
    (5) of this subsection (g), multiplied by the
    Organizational Unit's Adequacy Target, with the resulting
    amount reduced by the Organizational Unit's Final
    Resources. For Tier 2, an Organizational Unit's Funding Gap
    equals the tier's Target Ratio, as described in paragraph
    (5) of this subsection (g), multiplied by the
    Organizational Unit's Adequacy Target, with the resulting
    amount reduced by the Organizational Unit's Final
    Resources and its Tier 1 funding allocation. To determine
    the Organizational Unit's Funding Gap, the resulting
    amount is then multiplied by a factor equal to one minus
    the Organizational Unit's Local Capacity Target
    percentage. Each Organizational Unit within Tier 3 or Tier
    4 receives an allocation of New State Funds equal to the
    product of its Adequacy Target and the tier's Allocation
    Rate, as specified in paragraph (4) of this subsection (g).
        (2) To ensure equitable distribution of dollars for all
    Tier 2 Organizational Units, no Tier 2 Organizational Unit
    shall receive fewer dollars per ASE than any Tier 3
    Organizational Unit. Each Tier 2 and Tier 3 Organizational
    Unit shall have its funding allocation divided by its ASE.
    Any Tier 2 Organizational Unit with a funding allocation
    per ASE below the greatest Tier 3 allocation per ASE shall
    get a funding allocation equal to the greatest Tier 3
    funding allocation per ASE multiplied by the
    Organizational Unit's ASE. Each Tier 2 Organizational
    Unit's Tier 2 funding allocation shall be multiplied by the
    percentage calculated by dividing the original Tier 2
    Aggregate Funding by the sum of all Tier 2 Organizational
    Units' Unit's Tier 2 funding allocation after adjusting
    districts' funding below Tier 3 levels.
        (3) Organizational Units are placed into one of 4 tiers
    as follows:
            (A) Tier 1 consists of all Organizational Units,
        except for Specially Funded Units, with a Percent of
        Adequacy less than the Tier 1 Target Ratio. The Tier 1
        Target Ratio is the ratio level that allows for Tier 1
        Aggregate Funding to be distributed, with the Tier 1
        Allocation Rate determined pursuant to paragraph (4)
        of this subsection (g).
            (B) Tier 2 consists of all Tier 1 Units and all
        other Organizational Units, except for Specially
        Funded Units, with a Percent of Adequacy of less than
        0.90.
            (C) Tier 3 consists of all Organizational Units,
        except for Specially Funded Units, with a Percent of
        Adequacy of at least 0.90 and less than 1.0.
            (D) Tier 4 consists of all Organizational Units
        with a Percent of Adequacy of at least 1.0.
        (4) The Allocation Rates for Tiers 1 through 4 are is
    determined as follows:
            (A) The Tier 1 Allocation Rate is 30%.
            (B) The Tier 2 Allocation Rate is the result of the
        following equation: Tier 2 Aggregate Funding, divided
        by the sum of the Funding Gaps for all Tier 2
        Organizational Units, unless the result of such
        equation is higher than 1.0. If the result of such
        equation is higher than 1.0, then the Tier 2 Allocation
        Rate is 1.0.
            (C) The Tier 3 Allocation Rate is the result of the
        following equation: Tier 3 Aggregate Funding, divided
        by the sum of the Adequacy Targets of all Tier 3
        Organizational Units.
            (D) The Tier 4 Allocation Rate is the result of the
        following equation: Tier 4 Aggregate Funding, divided
        by the sum of the Adequacy Targets of all Tier 4
        Organizational Units.
        (5) A tier's Target Ratio is determined as follows:
            (A) The Tier 1 Target Ratio is the ratio level that
        allows for Tier 1 Aggregate Funding to be distributed
        with the Tier 1 Allocation Rate.
            (B) The Tier 2 Target Ratio is 0.90.
            (C) The Tier 3 Target Ratio is 1.0.
        (6) If, at any point, the Tier 1 Target Ratio is
    greater than 90%, than all Tier 1 funding shall be
    allocated to Tier 2 and no Tier 1 Organizational Unit's
    funding may be identified.
        (7) In the event that all Tier 2 Organizational Units
    receive funding at the Tier 2 Target Ratio level, any
    remaining New State Funds shall be allocated to Tier 3 and
    Tier 4 Organizational Units.
        (8) If any Specially Funded Units, excluding Glenwood
    Academy, recognized by the State Board do not qualify for
    direct funding following the implementation of Public Act
    100-465 this amendatory Act of the 100th General Assembly
    from any of the funding sources included within the
    definition of Base Funding Minimum, the unqualified
    portion of the Base Funding Minimum shall be transferred to
    one or more appropriate Organizational Units as determined
    by the State Superintendent based on the prior year ASE of
    the Organizational Units.
        (8.5) If a school district withdraws from a special
    education cooperative, the portion of the Base Funding
    Minimum that is attributable to the school district may be
    redistributed to the school district upon withdrawal. The
    school district and the cooperative must include the amount
    of the Base Funding Minimum that is to be reapportioned
    re-apportioned in their withdrawal agreement and notify
    the State Board of the change with a copy of the agreement
    upon withdrawal.
        (9) The Minimum Funding Level is intended to establish
    a target for State funding that will keep pace with
    inflation and continue to advance equity through the
    Evidence-Based Funding formula. The target for State
    funding of New Property Tax Relief Pool Funds is
    $50,000,000 for State fiscal year 2019 and subsequent State
    fiscal years. The Minimum Funding Level is equal to
    $350,000,000. In addition to any New State Funds, no more
    than $50,000,000 New Property Tax Relief Pool Funds may be
    counted toward towards the Minimum Funding Level. If the
    sum of New State Funds and applicable New Property Tax
    Relief Pool Funds are less than the Minimum Funding Level,
    than funding for tiers shall be reduced in the following
    manner:
            (A) First, Tier 4 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds until such time as
        Tier 4 funding is exhausted.
            (B) Next, Tier 3 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds and the reduction in
        Tier 4 funding until such time as Tier 3 funding is
        exhausted.
            (C) Next, Tier 2 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level level and New new State Funds and the
        reduction in Tier 4 and Tier 3.
            (D) Finally, Tier 1 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding level and New State Funds and the reduction in
        Tier 2, 3, and 4 funding. In addition, the Allocation
        Rate for Tier 1 shall be reduced to a percentage equal
        to the Tier 1 Allocation Rate allocation rate set by
        paragraph (4) of this subsection (g), multiplied by the
        result of New State Funds divided by the Minimum
        Funding Level.
        (9.5) For State fiscal year 2019 and subsequent State
    fiscal years, if New State Funds exceed $300,000,000, then
    any amount in excess of $300,000,000 shall be dedicated for
    purposes of Section 2-3.170 of this Code up to a maximum of
    $50,000,000.
        (10) In the event of a decrease in the amount of the
    appropriation for this Section in any fiscal year after
    implementation of this Section, the Organizational Units
    receiving Tier 1 and Tier 2 funding, as determined under
    paragraph (3) of this subsection (g), shall be held
    harmless by establishing a Base Funding Guarantee equal to
    the per pupil kindergarten through grade 12 funding
    received in accordance with this Section in the prior
    fiscal year. Reductions shall be made to the Base Funding
    Minimum of Organizational Units in Tier 3 and Tier 4 on a
    per pupil basis equivalent to the total number of the ASE
    in Tier 3-funded and Tier 4-funded Organizational Units
    divided by the total reduction in State funding. The Base
    Funding Minimum as reduced shall continue to be applied to
    Tier 3 and Tier 4 Organizational Units and adjusted by the
    relative formula when increases in appropriations for this
    Section resume. In no event may State funding reductions to
    Organizational Units in Tier 3 or Tier 4 exceed an amount
    that would be less than the Base Funding Minimum
    established in the first year of implementation of this
    Section. If additional reductions are required, all school
    districts shall receive a reduction by a per pupil amount
    equal to the aggregate additional appropriation reduction
    divided by the total ASE of all Organizational Units.
        (11) The State Superintendent shall make minor
    adjustments to the distribution formula set forth in this
    subsection (g) to account for the rounding of percentages
    to the nearest tenth of a percentage and dollar amounts to
    the nearest whole dollar.
    (h) State Superintendent administration of funding and
district submission requirements.
        (1) The State Superintendent shall, in accordance with
    appropriations made by the General Assembly, meet the
    funding obligations created under this Section.
        (2) The State Superintendent shall calculate the
    Adequacy Target for each Organizational Unit and Net State
    Contribution Target for each Organizational Unit under
    this Section. No Evidence-Based Funding shall be
    distributed within an Organizational Unit without the
    approval of the unit's school board.
        (3) Annually, the State Superintendent shall calculate
    and report to each Organizational Unit the unit's aggregate
    financial adequacy amount, which shall be the sum of the
    Adequacy Target for each Organizational Unit. The State
    Superintendent shall calculate and report separately for
    each Organizational Unit the unit's total State funds
    allocated for its students with disabilities. The State
    Superintendent shall calculate and report separately for
    each Organizational Unit the amount of funding and
    applicable FTE calculated for each Essential Element of the
    unit's Adequacy Target.
        (4) Annually, the State Superintendent shall calculate
    and report to each Organizational Unit the amount the unit
    must expend on special education and bilingual education
    and computer technology and equipment for Organizational
    Units assigned to Tier 1 or Tier 2 that received an
    additional $285.50 per student computer technology and
    equipment investment grant to their Adequacy Target
    pursuant to the unit's Base Funding Minimum, Special
    Education Allocation, Bilingual Education Allocation, and
    computer technology and equipment investment allocation.
        (5) Moneys distributed under this Section shall be
    calculated on a school year basis, but paid on a fiscal
    year basis, with payments beginning in August and extending
    through June. Unless otherwise provided, the moneys
    appropriated for each fiscal year shall be distributed in
    22 equal payments at least 2 times monthly to each
    Organizational Unit. If moneys appropriated for any fiscal
    year are distributed other than monthly, the distribution
    shall be on the same basis for each Organizational Unit.
        (6) Any school district that fails, for any given
    school year, to maintain school as required by law or to
    maintain a recognized school is not eligible to receive
    Evidence-Based Funding. In case of non-recognition of one
    or more attendance centers in a school district otherwise
    operating recognized schools, the claim of the district
    shall be reduced in the proportion that the enrollment in
    the attendance center or centers bears to the enrollment of
    the school district. "Recognized school" means any public
    school that meets the standards for recognition by the
    State Board. A school district or attendance center not
    having recognition status at the end of a school term is
    entitled to receive State aid payments due upon a legal
    claim that was filed while it was recognized.
        (7) School district claims filed under this Section are
    subject to Sections 18-9 and 18-12 of this Code, except as
    otherwise provided in this Section.
        (8) Each fiscal year, the State Superintendent shall
    calculate for each Organizational Unit an amount of its
    Base Funding Minimum and Evidence-Based Funding that shall
    be deemed attributable to the provision of special
    educational facilities and services, as defined in Section
    14-1.08 of this Code, in a manner that ensures compliance
    with maintenance of State financial support requirements
    under the federal Individuals with Disabilities Education
    Act. An Organizational Unit must use such funds only for
    the provision of special educational facilities and
    services, as defined in Section 14-1.08 of this Code, and
    must comply with any expenditure verification procedures
    adopted by the State Board.
        (9) All Organizational Units in this State must submit
    annual spending plans by the end of September of each year
    to the State Board as part of the annual budget process,
    which shall describe how each Organizational Unit will
    utilize the Base Funding Minimum Funding and
    Evidence-Based Funding funding it receives from this State
    under this Section with specific identification of the
    intended utilization of Low-Income, English learner, and
    special education resources. Additionally, the annual
    spending plans of each Organizational Unit shall describe
    how the Organizational Unit expects to achieve student
    growth and how the Organizational Unit will achieve State
    education goals, as defined by the State Board. The State
    Superintendent may, from time to time, identify additional
    requisites for Organizational Units to satisfy when
    compiling the annual spending plans required under this
    subsection (h). The format and scope of annual spending
    plans shall be developed by the State Superintendent and
    the State Board of Education. School districts that serve
    students under Article 14C of this Code shall continue to
    submit information as required under Section 14C-12 of this
    Code.
        (10) No later than January 1, 2018, the State
    Superintendent shall develop a 5-year strategic plan for
    all Organizational Units to help in planning for adequacy
    funding under this Section. The State Superintendent shall
    submit the plan to the Governor and the General Assembly,
    as provided in Section 3.1 of the General Assembly
    Organization Act. The plan shall include recommendations
    for:
            (A) a framework for collaborative, professional,
        innovative, and 21st century learning environments
        using the Evidence-Based Funding model;
            (B) ways to prepare and support this State's
        educators for successful instructional careers;
            (C) application and enhancement of the current
        financial accountability measures, the approved State
        plan to comply with the federal Every Student Succeeds
        Act, and the Illinois Balanced Accountability Measures
        in relation to student growth and elements of the
        Evidence-Based Funding model; and
            (D) implementation of an effective school adequacy
        funding system based on projected and recommended
        funding levels from the General Assembly.
        (11) On an annual basis, the State Superintendent must
    recalibrate all of the following per pupil elements of the
    Adequacy Target and applied to the formulas, based on the
    study of average expenses and as reported in the most
    recent annual financial report:
            (A) Gifted under subparagraph (M) of paragraph (2)
        of subsection (b).
            (B) Instructional materials under subparagraph (O)
        of paragraph (2) of subsection (b).
            (C) Assessment under subparagraph (P) of paragraph
        (2) of subsection (b).
            (D) Student activities under subparagraph (R) of
        paragraph (2) of subsection (b).
            (E) Maintenance and operations under subparagraph
        (S) of paragraph (2) of subsection (b).
            (F) Central office under subparagraph (T) of
        paragraph (2) of subsection (b).
    (i) Professional Review Panel.
        (1) A Professional Review Panel is created to study and
    review topics related to the implementation and effect of
    Evidence-Based Funding, as assigned by a joint resolution
    or Public Act of the General Assembly or a motion passed by
    the State Board of Education. The Panel must provide
    recommendations to and serve the Governor, the General
    Assembly, and the State Board. The State Superintendent or
    his or her designee must serve as a voting member and
    chairperson of the Panel. The State Superintendent must
    appoint a vice chairperson from the membership of the
    Panel. The Panel must advance recommendations based on a
    three-fifths majority vote of Panel panel members present
    and voting. A minority opinion may also accompany any
    recommendation of the Panel. The Panel shall be appointed
    by the State Superintendent, except as otherwise provided
    in paragraph (2) of this subsection (i) and include the
    following members:
            (A) Two appointees that represent district
        superintendents, recommended by a statewide
        organization that represents district superintendents.
            (B) Two appointees that represent school boards,
        recommended by a statewide organization that
        represents school boards.
            (C) Two appointees from districts that represent
        school business officials, recommended by a statewide
        organization that represents school business
        officials.
            (D) Two appointees that represent school
        principals, recommended by a statewide organization
        that represents school principals.
            (E) Two appointees that represent teachers,
        recommended by a statewide organization that
        represents teachers.
            (F) Two appointees that represent teachers,
        recommended by another statewide organization that
        represents teachers.
            (G) Two appointees that represent regional
        superintendents of schools, recommended by
        organizations that represent regional superintendents.
            (H) Two independent experts selected solely by the
        State Superintendent.
            (I) Two independent experts recommended by public
        universities in this State.
            (J) One member recommended by a statewide
        organization that represents parents.
            (K) Two representatives recommended by collective
        impact organizations that represent major metropolitan
        areas or geographic areas in Illinois.
            (L) One member from a statewide organization
        focused on research-based education policy to support
        a school system that prepares all students for college,
        a career, and democratic citizenship.
            (M) One representative from a school district
        organized under Article 34 of this Code.
        The State Superintendent shall ensure that the
    membership of the Panel includes representatives from
    school districts and communities reflecting the
    geographic, socio-economic, racial, and ethnic diversity
    of this State. The State Superintendent shall additionally
    ensure that the membership of the Panel includes
    representatives with expertise in bilingual education and
    special education. Staff from the State Board shall staff
    the Panel.
        (2) In addition to those Panel members appointed by the
    State Superintendent, 4 members of the General Assembly
    shall be appointed as follows: one member of the House of
    Representatives appointed by the Speaker of the House of
    Representatives, one member of the Senate appointed by the
    President of the Senate, one member of the House of
    Representatives appointed by the Minority Leader of the
    House of Representatives, and one member of the Senate
    appointed by the Minority Leader of the Senate. There shall
    be one additional member appointed by the Governor. All
    members appointed by legislative leaders or the Governor
    shall be non-voting, ex officio members.
        (3) The Panel must study topics at the direction of the
    General Assembly or State Board of Education, as provided
    under paragraph (1). The Panel may also study the following
    topics at the direction of the chairperson: (4)
            (A) The format and scope of annual spending plans
        referenced in paragraph (9) of subsection (h) of this
        Section.
            (B) The Comparable Wage Index under this Section.
            (C) Maintenance and operations, including capital
        maintenance and construction costs.
            (D) "At-risk student" definition.
            (E) Benefits.
            (F) Technology.
            (G) Local Capacity Target.
            (H) Funding for Alternative Schools, Laboratory
        Schools, safe schools, and alternative learning
        opportunities programs.
            (I) Funding for college and career acceleration
        strategies.
            (J) Special education investments.
            (K) Early childhood investments, in collaboration
        with the Illinois Early Learning Council.
        (4) (Blank).
        (5) Within 5 years after the implementation of this
    Section, and every 5 years thereafter, the Panel shall
    complete an evaluative study of the entire Evidence-Based
    Funding model, including an assessment of whether or not
    the formula is achieving State goals. The Panel shall
    report to the State Board, the General Assembly, and the
    Governor on the findings of the study.
        (6) (Blank).
    (j) References. Beginning July 1, 2017, references in other
laws to general State aid funds or calculations under Section
18-8.05 of this Code (now repealed) shall be deemed to be
references to evidence-based model formula funds or
calculations under this Section.
(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
6-14-19; revised 7-1-19.)
 
    (105 ILCS 5/21A-5)
    Sec. 21A-5. Definitions. In this Article:
    "New teacher" means the holder of a professional educator
license an Initial Teaching Certificate, as set forth in
Section 21B-20 21-2 of this Code, who is employed by a public
school and who has not previously participated in a new teacher
induction and mentoring program required by this Article,
except as provided in Section 21A-25 of this Code.
    "Public school" means any school operating pursuant to the
authority of this Code, including without limitation a school
district, a charter school, a cooperative or joint agreement
with a governing body or board of control, and a school
operated by a regional office of education or State agency.
(Source: P.A. 93-355, eff. 1-1-04.)
 
    (105 ILCS 5/21A-30)
    Sec. 21A-30. Evaluation of programs. The State Board of
Education and the State Educator Preparation and Licensure
Teacher Certification Board shall jointly contract with an
independent party to conduct a comprehensive evaluation of new
teacher induction and mentoring programs established pursuant
to this Article. The first report of this evaluation shall be
presented to the General Assembly on or before January 1, 2009.
Subsequent evaluations shall be conducted and reports
presented to the General Assembly on or before January 1 of
every third year thereafter.
(Source: P.A. 93-355, eff. 1-1-04.)
 
    (105 ILCS 5/21A-35)
    Sec. 21A-35. Rules. The State Board of Education, in
consultation with the State Educator Preparation and Licensure
Teacher Certification Board, shall adopt rules for the
implementation of this Article.
(Source: P.A. 93-355, eff. 1-1-04.)
 
