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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
5 2-3.47a, 2-3.170, 10-17a, 10-20.12a, 10-20.17a, 10-20.56,
6 10-22.24b, 10-27.1A, 10-27.1B, 18-8.15, 21B-30, 21B-45,
7 21B-50, 26-2, 27-22.2, and 34-8.05 as follows:
8 (105 ILCS 5/2-3.47a)
9 Sec. 2-3.47a. Strategic plan.
10 (a) The State Board of Education shall develop and
11 maintain a continuing comprehensive strategic plan for
12 elementary and secondary education. The strategic plan shall
13 address how the State Board of Education will focus its
14 efforts to increase equity in all Illinois schools and shall
15 include, without limitation, all of the following topic areas:
16 (1) Service and support to school districts to improve
17 student performance.
18 (2) Programs to improve equitable and strategic
19 resource allocation in all schools.
20 (3) Efforts to enhance the social-emotional well-being
21 of Illinois students.
22 (4) (Blank).
23 (5) (Blank).
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1 (6) (Blank).
2 (7) (Blank).
3 (8) (Blank).
4 (9) (Blank).
5 (10) (Blank).
6 (11) (Blank).
7 (12) (Blank).
8 (13) (Blank).
9 (14) Attraction and retention of diverse and qualified
10 teachers and leaders.
11 (15) (Blank).
12 The State Board of Education shall consult with the
13 educational community, hold public hearings, and receive input
14 from all interested groups in drafting the strategic plan.
15 (b) To meet the requirements of this Section, the State
16 Board of Education shall issue to the Governor and General
17 Assembly a preliminary report within 6 months after the
18 effective date of this amendatory Act of the 93rd General
19 Assembly and a final 5-year strategic plan within one year
20 after the effective date of this amendatory Act of the 93rd
21 General Assembly. Thereafter, the State Board shall annually
22 review the strategic plan and, if necessary, update its
23 contents. The State Board shall provide updates regarding the
24 topic areas contained in the strategic plan and any updates to
25 its contents, if applicable, shall be updated and issued to
26 the Governor and General Assembly on or before July 1 of each
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1 year.
2 (Source: P.A. 102-539, eff. 8-20-21.)
3 (105 ILCS 5/2-3.170)
4 Sec. 2-3.170. Property tax relief pool grants.
5 (a) As used in this Section,
6 "EAV" means equalized assessed valuation as defined under
7 Section 18-8.15 of this Code.
8 "Property tax multiplier" equals one minus the square of
9 the school district's Local Capacity Percentage, as defined in
10 Section 18-8.15 of this Code.
11 "Local capacity percentage multiplier" means one minus the
12 school district's Local Capacity Percentage, as defined in
13 Section 18-8.15.
14 "State Board" means the State Board of Education.
15 (b) Subject to appropriation, the State Board shall
16 provide grants to eligible school districts that provide tax
17 relief to the school district's residents, which may be no
18 greater than 1% of EAV for a unit district, 0.69% of EAV for an
19 elementary school district, or 0.31% of EAV for a high school
20 district, as provided in this Section.
21 (b-5) School districts may apply for property tax relief
22 under this Section concurrently to setting their levy for the
23 fiscal year. The intended relief may not be greater than 1% of
24 the EAV for a unit district, 0.69% of the EAV for an elementary
25 school district, or 0.31% of the EAV for a high school
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1 district, multiplied by the school district's local capacity
2 percentage multiplier. The State Board shall process
3 applications for relief, providing a grant to those districts
4 with the highest adjusted operating tax rate, as determined by
5 those districts with the highest percentage of the simple
6 average adjusted operating tax rate of districts of the same
7 type, either elementary, high school, or unit, first, in an
8 amount equal to the intended relief multiplied by the property
9 tax multiplier. The State Board shall provide grants to school
10 districts in order of priority until the property tax relief
11 pool is exhausted. If more school districts apply for relief
12 under this subsection than there are funds available, the
13 State Board must distribute the grants and prorate any
14 remaining funds to the final school district that qualifies
15 for grant relief. The abatement amount for that district must
16 be equal to the grant amount divided by the property tax
17 multiplier.