    (105 ILCS 5/21B-20)
    Sec. 21B-20. Types of licenses. The State Board of
Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an educator
license with stipulations; (iii) a substitute teaching
license; or (iv) until June 30, 2023, a short-term substitute
teaching license. References in law regarding individuals
certified or certificated or required to be certified or
certificated under Article 21 of this Code shall also include
individuals licensed or required to be licensed under this
Article. The first year of all licenses ends on June 30
following one full year of the license being issued.
    The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
        (1) Professional Educator License. Persons who (i)
    have successfully completed an approved educator
    preparation program and are recommended for licensure by
    the Illinois institution offering the educator preparation
    program, (ii) have successfully completed the required
    testing under Section 21B-30 of this Code, (iii) have
    successfully completed coursework on the psychology of,
    the identification of, and the methods of instruction for
    the exceptional child, including without limitation
    children with learning disabilities, (iv) have
    successfully completed coursework in methods of reading
    and reading in the content area, and (v) have met all other
    criteria established by rule of the State Board of
    Education shall be issued a Professional Educator License.
    All Professional Educator Licenses are valid until June 30
    immediately following 5 years of the license being issued.
    The Professional Educator License shall be endorsed with
    specific areas and grade levels in which the individual is
    eligible to practice. For an early childhood education
    endorsement, an individual may satisfy the student
    teaching requirement of his or her early childhood teacher
    preparation program through placement in a setting with
    children from birth through grade 2, and the individual may
    be paid and receive credit while student teaching. The
    student teaching experience must meet the requirements of
    and be approved by the individual's early childhood teacher
    preparation program.
        Individuals can receive subsequent endorsements on the
    Professional Educator License. Subsequent endorsements
    shall require a minimum of 24 semester hours of coursework
    in the endorsement area and passage of the applicable
    content area test, unless otherwise specified by rule.
        (2) Educator License with Stipulations. An Educator
    License with Stipulations shall be issued an endorsement
    that limits the license holder to one particular position
    or does not require completion of an approved educator
    program or both.
        An individual with an Educator License with
    Stipulations must not be employed by a school district or
    any other entity to replace any presently employed teacher
    who otherwise would not be replaced for any reason.
        An Educator License with Stipulations may be issued
    with the following endorsements:
            (A) (Blank).
            (B) Alternative provisional educator. An
        alternative provisional educator endorsement on an
        Educator License with Stipulations may be issued to an
        applicant who, at the time of applying for the
        endorsement, has done all of the following:
                (i) Graduated from a regionally accredited
            college or university with a minimum of a
            bachelor's degree.
                (ii) Successfully completed the first phase of
            the Alternative Educator Licensure Program for
            Teachers, as described in Section 21B-50 of this
            Code.
                (iii) Passed a content area test, as required
            under Section 21B-30 of this Code.
        The alternative provisional educator endorsement is
    valid for 2 years of teaching and may be renewed for a
    third year by an individual meeting the requirements set
    forth in Section 21B-50 of this Code.
            (C) Alternative provisional superintendent. An
        alternative provisional superintendent endorsement on
        an Educator License with Stipulations entitles the
        holder to serve only as a superintendent or assistant
        superintendent in a school district's central office.
        This endorsement may only be issued to an applicant
        who, at the time of applying for the endorsement, has
        done all of the following:
                (i) Graduated from a regionally accredited
            college or university with a minimum of a master's
            degree in a management field other than education.
                (ii) Been employed for a period of at least 5
            years in a management level position in a field
            other than education.
                (iii) Successfully completed the first phase
            of an alternative route to superintendent
            endorsement program, as provided in Section 21B-55
            of this Code.
                (iv) Passed a content area test required under
            Section 21B-30 of this Code.
            The endorsement is valid for 2 fiscal years in
        order to complete one full year of serving as a
        superintendent or assistant superintendent.
            (D) (Blank).
            (E) Career and technical educator. A career and
        technical educator endorsement on an Educator License
        with Stipulations may be issued to an applicant who has
        a minimum of 60 semester hours of coursework from a
        regionally accredited institution of higher education
        or an accredited trade and technical institution and
        has a minimum of 2,000 hours of experience outside of
        education in each area to be taught.
            The career and technical educator endorsement on
        an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed. For
        individuals who were issued the career and technical
        educator endorsement on an Educator License with
        Stipulations on or after January 1, 2015, the license
        may be renewed if the individual passes a test of work
        proficiency, as required under Section 21B-30 of this
        Code.
            An individual who holds a valid career and
        technical educator endorsement on an Educator License
        with Stipulations but does not hold a bachelor's degree
        may substitute teach in career and technical education
        classrooms.
            (F) Part-time provisional career and technical
        educator or provisional career and technical educator.
        A part-time provisional career and technical educator
        endorsement or a provisional career and technical
        educator endorsement on an Educator License with
        Stipulations may be issued to an applicant who has a
        minimum of 8,000 hours of work experience in the skill
        for which the applicant is seeking the endorsement. It
        is the responsibility of each employing school board
        and regional office of education to provide
        verification, in writing, to the State Superintendent
        of Education at the time the application is submitted
        that no qualified teacher holding a Professional
        Educator License or an Educator License with
        Stipulations with a career and technical educator
        endorsement is available and that actual circumstances
        require such issuance.
            The provisional career and technical educator
        endorsement on an Educator License with Stipulations
        is valid until June 30 immediately following 5 years of
        the endorsement being issued and may be renewed for 5
        years. For individuals who were issued the provisional
        career and technical educator endorsement on an
        Educator License with Stipulations on or after January
        1, 2015, the license may be renewed if the individual
        passes a test of work proficiency, as required under
        Section 21B-30 of this Code.
            A part-time provisional career and technical
        educator endorsement on an Educator License with
        Stipulations may be issued for teaching no more than 2
        courses of study for grades 6 through 12. The part-time
        provisional career and technical educator endorsement
        on an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed for 5 years
        if the individual makes application for renewal.
            An individual who holds a provisional or part-time
        provisional career and technical educator endorsement
        on an Educator License with Stipulations but does not
        hold a bachelor's degree may substitute teach in career
        and technical education classrooms.
            (G) Transitional bilingual educator. A
        transitional bilingual educator endorsement on an
        Educator License with Stipulations may be issued for
        the purpose of providing instruction in accordance
        with Article 14C of this Code to an applicant who
        provides satisfactory evidence that he or she meets all
        of the following requirements:
                (i) Possesses adequate speaking, reading, and
            writing ability in the language other than English
            in which transitional bilingual education is
            offered.
                (ii) Has the ability to successfully
            communicate in English.
                (iii) Either possessed, within 5 years
            previous to his or her applying for a transitional
            bilingual educator endorsement, a valid and
            comparable teaching certificate or comparable
            authorization issued by a foreign country or holds
            a degree from an institution of higher learning in
            a foreign country that the State Educator
            Preparation and Licensure Board determines to be
            the equivalent of a bachelor's degree from a
            regionally accredited institution of higher
            learning in the United States.
            A transitional bilingual educator endorsement
        shall be valid for prekindergarten through grade 12, is
        valid until June 30 immediately following 5 years of
        the endorsement being issued, and shall not be renewed.
            Persons holding a transitional bilingual educator
        endorsement shall not be employed to replace any
        presently employed teacher who otherwise would not be
        replaced for any reason.
            (H) Language endorsement. In an effort to
        alleviate the shortage of teachers speaking a language
        other than English in the public schools, an individual
        who holds an Educator License with Stipulations may
        also apply for a language endorsement, provided that
        the applicant provides satisfactory evidence that he
        or she meets all of the following requirements:
                (i) Holds a transitional bilingual
            endorsement.
                (ii) Has demonstrated proficiency in the
            language for which the endorsement is to be issued
            by passing the applicable language content test
            required by the State Board of Education.
                (iii) Holds a bachelor's degree or higher from
            a regionally accredited institution of higher
            education or, for individuals educated in a
            country other than the United States, holds a
            degree from an institution of higher learning in a
            foreign country that the State Educator
            Preparation and Licensure Board determines to be
            the equivalent of a bachelor's degree from a
            regionally accredited institution of higher
            learning in the United States.
                (iv) (Blank).
            A language endorsement on an Educator License with
        Stipulations is valid for prekindergarten through
        grade 12 for the same validity period as the
        individual's transitional bilingual educator
        endorsement on the Educator License with Stipulations
        and shall not be renewed.
            (I) Visiting international educator. A visiting
        international educator endorsement on an Educator
        License with Stipulations may be issued to an
        individual who is being recruited by a particular
        school district that conducts formal recruitment
        programs outside of the United States to secure the
        services of qualified teachers and who meets all of the
        following requirements:
                (i) Holds the equivalent of a minimum of a
            bachelor's degree issued in the United States.
                (ii) Has been prepared as a teacher at the
            grade level for which he or she will be employed.
                (iii) Has adequate content knowledge in the
            subject to be taught.
                (iv) Has an adequate command of the English
            language.
            A holder of a visiting international educator
        endorsement on an Educator License with Stipulations
        shall be permitted to teach in bilingual education
        programs in the language that was the medium of
        instruction in his or her teacher preparation program,
        provided that he or she passes the English Language
        Proficiency Examination or another test of writing
        skills in English identified by the State Board of
        Education, in consultation with the State Educator
        Preparation and Licensure Board.
            A visiting international educator endorsement on
        an Educator License with Stipulations is valid for 5 3
        years and shall not be renewed.
            (J) Paraprofessional educator. A paraprofessional
        educator endorsement on an Educator License with
        Stipulations may be issued to an applicant who holds a
        high school diploma or its recognized equivalent and
        either holds an associate's degree or a minimum of 60
        semester hours of credit from a regionally accredited
        institution of higher education or has passed a
        paraprofessional competency test under subsection
        (c-5) of Section 21B-30. The paraprofessional educator
        endorsement is valid until June 30 immediately
        following 5 years of the endorsement being issued and
        may be renewed through application and payment of the
        appropriate fee, as required under Section 21B-40 of
        this Code. An individual who holds only a
        paraprofessional educator endorsement is not subject
        to additional requirements in order to renew the
        endorsement.
            (K) Chief school business official. A chief school
        business official endorsement on an Educator License
        with Stipulations may be issued to an applicant who
        qualifies by having a master's degree or higher, 2
        years of full-time administrative experience in school
        business management or 2 years of university-approved
        practical experience, and a minimum of 24 semester
        hours of graduate credit in a program approved by the
        State Board of Education for the preparation of school
        business administrators and by passage of the
        applicable State tests, including an applicable
        content area test.
            The chief school business official endorsement may
        also be affixed to the Educator License with
        Stipulations of any holder who qualifies by having a
        master's degree in business administration, finance,
        accounting, or public administration and who completes
        an additional 6 semester hours of internship in school
        business management from a regionally accredited
        institution of higher education and passes the
        applicable State tests, including an applicable
        content area test. This endorsement shall be required
        for any individual employed as a chief school business
        official.
            The chief school business official endorsement on
        an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed if the
        license holder completes renewal requirements as
        required for individuals who hold a Professional
        Educator License endorsed for chief school business
        official under Section 21B-45 of this Code and such
        rules as may be adopted by the State Board of
        Education.
            The State Board of Education shall adopt any rules
        necessary to implement Public Act 100-288.
            (L) Provisional in-state educator. A provisional
        in-state educator endorsement on an Educator License
        with Stipulations may be issued to a candidate who has
        completed an Illinois-approved educator preparation
        program at an Illinois institution of higher education
        and who has not successfully completed an
        evidence-based assessment of teacher effectiveness but
        who meets all of the following requirements:
                (i) Holds at least a bachelor's degree.
                (ii) Has completed an approved educator
            preparation program at an Illinois institution.
                (iii) Has passed an applicable content area
            test, as required by Section 21B-30 of this Code.
                (iv) Has attempted an evidence-based
            assessment of teacher effectiveness and received a
            minimum score on that assessment, as established
            by the State Board of Education in consultation
            with the State Educator Preparation and Licensure
            Board.
            A provisional in-state educator endorsement on an
        Educator License with Stipulations is valid for one
        full fiscal year after the date of issuance and may not
        be renewed.
            (M) (Blank). School support personnel intern. A
        school support personnel intern endorsement on an
        Educator License with Stipulations may be issued as
        specified by rule.
            (N) Specialized services Special education area. A
        specialized services special education area
        endorsement on an Educator License with Stipulations
        may be issued as defined and specified by rule.
        (3) Substitute Teaching License. A Substitute Teaching
    License may be issued to qualified applicants for
    substitute teaching in all grades of the public schools,
    prekindergarten through grade 12. Substitute Teaching
    Licenses are not eligible for endorsements. Applicants for
    a Substitute Teaching License must hold a bachelor's degree
    or higher from a regionally accredited institution of
    higher education.
        Substitute Teaching Licenses are valid for 5 years.
        Substitute Teaching Licenses are valid for substitute
    teaching in every county of this State. If an individual
    has had his or her Professional Educator License or
    Educator License with Stipulations suspended or revoked,
    then that individual is not eligible to obtain a Substitute
    Teaching License.
        A substitute teacher may only teach in the place of a
    licensed teacher who is under contract with the employing
    board. If, however, there is no licensed teacher under
    contract because of an emergency situation, then a district
    may employ a substitute teacher for no longer than 30
    calendar days per each vacant position in the district if
    the district notifies the appropriate regional office of
    education within 5 business days after the employment of
    the substitute teacher in the emergency situation. An
    emergency situation is one in which an unforeseen vacancy
    has occurred and (i) a teacher is unable to fulfill his or
    her contractual duties or (ii) teacher capacity needs of
    the district exceed previous indications, and the district
    is actively engaged in advertising to hire a fully licensed
    teacher for the vacant position.
        There is no limit on the number of days that a
    substitute teacher may teach in a single school district,
    provided that no substitute teacher may teach for longer
    than 90 school days for any one licensed teacher under
    contract in the same school year. A substitute teacher who
    holds a Professional Educator License or Educator License
    with Stipulations shall not teach for more than 120 school
    days for any one licensed teacher under contract in the
    same school year. The limitations in this paragraph (3) on
    the number of days a substitute teacher may be employed do
    not apply to any school district operating under Article 34
    of this Code.
        A school district may not require an individual who
    holds a valid Professional Educator License or Educator
    License with Stipulations to seek or hold a Substitute
    Teaching License to teach as a substitute teacher.
        (4) Short-Term Substitute Teaching License. Beginning
    on July 1, 2018 and until June 30, 2023, the State Board of
    Education may issue a Short-Term Substitute Teaching
    License. A Short-Term Substitute Teaching License may be
    issued to a qualified applicant for substitute teaching in
    all grades of the public schools, prekindergarten through
    grade 12. Short-Term Substitute Teaching Licenses are not
    eligible for endorsements. Applicants for a Short-Term
    Substitute Teaching License must hold an associate's
    degree or have completed at least 60 credit hours from a
    regionally accredited institution of higher education.
        Short-Term Substitute Teaching Licenses are valid for
    substitute teaching in every county of this State. If an
    individual has had his or her Professional Educator License
    or Educator License with Stipulations suspended or
    revoked, then that individual is not eligible to obtain a
    Short-Term Substitute Teaching License.
        The provisions of Sections 10-21.9 and 34-18.5 of this
    Code apply to short-term substitute teachers.
        An individual holding a Short-Term Substitute Teaching
    License may teach no more than 5 consecutive days per
    licensed teacher who is under contract. For teacher
    absences lasting 6 or more days per licensed teacher who is
    under contract, a school district may not hire an
    individual holding a Short-Term Substitute Teaching
    License. An individual holding a Short-Term Substitute
    Teaching License must complete the training program under
    Section 10-20.67 or 34-18.60 of this Code to be eligible to
    teach at a public school. This paragraph (4) is inoperative
    on and after July 1, 2023.
(Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; 100-288,
eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. 9-3-18;
100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff.
8-7-19; 101-594, eff. 12-5-19.)
 
    (105 ILCS 5/21B-35)
    Sec. 21B-35. Minimum requirements for educators trained in
other states or countries.
    (a) Any applicant who has not been entitled by an
Illinois-approved educator preparation program at an Illinois
institution of higher education applying for a Professional
Educator License endorsed in a teaching field or school support
personnel area must meet the following requirements:
        (1) the applicant must:
            (A) hold a comparable and valid educator license or
        certificate, as defined by rule, with similar grade
        level and content area credentials from another state,
        with the State Board of Education having the authority
        to determine what constitutes similar grade level and
        content area credentials from another state; and
            (B) have a bachelor's degree from a regionally
        accredited institution of higher education; and or
            (C) have demonstrated proficiency in the English
        language by either passing the English language
        proficiency test required by the State Board of
        Education or providing evidence of completing a
        postsecondary degree at an institution in which the
        mode of instruction was English; or
        (2) the applicant must:
            (A) have completed a state-approved program for
        the licensure area sought, including coursework
        concerning methods of instruction of the exceptional
        child, methods of reading and reading in the content
        area, and instructional strategies for English
        learners;
            (B) have a bachelor's degree from a regionally
        accredited institution of higher education;
            (C) have successfully met all Illinois examination
        requirements, except that:
                (i) (blank);
                (ii) an applicant who has successfully
            completed a test of content, as defined by rules,
            at the time of initial licensure in another state
            is not required to complete a test of content; and
                (iii) an applicant for a teaching endorsement
            who has successfully completed an evidence-based
            assessment of teacher effectiveness, as defined by
            rules, at the time of initial licensure in another
            state is not required to complete an
            evidence-based assessment of teacher
            effectiveness; and
            (D) for an applicant for a teaching endorsement,
        have completed student teaching or an equivalent
        experience or, for an applicant for a school service
        personnel endorsement, have completed an internship or
        an equivalent experience.
    (b) In order to receive a Professional Educator License
endorsed in a teaching field or school support personnel area,
applicants trained in another country must meet all of the
following requirements:
        (1) Have completed a comparable education program in
    another country.
        (2) Have had transcripts evaluated by an evaluation
    service approved by the State Superintendent of Education.
        (3) Have a degree comparable to a degree from a
    regionally accredited institution of higher education.
        (4) Have completed coursework aligned to standards
    concerning methods of instruction of the exceptional
    child, methods of reading and reading in the content area,
    and instructional strategies for English learners.
        (5) (Blank).
        (6) (Blank).
        (7) Have successfully met all State licensure
    examination requirements. Applicants who have successfully
    completed a test of content, as defined by rules, at the
    time of initial licensure in another country shall not be
    required to complete a test of content. Applicants for a
    teaching endorsement who have successfully completed an
    evidence-based assessment of teacher effectiveness, as
    defined by rules, at the time of initial licensure in
    another country shall not be required to complete an
    evidence-based assessment of teacher effectiveness.
        (8) Have completed student teaching or an equivalent
    experience.
        (9) Have demonstrated proficiency in the English
    language by either passing the English language
    proficiency test required by the State Board of Education
    or providing evidence of completing a postsecondary degree
    at an institution in which the mode of instruction was
    English.
    (b-5) All applicants who have not been entitled by an
Illinois-approved educator preparation program at an Illinois
institution of higher education and applicants trained in
another country applying for a Professional Educator License
endorsed for principal or superintendent must hold a master's
degree from a regionally accredited institution of higher
education, pass the English language proficiency test required
by the State Board of Education, and must hold a comparable and
valid educator license or certificate with similar grade level
and subject matter credentials, with the State Board of
Education having the authority to determine what constitutes
similar grade level and subject matter credentials from another
state, or must meet all of the following requirements:
        (1) Have completed an educator preparation program
    approved by another state or comparable educator program in
    another country leading to the receipt of a license or
    certificate for the Illinois endorsement sought.
        (2) Have successfully met all State licensure
    examination requirements, as required by Section 21B-30 of
    this Code. Applicants who have successfully completed a
    test of content, as defined by rules, at the time of
    initial licensure in another state or country shall not be
    required to complete a test of content.
        (2.5) Have completed an internship, as defined by rule.
        (3) (Blank).
        (4) Have completed coursework aligned to standards
    concerning methods of instruction of the exceptional
    child, methods of reading and reading in the content area,
    and instructional strategies for English learners.
        (4.5) Have demonstrated proficiency in the English
    language by either passing the English language
    proficiency test required by the State Board of Education
    or providing evidence of completing a postsecondary degree
    at an institution in which the mode of instruction was
    English.
        (5) Have completed a master's degree.
        (6) Have successfully completed teaching, school
    support, or administrative experience as defined by rule.
    (b-7) All applicants who have not been entitled by an
Illinois-approved educator preparation program at an Illinois
institution of higher education applying for a Professional
Educator License endorsed for Director of Special Education
must hold a master's degree from a regionally accredited
institution of higher education and must hold a comparable and
valid educator license or certificate with similar grade level
and subject matter credentials, with the State Board of
Education having the authority to determine what constitutes
similar grade level and subject matter credentials from another
state, or must meet all of the following requirements:
        (1) Have completed a master's degree.
        (2) Have 2 years of full-time experience providing
    special education services.
        (3) Have successfully completed all examination
    requirements, as required by Section 21B-30 of this Code.
    Applicants who have successfully completed a test of
    content, as identified by rules, at the time of initial
    licensure in another state or country shall not be required
    to complete a test of content.
        (4) Have completed coursework aligned to standards
    concerning methods of instruction of the exceptional
    child, methods of reading and reading in the content area,
    and instructional strategies for English learners.
    (b-10) All applicants who have not been entitled by an
Illinois-approved educator preparation program at an Illinois
institution of higher education applying for a Professional
Educator License endorsed for chief school business official
must hold a master's degree from a regionally accredited
institution of higher education and must hold a comparable and
valid educator license or certificate with similar grade level
and subject matter credentials, with the State Board of
Education having the authority to determine what constitutes
similar grade level and subject matter credentials from another
state, or must meet all of the following requirements:
        (1) Have completed a master's degree in school business
    management, finance, or accounting.
        (2) Have successfully completed an internship in
    school business management or have 2 years of experience as
    a school business administrator.
        (3) Have successfully met all State examination
    requirements, as required by Section 21B-30 of this Code.
    Applicants who have successfully completed a test of
    content, as identified by rules, at the time of initial
    licensure in another state or country shall not be required
    to complete a test of content.
        (4) Have completed modules aligned to standards
    concerning methods of instruction of the exceptional
    child, methods of reading and reading in the content area,
    and instructional strategies for English learners.
    (c) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to implement this Section.
(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18;
100-596, eff. 7-1-18; 101-220, eff. 8-7-19.)
 