18 If a school district receives the State Board's approval
19 of a grant under this Section by March 1 of the fiscal year,
20 the school district shall present a duly authorized and
21 approved abatement resolution by March 30 of the fiscal year
22 to the county clerk of each county in which the school files
23 its levy, authorizing the county clerk to lower the school
24 district's levy by the amount designated in its application to
25 the State Board. When the preceding requisites are satisfied,
26 the county clerk shall reduce the amount collected for the
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1 school district by the amount indicated in the school
2 district's abatement resolution for that fiscal year.
3 (c) (Blank).
4 (d) School districts seeking grants under this Section
5 shall apply to the State Board each year. All applications to
6 the State Board for grants shall include the amount of the tax
7 relief intended by the school district.
8 (e) Each year, based on the most recent available data
9 provided by school districts pursuant to Section 18-8.15 of
10 this Code, the State Board shall calculate the order of
11 priority for grant eligibility under subsection (b-5) and
12 publish a list of the school districts eligible for relief.
13 The State Board shall provide grants in the manner provided
14 under subsection (b-5).
15 (f) The State Board shall publish a final list of eligible
16 grant recipients and provide payment of the grants by March 1
17 of each year.
18 (g) If notice of eligibility from the State Board is
19 received by a school district by March 1, then by March 30, the
20 school district shall file an abatement of its property tax
21 levy in an amount equal to the grant received under this
22 Section divided by the property tax multiplier. Payment of all
23 grant amounts shall be made by June 1 each fiscal year. The
24 State Superintendent of Education shall establish the timeline
25 in such cases in which notice cannot be made by March 1.
26 (h) The total property tax relief allowable to a school
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1 district under this Section shall be calculated based on the
2 total amount of reduction in the school district's aggregate
3 extension. The total grant shall be equal to the reduction,
4 multiplied by the property tax multiplier. The reduction shall
5 be equal to 1% of a district's EAV for a unit school district,
6 0.69% for an elementary school district, or 0.31% for a high
7 school district, multiplied by the school district's local
8 capacity percentage multiplier.
9 (i) If the State Board does not expend all appropriations
10 allocated pursuant to this Section, then any remaining funds
11 shall be allocated pursuant to Section 18-8.15 of this Code.
12 (j) The State Board shall prioritize payments under
13 Section 18-8.15 of this Code over payments under this Section,
14 if necessary.
15 (k) Any grants received by a school district shall be
16 included in future calculations of that school district's Base
17 Funding Minimum under Section 18-8.15 of this Code. Beginning
18 with Fiscal Year 2020, if a school district receives a grant
19 under this Section, the school district must present to the
20 county clerk a duly authorized and approved abatement
21 resolution by March 30 for the year in which the school
22 district receives the grant and the successive fiscal year
23 following the receipt of the grant, authorizing the county
24 clerk to lower the school district's levy by the amount
25 designated in its original application to the State Board.
26 After receiving a resolution, the county clerk must reduce the
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1 amount collected for the school district by the amount
2 indicated in the school district's abatement resolution for
3 that fiscal year. If a school district does not abate in this
4 amount for the successive fiscal year, the grant amount may
5 not be included in the school district's Base Funding Minimum
6 under Section 18-8.15 in the fiscal year following the tax
7 year in which the abatement is not authorized and in any future
8 fiscal year thereafter, and the county clerk must notify the
9 State Board of the increase no later 30 days after it occurs.
10 (l) In the immediate 2 consecutive tax years following
11 receipt of a Property Tax Pool Relief Grant, the aggregate
12 extension base of any school district receiving a grant under
13 this Section, for purposes of the Property Tax Extension
14 Limitation Law, shall include the tax relief the school
15 district provided in the previous taxable year under this
16 Section.
17 (Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18;
18 100-863, eff. 8-14-18; 101-17, eff. 6-14-19; 101-643, eff.
19 6-18-20.)
20 (105 ILCS 5/10-17a)
21 Sec. 10-17a. State, school district, and school report
22 cards; Expanded High School Snapshot Report.
23 (1) By October 31, 2013 and October 31 of each subsequent
24 school year, the State Board of Education, through the State
25 Superintendent of Education, shall prepare a State report
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1 card, school district report cards, and school report cards,
2 and shall by the most economical means provide to each school
3 district in this State, including special charter districts
4 and districts subject to the provisions of Article 34, the
5 report cards for the school district and each of its schools.
6 Because of the impacts of the COVID-19 public health emergency
7 during school year 2020-2021, the State Board of Education
8 shall have until December 31, 2021 to prepare and provide the
9 report cards that would otherwise be due by October 31, 2021.
10 During a school year in which the Governor has declared a
11 disaster due to a public health emergency pursuant to Section
12 7 of the Illinois Emergency Management Agency Act, the report
13 cards for the school districts and each of its schools shall be
14 prepared by December 31.
15 (2) In addition to any information required by federal
16 law, the State Superintendent shall determine the indicators
17 and presentation of the school report card, which must
18 include, at a minimum, the most current data collected and
19 maintained by the State Board of Education related to the
20 following:
21 (A) school characteristics and student demographics,
22 including average class size, average teaching experience,
23 student racial/ethnic breakdown, and the percentage of
24 students classified as low-income; the percentage of
25 students classified as English learners, the number of
26 students who graduate from a bilingual or English learner
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1 program, and the number of students who graduate from,
2 transfer from, or otherwise leave bilingual programs; the
3 percentage of students who have individualized education
4 plans or 504 plans that provide for special education
5 services; the number and the percentage of all students in
6 grades kindergarten through 8, disaggregated by the
7 student students demographics described in this paragraph
8 (A), in each of the following categories: (i) those who
9 have been assessed for placement in a gifted education
10 program or accelerated placement, (ii) those who have
11 enrolled in a gifted education program or in accelerated
12 placement, and (iii) for each of categories (i) and (ii),
13 those who received direct instruction from a teacher who
14 holds a gifted education endorsement; the number and the
15 percentage of all students in grades 9 through 12,
16 disaggregated by the student demographics described in
17 this paragraph (A), who have been enrolled in an advanced
18 academic program; the percentage of students scoring at
19 the "exceeds expectations" level on the assessments
20 required under Section 2-3.64a-5 of this Code; the
21 percentage of students who annually transferred in or out
22 of the school district; average daily attendance; the
23 per-pupil operating expenditure of the school district;
24 and the per-pupil State average operating expenditure for
25 the district type (elementary, high school, or unit);
26 (B) curriculum information, including, where
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1 applicable, Advanced Placement, International
2 Baccalaureate or equivalent courses, dual credit courses,
3 foreign language classes, computer science courses, school
4 personnel resources (including Career Technical Education
5 teachers), before and after school programs,
6 extracurricular activities, subjects in which elective
7 classes are offered, health and wellness initiatives
8 (including the average number of days of Physical
9 Education per week per student), approved programs of
10 study, awards received, community partnerships, and
11 special programs such as programming for the gifted and
12 talented, students with disabilities, and work-study
13 students;
14 (C) student outcomes, including, where applicable, the
15 percentage of students deemed proficient on assessments of
16 State standards, the percentage of students in the eighth
17 grade who pass Algebra, the percentage of students who
18 participated in workplace learning experiences, the
19 percentage of students enrolled in post-secondary
20 institutions (including colleges, universities, community
21 colleges, trade/vocational schools, and training programs
22 leading to career certification within 2 semesters of high
23 school graduation), the percentage of students graduating
24 from high school who are college and career ready, the
25 percentage of graduates enrolled in community colleges,
26 colleges, and universities who are in one or more courses
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1 that the community college, college, or university
2 identifies as a developmental course, and the percentage
3 of students with disabilities under the federal
4 Individuals with Disabilities Education Act and Article 14
5 of this Code who have fulfilled the minimum State
6 graduation requirements set forth in Section 27-22 of this
7 Code and have been issued a regular high school diploma;
8 (D) student progress, including, where applicable, the
9 percentage of students in the ninth grade who have earned