    (105 ILCS 5/21B-45)
    Sec. 21B-45. Professional Educator License renewal.
    (a) Individuals holding a Professional Educator License
are required to complete the licensure renewal requirements as
specified in this Section, unless otherwise provided in this
Code.
    Individuals holding a Professional Educator License shall
meet the renewal requirements set forth in this Section, unless
otherwise provided in this Code. If an individual holds a
license endorsed in more than one area that has different
renewal requirements, that individual shall follow the renewal
requirements for the position for which he or she spends the
majority of his or her time working.
    (b) All Professional Educator Licenses not renewed as
provided in this Section shall lapse on September 1 of that
year. Notwithstanding any other provisions of this Section, if
a license holder's electronic mail address is available, the
State Board of Education shall send him or her notification
electronically that his or her license will lapse if not
renewed, to be sent no more than 6 months prior to the license
lapsing. Lapsed licenses may be immediately reinstated upon (i)
payment by the applicant of a $500 penalty to the State Board
of Education or (ii) the demonstration of proficiency by
completing 9 semester hours of coursework from a regionally
accredited institution of higher education in the content area
that most aligns with one or more of the educator's endorsement
areas. Any and all back fees, including without limitation
registration fees owed from the time of expiration of the
license until the date of reinstatement, shall be paid and kept
in accordance with the provisions in Article 3 of this Code
concerning an institute fund and the provisions in Article 21B
of this Code concerning fees and requirements for registration.
Licenses not registered in accordance with Section 21B-40 of
this Code shall lapse after a period of 6 months from the
expiration of the last year of registration or on January 1 of
the fiscal year following initial issuance of the license. An
unregistered license is invalid after September 1 for
employment and performance of services in an Illinois public or
State-operated school or cooperative and in a charter school.
Any license or endorsement may be voluntarily surrendered by
the license holder. A voluntarily surrendered license shall be
treated as a revoked license. An Educator License with
Stipulations with only a paraprofessional endorsement does not
lapse.
    (c) From July 1, 2013 through June 30, 2014, in order to
satisfy the requirements for licensure renewal provided for in
this Section, each professional educator licensee with an
administrative endorsement who is working in a position
requiring such endorsement shall complete one Illinois
Administrators' Academy course, as described in Article 2 of
this Code, per fiscal year.
    (c-5) All licenses issued by the State Board of Education
under this Article that expire on June 30, 2020 and have not
been renewed by the end of the 2020 renewal period shall be
extended for one year and shall expire on June 30, 2021.
    (d) Beginning July 1, 2014, in order to satisfy the
requirements for licensure renewal provided for in this
Section, each professional educator licensee may create a
professional development plan each year. The plan shall address
one or more of the endorsements that are required of his or her
educator position if the licensee is employed and performing
services in an Illinois public or State-operated school or
cooperative. If the licensee is employed in a charter school,
the plan shall address that endorsement or those endorsements
most closely related to his or her educator position. Licensees
employed and performing services in any other Illinois schools
may participate in the renewal requirements by adhering to the
same process.
    Except as otherwise provided in this Section, the
licensee's professional development activities shall align
with one or more of the following criteria:
        (1) activities are of a type that engage participants
    over a sustained period of time allowing for analysis,
    discovery, and application as they relate to student
    learning, social or emotional achievement, or well-being;
        (2) professional development aligns to the licensee's
    performance;
        (3) outcomes for the activities must relate to student
    growth or district improvement;
        (4) activities align to State-approved standards; and
        (5) higher education coursework.
    (e) For each renewal cycle, each professional educator
licensee shall engage in professional development activities.
Prior to renewal, the licensee shall enter electronically into
the Educator Licensure Information System (ELIS) the name,
date, and location of the activity, the number of professional
development hours, and the provider's name. The following
provisions shall apply concerning professional development
activities:
        (1) Each licensee shall complete a total of 120 hours
    of professional development per 5-year renewal cycle in
    order to renew the license, except as otherwise provided in
    this Section.
        (2) Beginning with his or her first full 5-year cycle,
    any licensee with an administrative endorsement who is not
    working in a position requiring such endorsement is not
    required to complete Illinois Administrators' Academy
    courses, as described in Article 2 of this Code. Such
    licensees must complete one Illinois Administrators'
    Academy course within one year after returning to a
    position that requires the administrative endorsement.
        (3) Any licensee with an administrative endorsement
    who is working in a position requiring such endorsement or
    an individual with a Teacher Leader endorsement serving in
    an administrative capacity at least 50% of the day shall
    complete one Illinois Administrators' Academy course, as
    described in Article 2 of this Code, each fiscal year in
    addition to 100 hours of professional development per
    5-year renewal cycle in accordance with this Code.
        (4) Any licensee holding a current National Board for
    Professional Teaching Standards (NBPTS) master teacher
    designation shall complete a total of 60 hours of
    professional development per 5-year renewal cycle in order
    to renew the license.
        (5) Licensees working in a position that does not
    require educator licensure or working in a position for
    less than 50% for any particular year are considered to be
    exempt and shall be required to pay only the registration
    fee in order to renew and maintain the validity of the
    license.
        (6) Licensees who are retired and qualify for benefits
    from a State of Illinois retirement system shall notify the
    State Board of Education using ELIS, and the license shall
    be maintained in retired status. For any renewal cycle in
    which a licensee retires during the renewal cycle, the
    licensee must complete professional development activities
    on a prorated basis depending on the number of years during
    the renewal cycle the educator held an active license. If a
    licensee retires during a renewal cycle, the licensee must
    notify the State Board of Education using ELIS that the
    licensee wishes to maintain the license in retired status
    and must show proof of completion of professional
    development activities on a prorated basis for all years of
    that renewal cycle for which the license was active. An
    individual with a license in retired status shall not be
    required to complete professional development activities
    or pay registration fees until returning to a position that
    requires educator licensure. Upon returning to work in a
    position that requires the Professional Educator License,
    the licensee shall immediately pay a registration fee and
    complete renewal requirements for that year. A license in
    retired status cannot lapse. Beginning on January 6, 2017
    (the effective date of Public Act 99-920) through December
    31, 2017, any licensee who has retired and whose license
    has lapsed for failure to renew as provided in this Section
    may reinstate that license and maintain it in retired
    status upon providing proof to the State Board of Education
    using ELIS that the licensee is retired and is not working
    in a position that requires a Professional Educator
    License.
        (7) For any renewal cycle in which professional
    development hours were required, but not fulfilled, the
    licensee shall complete any missed hours to total the
    minimum professional development hours required in this
    Section prior to September 1 of that year. Professional
    development hours used to fulfill the minimum required
    hours for a renewal cycle may be used for only one renewal
    cycle. For any fiscal year or renewal cycle in which an
    Illinois Administrators' Academy course was required but
    not completed, the licensee shall complete any missed
    Illinois Administrators' Academy courses prior to
    September 1 of that year. The licensee may complete all
    deficient hours and Illinois Administrators' Academy
    courses while continuing to work in a position that
    requires that license until September 1 of that year.
        (8) Any licensee who has not fulfilled the professional
    development renewal requirements set forth in this Section
    at the end of any 5-year renewal cycle is ineligible to
    register his or her license and may submit an appeal to the
    State Superintendent of Education for reinstatement of the
    license.
        (9) If professional development opportunities were
    unavailable to a licensee, proof that opportunities were
    unavailable and request for an extension of time beyond
    August 31 to complete the renewal requirements may be
    submitted from April 1 through June 30 of that year to the
    State Educator Preparation and Licensure Board. If an
    extension is approved, the license shall remain valid
    during the extension period.
        (10) Individuals who hold exempt licenses prior to
    December 27, 2013 (the effective date of Public Act 98-610)
    shall commence the annual renewal process with the first
    scheduled registration due after December 27, 2013 (the
    effective date of Public Act 98-610).
        (11) Notwithstanding any other provision of this
    subsection (e), if a licensee earns more than the required
    number of professional development hours during a renewal
    cycle, then the licensee may carry over any hours earned
    from April 1 through June 30 of the last year of the
    renewal cycle. Any hours carried over in this manner must
    be applied to the next renewal cycle. Illinois
    Administrators' Academy courses or hours earned in those
    courses may not be carried over.
    (f) At the time of renewal, each licensee shall respond to
the required questions under penalty of perjury.
    (f-5) The State Board of Education shall conduct random
audits of licensees to verify a licensee's fulfillment of the
professional development hours required under this Section.
Upon completion of a random audit, if it is determined by the
State Board of Education that the licensee did not complete the
required number of professional development hours or did not
provide sufficient proof of completion, the licensee shall be
notified that his or her license has lapsed. A license that has
lapsed under this subsection may be reinstated as provided in
subsection (b).
    (g) The following entities shall be designated as approved
to provide professional development activities for the renewal
of Professional Educator Licenses:
        (1) The State Board of Education.
        (2) Regional offices of education and intermediate
    service centers.
        (3) Illinois professional associations representing
    the following groups that are approved by the State
    Superintendent of Education:
            (A) school administrators;
            (B) principals;
            (C) school business officials;
            (D) teachers, including special education
        teachers;
            (E) school boards;
            (F) school districts;
            (G) parents; and
            (H) school service personnel.
        (4) Regionally accredited institutions of higher
    education that offer Illinois-approved educator
    preparation programs and public community colleges subject
    to the Public Community College Act.
        (5) Illinois public school districts, charter schools
    authorized under Article 27A of this Code, and joint
    educational programs authorized under Article 10 of this
    Code for the purposes of providing career and technical
    education or special education services.
        (6) A not-for-profit organization that, as of December
    31, 2014 (the effective date of Public Act 98-1147), has
    had or has a grant from or a contract with the State Board
    of Education to provide professional development services
    in the area of English Learning to Illinois school
    districts, teachers, or administrators.
        (7) State agencies, State boards, and State
    commissions.
        (8) Museums as defined in Section 10 of the Museum
    Disposition of Property Act.
    (h) Approved providers under subsection (g) of this Section
shall make available professional development opportunities
that satisfy at least one of the following:
        (1) increase the knowledge and skills of school and
    district leaders who guide continuous professional
    development;
        (2) improve the learning of students;
        (3) organize adults into learning communities whose
    goals are aligned with those of the school and district;
        (4) deepen educator's content knowledge;
        (5) provide educators with research-based
    instructional strategies to assist students in meeting
    rigorous academic standards;
        (6) prepare educators to appropriately use various
    types of classroom assessments;
        (7) use learning strategies appropriate to the
    intended goals;
        (8) provide educators with the knowledge and skills to
    collaborate;
        (9) prepare educators to apply research to decision
    making decision-making; or
        (10) provide educators with training on inclusive
    practices in the classroom that examines instructional and
    behavioral strategies that improve academic and
    social-emotional outcomes for all students, with or
    without disabilities, in a general education setting.
    (i) Approved providers under subsection (g) of this Section
shall do the following:
        (1) align professional development activities to the
    State-approved national standards for professional
    learning;
        (2) meet the professional development criteria for
    Illinois licensure renewal;
        (3) produce a rationale for the activity that explains
    how it aligns to State standards and identify the
    assessment for determining the expected impact on student
    learning or school improvement;
        (4) maintain original documentation for completion of
    activities;
        (5) provide license holders with evidence of
    completion of activities;
        (6) request an Illinois Educator Identification Number
    (IEIN) for each educator during each professional
    development activity; and
        (7) beginning on July 1, 2019, register annually with
    the State Board of Education prior to offering any
    professional development opportunities in the current
    fiscal year.
    (j) The State Board of Education shall conduct annual
audits of a subset of approved providers, except for school
districts, which shall be audited by regional offices of
education and intermediate service centers. The State Board of
Education shall ensure that each approved provider, except for
a school district, is audited at least once every 5 years. The
State Board of Education may conduct more frequent audits of
providers if evidence suggests the requirements of this Section
or administrative rules are not being met.
        (1) (Blank).
        (2) Approved providers shall comply with the
    requirements in subsections (h) and (i) of this Section by
    annually submitting data to the State Board of Education
    demonstrating how the professional development activities
    impacted one or more of the following:
            (A) educator and student growth in regards to
        content knowledge or skills, or both;
            (B) educator and student social and emotional
        growth; or
            (C) alignment to district or school improvement
        plans.
        (3) The State Superintendent of Education shall review
    the annual data collected by the State Board of Education,
    regional offices of education, and intermediate service
    centers in audits to determine if the approved provider has
    met the criteria and should continue to be an approved
    provider or if further action should be taken as provided
    in rules.
    (k) Registration fees shall be paid for the next renewal
cycle between April 1 and June 30 in the last year of each
5-year renewal cycle using ELIS. If all required professional
development hours for the renewal cycle have been completed and
entered by the licensee, the licensee shall pay the
registration fees for the next cycle using a form of credit or
debit card.
    (l) Any professional educator licensee endorsed for school
support personnel who is employed and performing services in
Illinois public schools and who holds an active and current
professional license issued by the Department of Financial and
Professional Regulation or a national certification board, as
approved by the State Board of Education, related to the
endorsement areas on the Professional Educator License shall be
deemed to have satisfied the continuing professional
development requirements provided for in this Section. Such
individuals shall be required to pay only registration fees to
renew the Professional Educator License. An individual who does
not hold a license issued by the Department of Financial and
Professional Regulation shall complete professional
development requirements for the renewal of a Professional
Educator License provided for in this Section.
    (m) Appeals to the State Educator Preparation and Licensure
Board must be made within 30 days after receipt of notice from
the State Superintendent of Education that a license will not
be renewed based upon failure to complete the requirements of
this Section. A licensee may appeal that decision to the State
Educator Preparation and Licensure Board in a manner prescribed
by rule.
        (1) Each appeal shall state the reasons why the State
    Superintendent's decision should be reversed and shall be
    sent by certified mail, return receipt requested, to the
    State Board of Education.
        (2) The State Educator Preparation and Licensure Board
    shall review each appeal regarding renewal of a license
    within 90 days after receiving the appeal in order to
    determine whether the licensee has met the requirements of
    this Section. The State Educator Preparation and Licensure
    Board may hold an appeal hearing or may make its
    determination based upon the record of review, which shall
    consist of the following:
            (A) the regional superintendent of education's
        rationale for recommending nonrenewal of the license,
        if applicable;
            (B) any evidence submitted to the State
        Superintendent along with the individual's electronic
        statement of assurance for renewal; and
            (C) the State Superintendent's rationale for
        nonrenewal of the license.
        (3) The State Educator Preparation and Licensure Board
    shall notify the licensee of its decision regarding license
    renewal by certified mail, return receipt requested, no
    later than 30 days after reaching a decision. Upon receipt
    of notification of renewal, the licensee, using ELIS, shall
    pay the applicable registration fee for the next cycle
    using a form of credit or debit card.
    (n) The State Board of Education may adopt rules as may be
necessary to implement this Section.
(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
1-1-20; 101-531, eff. 8-23-19; revised 9-19-19.)
 
    (105 ILCS 5/21B-50)
    Sec. 21B-50. Alternative Educator Licensure Program.
    (a) There is established an alternative educator licensure
program, to be known as the Alternative Educator Licensure
Program for Teachers.
    (b) The Alternative Educator Licensure Program for
Teachers may be offered by a recognized institution approved to
offer educator preparation programs by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board.
    The program shall be comprised of 4 phases:
        (1) A course of study that at a minimum includes
    instructional planning; instructional strategies,
    including special education, reading, and English language
    learning; classroom management; and the assessment of
    students and use of data to drive instruction.
        (2) A year of residency, which is a candidate's
    assignment to a full-time teaching position or as a
    co-teacher for one full school year. An individual must
    hold an Educator License with Stipulations with an
    alternative provisional educator endorsement in order to
    enter the residency and must complete additional program
    requirements that address required State and national
    standards, pass the State Board's teacher performance
    assessment no later than the end of the first semester of
    the second year of residency before entering the second
    residency year, as required under phase (3) of this
    subsection (b), and be recommended by the principal or
    qualified equivalent of a principal, as required under
    subsection (d) of this Section, and the program coordinator
    to continue with the second year of the residency.
        (3) A second year of residency, which shall include the
    candidate's assignment to a full-time teaching position
    for one school year. The candidate must be assigned an
    experienced teacher to act as a mentor and coach the
    candidate through the second year of residency.
        (4) A comprehensive assessment of the candidate's
    teaching effectiveness, as evaluated by the principal or
    qualified equivalent of a principal, as required under
    subsection (d) of this Section, and the program
    coordinator, at the end of the second year of residency. If
    there is disagreement between the 2 evaluators about the
    candidate's teaching effectiveness, the candidate may
    complete one additional year of residency teaching under a
    professional development plan developed by the principal
    or qualified equivalent and the preparation program. At the
    completion of the third year, a candidate must have
    positive evaluations and a recommendation for full
    licensure from both the principal or qualified equivalent
    and the program coordinator or no Professional Educator
    License shall be issued.
    Successful completion of the program shall be deemed to
satisfy any other practice or student teaching and content
matter requirements established by law.
    (c) An alternative provisional educator endorsement on an
Educator License with Stipulations is valid for 2 years of
teaching in the public schools, including without limitation a
preschool educational program under Section 2-3.71 of this Code
or charter school, or in a State-recognized nonpublic school in
which the chief administrator is required to have the licensure
necessary to be a principal in a public school in this State
and in which a majority of the teachers are required to have
the licensure necessary to be instructors in a public school in
this State, but may be renewed for a third year if needed to
complete the Alternative Educator Licensure Program for
Teachers. The endorsement shall be issued only once to an
individual who meets all of the following requirements:
        (1) Has graduated from a regionally accredited college
    or university with a bachelor's degree or higher.
        (2) Has a cumulative grade point average of 3.0 or
    greater on a 4.0 scale or its equivalent on another scale.
        (3) Has completed a major in the content area if
    seeking a middle or secondary level endorsement or, if
    seeking an early childhood, elementary, or special
    education endorsement, has completed a major in the content
    area of reading, English/language arts, mathematics, or
    one of the sciences. If the individual does not have a
    major in a content area for any level of teaching, he or
    she must submit transcripts to the State Board of Education
    to be reviewed for equivalency.
        (4) Has successfully completed phase (1) of subsection
    (b) of this Section.
        (5) Has passed a content area test required for the
    specific endorsement for admission into the program, as
    required under Section 21B-30 of this Code.
    A candidate possessing the alternative provisional
educator endorsement may receive a salary, benefits, and any
other terms of employment offered to teachers in the school who
are members of an exclusive bargaining representative, if any,
but a school is not required to provide these benefits during
the years of residency if the candidate is serving only as a
co-teacher. If the candidate is serving as the teacher of
record, the candidate must receive a salary, benefits, and any
other terms of employment. Residency experiences must not be
counted towards tenure.
    (d) The recognized institution offering the Alternative
Educator Licensure Program for Teachers must partner with a
school district, including without limitation a preschool
educational program under Section 2-3.71 of this Code or
charter school, or a State-recognized, nonpublic school in this
State in which the chief administrator is required to have the
licensure necessary to be a principal in a public school in
this State and in which a majority of the teachers are required
to have the licensure necessary to be instructors in a public
school in this State. A recognized institution that partners
with a public school district administering a preschool
educational program under Section 2-3.71 of this Code must
require a principal to recommend or evaluate candidates in the
program. A recognized institution that partners with an
eligible entity administering a preschool educational program
under Section 2-3.71 of this Code and that is not a public
school district must require a principal or qualified
equivalent of a principal to recommend or evaluate candidates
in the program. The program presented for approval by the State
Board of Education must demonstrate the supports that are to be
provided to assist the provisional teacher during the 2-year
residency period. These supports must provide additional
contact hours with mentors during the first year of residency.
    (e) Upon completion of the 4 phases outlined in subsection
(b) of this Section and all assessments required under Section
21B-30 of this Code, an individual shall receive a Professional
Educator License.
    (f) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to establish and implement the
Alternative Educator Licensure Program for Teachers.
(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
101-220, eff. 8-7-19; 101-570, eff. 8-23-19; revised 9-19-19.)
 
    (105 ILCS 5/21B-110 new)
    Sec. 21B-110. Public health emergency declaration.
    (a) This Section applies only during any time in which the
Governor has declared a public health emergency under Section 7
of the Illinois Emergency Management Agency Act.
    (b) Notwithstanding any other requirements under this
Article, the requirements under subsection (f) of Section
21B-30 are waived for an applicant seeking an educator license.
    (c) Notwithstanding any other requirements under this
Article, during the implementation of remote learning days
under Section 10-30, a candidate seeking an educator license
may:
        (1) complete his or her required student teaching or
    equivalent experience remotely; or
        (2) complete his or her required school business
    management internship remotely.
 
    (105 ILCS 5/21B-115 new)
    Sec. 21B-115. Spring 2020 student teaching or internship.
Notwithstanding any other requirements under this Article, for
the spring 2020 semester only, a candidate's requirement to
complete student teaching or its equivalent or a school
business management internship is waived.
 
    (105 ILCS 5/22-89 new)
    Sec. 22-89. Graduates during the 2019-2020 school year.
Notwithstanding any other provision of this Code, any diploma
conferred during the 2019-2020 school year, including during
the summer of 2020, under graduation requirements that were
modified by an executive order, emergency rulemaking, or school
board policy prompted by a gubernatorial disaster proclamation
as a result of COVID-19 is deemed valid and is not subject to
challenge or review due to a failure to meet minimum
requirements otherwise required by this Code, administrative
rule, or school board policy.
 