10 5 credits or more without failing more than one core
11 class, a measure of students entering kindergarten ready
12 to learn, a measure of growth, and the percentage of
13 students who enter high school on track for college and
14 career readiness;
15 (E) the school environment, including, where
16 applicable, high school dropout rate by grade level, the
17 percentage of students with less than 10 absences in a
18 school year, the percentage of teachers with less than 10
19 absences in a school year for reasons other than
20 professional development, leaves taken pursuant to the
21 federal Family Medical Leave Act of 1993, long-term
22 disability, or parental leaves, the 3-year average of the
23 percentage of teachers returning to the school from the
24 previous year, the number of different principals at the
25 school in the last 6 years, the number of teachers who hold
26 a gifted education endorsement, the process and criteria
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1 used by the district to determine whether a student is
2 eligible for participation in a gifted education program
3 or advanced academic program and the manner in which
4 parents and guardians are made aware of the process and
5 criteria, the number of teachers who are National Board
6 Certified Teachers, disaggregated by race and ethnicity, 2
7 or more indicators from any school climate survey selected
8 or approved by the State and administered pursuant to
9 Section 2-3.153 of this Code, with the same or similar
10 indicators included on school report cards for all surveys
11 selected or approved by the State pursuant to Section
12 2-3.153 of this Code, the combined percentage of teachers
13 rated as proficient or excellent in their most recent
14 evaluation, and, beginning with the 2022-2023 school year,
15 data on the number of incidents of violence that occurred
16 on school grounds or during school-related activities and
17 that resulted in an out-of-school suspension, expulsion,
18 or removal to an alternative setting, as reported pursuant
19 to Section 2-3.162;
20 (F) a school district's and its individual schools'
21 balanced accountability measure, in accordance with
22 Section 2-3.25a of this Code;
23 (G) the total and per pupil normal cost amount the
24 State contributed to the Teachers' Retirement System of
25 the State of Illinois in the prior fiscal year for the
26 school's employees, which shall be reported to the State
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1 Board of Education by the Teachers' Retirement System of
2 the State of Illinois;
3 (H) for a school district organized under Article 34
4 of this Code only, State contributions to the Public
5 School Teachers' Pension and Retirement Fund of Chicago
6 and State contributions for health care for employees of
7 that school district;
8 (I) a school district's Final Percent of Adequacy, as
9 defined in paragraph (4) of subsection (f) of Section
10 18-8.15 of this Code;
11 (J) a school district's Local Capacity Target, as
12 defined in paragraph (2) of subsection (c) of Section
13 18-8.15 of this Code, displayed as a percentage amount;
14 (K) a school district's Real Receipts, as defined in
15 paragraph (1) of subsection (d) of Section 18-8.15 of this
16 Code, divided by a school district's Adequacy Target, as
17 defined in paragraph (1) of subsection (b) of Section
18 18-8.15 of this Code, displayed as a percentage amount;
19 (L) a school district's administrative costs;
20 (M) whether or not the school has participated in the
21 Illinois Youth Survey. In this paragraph (M), "Illinois
22 Youth Survey" means a self-report survey, administered in
23 school settings every 2 years, designed to gather
24 information about health and social indicators, including
25 substance abuse patterns and the attitudes of students in
26 grades 8, 10, and 12;
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1 (N) whether the school offered its students career and
2 technical education opportunities; and
3 (O) beginning Beginning with the October 2024 report
4 card, the total number of school counselors, school social
5 workers, school nurses, and school psychologists by
6 school, district, and State, the average number of
7 students per school counselor in the school, district, and
8 State, the average number of students per school social
9 worker in the school, district, and State, the average
10 number of students per school nurse in the school,
11 district, and State, and the average number of students
12 per school psychologist in the school, district, and
13 State.
14 The school report card shall also provide information that
15 allows for comparing the current outcome, progress, and
16 environment data to the State average, to the school data from
17 the past 5 years, and to the outcomes, progress, and
18 environment of similar schools based on the type of school and
19 enrollment of low-income students, special education students,
20 and English learners.
21 As used in this subsection (2):
22 "Accelerated placement" has the meaning ascribed to that
23 term in Section 14A-17 of this Code.
24 "Administrative costs" means costs associated with
25 executive, administrative, or managerial functions within the
26 school district that involve planning, organizing, managing,
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1 or directing the school district.
2 "Advanced academic program" means a course of study,
3 including, but not limited to, accelerated placement, advanced
4 placement coursework, International Baccalaureate coursework,
5 dual credit, or any course designated as enriched or honors,
6 that a student is enrolled in based on advanced cognitive
7 ability or advanced academic achievement compared to local age
8 peers and in which the curriculum is substantially
9 differentiated from the general curriculum to provide
10 appropriate challenge and pace.
11 "Computer science" means the study of computers and
12 algorithms, including their principles, their hardware and
13 software designs, their implementation, and their impact on
14 society. "Computer science" does not include the study of
15 everyday uses of computers and computer applications, such as
16 keyboarding or accessing the Internet.
17 "Gifted education" means educational services, including
18 differentiated curricula and instructional methods, designed
19 to meet the needs of gifted children as defined in Article 14A
20 of this Code.
21 For the purposes of paragraph (A) of this subsection (2),
22 "average daily attendance" means the average of the actual
23 number of attendance days during the previous school year for
24 any enrolled student who is subject to compulsory attendance
25 by Section 26-1 of this Code at each school and charter school.
26 (2.5) For any school report card prepared after July 1,
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1 2025, for all high school graduation completion rates that are
2 reported on the school report card as required under this
3 Section or by any other State or federal law, the State
4 Superintendent of Education shall also report the percentage
5 of students who did not meet the requirements of high school
6 graduation completion for any reason and, of those students,
7 the percentage that are classified as students who fulfill the
8 requirements of Section 14-16 of this Code.
9 The State Superintendent shall ensure that for the
10 2023-2024 school year there is a specific code for districts
11 to report students who fulfill the requirements of Section
12 14-16 of this Code to ensure accurate reporting under this
13 Section.
14 All reporting requirements under this subsection (2.5)
15 shall be included on the school report card where high school
16 graduation completion rates are reported, along with a brief
17 explanation of how fulfilling the requirements of Section
18 14-16 of this Code is different from receiving a regular high
19 school diploma.
20 (3) At the discretion of the State Superintendent, the
21 school district report card shall include a subset of the
22 information identified in paragraphs (A) through (E) of
23 subsection (2) of this Section, as well as information
24 relating to the operating expense per pupil and other finances
25 of the school district, and the State report card shall
26 include a subset of the information identified in paragraphs
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1 (A) through (E) and paragraph (N) of subsection (2) of this
2 Section. The school district report card shall include the
3 average daily attendance, as that term is defined in
4 subsection (2) of this Section, of students who have
5 individualized education programs and students who have 504
6 plans that provide for special education services within the
7 school district.
8 (4) Notwithstanding anything to the contrary in this
9 Section, in consultation with key education stakeholders, the
10 State Superintendent shall at any time have the discretion to
11 amend or update any and all metrics on the school, district, or
12 State report card.
13 (5) Annually, no more than 30 calendar days after receipt
14 of the school district and school report cards from the State
15 Superintendent of Education, each school district, including
16 special charter districts and districts subject to the
17 provisions of Article 34, shall present such report cards at a
18 regular school board meeting subject to applicable notice
19 requirements, post the report cards on the school district's
20 Internet web site, if the district maintains an Internet web
21 site, make the report cards available to a newspaper of
22 general circulation serving the district, and, upon request,
23 send the report cards home to a parent (unless the district
24 does not maintain an Internet web site, in which case the
25 report card shall be sent home to parents without request). If
26 the district posts the report card on its Internet web site,
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1 the district shall send a written notice home to parents
2 stating (i) that the report card is available on the web site,
3 (ii) the address of the web site, (iii) that a printed copy of
4 the report card will be sent to parents upon request, and (iv)
5 the telephone number that parents may call to request a
6 printed copy of the report card.
7 (6) Nothing contained in Public Act 98-648 repeals,
8 supersedes, invalidates, or nullifies final decisions in
9 lawsuits pending on July 1, 2014 (the effective date of Public
10 Act 98-648) in Illinois courts involving the interpretation of
11 Public Act 97-8.
12 (7) As used in this subsection (7):
13 "Advanced Advanced-track coursework or programs" means any
14 high school courses, sequence of courses, or class or grouping
15 of students organized to provide more rigorous, enriched,
16 advanced, accelerated, gifted, or above grade-level
17 instruction. This may include, but is not limited to, Advanced
18 Placement courses, International Baccalaureate courses,
19 honors, weighted, advanced, or enriched courses, or gifted or
20 accelerated programs, classrooms, or courses.