    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
    Sec. 24-11. Boards of Education - Boards of School
Inspectors - Contractual continued service.
    (a) As used in this and the succeeding Sections of this
Article:
    "Teacher" means any or all school district employees
regularly required to be certified under laws relating to the
certification of teachers.
    "Board" means board of directors, board of education, or
board of school inspectors, as the case may be.
    "School term" means that portion of the school year, July 1
to the following June 30, when school is in actual session.
    "Program" means a program of a special education joint
agreement.
    "Program of a special education joint agreement" means
instructional, consultative, supervisory, administrative,
diagnostic, and related services that are managed by a special
educational joint agreement designed to service 2 or more
school districts that are members of the joint agreement.
    "PERA implementation date" means the implementation date
of an evaluation system for teachers as specified by Section
24A-2.5 of this Code for all schools within a school district
or all programs of a special education joint agreement.
    (b) This Section and Sections 24-12 through 24-16 of this
Article apply only to school districts having less than 500,000
inhabitants.
    (c) Any teacher who is first employed as a full-time
teacher in a school district or program prior to the PERA
implementation date and who is employed in that district or
program for a probationary period of 4 consecutive school terms
shall enter upon contractual continued service in the district
or in all of the programs that the teacher is legally qualified
to hold, unless the teacher is given written notice of
dismissal by certified mail, return receipt requested, by the
employing board at least 45 days before the end of any school
term within such period.
    (d) For any teacher who is first employed as a full-time
teacher in a school district or program on or after the PERA
implementation date, the probationary period shall be one of
the following periods, based upon the teacher's school terms of
service and performance, before the teacher shall enter upon
contractual continued service in the district or in all of the
programs that the teacher is legally qualified to hold, unless
the teacher is given written notice of dismissal by certified
mail, return receipt requested, by the employing board at least
45 days before the end of any school term within such period:
        (1) 4 consecutive school terms of service in which the
    teacher receives overall annual evaluation ratings of at
    least "Proficient" in the last school term and at least
    "Proficient" in either the second or third school term;
        (2) 3 consecutive school terms of service in which the
    teacher receives 3 overall annual evaluations of
    "Excellent"; or
        (3) 2 consecutive school terms of service in which the
    teacher receives 2 overall annual evaluations of
    "Excellent" service, but only if the teacher (i) previously
    attained contractual continued service in a different
    school district or program in this State, (ii) voluntarily
    departed or was honorably dismissed from that school
    district or program in the school term immediately prior to
    the teacher's first school term of service applicable to
    the attainment of contractual continued service under this
    subdivision (3), and (iii) received, in his or her 2 most
    recent overall annual or biennial evaluations from the
    prior school district or program, ratings of at least
    "Proficient", with both such ratings occurring after the
    school district's or program's PERA implementation date.
    For a teacher to attain contractual continued service under
    this subdivision (3), the teacher shall provide official
    copies of his or her 2 most recent overall annual or
    biennial evaluations from the prior school district or
    program to the new school district or program within 60
    days from the teacher's first day of service with the new
    school district or program. The prior school district or
    program must provide the teacher with official copies of
    his or her 2 most recent overall annual or biennial
    evaluations within 14 days after the teacher's request. If
    a teacher has requested such official copies prior to 45
    days after the teacher's first day of service with the new
    school district or program and the teacher's prior school
    district or program fails to provide the teacher with the
    official copies required under this subdivision (3), then
    the time period for the teacher to submit the official
    copies to his or her new school district or program must be
    extended until 14 days after receipt of such copies from
    the prior school district or program. If the prior school
    district or program fails to provide the teacher with the
    official copies required under this subdivision (3) within
    90 days from the teacher's first day of service with the
    new school district or program, then the new school
    district or program shall rely upon the teacher's own
    copies of his or her evaluations for purposes of this
    subdivision (3).
    If the teacher does not receive overall annual evaluations
of "Excellent" in the school terms necessary for eligibility to
achieve accelerated contractual continued service in
subdivisions (2) and (3) of this subsection (d), the teacher
shall be eligible for contractual continued service pursuant to
subdivision (1) of this subsection (d). If, at the conclusion
of 4 consecutive school terms of service that count toward
attainment of contractual continued service, the teacher's
performance does not qualify the teacher for contractual
continued service under subdivision (1) of this subsection (d),
then the teacher shall not enter upon contractual continued
service and shall be dismissed. If a performance evaluation is
not conducted for any school term when such evaluation is
required to be conducted under Section 24A-5 of this Code, then
the teacher's performance evaluation rating for such school
term for purposes of determining the attainment of contractual
continued service shall be deemed "Proficient", except that,
during any time in which the Governor has declared a disaster
due to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act, this default to
"Proficient" does not apply to any teacher who has entered into
contractual continued service and who was deemed "Excellent" on
his or her most recent evaluation. During any time in which the
Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act and unless the school board and any
exclusive bargaining representative have completed the
performance rating for teachers or mutually agreed to an
alternate performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed "Excellent", and whose performance evaluation is not
conducted when the evaluation is required to be conducted shall
receive a teacher's performance rating deemed "Excellent". A
school board and any exclusive bargaining representative may
mutually agree to an alternate performance rating for teachers
not in contractual continued service during any time in which
the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, as long as the agreement is in writing.
    (e) For the purposes of determining contractual continued
service, a school term shall be counted only toward attainment
of contractual continued service if the teacher actually
teaches or is otherwise present and participating in the
district's or program's educational program for 120 days or
more, provided that the days of leave under the federal Family
Medical Leave Act that the teacher is required to take until
the end of the school term shall be considered days of teaching
or participation in the district's or program's educational
program. A school term that is not counted toward attainment of
contractual continued service shall not be considered a break
in service for purposes of determining whether a teacher has
been employed for 4 consecutive school terms, provided that the
teacher actually teaches or is otherwise present and
participating in the district's or program's educational
program in the following school term.
    (f) If the employing board determines to dismiss the
teacher in the last year of the probationary period as provided
in subsection (c) of this Section or subdivision (1) or (2) of
subsection (d) of this Section, but not subdivision (3) of
subsection (d) of this Section, the written notice of dismissal
provided by the employing board must contain specific reasons
for dismissal. Any full-time teacher who does not receive
written notice from the employing board at least 45 days before
the end of any school term as provided in this Section and
whose performance does not require dismissal after the fourth
probationary year pursuant to subsection (d) of this Section
shall be re-employed for the following school term.
    (g) Contractual continued service shall continue in effect
the terms and provisions of the contract with the teacher
during the last school term of the probationary period, subject
to this Act and the lawful regulations of the employing board.
This Section and succeeding Sections do not modify any existing
power of the board except with respect to the procedure of the
discharge of a teacher and reductions in salary as hereinafter
provided. Contractual continued service status shall not
restrict the power of the board to transfer a teacher to a
position which the teacher is qualified to fill or to make such
salary adjustments as it deems desirable, but unless reductions
in salary are uniform or based upon some reasonable
classification, any teacher whose salary is reduced shall be
entitled to a notice and a hearing as hereinafter provided in
the case of certain dismissals or removals.
    (h) If, by reason of any change in the boundaries of school
districts or by reason of the creation of a new school
district, the position held by any teacher having a contractual
continued service status is transferred from one board to the
control of a new or different board, then the contractual
continued service status of the teacher is not thereby lost,
and such new or different board is subject to this Code with
respect to the teacher in the same manner as if the teacher
were its employee and had been its employee during the time the
teacher was actually employed by the board from whose control
the position was transferred.
    (i) The employment of any teacher in a program of a special
education joint agreement established under Section 3-15.14,
10-22.31 or 10-22.31a shall be governed by this and succeeding
Sections of this Article. For purposes of attaining and
maintaining contractual continued service and computing length
of continuing service as referred to in this Section and
Section 24-12, employment in a special educational joint
program shall be deemed a continuation of all previous
certificated employment of such teacher for such joint
agreement whether the employer of the teacher was the joint
agreement, the regional superintendent, or one of the
participating districts in the joint agreement.
    (j) For any teacher employed after July 1, 1987 as a
full-time teacher in a program of a special education joint
agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of a reduction in the number of
programs or positions in the joint agreement in which the
notice of dismissal is provided on or before the end of the
2010-2011 school term, the teacher in contractual continued
service is eligible for employment in the joint agreement
programs for which the teacher is legally qualified in order of
greater length of continuing service in the joint agreement,
unless an alternative method of determining the sequence of
dismissal is established in a collective bargaining agreement.
For any teacher employed after July 1, 1987 as a full-time
teacher in a program of a special education joint agreement,
whether the program is operated by the joint agreement or a
member district on behalf of the joint agreement, in the event
of a reduction in the number of programs or positions in the
joint agreement in which the notice of dismissal is provided
during the 2011-2012 school term or a subsequent school term,
the teacher shall be included on the honorable dismissal lists
of all joint agreement programs for positions for which the
teacher is qualified and is eligible for employment in such
programs in accordance with subsections (b) and (c) of Section
24-12 of this Code and the applicable honorable dismissal
policies of the joint agreement.
    (k) For any teacher employed after July 1, 1987 as a
full-time teacher in a program of a special education joint
agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of the dissolution of a joint
agreement, in which the notice to teachers of the dissolution
is provided during the 2010-2011 school term, the teacher in
contractual continued service who is legally qualified shall be
assigned to any comparable position in a member district
currently held by a teacher who has not entered upon
contractual continued service or held by a teacher who has
entered upon contractual continued service with a shorter
length of contractual continued service. Any teacher employed
after July 1, 1987 as a full-time teacher in a program of a
special education joint agreement, whether the program is
operated by the joint agreement or a member district on behalf
of the joint agreement, in the event of the dissolution of a
joint agreement in which the notice to teachers of the
dissolution is provided during the 2011-2012 school term or a
subsequent school term, the teacher who is qualified shall be
included on the order of honorable dismissal lists of each
member district and shall be assigned to any comparable
position in any such district in accordance with subsections
(b) and (c) of Section 24-12 of this Code and the applicable
honorable dismissal policies of each member district.
    (l) The governing board of the joint agreement, or the
administrative district, if so authorized by the articles of
agreement of the joint agreement, rather than the board of
education of a school district, may carry out employment and
termination actions including dismissals under this Section
and Section 24-12.
    (m) The employment of any teacher in a special education
program authorized by Section 14-1.01 through 14-14.01, or a
joint educational program established under Section 10-22.31a,
shall be under this and the succeeding Sections of this
Article, and such employment shall be deemed a continuation of
the previous employment of such teacher in any of the
participating districts, regardless of the participation of
other districts in the program.
    (n) Any teacher employed as a full-time teacher in a
special education program prior to September 23, 1987 in which
2 or more school districts participate for a probationary
period of 2 consecutive years shall enter upon contractual
continued service in each of the participating districts,
subject to this and the succeeding Sections of this Article,
and, notwithstanding Section 24-1.5 of this Code, in the event
of the termination of the program shall be eligible for any
vacant position in any of such districts for which such teacher
is qualified.
(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 
    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
    Sec. 24-12. Removal or dismissal of teachers in contractual
continued service.
    (a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided on or before the end of the 2010-2011 school term. If
a teacher in contractual continued service is removed or
dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue
some particular type of teaching service, written notice shall
be mailed to the teacher and also given the teacher either by
certified mail, return receipt requested or personal delivery
with receipt at least 60 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued service
and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
    As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall be
dismissed first unless an alternative method of determining the
sequence of dismissal is established in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization and except that this provision
shall not impair the operation of any affirmative action
program in the district, regardless of whether it exists by
operation of law or is conducted on a voluntary basis by the
board. Any teacher dismissed as a result of such decrease or
discontinuance shall be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
    If the board has any vacancies for the following school
term or within one calendar year from the beginning of the
following school term, the positions thereby becoming
available shall be tendered to the teachers so removed or
dismissed so far as they are legally qualified to hold such
positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full-time equivalent positions filled by
certified employees (excluding principals and administrative
personnel) during the preceding school year, then if the board
has any vacancies for the following school term or within 2
calendar years from the beginning of the following school term,
the positions so becoming available shall be tendered to the
teachers who were so notified and removed or dismissed whenever
they are legally qualified to hold such positions. Each board
shall, in consultation with any exclusive employee
representatives, each year establish a list, categorized by
positions, showing the length of continuing service of each
teacher who is qualified to hold any such positions, unless an
alternative method of determining a sequence of dismissal is
established as provided for in this Section, in which case a
list shall be made in accordance with the alternative method.
Copies of the list shall be distributed to the exclusive
employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon
economic necessity exceeds 5, or 150% of the average number of
teachers honorably dismissed in the preceding 3 years,
whichever is more, then the board also shall hold a public
hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
    (b) This subsection (b) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided during the 2011-2012 school term or a subsequent
school term. If any teacher, whether or not in contractual
continued service, is removed or dismissed as a result of a
decision of a school board to decrease the number of teachers
employed by the board, a decision of a school board to
discontinue some particular type of teaching service, or a
reduction in the number of programs or positions in a special
education joint agreement, then written notice must be mailed
to the teacher and also given to the teacher either by
electronic mail, certified mail, return receipt requested, or
personal delivery with receipt at least 45 days before the end
of the school term, together with a statement of honorable
dismissal and the reason therefor, and in all such cases the
sequence of dismissal shall occur in accordance with this
subsection (b); except that this subsection (b) shall not
impair the operation of any affirmative action program in the
school district, regardless of whether it exists by operation
of law or is conducted on a voluntary basis by the board.
    Each teacher must be categorized into one or more positions
for which the teacher is qualified to hold, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the school year during which the sequence of
dismissal is determined. Within each position and subject to
agreements made by the joint committee on honorable dismissals
that are authorized by subsection (c) of this Section, the
school district or joint agreement must establish 4 groupings
of teachers qualified to hold the position as follows:
        (1) Grouping one shall consist of each teacher who is
    not in contractual continued service and who (i) has not
    received a performance evaluation rating, (ii) is employed
    for one school term or less to replace a teacher on leave,
    or (iii) is employed on a part-time basis. "Part-time
    basis" for the purposes of this subsection (b) means a
    teacher who is employed to teach less than a full-day,
    teacher workload or less than 5 days of the normal student
    attendance week, unless otherwise provided for in a
    collective bargaining agreement between the district and
    the exclusive representative of the district's teachers.
    For the purposes of this Section, a teacher (A) who is
    employed as a full-time teacher but who actually teaches or
    is otherwise present and participating in the district's
    educational program for less than a school term or (B) who,
    in the immediately previous school term, was employed on a
    full-time basis and actually taught or was otherwise
    present and participated in the district's educational
    program for 120 days or more is not considered employed on
    a part-time basis.
        (2) Grouping 2 shall consist of each teacher with a
    Needs Improvement or Unsatisfactory performance evaluation
    rating on either of the teacher's last 2 performance
    evaluation ratings.
        (3) Grouping 3 shall consist of each teacher with a
    performance evaluation rating of at least Satisfactory or
    Proficient on both of the teacher's last 2 performance
    evaluation ratings, if 2 ratings are available, or on the
    teacher's last performance evaluation rating, if only one
    rating is available, unless the teacher qualifies for
    placement into grouping 4.
        (4) Grouping 4 shall consist of each teacher whose last
    2 performance evaluation ratings are Excellent and each
    teacher with 2 Excellent performance evaluation ratings
    out of the teacher's last 3 performance evaluation ratings
    with a third rating of Satisfactory or Proficient.
    Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last.
    Within grouping one, the sequence of dismissal must be at
the discretion of the school district or joint agreement.
Within grouping 2, the sequence of dismissal must be based upon
average performance evaluation ratings, with the teacher or
teachers with the lowest average performance evaluation rating
dismissed first. A teacher's average performance evaluation
rating must be calculated using the average of the teacher's
last 2 performance evaluation ratings, if 2 ratings are
available, or the teacher's last performance evaluation
rating, if only one rating is available, using the following
numerical values: 4 for Excellent; 3 for Proficient or
Satisfactory; 2 for Needs Improvement; and 1 for
Unsatisfactory. As between or among teachers in grouping 2 with
the same average performance evaluation rating and within each
of groupings 3 and 4, the teacher or teachers with the shorter
length of continuing service with the school district or joint
agreement must be dismissed first unless an alternative method
of determining the sequence of dismissal is established in a
collective bargaining agreement or contract between the board
and a professional faculty members' organization.
    Each board, including the governing board of a joint
agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing each
teacher by name and categorized by positions and the groupings
defined in this subsection (b) must be distributed to the
exclusive bargaining representative at least 75 days before the
end of the school term, provided that the school district or
joint agreement may, with notice to any exclusive employee
representatives, move teachers from grouping one into another
grouping during the period of time from 75 days until 45 days
before the end of the school term. Each year, each board shall
also establish, in consultation with any exclusive employee
representatives, a list showing the length of continuing
service of each teacher who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list must be made in accordance with
the alternative method. Copies of the list must be distributed
to the exclusive employee representative at least 75 days
before the end of the school term.
    Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
    If the board or joint agreement has any vacancies for the
following school term or within one calendar year from the
beginning of the following school term, the positions thereby
becoming available must be tendered to the teachers so removed
or dismissed who were in grouping groupings 3 or 4 of the
sequence of dismissal and are qualified to hold the positions,
based upon legal qualifications and any other qualifications
established in a district or joint agreement job description,
on or before the May 10 prior to the date of the positions
becoming available, provided that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full-time equivalent positions filled by
certified employees (excluding principals and administrative
personnel) during the preceding school year, then the recall
period is for the following school term or within 2 calendar
years from the beginning of the following school term. If the
board or joint agreement has any vacancies within the period
from the beginning of the following school term through
February 1 of the following school term (unless a date later
than February 1, but no later than 6 months from the beginning
of the following school term, is established in a collective
bargaining agreement), the positions thereby becoming
available must be tendered to the teachers so removed or
dismissed who were in grouping 2 of the sequence of dismissal
due to one "needs improvement" rating on either of the
teacher's last 2 performance evaluation ratings, provided
that, if 2 ratings are available, the other performance
evaluation rating used for grouping purposes is
"satisfactory", "proficient", or "excellent", and are
qualified to hold the positions, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the date of the positions becoming available.
On and after July 1, 2014 (the effective date of Public Act
98-648), the preceding sentence shall apply to teachers removed
or dismissed by honorable dismissal, even if notice of
honorable dismissal occurred during the 2013-2014 school year.
Among teachers eligible for recall pursuant to the preceding
sentence, the order of recall must be in inverse order of
dismissal, unless an alternative order of recall is established
in a collective bargaining agreement or contract between the
board and a professional faculty members' organization.
Whenever the number of honorable dismissal notices based upon
economic necessity exceeds 5 notices or 150% of the average
number of teachers honorably dismissed in the preceding 3
years, whichever is more, then the school board or governing
board of a joint agreement, as applicable, shall also hold a
public hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
    For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee
described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial
performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement determining
the sequence of dismissal, not including any performance
evaluation conducted during or at the end of a remediation
period. No more than one evaluation rating each school term
shall be one of the evaluation ratings used for the purpose of
determining the sequence of dismissal. Except as otherwise
provided in this subsection for any performance evaluations
conducted during or at the end of a remediation period, if
multiple performance evaluations are conducted in a school
term, only the rating from the last evaluation conducted prior
to establishing the sequence of honorable dismissal list in
such school term shall be the one evaluation rating from that
school term used for the purpose of determining the sequence of
dismissal. Averaging ratings from multiple evaluations is not
permitted unless otherwise agreed to in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization. The preceding 3 sentences are
not a legislative declaration that existing law does or does
not already require that only one performance evaluation each
school term shall be used for the purpose of determining the
sequence of dismissal. For performance evaluation ratings
determined prior to September 1, 2012, any school district or
joint agreement with a performance evaluation rating system
that does not use either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code for
all teachers must establish a basis for assigning each teacher
a rating that complies with subsection (d) of Section 24A-5 of
this Code for all of the performance evaluation ratings that
are to be used to determine the sequence of dismissal. A
teacher's grouping and ranking on a sequence of honorable
dismissal shall be deemed a part of the teacher's performance
evaluation, and that information shall be disclosed to the
exclusive bargaining representative as part of a sequence of
honorable dismissal list, notwithstanding any laws prohibiting
disclosure of such information. A performance evaluation
rating may be used to determine the sequence of dismissal,
notwithstanding the pendency of any grievance resolution or
arbitration procedures relating to the performance evaluation.
If a teacher has received at least one performance evaluation
rating conducted by the school district or joint agreement
determining the sequence of dismissal and a subsequent
performance evaluation is not conducted in any school year in
which such evaluation is required to be conducted under Section
24A-5 of this Code, the teacher's performance evaluation rating
for that school year for purposes of determining the sequence
of dismissal is deemed Proficient, except that, during any time
in which the Governor has declared a disaster due to a public
health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act, this default to Proficient
does not apply to any teacher who has entered into contractual
continued service and who was deemed Excellent on his or her
most recent evaluation. During any time in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act and unless the school board and any exclusive
bargaining representative have completed the performance
rating for teachers or have mutually agreed to an alternate
performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed Excellent, and whose performance evaluation is not
conducted when the evaluation is required to be conducted shall
receive a teacher's performance rating deemed Excellent. A
school board and any exclusive bargaining representative may
mutually agree to an alternate performance rating for teachers
not in contractual continued service during any time in which
the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, as long as the agreement is in writing.
If a performance evaluation rating is nullified as the result
of an arbitration, administrative agency, or court
determination, then the school district or joint agreement is
deemed to have conducted a performance evaluation for that
school year, but the performance evaluation rating may not be
used in determining the sequence of dismissal.
    Nothing in this subsection (b) shall be construed as
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
    Any provisions regarding the sequence of honorable
dismissals and recall of honorably dismissed teachers in a
collective bargaining agreement entered into on or before
January 1, 2011 and in effect on June 13, 2011 (the effective
date of Public Act 97-8) that may conflict with Public Act 97-8
shall remain in effect through the expiration of such agreement
or June 30, 2013, whichever is earlier.
    (c) Each school district and special education joint
agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
or, if applicable, the exclusive bargaining representative of
its teachers, to address the matters described in paragraphs
(1) through (5) of this subsection (c) pertaining to honorable
dismissals under subsection (b) of this Section.
        (1) The joint committee must consider and may agree to
    criteria for excluding from grouping 2 and placing into
    grouping 3 a teacher whose last 2 performance evaluations
    include a Needs Improvement and either a Proficient or
    Excellent.
        (2) The joint committee must consider and may agree to
    an alternative definition for grouping 4, which definition
    must take into account prior performance evaluation
    ratings and may take into account other factors that relate
    to the school district's or program's educational
    objectives. An alternative definition for grouping 4 may
    not permit the inclusion of a teacher in the grouping with
    a Needs Improvement or Unsatisfactory performance
    evaluation rating on either of the teacher's last 2
    performance evaluation ratings.
        (3) The joint committee may agree to including within
    the definition of a performance evaluation rating a
    performance evaluation rating administered by a school
    district or joint agreement other than the school district
    or joint agreement determining the sequence of dismissal.
        (4) For each school district or joint agreement that
    administers performance evaluation ratings that are
    inconsistent with either of the rating category systems
    specified in subsection (d) of Section 24A-5 of this Code,
    the school district or joint agreement must consult with
    the joint committee on the basis for assigning a rating
    that complies with subsection (d) of Section 24A-5 of this
    Code to each performance evaluation rating that will be
    used in a sequence of dismissal.
        (5) Upon request by a joint committee member submitted
    to the employing board by no later than 10 days after the
    distribution of the sequence of honorable dismissal list, a
    representative of the employing board shall, within 5 days
    after the request, provide to members of the joint
    committee a list showing the most recent and prior
    performance evaluation ratings of each teacher identified
    only by length of continuing service in the district or
    joint agreement and not by name. If, after review of this
    list, a member of the joint committee has a good faith
    belief that a disproportionate number of teachers with
    greater length of continuing service with the district or
    joint agreement have received a recent performance
    evaluation rating lower than the prior rating, the member
    may request that the joint committee review the list to
    assess whether such a trend may exist. Following the joint
    committee's review, but by no later than the end of the
    applicable school term, the joint committee or any member
    or members of the joint committee may submit a report of
    the review to the employing board and exclusive bargaining
    representative, if any. Nothing in this paragraph (5) shall
    impact the order of honorable dismissal or a school
    district's or joint agreement's authority to carry out a
    dismissal in accordance with subsection (b) of this
    Section.
    Agreement by the joint committee as to a matter requires
the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.
    The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. Subject to the February 1
deadline for agreements, the agreement of a joint committee on
a matter shall apply to the sequence of dismissal until the
agreement is amended or terminated by the joint committee.
    The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee created under this subsection
(c).
    (d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
        (1) If a dismissal of a teacher in contractual
    continued service is sought for any reason or cause other
    than an honorable dismissal under subsections (a) or (b) of
    this Section or a dismissal sought under Section 24-16.5 of
    this Code, including those under Section 10-22.4, the board
    must first approve a motion containing specific charges by
    a majority vote of all its members. Written notice of such
    charges, including a bill of particulars and the teacher's
    right to request a hearing, must be mailed to the teacher
    and also given to the teacher either by electronic mail,
    certified mail, return receipt requested, or personal
    delivery with receipt within 5 days of the adoption of the
    motion. Any written notice sent on or after July 1, 2012
    shall inform the teacher of the right to request a hearing
    before a mutually selected hearing officer, with the cost
    of the hearing officer split equally between the teacher
    and the board, or a hearing before a board-selected hearing
    officer, with the cost of the hearing officer paid by the
    board.
        Before setting a hearing on charges stemming from
    causes that are considered remediable, a board must give
    the teacher reasonable warning in writing, stating
    specifically the causes that, if not removed, may result in
    charges; however, no such written warning is required if
    the causes have been the subject of a remediation plan
    pursuant to Article 24A of this Code.
        If, in the opinion of the board, the interests of the
    school require it, the board may suspend the teacher
    without pay, pending the hearing, but if the board's
    dismissal or removal is not sustained, the teacher shall
    not suffer the loss of any salary or benefits by reason of
    the suspension.
        (2) No hearing upon the charges is required unless the
    teacher within 17 days after receiving notice requests in
    writing of the board that a hearing be scheduled before a
    mutually selected hearing officer or a hearing officer
    selected by the board. The secretary of the school board
    shall forward a copy of the notice to the State Board of
    Education.
        (3) Within 5 business days after receiving a notice of
    hearing in which either notice to the teacher was sent
    before July 1, 2012 or, if the notice was sent on or after
    July 1, 2012, the teacher has requested a hearing before a
    mutually selected hearing officer, the State Board of
    Education shall provide a list of 5 prospective, impartial
    hearing officers from the master list of qualified,
    impartial hearing officers maintained by the State Board of
    Education. Each person on the master list must (i) be
    accredited by a national arbitration organization and have
    had a minimum of 5 years of experience directly related to
    labor and employment relations matters between employers
    and employees or their exclusive bargaining
    representatives and (ii) beginning September 1, 2012, have
    participated in training provided or approved by the State
    Board of Education for teacher dismissal hearing officers
    so that he or she is familiar with issues generally
    involved in evaluative and non-evaluative dismissals.
        If notice to the teacher was sent before July 1, 2012
    or, if the notice was sent on or after July 1, 2012, the
    teacher has requested a hearing before a mutually selected
    hearing officer, the board and the teacher or their legal
    representatives within 3 business days shall alternately
    strike one name from the list provided by the State Board
    of Education until only one name remains. Unless waived by
    the teacher, the teacher shall have the right to proceed
    first with the striking. Within 3 business days of receipt
    of the list provided by the State Board of Education, the
    board and the teacher or their legal representatives shall
    each have the right to reject all prospective hearing
    officers named on the list and notify the State Board of
    Education of such rejection. Within 3 business days after
    receiving this notification, the State Board of Education
    shall appoint a qualified person from the master list who
    did not appear on the list sent to the parties to serve as
    the hearing officer, unless the parties notify it that they
    have chosen to alternatively select a hearing officer under
    paragraph (4) of this subsection (d).
        If the teacher has requested a hearing before a hearing
    officer selected by the board, the board shall select one
    name from the master list of qualified impartial hearing
    officers maintained by the State Board of Education within
    3 business days after receipt and shall notify the State
    Board of Education of its selection.
        A hearing officer mutually selected by the parties,
    selected by the board, or selected through an alternative
    selection process under paragraph (4) of this subsection
    (d) (A) must not be a resident of the school district, (B)
    must be available to commence the hearing within 75 days
    and conclude the hearing within 120 days after being
    selected as the hearing officer, and (C) must issue a
    decision as to whether the teacher must be dismissed and
    give a copy of that decision to both the teacher and the
    board within 30 days from the conclusion of the hearing or
    closure of the record, whichever is later.
        If the Governor has declared a disaster due to a public
    health emergency pursuant to Section 7 of the Illinois
    Emergency Management Agency Act and except if the parties
    mutually agree otherwise and the agreement is in writing,
    the requirements of this Section pertaining to prehearings
    and hearings are paused and do not begin to toll until the
    proclamation is no longer in effect. If mutually agreed to
    and reduced to writing, the parties may proceed with the
    prehearing and hearing requirements of this Section and may
    also agree to extend the timelines of this Section
    connected to the appointment and selection of a hearing
    officer and those connected to commencing and concluding a
    hearing. Any hearing convened during a public health
    emergency pursuant to Section 7 of the Illinois Emergency
    Management Agency Act may be convened remotely. Any hearing
    officer for a hearing convened during a public health
    emergency pursuant to Section 7 of the Illinois Emergency
    Management Agency Act may voluntarily withdraw from the
    hearing and another hearing officer shall be selected or
    appointed pursuant to this Section.
        (4) In the alternative to selecting a hearing officer
    from the list received from the State Board of Education or
    accepting the appointment of a hearing officer by the State
    Board of Education or if the State Board of Education
    cannot provide a list or appoint a hearing officer that
    meets the foregoing requirements, the board and the teacher
    or their legal representatives may mutually agree to select
    an impartial hearing officer who is not on the master list
    either by direct appointment by the parties or by using
    procedures for the appointment of an arbitrator
    established by the Federal Mediation and Conciliation
    Service or the American Arbitration Association. The
    parties shall notify the State Board of Education of their
    intent to select a hearing officer using an alternative
    procedure within 3 business days of receipt of a list of
    prospective hearing officers provided by the State Board of
    Education, notice of appointment of a hearing officer by
    the State Board of Education, or receipt of notice from the
    State Board of Education that it cannot provide a list that
    meets the foregoing requirements, whichever is later.
        (5) If the notice of dismissal was sent to the teacher
    before July 1, 2012, the fees and costs for the hearing
    officer must be paid by the State Board of Education. If
    the notice of dismissal was sent to the teacher on or after
    July 1, 2012, the hearing officer's fees and costs must be
    paid as follows in this paragraph (5). The fees and
    permissible costs for the hearing officer must be
    determined by the State Board of Education. If the board
    and the teacher or their legal representatives mutually
    agree to select an impartial hearing officer who is not on
    a list received from the State Board of Education, they may
    agree to supplement the fees determined by the State Board
    to the hearing officer, at a rate consistent with the
    hearing officer's published professional fees. If the
    hearing officer is mutually selected by the parties, then
    the board and the teacher or their legal representatives
    shall each pay 50% of the fees and costs and any
    supplemental allowance to which they agree. If the hearing
    officer is selected by the board, then the board shall pay
    100% of the hearing officer's fees and costs. The fees and
    costs must be paid to the hearing officer within 14 days
    after the board and the teacher or their legal
    representatives receive the hearing officer's decision set
    forth in paragraph (7) of this subsection (d).
        (6) The teacher is required to answer the bill of
    particulars and aver affirmative matters in his or her
    defense, and the time for initially doing so and the time
    for updating such answer and defenses after pre-hearing
    discovery must be set by the hearing officer. The State
    Board of Education shall promulgate rules so that each
    party has a fair opportunity to present its case and to
    ensure that the dismissal process proceeds in a fair and
    expeditious manner. These rules shall address, without
    limitation, discovery and hearing scheduling conferences;
    the teacher's initial answer and affirmative defenses to
    the bill of particulars and the updating of that
    information after pre-hearing discovery; provision for
    written interrogatories and requests for production of
    documents; the requirement that each party initially
    disclose to the other party and then update the disclosure
    no later than 10 calendar days prior to the commencement of
    the hearing, the names and addresses of persons who may be
    called as witnesses at the hearing, a summary of the facts
    or opinions each witness will testify to, and all other
    documents and materials, including information maintained
    electronically, relevant to its own as well as the other
    party's case (the hearing officer may exclude witnesses and
    exhibits not identified and shared, except those offered in
    rebuttal for which the party could not reasonably have
    anticipated prior to the hearing); pre-hearing discovery
    and preparation, including provision for written
    interrogatories and requests for production of documents,
    provided that discovery depositions are prohibited; the
    conduct of the hearing; the right of each party to be
    represented by counsel, the offer of evidence and witnesses
    and the cross-examination of witnesses; the authority of
    the hearing officer to issue subpoenas and subpoenas duces
    tecum, provided that the hearing officer may limit the
    number of witnesses to be subpoenaed on behalf of each
    party to no more than 7; the length of post-hearing briefs;
    and the form, length, and content of hearing officers'
    decisions. The hearing officer shall hold a hearing and
    render a final decision for dismissal pursuant to Article
    24A of this Code or shall report to the school board
    findings of fact and a recommendation as to whether or not
    the teacher must be dismissed for conduct. The hearing
    officer shall commence the hearing within 75 days and
    conclude the hearing within 120 days after being selected
    as the hearing officer, provided that the hearing officer
    may modify these timelines upon the showing of good cause
    or mutual agreement of the parties. Good cause for the
    purpose of this subsection (d) shall mean the illness or
    otherwise unavoidable emergency of the teacher, district
    representative, their legal representatives, the hearing
    officer, or an essential witness as indicated in each
    party's pre-hearing submission. In a dismissal hearing
    pursuant to Article 24A of this Code in which a witness is
    a student or is under the age of 18, the hearing officer
    must make accommodations for the witness, as provided under
    paragraph (6.5) of this subsection. The hearing officer
    shall consider and give weight to all of the teacher's
    evaluations written pursuant to Article 24A that are
    relevant to the issues in the hearing.
        Each party shall have no more than 3 days to present
    its case, unless extended by the hearing officer to enable
    a party to present adequate evidence and testimony,
    including due to the other party's cross-examination of the
    party's witnesses, for good cause or by mutual agreement of
    the parties. The State Board of Education shall define in
    rules the meaning of "day" for such purposes. All testimony
    at the hearing shall be taken under oath administered by
    the hearing officer. The hearing officer shall cause a
    record of the proceedings to be kept and shall employ a
    competent reporter to take stenographic or stenotype notes
    of all the testimony. The costs of the reporter's
    attendance and services at the hearing shall be paid by the
    party or parties who are responsible for paying the fees
    and costs of the hearing officer. Either party desiring a
    transcript of the hearing shall pay for the cost thereof.
    Any post-hearing briefs must be submitted by the parties by
    no later than 21 days after a party's receipt of the
    transcript of the hearing, unless extended by the hearing
    officer for good cause or by mutual agreement of the
    parties.
        (6.5) In the case of charges involving sexual abuse or
    severe physical abuse of a student or a person under the
    age of 18, the hearing officer shall make alternative
    hearing procedures to protect a witness who is a student or
    who is under the age of 18 from being intimidated or
    traumatized. Alternative hearing procedures may include,
    but are not limited to: (i) testimony made via a
    telecommunication device in a location other than the
    hearing room and outside the physical presence of the
    teacher and other hearing participants, (ii) testimony
    outside the physical presence of the teacher, or (iii)
    non-public testimony. During a testimony described under
    this subsection, each party must be permitted to ask a
    witness who is a student or who is under 18 years of age
    all relevant questions and follow-up questions. All
    questions must exclude evidence of the witness' sexual
    behavior or predisposition, unless the evidence is offered
    to prove that someone other than the teacher subject to the
    dismissal hearing engaged in the charge at issue.
        (7) The hearing officer shall, within 30 days from the
    conclusion of the hearing or closure of the record,
    whichever is later, make a decision as to whether or not
    the teacher shall be dismissed pursuant to Article 24A of
    this Code or report to the school board findings of fact
    and a recommendation as to whether or not the teacher shall
    be dismissed for cause and shall give a copy of the
    decision or findings of fact and recommendation to both the
    teacher and the school board. If a hearing officer fails
    without good cause, specifically provided in writing to
    both parties and the State Board of Education, to render a
    decision or findings of fact and recommendation within 30
    days after the hearing is concluded or the record is
    closed, whichever is later, the parties may mutually agree
    to select a hearing officer pursuant to the alternative
    procedure, as provided in this Section, to rehear the
    charges heard by the hearing officer who failed to render a
    decision or findings of fact and recommendation or to
    review the record and render a decision. If any hearing
    officer fails without good cause, specifically provided in
    writing to both parties and the State Board of Education,
    to render a decision or findings of fact and recommendation
    within 30 days after the hearing is concluded or the record
    is closed, whichever is later, the hearing officer shall be
    removed from the master list of hearing officers maintained
    by the State Board of Education for not more than 24
    months. The parties and the State Board of Education may
    also take such other actions as it deems appropriate,
    including recovering, reducing, or withholding any fees
    paid or to be paid to the hearing officer. If any hearing
    officer repeats such failure, he or she must be permanently
    removed from the master list maintained by the State Board
    of Education and may not be selected by parties through the
    alternative selection process under this paragraph (7) or
    paragraph (4) of this subsection (d). The board shall not
    lose jurisdiction to discharge a teacher if the hearing
    officer fails to render a decision or findings of fact and
    recommendation within the time specified in this Section.
    If the decision of the hearing officer for dismissal
    pursuant to Article 24A of this Code or of the school board
    for dismissal for cause is in favor of the teacher, then
    the hearing officer or school board shall order
    reinstatement to the same or substantially equivalent
    position and shall determine the amount for which the
    school board is liable, including, but not limited to, loss
    of income and benefits.
        (8) The school board, within 45 days after receipt of
    the hearing officer's findings of fact and recommendation
    as to whether (i) the conduct at issue occurred, (ii) the
    conduct that did occur was remediable, and (iii) the
    proposed dismissal should be sustained, shall issue a
    written order as to whether the teacher must be retained or
    dismissed for cause from its employ. The school board's
    written order shall incorporate the hearing officer's
    findings of fact, except that the school board may modify
    or supplement the findings of fact if, in its opinion, the
    findings of fact are against the manifest weight of the
    evidence.
        If the school board dismisses the teacher
    notwithstanding the hearing officer's findings of fact and
    recommendation, the school board shall make a conclusion in
    its written order, giving its reasons therefor, and such
    conclusion and reasons must be included in its written
    order. The failure of the school board to strictly adhere
    to the timelines contained in this Section shall not render
    it without jurisdiction to dismiss the teacher. The school
    board shall not lose jurisdiction to discharge the teacher
    for cause if the hearing officer fails to render a
    recommendation within the time specified in this Section.
    The decision of the school board is final, unless reviewed
    as provided in paragraph (9) of this subsection (d).
        If the school board retains the teacher, the school
    board shall enter a written order stating the amount of
    back pay and lost benefits, less mitigation, to be paid to
    the teacher, within 45 days after its retention order.
    Should the teacher object to the amount of the back pay and
    lost benefits or amount mitigated, the teacher shall give
    written objections to the amount within 21 days. If the
    parties fail to reach resolution within 7 days, the dispute
    shall be referred to the hearing officer, who shall
    consider the school board's written order and teacher's
    written objection and determine the amount to which the
    school board is liable. The costs of the hearing officer's
    review and determination must be paid by the board.
        (9) The decision of the hearing officer pursuant to
    Article 24A of this Code or of the school board's decision
    to dismiss for cause is final unless reviewed as provided
    in Section 24-16 of this Code. If the school board's
    decision to dismiss for cause is contrary to the hearing
    officer's recommendation, the court on review shall give
    consideration to the school board's decision and its
    supplemental findings of fact, if applicable, and the
    hearing officer's findings of fact and recommendation in
    making its decision. In the event such review is
    instituted, the school board shall be responsible for
    preparing and filing the record of proceedings, and such
    costs associated therewith must be divided equally between
    the parties.
        (10) If a decision of the hearing officer for dismissal
    pursuant to Article 24A of this Code or of the school board
    for dismissal for cause is adjudicated upon review or
    appeal in favor of the teacher, then the trial court shall
    order reinstatement and shall remand the matter to the
    school board with direction for entry of an order setting
    the amount of back pay, lost benefits, and costs, less
    mitigation. The teacher may challenge the school board's
    order setting the amount of back pay, lost benefits, and
    costs, less mitigation, through an expedited arbitration
    procedure, with the costs of the arbitrator borne by the
    school board.
        Any teacher who is reinstated by any hearing or
    adjudication brought under this Section shall be assigned
    by the board to a position substantially similar to the one
    which that teacher held prior to that teacher's suspension
    or dismissal.
        (11) Subject to any later effective date referenced in
    this Section for a specific aspect of the dismissal
    process, the changes made by Public Act 97-8 shall apply to
    dismissals instituted on or after September 1, 2011. Any
    dismissal instituted prior to September 1, 2011 must be
    carried out in accordance with the requirements of this
    Section prior to amendment by Public Act 97-8.
    (e) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 100-768, eff. 1-1-19; 101-81, eff. 7-12-19;
101-531, eff. 8-23-19; revised 12-3-19.)
 
    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
    Sec. 24A-5. Content of evaluation plans. This Section does
not apply to teachers assigned to schools identified in an
agreement entered into between the board of a school district
operating under Article 34 of this Code and the exclusive
representative of the district's teachers in accordance with
Section 34-85c of this Code.
    Each school district to which this Article applies shall
establish a teacher evaluation plan which ensures that each
teacher in contractual continued service is evaluated at least
once in the course of every 2 school years.
    By no later than September 1, 2012, each school district
shall establish a teacher evaluation plan that ensures that:
        (1) each teacher not in contractual continued service
    is evaluated at least once every school year; and
        (2) each teacher in contractual continued service is
    evaluated at least once in the course of every 2 school
    years. However, any teacher in contractual continued
    service whose performance is rated as either "needs
    improvement" or "unsatisfactory" must be evaluated at
    least once in the school year following the receipt of such
    rating.
    Notwithstanding anything to the contrary in this Section or
any other Section of the School Code, a principal shall not be
prohibited from evaluating any teachers within a school during
his or her first year as principal of such school. If a
first-year principal exercises this option in a school district
where the evaluation plan provides for a teacher in contractual
continued service to be evaluated once in the course of every 2
school years, then a new 2-year evaluation plan must be
established.
    The evaluation plan shall comply with the requirements of
this Section and of any rules adopted by the State Board of
Education pursuant to this Section.
    The plan shall include a description of each teacher's
duties and responsibilities and of the standards to which that
teacher is expected to conform, and shall include at least the
following components:
        (a) personal observation of the teacher in the
    classroom by the evaluator, unless the teacher has no
    classroom duties.
        (b) consideration of the teacher's attendance,
    planning, instructional methods, classroom management,
    where relevant, and competency in the subject matter
    taught.
        (c) by no later than the applicable implementation
    date, consideration of student growth as a significant
    factor in the rating of the teacher's performance.
        (d) prior to September 1, 2012, rating of the
    performance of teachers in contractual continued service
    as either:
            (i) "excellent", "satisfactory" or
        "unsatisfactory"; or
            (ii) "excellent", "proficient", "needs
        improvement" or "unsatisfactory".
        (e) on and after September 1, 2012, rating of the
    performance of all teachers as "excellent", "proficient",
    "needs improvement" or "unsatisfactory".
        (f) specification as to the teacher's strengths and
    weaknesses, with supporting reasons for the comments made.
        (g) inclusion of a copy of the evaluation in the
    teacher's personnel file and provision of a copy to the
    teacher.
        (h) within 30 school days after the completion of an
    evaluation rating a teacher in contractual continued
    service as "needs improvement", development by the
    evaluator, in consultation with the teacher, and taking
    into account the teacher's on-going professional
    responsibilities including his or her regular teaching
    assignments, of a professional development plan directed
    to the areas that need improvement and any supports that
    the district will provide to address the areas identified
    as needing improvement.
        (i) within 30 school days after completion of an
    evaluation rating a teacher in contractual continued
    service as "unsatisfactory", development and commencement
    by the district of a remediation plan designed to correct
    deficiencies cited, provided the deficiencies are deemed
    remediable. In all school districts the remediation plan
    for unsatisfactory, tenured teachers shall provide for 90
    school days of remediation within the classroom, unless an
    applicable collective bargaining agreement provides for a
    shorter duration. In all school districts evaluations
    issued pursuant to this Section shall be issued within 10
    days after the conclusion of the respective remediation
    plan. However, the school board or other governing
    authority of the district shall not lose jurisdiction to
    discharge a teacher in the event the evaluation is not
    issued within 10 days after the conclusion of the
    respective remediation plan.
        (j) participation in the remediation plan by the
    teacher in contractual continued service rated
    "unsatisfactory", an evaluator and a consulting teacher
    selected by the evaluator of the teacher who was rated
    "unsatisfactory", which consulting teacher is an
    educational employee as defined in the Educational Labor
    Relations Act, has at least 5 years' teaching experience,
    and a reasonable familiarity with the assignment of the
    teacher being evaluated, and who received an "excellent"
    rating on his or her most recent evaluation. Where no
    teachers who meet these criteria are available within the
    district, the district shall request and the applicable
    regional office of education shall supply, to participate
    in the remediation process, an individual who meets these
    criteria.
        In a district having a population of less than 500,000
    with an exclusive bargaining agent, the bargaining agent
    may, if it so chooses, supply a roster of qualified
    teachers from whom the consulting teacher is to be
    selected. That roster shall, however, contain the names of
    at least 5 teachers, each of whom meets the criteria for
    consulting teacher with regard to the teacher being
    evaluated, or the names of all teachers so qualified if
    that number is less than 5. In the event of a dispute as to
    qualification, the State Board shall determine
    qualification.
        (k) a mid-point and final evaluation by an evaluator
    during and at the end of the remediation period,
    immediately following receipt of a remediation plan
    provided for under subsections (i) and (j) of this Section.
    Each evaluation shall assess the teacher's performance
    during the time period since the prior evaluation; provided
    that the last evaluation shall also include an overall
    evaluation of the teacher's performance during the
    remediation period. A written copy of the evaluations and
    ratings, in which any deficiencies in performance and
    recommendations for correction are identified, shall be
    provided to and discussed with the teacher within 10 school
    days after the date of the evaluation, unless an applicable
    collective bargaining agreement provides to the contrary.
    These subsequent evaluations shall be conducted by an
    evaluator. The consulting teacher shall provide advice to
    the teacher rated "unsatisfactory" on how to improve
    teaching skills and to successfully complete the
    remediation plan. The consulting teacher shall participate
    in developing the remediation plan, but the final decision
    as to the evaluation shall be done solely by the evaluator,
    unless an applicable collective bargaining agreement
    provides to the contrary. Evaluations at the conclusion of
    the remediation process shall be separate and distinct from
    the required annual evaluations of teachers and shall not
    be subject to the guidelines and procedures relating to
    those annual evaluations. The evaluator may but is not
    required to use the forms provided for the annual
    evaluation of teachers in the district's evaluation plan.
        (l) reinstatement to the evaluation schedule set forth
    in the district's evaluation plan for any teacher in
    contractual continued service who achieves a rating equal
    to or better than "satisfactory" or "proficient" in the
    school year following a rating of "needs improvement" or
    "unsatisfactory".
        (m) dismissal in accordance with subsection (d) of
    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
    any teacher who fails to complete any applicable
    remediation plan with a rating equal to or better than a
    "satisfactory" or "proficient" rating. Districts and
    teachers subject to dismissal hearings are precluded from
    compelling the testimony of consulting teachers at such
    hearings under subsection (d) of Section 24-12 or Section
    24-16.5 or 34-85 of this Code, either as to the rating
    process or for opinions of performances by teachers under
    remediation.
        (n) After the implementation date of an evaluation
    system for teachers in a district as specified in Section
    24A-2.5 of this Code, if a teacher in contractual continued
    service successfully completes a remediation plan
    following a rating of "unsatisfactory" in an annual or
    biennial overall performance evaluation received after the
    foregoing implementation date and receives a subsequent
    rating of "unsatisfactory" in any of the teacher's annual
    or biennial overall performance evaluation ratings
    received during the 36-month period following the
    teacher's completion of the remediation plan, then the
    school district may forego remediation and seek dismissal
    in accordance with subsection (d) of Section 24-12 or
    Section 34-85 of this Code.
    Nothing in this Section or Section 24A-4 shall be construed
as preventing immediate dismissal of a teacher for deficiencies
which are deemed irremediable or for actions which are
injurious to or endanger the health or person of students in
the classroom or school, or preventing the dismissal or
non-renewal of teachers not in contractual continued service
for any reason not prohibited by applicable employment, labor,
and civil rights laws. Failure to strictly comply with the time
requirements contained in Section 24A-5 shall not invalidate
the results of the remediation plan.
    Nothing contained in this amendatory Act of the 98th
General Assembly repeals, supersedes, invalidates, or
nullifies final decisions in lawsuits pending on the effective
date of this amendatory Act of the 98th General Assembly in
Illinois courts involving the interpretation of Public Act
97-8.
    If the Governor has declared a disaster due to a public
health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act that suspends in-person
instruction, the timelines in this Section connected to the
commencement and completion of any remediation plan are waived.
Except if the parties mutually agree otherwise and the
agreement is in writing, any remediation plan that had been in
place for more than 45 days prior to the suspension of
in-person instruction shall resume when in-person instruction
resumes and any remediation plan that had been in place for
fewer than 45 days prior to the suspension of in-person
instruction shall be discontinued and a new remediation period
shall begin when in-person instruction resumes. The
requirements of this paragraph apply regardless of whether they
are included in a school district's teacher evaluation plan.
(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648,
eff. 7-1-14.)
 
    (105 ILCS 5/27-3)  (from Ch. 122, par. 27-3)
    Sec. 27-3. Patriotism and principles of representative
government - Proper use of flag - Method of voting - Pledge of
Allegiance. American patriotism and the principles of
representative government, as enunciated in the American
Declaration of Independence, the Constitution of the United
States of America and the Constitution of the State of
Illinois, and the proper use and display of the American flag,
shall be taught in all public schools and other educational
institutions supported or maintained in whole or in part by
public funds. No student shall receive a certificate of
graduation without passing a satisfactory examination upon
such subjects, which may be administered remotely.
    Instruction shall be given in all such schools and
institutions in the method of voting at elections by means of
the Australian Ballot system and the method of the counting of
votes for candidates.
    The Pledge of Allegiance shall be recited each school day
by pupils in elementary and secondary educational institutions
supported or maintained in whole or in part by public funds.
(Source: P.A. 92-612, eff. 7-3-02.)
 
    (105 ILCS 5/27-6.5)
    Sec. 27-6.5. Physical fitness assessments in schools.
    (a) As used in this Section, "physical fitness assessment"
means a series of assessments to measure aerobic capacity, body
composition, muscular strength, muscular endurance, and
flexibility.
    (b) To measure the effectiveness of State Goal 20 of the
Illinois Learning Standards for Physical Development and
Health, beginning with the 2016-2017 school year and every
school year thereafter, the State Board of Education shall
require all public schools to use a scientifically-based,
health-related physical fitness assessment for grades 3
through 12 and periodically report fitness information to the
State Board of Education, as set forth in subsections (c) and
(e) of this Section, to assess student fitness indicators.
    Public schools shall integrate health-related fitness
testing into the curriculum as an instructional tool, except in
grades before the 3rd grade. Fitness tests must be appropriate
to students' developmental levels and physical abilities. The
testing must be used to teach students how to assess their
fitness levels, set goals for improvement, and monitor progress
in reaching their goals. Fitness scores shall not be used for
grading students or evaluating teachers.
    (c) On or before October 1, 2014, the State Superintendent
of Education shall appoint a 15-member stakeholder and expert
task force, including members representing organizations that
represent physical education teachers, school officials,
principals, health promotion and disease prevention advocates
and experts, school health advocates and experts, and other
experts with operational and academic expertise in the
measurement of fitness. The task force shall make
recommendations to the State Board of Education on the
following:
        (1) methods for ensuring the validity and uniformity of
    reported physical fitness assessment scores, including
    assessment administration protocols and professional
    development approaches for physical education teachers;
        (2) how often physical fitness assessment scores
    should be reported to the State Board of Education;
        (3) the grade levels within elementary, middle, and
    high school categories for which physical fitness
    assessment scores should be reported to the State Board of
    Education;
        (4) the minimum fitness indicators that should be
    reported to the State Board of Education, including, but
    not limited to, a score for aerobic capacity (for grades 4
    through 12); muscular strength; endurance; and
    flexibility;
        (5) the demographic information that should accompany
    the scores, including, but not limited to, grade and
    gender;
        (6) the development of protocols regarding the
    protection of students' confidentiality and individual
    information and identifiers; and
        (7) how physical fitness assessment data should be
    reported by the State Board of Education to the public,
    including potential correlations with student academic
    achievement, attendance, and discipline data and other
    recommended uses of the reported data.
    The State Board of Education shall provide administrative
and other support to the task force.
    The task force shall submit its recommendations on physical
fitness assessments on or before April 1, 2015. The task force
may also recommend methods for assessing student progress on
State Goals 19 and 21 through 24 of the Illinois Learning
Standards for Physical Development and Health. The task force
is dissolved on April 30, 2015.
    The provisions of this subsection (c), other than this
sentence, are inoperative after March 31, 2016.
    (d) On or before December 31, 2015, the State Board of
Education shall use the recommendations of the task force under
subsection (c) of this Section to adopt rules for the
implementation of physical fitness assessments by each public
school for the 2016-2017 school year and every school year
thereafter. The requirements of this Section do not apply if
the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act.
    (e) On or before September 1, 2016, the State Board of
Education shall adopt rules for data submission by school
districts and develop a system for collecting and reporting the
aggregated fitness information from the physical fitness
assessments. This system shall also support the collection of
data from school districts that use a fitness testing software
program.
    (f) School districts may report the aggregate findings of
physical fitness assessments by grade level and school to
parents and members of the community through typical
communication channels, such as Internet websites, school
newsletters, school board reports, and presentations.
Districts may also provide individual fitness assessment
reports to students' parents.
    (g) Nothing in this Section precludes schools from
implementing a physical fitness assessment before the
2016-2017 school year or from implementing more robust forms of
a physical fitness assessment.
(Source: P.A. 98-859, eff. 8-4-14.)
 
    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
    Sec. 27-8.1. Health examinations and immunizations.
    (1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
sixth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public, private,
or parochial school or nursery school, each child shall present
proof of having been examined in accordance with this Section
and the rules and regulations promulgated hereunder. Any child
who received a health examination within one year prior to
entering the fifth grade for the 2007-2008 school year is not
required to receive an additional health examination in order
to comply with the provisions of Public Act 95-422 when he or
she attends school for the 2008-2009 school year, unless the
child is attending school for the first time as provided in
this paragraph.
    A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,
including eye examinations, may be required when deemed
necessary by school authorities. Parents are encouraged to have
their children undergo eye examinations at the same points in
time required for health examinations.
    (1.5) In compliance with rules adopted by the Department of
Public Health and except as otherwise provided in this Section,
all children in kindergarten and the second, sixth, and ninth
grades of any public, private, or parochial school shall have a
dental examination. Each of these children shall present proof
of having been examined by a dentist in accordance with this
Section and rules adopted under this Section before May 15th of
the school year. If a child in the second, sixth, or ninth
grade fails to present proof by May 15th, the school may hold
the child's report card until one of the following occurs: (i)
the child presents proof of a completed dental examination or
(ii) the child presents proof that a dental examination will
take place within 60 days after May 15th. A school may not
withhold a child's report card during a school year in which
the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act. The Department of Public Health shall
establish, by rule, a waiver for children who show an undue
burden or a lack of access to a dentist. Each public, private,
and parochial school must give notice of this dental
examination requirement to the parents and guardians of
students at least 60 days before May 15th of each school year.
    (1.10) Except as otherwise provided in this Section, all
children enrolling in kindergarten in a public, private, or
parochial school on or after January 1, 2008 (the effective
date of Public Act 95-671) and any student enrolling for the
first time in a public, private, or parochial school on or
after January 1, 2008 (the effective date of Public Act 95-671)
shall have an eye examination. Each of these children shall
present proof of having been examined by a physician licensed
to practice medicine in all of its branches or a licensed
optometrist within the previous year, in accordance with this
Section and rules adopted under this Section, before October
15th of the school year. If the child fails to present proof by
October 15th, the school may hold the child's report card until
one of the following occurs: (i) the child presents proof of a
completed eye examination or (ii) the child presents proof that
an eye examination will take place within 60 days after October
15th. A school may not withhold a child's report card during a
school year in which the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act. The Department of
Public Health shall establish, by rule, a waiver for children
who show an undue burden or a lack of access to a physician
licensed to practice medicine in all of its branches who
provides eye examinations or to a licensed optometrist. Each
public, private, and parochial school must give notice of this
eye examination requirement to the parents and guardians of
students in compliance with rules of the Department of Public
Health. Nothing in this Section shall be construed to allow a
school to exclude a child from attending because of a parent's
or guardian's failure to obtain an eye examination for the
child.
    (2) The Department of Public Health shall promulgate rules
and regulations specifying the examinations and procedures
that constitute a health examination, which shall include an
age-appropriate developmental screening, an age-appropriate
social and emotional screening, and the collection of data
relating to asthma and obesity (including at a minimum, date of
birth, gender, height, weight, blood pressure, and date of
exam), and a dental examination and may recommend by rule that
certain additional examinations be performed. The rules and
regulations of the Department of Public Health shall specify
that a tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. With respect to the developmental screening and
the social and emotional screening, the Department of Public
Health must, no later than January 1, 2019, develop rules and
appropriate revisions to the Child Health Examination form in
conjunction with a statewide organization representing school
boards; a statewide organization representing pediatricians;
statewide organizations representing individuals holding
Illinois educator licenses with school support personnel
endorsements, including school social workers, school
psychologists, and school nurses; a statewide organization
representing children's mental health experts; a statewide
organization representing school principals; the Director of
Healthcare and Family Services or his or her designee, the
State Superintendent of Education or his or her designee; and
representatives of other appropriate State agencies and, at a
minimum, must recommend the use of validated screening tools
appropriate to the child's age or grade, and, with regard to
the social and emotional screening, require recording only
whether or not the screening was completed. The rules shall
take into consideration the screening recommendations of the
American Academy of Pediatrics and must be consistent with the
State Board of Education's social and emotional learning
standards. The Department of Public Health shall specify that a
diabetes screening as defined by rule shall be included as a
required part of each health examination. Diabetes testing is
not required.
    Physicians licensed to practice medicine in all of its
branches, licensed advanced practice registered nurses, or
licensed physician assistants shall be responsible for the
performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing
screening, and shall sign all report forms required by
subsection (4) of this Section that pertain to those portions
of the health examination for which the physician, advanced
practice registered nurse, or physician assistant is
responsible. If a registered nurse performs any part of a
health examination, then a physician licensed to practice
medicine in all of its branches must review and sign all
required report forms. Licensed dentists shall perform all
dental examinations and shall sign all report forms required by
subsection (4) of this Section that pertain to the dental
examinations. Physicians licensed to practice medicine in all
its branches or licensed optometrists shall perform all eye
examinations required by this Section and shall sign all report
forms required by subsection (4) of this Section that pertain
to the eye examination. For purposes of this Section, an eye
examination shall at a minimum include history, visual acuity,
subjective refraction to best visual acuity near and far,
internal and external examination, and a glaucoma evaluation,
as well as any other tests or observations that in the
professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered
examinations as that term is used in this Section, shall be
conducted in accordance with rules and regulations of the
Department of Public Health, and by individuals whom the
Department of Public Health has certified. In these rules and
regulations, the Department of Public Health shall require that
individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision
screening is conducted, that states, "Vision screening is not a
substitute for a complete eye and vision evaluation by an eye
doctor. Your child is not required to undergo this vision
screening if an optometrist or ophthalmologist has completed
and signed a report form indicating that an examination has
been administered within the previous 12 months.".
    (2.5) With respect to the developmental screening and the
social and emotional screening portion of the health
examination, each child may present proof of having been
screened in accordance with this Section and the rules adopted
under this Section before October 15th of the school year. With
regard to the social and emotional screening only, the
examining health care provider shall only record whether or not
the screening was completed. If the child fails to present
proof of the developmental screening or the social and
emotional screening portions of the health examination by
October 15th of the school year, qualified school support
personnel may, with a parent's or guardian's consent, offer the
developmental screening or the social and emotional screening
to the child. Each public, private, and parochial school must
give notice of the developmental screening and social and
emotional screening requirements to the parents and guardians
of students in compliance with the rules of the Department of
Public Health. Nothing in this Section shall be construed to
allow a school to exclude a child from attending because of a
parent's or guardian's failure to obtain a developmental
screening or a social and emotional screening for the child.
Once a developmental screening or a social and emotional
screening is completed and proof has been presented to the
school, the school may, with a parent's or guardian's consent,
make available appropriate school personnel to work with the
parent or guardian, the child, and the provider who signed the
screening form to obtain any appropriate evaluations and
services as indicated on the form and in other information and
documentation provided by the parents, guardians, or provider.
    (3) Every child shall, at or about the same time as he or
she receives a health examination required by subsection (1) of
this Section, present to the local school proof of having
received such immunizations against preventable communicable
diseases as the Department of Public Health shall require by
rules and regulations promulgated pursuant to this Section and
the Communicable Disease Prevention Act.
    (4) The individuals conducting the health examination,
dental examination, or eye examination shall record the fact of
having conducted the examination, and such additional
information as required, including for a health examination
data relating to asthma and obesity (including at a minimum,
date of birth, gender, height, weight, blood pressure, and date
of exam), on uniform forms which the Department of Public
Health and the State Board of Education shall prescribe for
statewide use. The examiner shall summarize on the report form
any condition that he or she suspects indicates a need for
special services, including for a health examination factors
relating to asthma or obesity. The duty to summarize on the
report form does not apply to social and emotional screenings.
The confidentiality of the information and records relating to
the developmental screening and the social and emotional
screening shall be determined by the statutes, rules, and
professional ethics governing the type of provider conducting
the screening. The individuals confirming the administration
of required immunizations shall record as indicated on the form
that the immunizations were administered.
    (5) If a child does not submit proof of having had either
the health examination or the immunization as required, then
the child shall be examined or receive the immunization, as the
case may be, and present proof by October 15 of the current
school year, or by an earlier date of the current school year
established by a school district. To establish a date before
October 15 of the current school year for the health
examination or immunization as required, a school district must
give notice of the requirements of this Section 60 days prior
to the earlier established date. If for medical reasons one or
more of the required immunizations must be given after October
15 of the current school year, or after an earlier established
date of the current school year, then the child shall present,
by October 15, or by the earlier established date, a schedule
for the administration of the immunizations and a statement of
the medical reasons causing the delay, both the schedule and
the statement being issued by the physician, advanced practice
registered nurse, physician assistant, registered nurse, or
local health department that will be responsible for
administration of the remaining required immunizations. If a
child does not comply by October 15, or by the earlier
established date of the current school year, with the
requirements of this subsection, then the local school
authority shall exclude that child from school until such time
as the child presents proof of having had the health
examination as required and presents proof of having received
those required immunizations which are medically possible to
receive immediately. During a child's exclusion from school for
noncompliance with this subsection, the child's parents or
legal guardian shall be considered in violation of Section 26-1
and subject to any penalty imposed by Section 26-10. This
subsection (5) does not apply to dental examinations, eye
examinations, and the developmental screening and the social
and emotional screening portions of the health examination. If
the student is an out-of-state transfer student and does not
have the proof required under this subsection (5) before
October 15 of the current year or whatever date is set by the
school district, then he or she may only attend classes (i) if
he or she has proof that an appointment for the required
vaccinations has been scheduled with a party authorized to
submit proof of the required vaccinations. If the proof of
vaccination required under this subsection (5) is not submitted
within 30 days after the student is permitted to attend
classes, then the student is not to be permitted to attend
classes until proof of the vaccinations has been properly
submitted. No school district or employee of a school district
shall be held liable for any injury or illness to another
person that results from admitting an out-of-state transfer
student to class that has an appointment scheduled pursuant to
this subsection (5).
    (6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency shall
require, the number of children who have received the necessary
immunizations and the health examination (other than a dental
examination or eye examination) as required, indicating, of
those who have not received the immunizations and examination
as required, the number of children who are exempt from health
examination and immunization requirements on religious or
medical grounds as provided in subsection (8). On or before
December 1 of each year, every public school district and
registered nonpublic school shall make publicly available the
immunization data they are required to submit to the State
Board of Education by November 15. The immunization data made
publicly available must be identical to the data the school
district or school has reported to the State Board of
Education.
    Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required dental
examination, indicating, of those who have not received the
required dental examination, the number of children who are
exempt from the dental examination on religious grounds as
provided in subsection (8) of this Section and the number of
children who have received a waiver under subsection (1.5) of
this Section.
    Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required eye
examination, indicating, of those who have not received the
required eye examination, the number of children who are exempt
from the eye examination as provided in subsection (8) of this
Section, the number of children who have received a waiver
under subsection (1.10) of this Section, and the total number
of children in noncompliance with the eye examination
requirement.
    The reported information under this subsection (6) shall be
provided to the Department of Public Health by the State Board
of Education.
    (7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this
Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant to
Section 18-8.05 or 18-8.15 to the school district for such year
may be withheld by the State Board of Education until the
number of students in compliance with subsection (5) is the
applicable specified percentage or higher.
    (8) Children of parents or legal guardians who object to
health, dental, or eye examinations or any part thereof, to
immunizations, or to vision and hearing screening tests on
religious grounds shall not be required to undergo the
examinations, tests, or immunizations to which they so object
if such parents or legal guardians present to the appropriate
local school authority a signed Certificate of Religious
Exemption detailing the grounds for objection and the specific
immunizations, tests, or examinations to which they object. The
grounds for objection must set forth the specific religious
belief that conflicts with the examination, test,
immunization, or other medical intervention. The signed
certificate shall also reflect the parent's or legal guardian's
understanding of the school's exclusion policies in the case of
a vaccine-preventable disease outbreak or exposure. The
certificate must also be signed by the authorized examining
health care provider responsible for the performance of the
child's health examination confirming that the provider
provided education to the parent or legal guardian on the
benefits of immunization and the health risks to the student
and to the community of the communicable diseases for which
immunization is required in this State. However, the health
care provider's signature on the certificate reflects only that
education was provided and does not allow a health care
provider grounds to determine a religious exemption. Those
receiving immunizations required under this Code shall be
provided with the relevant vaccine information statements that
are required to be disseminated by the federal National
Childhood Vaccine Injury Act of 1986, which may contain
information on circumstances when a vaccine should not be
administered, prior to administering a vaccine. A healthcare
provider may consider including without limitation the
nationally accepted recommendations from federal agencies such
as the Advisory Committee on Immunization Practices, the
information outlined in the relevant vaccine information
statement, and vaccine package inserts, along with the
healthcare provider's clinical judgment, to determine whether
any child may be more susceptible to experiencing an adverse
vaccine reaction than the general population, and, if so, the
healthcare provider may exempt the child from an immunization
or adopt an individualized immunization schedule. The
Certificate of Religious Exemption shall be created by the
Department of Public Health and shall be made available and
used by parents and legal guardians by the beginning of the
2015-2016 school year. Parents or legal guardians must submit
the Certificate of Religious Exemption to their local school
authority prior to entering kindergarten, sixth grade, and
ninth grade for each child for which they are requesting an
exemption. The religious objection stated need not be directed
by the tenets of an established religious organization.
However, general philosophical or moral reluctance to allow
physical examinations, eye examinations, immunizations, vision
and hearing screenings, or dental examinations does not provide
a sufficient basis for an exception to statutory requirements.
The local school authority is responsible for determining if
the content of the Certificate of Religious Exemption
constitutes a valid religious objection. The local school
authority shall inform the parent or legal guardian of
exclusion procedures, in accordance with the Department's
rules under Part 690 of Title 77 of the Illinois Administrative
Code, at the time the objection is presented.
    If the physical condition of the child is such that any one
or more of the immunizing agents should not be administered,
the examining physician, advanced practice registered nurse,
or physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health
examination form.
    Exempting a child from the health, dental, or eye
examination does not exempt the child from participation in the
program of physical education training provided in Sections
27-5 through 27-7 of this Code.
    (8.5) The school board of a school district shall include
informational materials regarding influenza and influenza
vaccinations and meningococcal disease and meningococcal
vaccinations developed, provided, or approved by the
Department of Public Health under Section 2310-700 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois when the board provides
information on immunizations, infectious diseases,
medications, or other school health issues to the parents or
guardians of students.
    (9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
eff. 7-12-19.)
 
    (105 ILCS 5/27-21)  (from Ch. 122, par. 27-21)
    (Text of Section before amendment by P.A. 101-227)
    Sec. 27-21. History of United States. History of the United
States shall be taught in all public schools and in all other
educational institutions in this State supported or
maintained, in whole or in part, by public funds. The teaching
of history shall have as one of its objectives the imparting to
pupils of a comprehensive idea of our democratic form of
government and the principles for which our government stands
as regards other nations, including the studying of the place
of our government in world-wide movements and the leaders
thereof, with particular stress upon the basic principles and
ideals of our representative form of government. The teaching
of history shall include a study of the role and contributions
of African Americans and other ethnic groups, including, but
not restricted to, Polish, Lithuanian, German, Hungarian,
Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
French, Scots, Hispanics, Asian Americans, etc., in the history
of this country and this State. To reinforce the study of the
role and contributions of Hispanics, such curriculum shall
include the study of the events related to the forceful removal
and illegal deportation of Mexican-American U.S. citizens
during the Great Depression. The teaching of history also shall
include a study of the role of labor unions and their
interaction with government in achieving the goals of a mixed
free enterprise system. Beginning with the 2020-2021 school
year, the teaching of history must also include instruction on
the history of Illinois. No pupils shall be graduated from the
eighth grade of any public school unless he has received such
instruction in the history of the United States and gives
evidence of having a comprehensive knowledge thereof, which may
be administered remotely.
(Source: P.A. 101-341, eff. 1-1-20; revised 9-19-19.)
 
    (Text of Section after amendment by P.A. 101-227)
    Sec. 27-21. History of United States. History of the United
States shall be taught in all public schools and in all other
educational institutions in this State supported or
maintained, in whole or in part, by public funds. The teaching
of history shall have as one of its objectives the imparting to
pupils of a comprehensive idea of our democratic form of
government and the principles for which our government stands
as regards other nations, including the studying of the place
of our government in world-wide movements and the leaders
thereof, with particular stress upon the basic principles and
ideals of our representative form of government. The teaching
of history shall include a study of the role and contributions
of African Americans and other ethnic groups, including, but
not restricted to, Polish, Lithuanian, German, Hungarian,
Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
French, Scots, Hispanics, Asian Americans, etc., in the history
of this country and this State. To reinforce the study of the
role and contributions of Hispanics, such curriculum shall
include the study of the events related to the forceful removal
and illegal deportation of Mexican-American U.S. citizens
during the Great Depression. In public schools only, the
teaching of history shall include a study of the roles and
contributions of lesbian, gay, bisexual, and transgender
people in the history of this country and this State. The
teaching of history also shall include a study of the role of
labor unions and their interaction with government in achieving
the goals of a mixed free enterprise system. Beginning with the
2020-2021 school year, the teaching of history must also
include instruction on the history of Illinois. No pupils shall
be graduated from the eighth grade of any public school unless
he or she has received such instruction in the history of the
United States and gives evidence of having a comprehensive
knowledge thereof, which may be administered remotely.
(Source: P.A. 101-227, eff. 7-1-20; 101-341, eff. 1-1-20;
revised 9-19-19.)
 
    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
    Sec. 27-22. Required high school courses.
    (a) (Blank).
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) As a prerequisite to receiving a high school diploma,
each pupil entering the 9th grade must, in addition to other
course requirements, successfully complete all of the
following courses:
        (1) Four years of language arts.
        (2) Two years of writing intensive courses, one of
    which must be English and the other of which may be English
    or any other subject. When applicable, writing-intensive
    courses may be counted towards the fulfillment of other
    graduation requirements.
        (3) Three years of mathematics, one of which must be
    Algebra I, one of which must include geometry content, and
    one of which may be an Advanced Placement computer science
    course. A mathematics course that includes geometry
    content may be offered as an integrated, applied,
    interdisciplinary, or career and technical education
    course that prepares a student for a career readiness path.
        (4) Two years of science.
        (5) Two years of social studies, of which at least one
    year must be history of the United States or a combination
    of history of the United States and American government
    and, beginning with pupils entering the 9th grade in the
    2016-2017 school year and each school year thereafter, at
    least one semester must be civics, which shall help young
    people acquire and learn to use the skills, knowledge, and
    attitudes that will prepare them to be competent and
    responsible citizens throughout their lives. Civics course
    content shall focus on government institutions, the
    discussion of current and controversial issues, service
    learning, and simulations of the democratic process.
    School districts may utilize private funding available for
    the purposes of offering civics education.
        (6) One year chosen from (A) music, (B) art, (C)
    foreign language, which shall be deemed to include American
    Sign Language, or (D) vocational education.
    (f) The State Board of Education shall develop and inform
school districts of standards for writing-intensive
coursework.
    (f-5) If a school district offers an Advanced Placement
computer science course to high school students, then the
school board must designate that course as equivalent to a high
school mathematics course and must denote on the student's
transcript that the Advanced Placement computer science course
qualifies as a mathematics-based, quantitative course for
students in accordance with subdivision (3) of subsection (e)
of this Section.
    (g) This amendatory Act of 1983 does not apply to pupils
entering the 9th grade in 1983-1984 school year and prior
school years or to students with disabilities whose course of
study is determined by an individualized education program.
    This amendatory Act of the 94th General Assembly does not
apply to pupils entering the 9th grade in the 2004-2005 school
year or a prior school year or to students with disabilities
whose course of study is determined by an individualized
education program.
    (h) The provisions of this Section are subject to the
provisions of Section 27-22.05 of this Code and the
Postsecondary and Workforce Readiness Act.
    (i) The State Board of Education may adopt rules to modify
the requirements of this Section for any students enrolled in
grades 9 through 12 if the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act.
(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20.)
 
    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
    Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
    (a) A local school council shall be established for each
attendance center within the school district. Each local school
council shall consist of the following 12 voting members: the
principal of the attendance center, 2 teachers employed and
assigned to perform the majority of their employment duties at
the attendance center, 6 parents of students currently enrolled
at the attendance center, one employee of the school district
employed and assigned to perform the majority of his or her
employment duties at the attendance center who is not a
teacher, and 2 community residents. Neither the parents nor the
community residents who serve as members of the local school
council shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 13 voting members -- the 12 voting members described
above and one full-time student member, appointed as provided
in subsection (m) below. In the event that the chief executive
officer of the Chicago School Reform Board of Trustees
determines that a local school council is not carrying out its
financial duties effectively, the chief executive officer is
authorized to appoint a representative of the business
community with experience in finance and management to serve as
an advisor to the local school council for the purpose of
providing advice and assistance to the local school council on
fiscal matters. The advisor shall have access to relevant
financial records of the local school council. The advisor may
attend executive sessions. The chief executive officer shall
issue a written policy defining the circumstances under which a
local school council is not carrying out its financial duties
effectively.
    (b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be a
parent member and a Secretary) of each local school council who
shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all the
powers and duties of local school councils as set forth in this
amendatory Act of 1991. The Mayor's appointments shall not
require approval by the City Council.
    The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance center
served by the local school council.
    (c) Beginning with the 1995-1996 school year and in every
even-numbered year thereafter, the Board shall set second
semester Parent Report Card Pick-up Day for Local School
Council elections and may schedule elections at year-round
schools for the same dates as the remainder of the school
system. Elections shall be conducted as provided herein by the
Board of Education in consultation with the local school
council at each attendance center.
    (c-5) Notwithstanding subsection (c), for the local school
council election set for the 2019-2020 school year, the Board
may hold the election on the first semester Parent Report Card
Pick-up Day of the 2020-2021 school year, making any necessary
modifications to the election process or date to comply with
guidance from the Department of Public Health and the federal
Centers for Disease Control and Prevention. The terms of office
of all local school council members eligible to serve and
seated on or after March 23, 2020 through January 10, 2021 are
extended through January 10, 2021, provided that the members
continue to meet eligibility requirements for local school
council membership.
    (d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council
members at each attendance center:
        (i) The elected members of each local school council
    shall consist of the 6 parent members and the 2 community
    resident members.
        (ii) Each elected member shall be elected by the
    eligible voters of that attendance center to serve for a
    two-year term commencing on July 1 immediately following
    the election described in subsection (c), except that the
    terms of members elected to a local school council under
    subsection (c-5) shall commence on January 11, 2021 and end
    on July 1, 2022. Eligible voters for each attendance center
    shall consist of the parents and community residents for
    that attendance center.
        (iii) Each eligible voter shall be entitled to cast one
    vote for up to a total of 5 candidates, irrespective of
    whether such candidates are parent or community resident
    candidates.
        (iv) Each parent voter shall be entitled to vote in the
    local school council election at each attendance center in
    which he or she has a child currently enrolled. Each
    community resident voter shall be entitled to vote in the
    local school council election at each attendance center for
    which he or she resides in the applicable attendance area
    or voting district, as the case may be.
        (v) Each eligible voter shall be entitled to vote once,
    but not more than once, in the local school council
    election at each attendance center at which the voter is
    eligible to vote.
        (vi) The 2 teacher members and the non-teacher employee
    member of each local school council shall be appointed as
    provided in subsection (l) below each to serve for a
    two-year term coinciding with that of the elected parent
    and community resident members. From March 23, 2020 through
    January 10, 2021, the chief executive officer or his or her
    designee may make accommodations to fill the vacancy of a
    teacher or non-teacher employee member of a local school
    council.
        (vii) At secondary attendance centers, the voting
    student member shall be appointed as provided in subsection
    (m) below to serve for a one-year term coinciding with the
    beginning of the terms of the elected parent and community
    members of the local school council. For the 2020-2021
    school year, the chief executive officer or his or her
    designee may make accommodations to fill the vacancy of a
    student member of a local school council.
    (e) The Council shall publicize the date and place of the
election by posting notices at the attendance center, in public
places within the attendance boundaries of the attendance
center and by distributing notices to the pupils at the
attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters.
    (f) Nomination. The Council shall publicize the opening of
nominations by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at
the attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters. Not less than 2 weeks before the election date, persons
eligible to run for the Council shall submit their name, date
of birth, social security number, if available, and some
evidence of eligibility to the Council. The Council shall
encourage nomination of candidates reflecting the
racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall
disclose, in a manner determined by the Board, any economic
interest held by such person, by such person's spouse or
children, or by each business entity in which such person has
an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district. Each person nominated who runs as a candidate shall
also disclose, in a manner determined by the Board, if he or
she ever has been convicted of any of the offenses specified in
subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be
deemed to require the disclosure of any information that is
contained in any law enforcement record or juvenile court
record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile Court Act of 1987. Failure to make such
disclosure shall render a person ineligible for election or to
serve on the local school council. The same disclosure shall be
required of persons under consideration for appointment to the
Council pursuant to subsections (l) and (m) of this Section.
    (f-5) Notwithstanding disclosure, a person who has been
convicted of any of the following offenses at any time shall be
ineligible for election or appointment to a local school
council and ineligible for appointment to a local school
council pursuant to subsections (l) and (m) of this Section:
(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
Section 11-14.3, of the Criminal Code of 1961 or the Criminal
Code of 2012, or (ii) any offense committed or attempted in any
other state or against the laws of the United States, which, if
committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses.
Notwithstanding disclosure, a person who has been convicted of
any of the following offenses within the 10 years previous to
the date of nomination or appointment shall be ineligible for
election or appointment to a local school council: (i) those
defined in Section 401.1, 405.1, or 405.2 of the Illinois
Controlled Substances Act or (ii) any offense committed or
attempted in any other state or against the laws of the United
States, which, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.
    Immediately upon election or appointment, incoming local
school council members shall be required to undergo a criminal
background investigation, to be completed prior to the member
taking office, in order to identify any criminal convictions
under the offenses enumerated in Section 34-18.5. The
investigation shall be conducted by the Department of State
Police in the same manner as provided for in Section 34-18.5.
However, notwithstanding Section 34-18.5, the social security
number shall be provided only if available. If it is determined
at any time that a local school council member or member-elect
has been convicted of any of the offenses enumerated in this
Section or failed to disclose a conviction of any of the
offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or
member-elect of such determination and the local school council
member or member-elect shall be removed from the local school
council by the Board, subject to a hearing, convened pursuant
to Board rule, prior to removal.
    (g) At least one week before the election date, the Council
shall publicize, in the manner provided in subsection (e), the
names of persons nominated for election.
    (h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00 p.m.
    (i) Candidates receiving the highest number of votes shall
be declared elected by the Council. In cases of a tie, the
Council shall determine the winner by lot.
    (j) The Council shall certify the results of the election
and shall publish the results in the minutes of the Council.
    (k) The general superintendent shall resolve any disputes
concerning election procedure or results and shall ensure that,
except as provided in subsections (e) and (g), no resources of
any attendance center shall be used to endorse or promote any
candidate.
    (l) Beginning with the 1995-1996 school year and in every
even numbered year thereafter, the Board shall appoint 2
teacher members to each local school council. These
appointments shall be made in the following manner:
        (i) The Board shall appoint 2 teachers who are employed
    and assigned to perform the majority of their employment
    duties at the attendance center to serve on the local
    school council of the attendance center for a two-year term
    coinciding with the terms of the elected parent and
    community members of that local school council. These
    appointments shall be made from among those teachers who
    are nominated in accordance with subsection (f).
        (ii) A non-binding, advisory poll to ascertain the
    preferences of the school staff regarding appointments of
    teachers to the local school council for that attendance
    center shall be conducted in accordance with the procedures
    used to elect parent and community Council
    representatives. At such poll, each member of the school
    staff shall be entitled to indicate his or her preference
    for up to 2 candidates from among those who submitted
    statements of candidacy as described above. These
    preferences shall be advisory only and the Board shall
    maintain absolute discretion to appoint teacher members to
    local school councils, irrespective of the preferences
    expressed in any such poll.
        (iii) In the event that a teacher representative is
    unable to perform his or her employment duties at the
    school due to illness, disability, leave of absence,
    disciplinary action, or any other reason, the Board shall
    declare a temporary vacancy and appoint a replacement
    teacher representative to serve on the local school council
    until such time as the teacher member originally appointed
    pursuant to this subsection (l) resumes service at the
    attendance center or for the remainder of the term. The
    replacement teacher representative shall be appointed in
    the same manner and by the same procedures as teacher
    representatives are appointed in subdivisions (i) and (ii)
    of this subsection (l).
    (m) Beginning with the 1995-1996 school year, and in every
year thereafter, the Board shall appoint one student member to
each secondary attendance center. These appointments shall be
made in the following manner:
        (i) Appointments shall be made from among those
    students who submit statements of candidacy to the
    principal of the attendance center, such statements to be
    submitted commencing on the first day of the twentieth week
    of school and continuing for 2 weeks thereafter. The form
    and manner of such candidacy statements shall be determined
    by the Board.
        (ii) During the twenty-second week of school in every
    year, the principal of each attendance center shall conduct
    a non-binding, advisory poll to ascertain the preferences
    of the school students regarding the appointment of a
    student to the local school council for that attendance
    center. At such poll, each student shall be entitled to
    indicate his or her preference for up to one candidate from
    among those who submitted statements of candidacy as
    described above. The Board shall promulgate rules to ensure
    that these non-binding, advisory polls are conducted in a
    fair and equitable manner and maximize the involvement of
    all school students. The preferences expressed in these
    non-binding, advisory polls shall be transmitted by the
    principal to the Board. However, these preferences shall be
    advisory only and the Board shall maintain absolute
    discretion to appoint student members to local school
    councils, irrespective of the preferences expressed in any
    such poll.
        (iii) For the 1995-96 school year only, appointments
    shall be made from among those students who submitted
    statements of candidacy to the principal of the attendance
    center during the first 2 weeks of the school year. The
    principal shall communicate the results of any nonbinding,
    advisory poll to the Board. These results shall be advisory
    only, and the Board shall maintain absolute discretion to
    appoint student members to local school councils,
    irrespective of the preferences expressed in any such poll.
    (n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed necessary
to ensure fair elections.
    (o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the vacancy,
except that any teacher vacancy shall be filled by the Board
after considering the preferences of the school staff as
ascertained through a non-binding advisory poll of school
staff.
    (p) If less than the specified number of persons is elected
within each candidate category, the newly elected local school
council shall appoint eligible persons to serve as members of
the Council for two-year terms.
    (q) The Board shall promulgate rules regarding conflicts of
interest and disclosure of economic interests which shall apply
to local school council members and which shall require reports
or statements to be filed by Council members at regular
intervals with the Secretary of the Board. Failure to comply
with such rules or intentionally falsifying such reports shall
be grounds for disqualification from local school council
membership. A vacancy on the Council for disqualification may
be so declared by the Secretary of the Board. Rules regarding
conflicts of interest and disclosure of economic interests
promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the
general superintendent shall provide notice, by mail, to each
local school council member of all requirements and forms for
compliance with economic interest statements.
    (r) (1) If a parent member of a local school council ceases
to have any child enrolled in the attendance center governed by
the Local School Council due to the graduation or voluntary
transfer of a child or children from the attendance center, the
parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's
graduation or voluntary transfer. If the child of a parent
member of a local school council dies during the member's term
in office, the member may continue to serve on the local school
council for the balance of his or her term. Further, a local
school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of
Section 34-2.2 if the Council member has missed 3 consecutive
regular meetings, not including committee meetings, or 5
regular meetings in a 12 month period, not including committee
meetings. If a parent member of a local school council ceases
to be eligible to serve on the Council for any other reason, he
or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal. A vote to
remove a Council member by the local school council shall only
be valid if the Council member has been notified personally or
by certified mail, mailed to the person's last known address,
of the Council's intent to vote on the Council member's removal
at least 7 days prior to the vote. The Council member in
question shall have the right to explain his or her actions and
shall be eligible to vote on the question of his or her removal
from the Council. The provisions of this subsection shall be
contained within the petitions used to nominate Council
candidates.
    (2) A person may continue to serve as a community resident
member of a local school council as long as he or she resides
in the attendance area served by the school and is not employed
by the Board nor is a parent of a student enrolled at the
school. If a community resident member ceases to be eligible to
serve on the Council, he or she shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior to
removal.
    (3) A person may continue to serve as a teacher member of a
local school council as long as he or she is employed and
assigned to perform a majority of his or her duties at the
school, provided that if the teacher representative resigns
from employment with the Board or voluntarily transfers to
another school, the teacher's membership on the local school
council and all voting rights are terminated immediately as of
the date of the teacher's resignation or upon the date of the
teacher's voluntary transfer to another school. If a teacher
member of a local school council ceases to be eligible to serve
on a local school council for any other reason, that member
shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
    (s) As used in this Section only, "community resident"
means a person, 17 years of age or older, residing within an
attendance area served by a school, excluding any person who is
a parent of a student enrolled in that school; provided that
with respect to any multi-area school, community resident means
any person, 17 years of age or older, residing within the
voting district established for that school pursuant to Section
34-2.1c, excluding any person who is a parent of a student
enrolled in that school. This definition does not apply to any
provisions concerning school boards.
(Source: P.A. 99-597, eff. 1-1-17.)
 
    (105 ILCS 5/34-2.2)  (from Ch. 122, par. 34-2.2)
    Sec. 34-2.2. Local school councils - Manner of operation.
    (a) The annual organizational meeting of each local school
council shall be held at the attendance center or via
videoconference or teleconference if guidance from the
Department of Public Health or Centers for Disease Control and
Prevention limits the size of in-person meetings at the time of
the meeting. At the annual organization meeting, which shall be
held no sooner than July 1 and no later than July 14, a parent
member of the local school council shall be selected by the
members of such council as its chairperson, and a secretary
shall be selected by the members of such council from among
their number, each to serve a term of one year. However, an
organizational meeting held by members elected to a local
school council under subsection (c-5) of Section 34-2.1 may be
held no sooner than January 11, 2021 and no later than January
31, 2021. Whenever a vacancy in the office of chairperson or
secretary of a local school council shall occur, a new
chairperson (who shall be a parent member) or secretary, as the
case may be, shall be elected by the members of the local
school council from among their number to serve as such
chairperson or secretary for the unexpired term of office in
which the vacancy occurs. At each annual organizational
meeting, the time and place of any regular meetings of the
local school council shall be fixed. Special meetings of the
local school council may be called by the chairperson or by any
4 members by giving notice thereof in writing, specifying the
time, place and purpose of the meeting. Public notice of
meetings shall also be given in accordance with the Open
Meetings Act.
    (b) Members and officers of the local school council shall
serve without compensation and without reimbursement of any
expenses incurred in the performance of their duties, except
that the board of education may by rule establish a procedure
and thereunder provide for reimbursement of members and
officers of local school councils for such of their reasonable
and necessary expenses (excluding any lodging or meal expenses)
incurred in the performance of their duties as the board may
deem appropriate.
    (c) A majority of the full membership of the local school
council shall constitute a quorum, and whenever a vote is taken
on any measure before the local school council, a quorum being
present, the affirmative vote of a majority of the votes of the
full membership then serving of the local school council shall
determine the outcome thereof; provided that whenever the
measure before the local school council is (i) the evaluation
of the principal, or (ii) the renewal of his or her performance
contract or the inclusion of any provision or modification of
the contract, or (iii) the direct selection by the local school
council of a new principal (including a new principal to fill a
vacancy) to serve under a 4 year performance contract, or (iv)
the determination of the names of candidates to be submitted to
the general superintendent for the position of principal, the
principal and student member of a high school council shall not
be counted for purposes of determining whether a quorum is
present to act on the measure and shall have no vote thereon;
and provided further that 7 affirmative votes of the local
school council shall be required for the direct selection by
the local school council of a new principal to serve under a 4
year performance contract but not for the renewal of a
principal's performance contract.
    (d) Student members of high school councils shall not be
eligible to vote on personnel matters, including but not
limited to principal evaluations and contracts and the
allocation of teaching and staff resources.
    (e) The local school council of an attendance center which
provides bilingual education shall be encouraged to provide
translators at each council meeting to maximize participation
of parents and the community.
    (f) Each local school council of an attendance center which
provides bilingual education shall create a Bilingual Advisory
Committee or recognize an existing Bilingual Advisory
Committee as a standing committee. The Chair and a majority of
the members of the advisory committee shall be parents of
students in the bilingual education program. The parents on the
advisory committee shall be selected by parents of students in
the bilingual education program, and the committee shall select
a Chair. The advisory committee for each secondary attendance
center shall include at least one full-time bilingual education
student. The Bilingual Advisory Committee shall serve only in
an advisory capacity to the local school council.
    (g) Local school councils may utilize the services of an
arbitration board to resolve intra-council disputes.
(Source: P.A. 91-622, eff. 8-19-99.)
 
    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
    Sec. 34-18.5. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database.
    (a) Licensed and nonlicensed applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any disqualifying, enumerated criminal or drug
offense offenses in subsection (c) of this Section or have been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the applicant
to the school district, except that if the applicant is a
substitute teacher seeking employment in more than one school
district, or a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading
specialist, special education teacher or otherwise), or an
educational support personnel employee seeking employment
positions with more than one district, any such district may
require the applicant to furnish authorization for the check to
the regional superintendent of the educational service region
in which are located the school districts in which the
applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel
employee. Upon receipt of this authorization, the school
district or the appropriate regional superintendent, as the
case may be, shall submit the applicant's name, sex, race, date
of birth, social security number, fingerprint images, and other
identifiers, as prescribed by the Department of State Police,
to the Department. The regional superintendent submitting the
requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
that the check of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of
the school board for the school district that requested the
check, or to the regional superintendent who requested the
check. The Department shall charge the school district or the
appropriate regional superintendent a fee for conducting such
check, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and
the applicant shall not be charged a fee for such check by the
school district or by the regional superintendent. Subject to
appropriations for these purposes, the State Superintendent of
Education shall reimburse the school district and regional
superintendent for fees paid to obtain criminal history records
checks under this Section.
    (a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,
for each applicant. The check of the Statewide Sex Offender
Database must be conducted by the school district or regional
superintendent once for every 5 years that an applicant remains
employed by the school district.
    (a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the school
district or regional superintendent once for every 5 years that
an applicant remains employed by the school district.
    (b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Department of State Police by the
regional superintendent, the State Board of Education and the
school district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation
and Licensure Board or any other person necessary to the
decision of hiring the applicant for employment. A copy of the
record of convictions obtained from the Department of State
Police shall be provided to the applicant for employment. Upon
the check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Department of State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional superintendent
conducted a check of the Statewide Sex Offender Database or
Statewide Murderer and Violent Offender Against Youth
Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Department of State Police and its own
check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database as
provided in this Section. Any unauthorized release of
confidential information may be a violation of Section 7 of the
Criminal Identification Act.
    (b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with the school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
    (c) The board of education shall not knowingly employ a
person who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
Section 21B-80 of this Code, except as provided under
subsection (b) of 21B-80. Further, the board of education shall
not knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987. As a condition of employment, the
board of education must consider the status of a person who has
been issued an indicated finding of abuse or neglect of a child
by the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act or by a child welfare
agency of another jurisdiction.
    (d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check have has not been
initiated.
    (e) Within 10 days after the general superintendent of
schools, a regional office of education, or an entity that
provides background checks of license holders to public schools
receives information of a pending criminal charge against a
license holder for an offense set forth in Section 21B-80 of
this Code, the superintendent, regional office of education, or
entity must notify the State Superintendent of Education of the
pending criminal charge.
    No later than 15 business days after receipt of a record of
conviction or of checking the Statewide Murderer and Violent
Offender Against Youth Database or the Statewide Sex Offender
Database and finding a registration, the general
superintendent of schools or the applicable regional
superintendent shall, in writing, notify the State
Superintendent of Education of any license holder who has been
convicted of a crime set forth in Section 21B-80 of this Code.
Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any license issued pursuant to
Article 21B or Section 34-8.1 or 34-83 of this the School Code,
the State Superintendent of Education may initiate licensure
suspension and revocation proceedings as authorized by law. If
the receipt of the record of conviction or finding of child
abuse is received within 6 months after the initial grant of or
renewal of a license, the State Superintendent of Education may
rescind the license holder's license.
    (e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
license holder whom he or she has reasonable cause to believe
has committed an intentional act of abuse or neglect with the
result of making a child an abused child or a neglected child,
as defined in Section 3 of the Abused and Neglected Child
Reporting Act, and that act resulted in the license holder's
dismissal or resignation from the school district. This
notification must be submitted within 30 days after the
dismissal or resignation. The license holder must also be
contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the State Superintendent of
Education, the State Board of Education, or the State Educator
Preparation and Licensure Board under this subsection (e-5) is
confidential and must not be disclosed to third parties, except
(i) as necessary for the State Superintendent of Education or
his or her designee to investigate and prosecute pursuant to
Article 21B of this Code, (ii) pursuant to a court order, (iii)
for disclosure to the license holder or his or her
representative, or (iv) as otherwise provided in this Article
and provided that any such information admitted into evidence
in a hearing is exempt from this confidentiality and
non-disclosure requirement. Except for an act of willful or
wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
    (f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Department of State Police and
for conducting a check of the Statewide Sex Offender Database
for each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
    (f-5) Upon request of a school or school district, any
information obtained by the school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
    (g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district. Upon receipt of this
authorization and payment, the school district shall submit the
student teacher's name, sex, race, date of birth, social
security number, fingerprint images, and other identifiers, as
prescribed by the Department of State Police, to the Department
of State Police. The Department of State Police and the Federal
Bureau of Investigation shall furnish, pursuant to a
fingerprint-based criminal history records check, records of
convictions, forever and hereinafter, until expunged, to the
president of the board. The Department shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district shall further
perform a check of the Statewide Sex Offender Database, as
authorized by the Sex Offender Community Notification Law, and
of the Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. The
board may not knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex Offender
Database check, and a Statewide Murderer and Violent Offender
Against Youth Database check have not been completed and
reviewed by the district.
    A copy of the record of convictions obtained from the
Department of State Police must be provided to the student
teacher. Any information concerning the record of convictions
obtained by the president of the board is confidential and may
only be transmitted to the general superintendent of schools or
his or her designee, the State Superintendent of Education, the
State Educator Preparation and Licensure Board, or, for
clarification purposes, the Department of State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
    The board may not knowingly allow a person to student teach
who has been convicted of any offense that would subject him or
her to license suspension or revocation pursuant to subsection
(c) of Section 21B-80 of this Code, except as provided under
subsection (b) of Section 21B-80. Further, the board may not
allow a person to student teach if he or she has been found to
be the perpetrator of sexual or physical abuse of a minor under
18 years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987. The board must consider the status
of a person to student teach who has been issued an indicated
finding of abuse or neglect of a child by the Department of
Children and Family Services under the Abused and Neglected
Child Reporting Act or by a child welfare agency of another
jurisdiction.
    (h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
revised 9-19-19.)
 
    (105 ILCS 5/34-18.66 new)
    Sec. 34-18.66. Remote and blended remote learning. This
Section applies if the Governor has declared a disaster due to
a public health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
        (1) If the Governor has declared a disaster due to a
    public health emergency pursuant to Section 7 of the
    Illinois Emergency Management Agency Act, the State
    Superintendent of Education may declare a requirement to
    use remote learning days or blended remote learning days
    for the school district, multiple school districts, a
    region, or the entire State. During remote learning days,
    schools shall conduct instruction remotely. During blended
    remote learning days, schools may utilize hybrid models of
    in-person and remote instruction. Once declared, remote
    learning days or blended remote learning days shall be
    implemented in grades pre-kindergarten through 12 as days
    of attendance and shall be deemed pupil attendance days for
    calculation of the length of a school term under Section
    10-19.
        (2) For purposes of this Section, a remote learning day
    or blended remote learning day may be met through the
    district's implementation of an e-learning program under
    Section 10-20.56.
        (3) If the district does not implement an e-learning
    program under Section 10-20.56, the district shall adopt a
    remote and blended remote learning day plan approved by the
    general superintendent of schools. The district may
    utilize remote and blended remote learning planning days,
    consecutively or in separate increments, to develop,
    review, or amend its remote and blended remote learning day
    plan or provide professional development to staff
    regarding remote education. Up to 5 remote and blended
    remote learning planning days may be deemed pupil
    attendance days for calculation of the length of a school
    term under Section 10-19.
        (4) Each remote and blended remote learning day plan
    shall address the following:
            (i) accessibility of the remote instruction to all
        students enrolled in the district;
            (ii) if applicable, a requirement that the remote
        learning day and blended remote learning day
        activities reflect State learning standards;
            (iii) a means for students to confer with an
        educator, as necessary;
            (iv) the unique needs of students in special
        populations, including, but not limited to, students
        eligible for special education under Article 14,
        students who are English learners as defined in Section
        14C-2, and students experiencing homelessness under
        the Education for Homeless Children Act, or vulnerable
        student populations;
            (v) how the district will take attendance and
        monitor and verify each student's remote
        participation; and
            (vi) transitions from remote learning to on-site
        learning upon the State Superintendent's declaration
        that remote learning days or blended remote learning
        days are no longer deemed necessary.
        (5) The general superintendent of schools shall
    periodically review and amend the district's remote and
    blended remote learning day plan, as needed, to ensure the
    plan meets the needs of all students.
        (6) Each remote and blended remote learning day plan
    shall be posted on the district's Internet website where
    other policies, rules, and standards of conduct are posted
    and shall be provided to students and faculty.
        (7) This Section does not create any additional
    employee bargaining rights and does not remove any employee
    bargaining rights.
        (8) Statutory and regulatory curricular mandates and
    offerings may be administered via the district's remote and
    blended remote learning day plan, except that the district
    may not offer individual behind-the-wheel instruction
    required by Section 27-24.2 via the district's remote and
    blended remote learning day plan. This Section does not
    relieve schools and the district from completing all
    statutory and regulatory curricular mandates and
    offerings.
 
    (105 ILCS 5/34-85)  (from Ch. 122, par. 34-85)
    Sec. 34-85. Removal for cause; notice and hearing;
suspension.
    (a) No teacher employed by the board of education shall
(after serving the probationary period specified in Section
34-84) be removed except for cause. Teachers (who have
completed the probationary period specified in Section 34-84 of
this Code) shall be removed for cause in accordance with the
procedures set forth in this Section or, at the board's option,
the procedures set forth in Section 24-16.5 of this Code or
such other procedures established in an agreement entered into
between the board and the exclusive representative of the
district's teachers under Section 34-85c of this Code for
teachers (who have completed the probationary period specified
in Section 34-84 of this Code) assigned to schools identified
in that agreement. No principal employed by the board of
education shall be removed during the term of his or her
performance contract except for cause, which may include but is
not limited to the principal's repeated failure to implement
the school improvement plan or to comply with the provisions of
the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the
performance contract pursuant to Section 34-2.3.
    Before service of notice of charges on account of causes
that may be deemed to be remediable, the teacher or principal
must be given reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if the
causes have been the subject of a remediation plan pursuant to
Article 24A of this Code or if the board and the exclusive
representative of the district's teachers have entered into an
agreement pursuant to Section 34-85c of this Code, pursuant to
an alternative system of remediation. No written warning shall
be required for conduct on the part of a teacher or principal
that is cruel, immoral, negligent, or criminal or that in any
way causes psychological or physical harm or injury to a
student, as that conduct is deemed to be irremediable. No
written warning shall be required for a material breach of the
uniform principal performance contract, as that conduct is
deemed to be irremediable; provided that not less than 30 days
before the vote of the local school council to seek the
dismissal of a principal for a material breach of a uniform
principal performance contract, the local school council shall
specify the nature of the alleged breach in writing and provide
a copy of it to the principal.
        (1) To initiate dismissal proceedings against a
    teacher or principal, the general superintendent must
    first approve written charges and specifications against
    the teacher or principal. A local school council may direct
    the general superintendent to approve written charges
    against its principal on behalf of the Council upon the
    vote of 7 members of the Council. The general
    superintendent must approve those charges within 45
    calendar days or provide a written reason for not approving
    those charges. A written notice of those charges, including
    specifications, shall be served upon the teacher or
    principal within 10 business days of the approval of the
    charges. Any written notice sent on or after July 1, 2012
    shall also inform the teacher or principal of the right to
    request a hearing before a mutually selected hearing
    officer, with the cost of the hearing officer split equally
    between the teacher or principal and the board, or a
    hearing before a qualified hearing officer chosen by the
    general superintendent, with the cost of the hearing
    officer paid by the board. If the teacher or principal
    cannot be found upon diligent inquiry, such charges may be
    served upon him by mailing a copy thereof in a sealed
    envelope by prepaid certified mail, return receipt
    requested, to the teacher's or principal's last known
    address. A return receipt showing delivery to such address
    within 20 calendar days after the date of the approval of
    the charges shall constitute proof of service.
        (2) No hearing upon the charges is required unless the
    teacher or principal within 17 calendar days after
    receiving notice requests in writing of the general
    superintendent that a hearing be scheduled. Pending the
    hearing of the charges, the general superintendent or his
    or her designee may suspend the teacher or principal
    charged without pay in accordance with rules prescribed by
    the board, provided that if the teacher or principal
    charged is not dismissed based on the charges, he or she
    must be made whole for lost earnings, less setoffs for
    mitigation.
        (3) The board shall maintain a list of at least 9
    qualified hearing officers who will conduct hearings on
    charges and specifications. The list must be developed in
    good faith consultation with the exclusive representative
    of the board's teachers and professional associations that
    represent the board's principals. The list may be revised
    on July 1st of each year or earlier as needed. To be a
    qualified hearing officer, the person must (i) be
    accredited by a national arbitration organization and have
    had a minimum of 5 years of experience as an arbitrator in
    cases involving labor and employment relations matters
    between employers and employees or their exclusive
    bargaining representatives and (ii) beginning September 1,
    2012, have participated in training provided or approved by
    the State Board of Education for teacher dismissal hearing
    officers so that he or she is familiar with issues
    generally involved in evaluative and non-evaluative
    dismissals.
        Within 5 business days after receiving the notice of
    request for a hearing, the general superintendent and the
    teacher or principal or their legal representatives shall
    alternately strike one name from the list until only one
    name remains. Unless waived by the teacher, the teacher or
    principal shall have the right to proceed first with the
    striking. If the teacher or principal fails to participate
    in the striking process, the general superintendent shall
    either select the hearing officer from the list developed
    pursuant to this paragraph (3) or select another qualified
    hearing officer from the master list maintained by the
    State Board of Education pursuant to subsection (c) of
    Section 24-12 of this Code.
        (4) If the notice of dismissal was sent to the teacher
    or principal before July 1, 2012, the fees and costs for
    the hearing officer shall be paid by the State Board of
    Education. If the notice of dismissal was sent to the
    teacher or principal on or after July 1, 2012, the hearing
    officer's fees and costs must be paid as follows in this
    paragraph (4). The fees and permissible costs for the
    hearing officer shall be determined by the State Board of
    Education. If the hearing officer is mutually selected by
    the parties through alternate striking in accordance with
    paragraph (3) of this subsection (a), then the board and
    the teacher or their legal representative shall each pay
    50% of the fees and costs and any supplemental allowance to
    which they agree. If the hearing officer is selected by the
    general superintendent without the participation of the
    teacher or principal, then the board shall pay 100% of the
    hearing officer fees and costs. The hearing officer shall
    submit for payment a billing statement to the parties that
    itemizes the charges and expenses and divides them in
    accordance with this Section.
        (5) The teacher or the principal charged is required to
    answer the charges and specifications and aver affirmative
    matters in his or her defense, and the time for doing so
    must be set by the hearing officer. The State Board of
    Education shall adopt rules so that each party has a fair
    opportunity to present its case and to ensure that the
    dismissal proceeding is concluded in an expeditious
    manner. The rules shall address, without limitation, the
    teacher or principal's answer and affirmative defenses to
    the charges and specifications; a requirement that each
    party make mandatory disclosures without request to the
    other party and then update the disclosure no later than 10
    calendar days prior to the commencement of the hearing,
    including a list of the names and addresses of persons who
    may be called as witnesses at the hearing, a summary of the
    facts or opinions each witness will testify to, and all
    other documents and materials, including information
    maintained electronically, relevant to its own as well as
    the other party's case (the hearing officer may exclude
    witnesses and exhibits not identified and shared, except
    those offered in rebuttal for which the party could not
    reasonably have anticipated prior to the hearing);
    pre-hearing discovery and preparation, including provision
    for written interrogatories and requests for production of
    documents, provided that discovery depositions are
    prohibited; the conduct of the hearing; the right of each
    party to be represented by counsel, the offer of evidence
    and witnesses and the cross-examination of witnesses; the
    authority of the hearing officer to issue subpoenas and
    subpoenas duces tecum, provided that the hearing officer
    may limit the number of witnesses to be subpoenaed in
    behalf of each party to no more than 7; the length of
    post-hearing briefs; and the form, length, and content of
    hearing officers' reports and recommendations to the
    general superintendent.
        The hearing officer shall commence the hearing within
    75 calendar days and conclude the hearing within 120
    calendar days after being selected by the parties as the
    hearing officer, provided that these timelines may be
    modified upon the showing of good cause or mutual agreement
    of the parties. Good cause for the purposes of this
    paragraph (5) shall mean the illness or otherwise
    unavoidable emergency of the teacher, district
    representative, their legal representatives, the hearing
    officer, or an essential witness as indicated in each
    party's pre-hearing submission. In a dismissal hearing in
    which a witness is a student or is under the age of 18, the
    hearing officer must make accommodations for the witness,
    as provided under paragraph (5.5) of this subsection. The
    hearing officer shall consider and give weight to all of
    the teacher's evaluations written pursuant to Article 24A
    that are relevant to the issues in the hearing. Except as
    otherwise provided under paragraph (5.5) of this
    subsection, the teacher or principal has the privilege of
    being present at the hearing with counsel and of
    cross-examining witnesses and may offer evidence and
    witnesses and present defenses to the charges. Each party
    shall have no more than 3 days to present its case, unless
    extended by the hearing officer to enable a party to
    present adequate evidence and testimony, including due to
    the other party's cross-examination of the party's
    witnesses, for good cause or by mutual agreement of the
    parties. The State Board of Education shall define in rules
    the meaning of "day" for such purposes. All testimony at
    the hearing shall be taken under oath administered by the
    hearing officer. The hearing officer shall cause a record
    of the proceedings to be kept and shall employ a competent
    reporter to take stenographic or stenotype notes of all the
    testimony. The costs of the reporter's attendance and
    services at the hearing shall be paid by the party or
    parties who are paying the fees and costs of the hearing
    officer. Either party desiring a transcript of the hearing
    shall pay for the cost thereof. At the close of the
    hearing, the hearing officer shall direct the parties to
    submit post-hearing briefs no later than 21 calendar days
    after receipt of the transcript. Either or both parties may
    waive submission of briefs.
        (5.5) In the case of charges involving sexual abuse or
    severe physical abuse of a student or a person under the
    age of 18, the hearing officer shall make alternative
    hearing procedures to protect a witness who is a student or
    who is under the age of 18 from being intimidated or
    traumatized. Alternative hearing procedures may include,
    but are not limited to: (i) testimony made via a
    telecommunication device in a location other than the
    hearing room and outside the physical presence of the
    teacher or principal and other hearing participants, (ii)
    testimony outside the physical presence of the teacher or
    principal, or (iii) non-public testimony. During a
    testimony described under this subsection, each party must
    be permitted to ask a witness who is a student or who is
    under 18 years of age all relevant questions and follow-up
    questions. All questions must exclude evidence of the
    witness' sexual behavior or predisposition, unless the
    evidence is offered to prove that someone other than the
    teacher subject to the dismissal hearing engaged in the
    charge at issue.
        (6) The hearing officer shall within 30 calendar days
    from the conclusion of the hearing report to the general
    superintendent findings of fact and a recommendation as to
    whether or not the teacher or principal shall be dismissed
    and shall give a copy of the report to both the teacher or
    principal and the general superintendent. The State Board
    of Education shall provide by rule the form of the hearing
    officer's report and recommendation.
        (7) The board, within 45 days of receipt of the hearing
    officer's findings of fact and recommendation, shall make a
    decision as to whether the teacher or principal shall be
    dismissed from its employ. The failure of the board to
    strictly adhere to the timeliness contained herein shall
    not render it without jurisdiction to dismiss the teacher
    or principal. In the event that the board declines to
    dismiss the teacher or principal after review of a hearing
    officer's recommendation, the board shall set the amount of
    back pay and benefits to award the teacher or principal,
    which shall include offsets for interim earnings and
    failure to mitigate losses. The board shall establish
    procedures for the teacher's or principal's submission of
    evidence to it regarding lost earnings, lost benefits,
    mitigation, and offsets. The decision of the board is final
    unless reviewed in accordance with paragraph (8) of this
    subsection (a).
        (8) The teacher may seek judicial review of the board's
    decision in accordance with the Administrative Review Law,
    which is specifically incorporated in this Section, except
    that the review must be initiated in the Illinois Appellate
    Court for the First District. In the event judicial review
    is instituted, any costs of preparing and filing the record
    of proceedings shall be paid by the party instituting the
    review. In the event the appellate court reverses a board
    decision to dismiss a teacher or principal and directs the
    board to pay the teacher or the principal back pay and
    benefits, the appellate court shall remand the matter to
    the board to issue an administrative decision as to the
    amount of back pay and benefits, which shall include a
    calculation of the lost earnings, lost benefits,
    mitigation, and offsets based on evidence submitted to the
    board in accordance with procedures established by the
    board.
        (9) If the Governor has declared a disaster due to a
    public health emergency pursuant to Section 7 of the
    Illinois Emergency Management Act, except if the parties
    mutually agree otherwise and the agreement is in writing,
    the requirements of this Section pertaining to prehearings
    and hearings are paused and do not begin to toll until the
    proclamation declaring the disaster is no longer in effect.
    If mutually agreed to and reduced in writing, the parties
    may proceed with the prehearing and hearing requirements of
    this Section connected to the appointment and selection of
    a hearing officer and those connected to commencing and
    concluding a hearing. Any hearing convened during a public
    health emergency pursuant to Section 7 of the Illinois
    Emergency Management Agency Act may be convened remotely.
    Any hearing officer for a hearing convened during a public
    health emergency pursuant to Section 7 of the Illinois
    Emergency Management Agency Act may voluntarily withdraw
    from the hearing and another hearing officer shall be
    selected or appointed pursuant to this Section.
    (b) Nothing in this Section affects the validity of removal
for cause hearings commenced prior to June 13, 2011 (the
effective date of Public Act 97-8).
    The changes made by Public Act 97-8 shall apply to
dismissals instituted on or after September 1, 2011 or the
effective date of Public Act 97-8, whichever is later. Any
dismissal instituted prior to the effective date of these
changes must be carried out in accordance with the requirements
of this Section prior to amendment by Public Act 97-8.
(Source: P.A. 101-531, eff. 8-23-19.)
 
    (105 ILCS 5/34-85c)
    Sec. 34-85c. Alternative procedures for teacher
evaluation, remediation, and removal for cause after
remediation.
    (a) Notwithstanding any law to the contrary, the board and
the exclusive representative of the district's teachers are
hereby authorized to enter into an agreement to establish
alternative procedures for teacher evaluation, remediation,
and removal for cause after remediation, including an
alternative system for peer evaluation and recommendations;
provided, however, that no later than September 1, 2012: (i)
any alternative procedures must include provisions whereby
student performance data is a significant factor in teacher
evaluation and (ii) teachers are rated as "excellent",
"proficient", "needs improvement" or "unsatisfactory".
Pursuant exclusively to that agreement, teachers assigned to
schools identified in that agreement shall be subject to an
alternative performance evaluation plan and remediation
procedures in lieu of the plan and procedures set forth in
Article 24A of this Code and alternative removal for cause
standards and procedures in lieu of the removal standards and
procedures set forth in Section 34-85 of this Code. To the
extent that the agreement provides a teacher with an
opportunity for a hearing on removal for cause before an
independent hearing officer in accordance with Section 34-85 or
otherwise, the hearing officer shall be governed by the
alternative performance evaluation plan, remediation
procedures, and removal standards and procedures set forth in
the agreement in making findings of fact and a recommendation.
    (a-5) If the Governor has declared a disaster due to a
public health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act that suspends in-person
instruction, the timelines connected to the commencement and
completion of any remediation plan are paused. Except where the
parties mutually agree otherwise and such agreement is in
writing, any remediation plan that had been in place for 45 or
more days prior to the suspension of in-person instruction
shall resume when in-person instruction resumes; any
remediation plan that had been in place for fewer than 45 days
prior to the suspension of in-person instruction shall
discontinue and a new remediation period will begin when
in-person instruction resumes.
    (b) The board and the exclusive representative of the
district's teachers shall submit a certified copy of an
agreement as provided under subsection (a) of this Section to
the State Board of Education.
(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.)
 
    Section 10. The Illinois Articulation Initiative Act is
amended by changing Section 20 as follows:
 
    (110 ILCS 152/20)
    Sec. 20. Course transferability.
    (a) All courses approved for Illinois Articulation
Initiative General Education codes must be transferable as a
part of the General Education Core Curriculum package,
consistent with the specific requirements of the package.
Illinois Articulation Initiative General Education courses
taken during the public health emergency declared by
proclamation of the Governor due to the COVID-19 pandemic
during calendar year 2020 must be transferable for students
receiving a grade of "pass", "credit", or "satisfactory" and
shall fulfill the prerequisite requirements for advanced
courses.
    (a-5) All public institutions shall determine if Illinois
Articulation Initiative major courses are direct course
equivalents or are elective credit toward the requirements of
the major. If the receiving institution does not offer the
course or does not offer it at the lower-division level, the
student shall receive elective lower-division major credit
toward the requirements of the major for the course and may be
required to take the course at the upper-division level.
    (b) Students receiving the full General Education Core
Curriculum package must not be required to take additional
lower-division general education courses.
(Source: P.A. 99-636, eff. 1-1-17.)
 
    Section 15. The Board of Higher Education Act is amended by
adding Section 9.39 as follows:
 
    (110 ILCS 205/9.39 new)
    Sec. 9.39. Emergency completion and student support
services grants. Subject to appropriation, the Board shall
award emergency completion grants and competitive grants for
public university student support services.
 
    Section 20. The Higher Education Student Assistance Act is
amended by changing Section 65.100 as follows:
 
    (110 ILCS 947/65.100)
    (Text of Section before amendment by P.A. 101-613)
    (Section scheduled to be repealed on October 1, 2024)
    Sec. 65.100. AIM HIGH Grant Pilot Program.
    (a) The General Assembly makes all of the following
findings:
        (1) Both access and affordability are important
    aspects of the Illinois Public Agenda for College and
    Career Success report.
        (2) This State is in the top quartile with respect to
    the percentage of family income needed to pay for college.
        (3) Research suggests that as loan amounts increase,
    rather than an increase in grant amounts, the probability
    of college attendance decreases.
        (4) There is further research indicating that
    socioeconomic status may affect the willingness of
    students to use loans to attend college.
        (5) Strategic use of tuition discounting can decrease
    the amount of loans that students must use to pay for
    tuition.
        (6) A modest, individually tailored tuition discount
    can make the difference in a student choosing to attend
    college and enhance college access for low-income and
    middle-income families.
        (7) Even if the federally calculated financial need for
    college attendance is met, the federally determined
    Expected Family Contribution can still be a daunting
    amount.
        (8) This State is the second largest exporter of
    students in the country.
        (9) When talented Illinois students attend
    universities in this State, the State and those
    universities benefit.
        (10) State universities in other states have adopted
    pricing and incentives that allow many Illinois residents
    to pay less to attend an out-of-state university than to
    remain in this State for college.
        (11) Supporting Illinois student attendance at
    Illinois public universities can assist in State efforts to
    maintain and educate a highly trained workforce.
        (12) Modest tuition discounts that are individually
    targeted and tailored can result in enhanced revenue for
    public universities.
        (13) By increasing a public university's capacity to
    strategically use tuition discounting, the public
    university will be capable of creating enhanced tuition
    revenue by increasing enrollment yields.
    (b) In this Section:
    "Eligible applicant" means a student from any high school
in this State, whether or not recognized by the State Board of
Education, who is engaged in a program of study that in due
course will be completed by the end of the school year and who
meets all of the qualifications and requirements under this
Section.
    "Tuition and other necessary fees" includes the customary
charge for instruction and use of facilities in general and the
additional fixed fees charged for specified purposes that are
required generally of non-grant recipients for each academic
period for which the grant applicant actually enrolls, but does
not include fees payable only once or breakage fees and other
contingent deposits that are refundable in whole or in part.
The Commission may adopt, by rule not inconsistent with this
Section, detailed provisions concerning the computation of
tuition and other necessary fees.
    (c) Beginning with the 2019-2020 academic year, each public
university may establish a merit-based scholarship pilot
program known as the AIM HIGH Grant Pilot Program. Each year,
the Commission shall receive and consider applications from
public universities under this Section. Subject to
appropriation and any tuition waiver limitation established by
the Board of Higher Education, a public university campus may
award a grant to a student under this Section if it finds that
the applicant meets all of the following criteria:
        (1) He or she is a resident of this State and a citizen
    or eligible noncitizen of the United States.
        (2) He or she files a Free Application for Federal
    Student Aid and demonstrates financial need with a
    household income no greater than 6 times the poverty
    guidelines updated periodically in the Federal Register by
    the U.S. Department of Health and Human Services under the
    authority of 42 U.S.C. 9902(2). The household income of the
    applicant at the time of initial application shall be
    deemed to be the household income of the applicant for the
    duration of the pilot program.
        (3) He or she meets the minimum cumulative grade point
    average or ACT or SAT college admissions test score, as
    determined by the public university campus.
        (4) He or she is enrolled in a public university as an
    undergraduate student on a full-time basis.
        (5) He or she has not yet received a baccalaureate
    degree or the equivalent of 135 semester credit hours.
        (6) He or she is not incarcerated.
        (7) He or she is not in default on any student loan or
    does not owe a refund or repayment on any State or federal
    grant or scholarship.
        (8) Any other reasonable criteria, as determined by the
    public university campus.
    (d) Each public university campus shall determine grant
renewal criteria consistent with the requirements under this
Section.
    (e) Each participating public university campus shall post
on its Internet website criteria and eligibility requirements
for receiving awards that use funds under this Section that
include a range in the sizes of these individual awards. The
criteria and amounts must also be reported to the Commission
and the Board of Higher Education, who shall post the
information on their respective Internet websites.
    (f) After enactment of an appropriation for this Program,
the Commission shall determine an allocation of funds to each
public university in an amount proportionate to the number of
undergraduate students who are residents of this State and
citizens or eligible noncitizens of the United States and who
were enrolled at each public university campus in the previous
academic year. All applications must be made to the Commission
on or before a date determined by the Commission and on forms
that the Commission shall provide to each public university
campus. The form of the application and the information
required shall be determined by the Commission and shall
include, without limitation, the total public university
campus funds used to match funds received from the Commission
in the previous academic year under this Section, if any, the
total enrollment of undergraduate students who are residents of
this State from the previous academic year, and any supporting
documents as the Commission deems necessary. Each public
university campus shall match the amount of funds received by
the Commission with financial aid for eligible students.
    A public university campus is not required to claim its
entire allocation. The Commission shall make available to all
public universities, on a date determined by the Commission,
any unclaimed funds and the funds must be made available to
those public university campuses in the proportion determined
under this subsection (f), excluding from the calculation those
public university campuses not claiming their full
allocations.
    Each public university campus may determine the award
amounts for eligible students on an individual or broad basis,
but, subject to renewal eligibility, each renewed award may not
be less than the amount awarded to the eligible student in his
or her first year attending the public university campus.
Notwithstanding this limitation, a renewal grant may be reduced
due to changes in the student's cost of attendance, including,
but not limited to, if a student reduces the number of credit
hours in which he or she is enrolled, but remains a full-time
student, or switches to a course of study with a lower tuition
rate.
    An eligible applicant awarded grant assistance under this
Section is eligible to receive other financial aid. Total grant
aid to the student from all sources may not exceed the total
cost of attendance at the public university campus.
    (g) All money allocated to a public university campus under
this Section may be used only for financial aid purposes for
students attending the public university campus during the
academic year, not including summer terms. Notwithstanding any
other provision of law to the contrary, any funds received by a
public university campus under this Section that are not
granted to students in the academic year for which the funds
are received may be retained by the public university campus
for expenditure on students participating in the Program or
students eligible to participate in the Program.
    (h) Each public university campus that establishes a
Program under this Section must annually report to the
Commission, on or before a date determined by the Commission,
the number of undergraduate students enrolled at that campus
who are residents of this State.
    (i) Each public university campus must report to the
Commission the total non-loan financial aid amount given by the
public university campus to undergraduate students in fiscal
year 2018. To be eligible to receive funds under the Program, a
public university campus may not decrease the total amount of
non-loan financial aid for undergraduate students to an amount
lower than the total non-loan financial aid amount given by the
public university campus to undergraduate students in fiscal
year 2018, not including any funds received from the Commission
under this Section or any funds used to match grant awards
under this Section.
    (j) On or before a date determined by the Commission, each
public university campus that participates in the Program under
this Section shall annually submit a report to the Commission
with all of the following information:
        (1) The Program's impact on tuition revenue and
    enrollment goals and increase in access and affordability
    at the public university campus.
        (2) Total funds received by the public university
    campus under the Program.
        (3) Total non-loan financial aid awarded to
    undergraduate students attending the public university
    campus.
        (4) Total amount of funds matched by the public
    university campus.
        (5) Total amount of claimed and unexpended funds
    retained by the public university campus.
        (6) The percentage of total financial aid distributed
    under the Program by the public university campus.
        (7) The total number of students receiving grants from
    the public university campus under the Program and those
    students' grade level, race, gender, income level, family
    size, Monetary Award Program eligibility, Pell Grant
    eligibility, and zip code of residence and the amount of
    each grant award. This information shall include unit
    record data on those students regarding variables
    associated with the parameters of the public university's
    Program, including, but not limited to, a student's ACT or
    SAT college admissions test score, high school or
    university cumulative grade point average, or program of
    study.
    On or before October 1, 2020 and annually on or before
October 1 thereafter, the Commission shall submit a report with
the findings under this subsection (j) and any other
information regarding the AIM HIGH Grant Pilot Program to (i)
the Governor, (ii) the Speaker of the House of Representatives,
(iii) the Minority Leader of the House of Representatives, (iv)
the President of the Senate, and (v) the Minority Leader of the
Senate. The reports to the General Assembly shall be filed with
the Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct. The Commission's report
may not disaggregate data to a level that may disclose
personally identifying information of individual students.
    The sharing and reporting of student data under this
subsection (j) must be in accordance with the requirements
under the federal Family Educational Rights and Privacy Act of
1974 and the Illinois School Student Records Act. All parties
must preserve the confidentiality of the information as
required by law. The names of the grant recipients under this
Section are not subject to disclosure under the Freedom of
Information Act.
    Public university campuses that fail to submit a report
under this subsection (j) or that fail to adhere to any other
requirements under this Section may not be eligible for
distribution of funds under the Program for the next academic
year, but may be eligible for distribution of funds for each
academic year thereafter.
    (k) The Commission shall adopt rules to implement this
Section.
    (l) This Section is repealed on October 1, 2024.
(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
100-1183, eff. 4-4-19; 101-81, eff. 7-12-19.)
 
    (Text of Section after amendment by P.A. 101-613)
    (Section scheduled to be repealed on October 1, 2024)
    Sec. 65.100. AIM HIGH Grant Pilot Program.
    (a) The General Assembly makes all of the following
findings:
        (1) Both access and affordability are important
    aspects of the Illinois Public Agenda for College and
    Career Success report.
        (2) This State is in the top quartile with respect to
    the percentage of family income needed to pay for college.
        (3) Research suggests that as loan amounts increase,
    rather than an increase in grant amounts, the probability
    of college attendance decreases.
        (4) There is further research indicating that
    socioeconomic status may affect the willingness of
    students to use loans to attend college.
        (5) Strategic use of tuition discounting can decrease
    the amount of loans that students must use to pay for
    tuition.
        (6) A modest, individually tailored tuition discount
    can make the difference in a student choosing to attend
    college and enhance college access for low-income and
    middle-income families.
        (7) Even if the federally calculated financial need for
    college attendance is met, the federally determined
    Expected Family Contribution can still be a daunting
    amount.
        (8) This State is the second largest exporter of
    students in the country.
        (9) When talented Illinois students attend
    universities in this State, the State and those
    universities benefit.
        (10) State universities in other states have adopted
    pricing and incentives that allow many Illinois residents
    to pay less to attend an out-of-state university than to
    remain in this State for college.
        (11) Supporting Illinois student attendance at
    Illinois public universities can assist in State efforts to
    maintain and educate a highly trained workforce.
        (12) Modest tuition discounts that are individually
    targeted and tailored can result in enhanced revenue for
    public universities.
        (13) By increasing a public university's capacity to
    strategically use tuition discounting, the public
    university will be capable of creating enhanced tuition
    revenue by increasing enrollment yields.
    (b) In this Section:
    "Eligible applicant" means a student from any high school
in this State, whether or not recognized by the State Board of
Education, who is engaged in a program of study that in due
course will be completed by the end of the school year and who
meets all of the qualifications and requirements under this
Section.
    "Tuition and other necessary fees" includes the customary
charge for instruction and use of facilities in general and the
additional fixed fees charged for specified purposes that are
required generally of non-grant recipients for each academic
period for which the grant applicant actually enrolls, but does
not include fees payable only once or breakage fees and other
contingent deposits that are refundable in whole or in part.
The Commission may adopt, by rule not inconsistent with this
Section, detailed provisions concerning the computation of
tuition and other necessary fees.
    (c) Beginning with the 2019-2020 academic year, each public
university may establish a merit-based scholarship pilot
program known as the AIM HIGH Grant Pilot Program. Each year,
the Commission shall receive and consider applications from
public universities under this Section. Subject to
appropriation and any tuition waiver limitation established by
the Board of Higher Education, a public university campus may
award a grant to a student under this Section if it finds that
the applicant meets all of the following criteria:
        (1) He or she is a resident of this State and a citizen
    or eligible noncitizen of the United States.
        (2) He or she files a Free Application for Federal
    Student Aid and demonstrates financial need with a
    household income no greater than 6 times the poverty
    guidelines updated periodically in the Federal Register by
    the U.S. Department of Health and Human Services under the
    authority of 42 U.S.C. 9902(2). The household income of the
    applicant at the time of initial application shall be
    deemed to be the household income of the applicant for the
    duration of the pilot program.
        (3) He or she meets the minimum cumulative grade point
    average or ACT or SAT college admissions test score, as
    determined by the public university campus.
        (4) He or she is enrolled in a public university as an
    undergraduate student on a full-time basis.
        (5) He or she has not yet received a baccalaureate
    degree or the equivalent of 135 semester credit hours.
        (6) He or she is not incarcerated.
        (7) He or she is not in default on any student loan or
    does not owe a refund or repayment on any State or federal
    grant or scholarship.
        (8) Any other reasonable criteria, as determined by the
    public university campus.
    (d) Each public university campus shall determine grant
renewal criteria consistent with the requirements under this
Section.
    (e) Each participating public university campus shall post