21 "Course" means any high school class or course offered by
22 a school that is assigned a school course code by the State
23 Board of Education.
24 "High school" means a school that maintains any of grades
25 9 through 12.
26 "English learner coursework or English learner program"
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1 means a high school English learner course or program
2 designated to serve English learners, who may be designated as
3 English language learners or limited English proficiency
4 learners.
5 "Standard coursework or programs" means any high school
6 courses or classes other than advanced advanced-track
7 coursework or programs, English learner coursework or
8 programs, or special education coursework or programs.
9 By December October 31, 2027 and by December October 31 of
10 each subsequent year, the State Board of Education, through
11 the State Superintendent of Education, shall prepare a
12 stand-alone report covering all public high schools in this
13 State, to be referred to as the Expanded High School
14 Coursework Snapshot Report. The State Board shall post the
15 Report on the State Board's Internet website. Each school
16 district with a high school enrollment for the reporting year
17 shall include on the school district's Internet website, if
18 the district maintains an Internet website, a hyperlink to the
19 Report on the State Board's Internet website titled "Expanded
20 High School Coursework Snapshot Report". Hyperlinks under this
21 subsection (7) shall be displayed in a manner that is easily
22 accessible to the public.
23 The Expanded High School Coursework Snapshot Report shall
24 include:
25 (A) a listing of all standard coursework or programs
26 that have offered by a high school student enrollment;
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1 (B) a listing of all advanced advanced-track
2 coursework or programs that have offered by a high school
3 student enrollment;
4 (C) a listing of all English learner coursework or
5 programs that have high school student enrollment by
6 English learners offered by a high school;
7 (D) a listing of all special education coursework or
8 programs that have high school student enrollment by
9 students with disabilities offered by a high school;
10 (E) data tables and graphs comparing advanced
11 advanced-track coursework or programs enrollment with
12 standard coursework or programs enrollment according to
13 the following parameters:
14 (i) the average years of experience of all
15 teachers in a high school who are assigned to teach
16 advanced advanced-track coursework or programs
17 compared with the average years of experience of all
18 teachers in the high school who are assigned to teach
19 standard coursework or programs;
20 (ii) the average years of experience of all
21 teachers in a high school who are assigned to teach
22 special education coursework or programs that have
23 high school enrollment by students with disabilities
24 compared with the average years of experience of all
25 teachers in the high school who are not assigned to
26 teach standard coursework or programs that have high
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1 school student enrollment by students with
2 disabilities;
3 (iii) the average years of experience of all
4 teachers in a high school who are assigned to teach
5 English learner coursework or programs that have high
6 school student enrollment by English learners compared
7 with the average years of experience of all teachers
8 in the high school who are not assigned to teach
9 standard coursework or programs that have high school
10 student enrollment by English learners;
11 (iv) the number of high school teachers who
12 possess bachelor's degrees, master's degrees, or
13 higher doctorate degrees and who are assigned to teach
14 advanced coursework advanced -track courses or
15 programs compared with the number of teachers who
16 possess bachelor's degrees, master's degrees, or
17 higher doctorate degrees and who are assigned to teach
18 standard coursework or programs;
19 (v) the number of high school teachers who possess
20 bachelor's degrees, master's degrees, or higher
21 doctorate degrees and who are assigned to teach
22 special education coursework or programs that have
23 high school student enrollment by students with
24 disabilities compared with the number of teachers who
25 possess bachelor's degrees, master's degrees, or
26 higher doctorate degrees and who are not assigned to
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1 teach standard coursework or programs that have high
2 school student enrollment by students with
3 disabilities;
4 (vi) the number of high school teachers who
5 possess bachelor's degrees, master's degrees, or
6 higher doctorate degrees and who are assigned to teach
7 English learner coursework or programs that have high
8 school student enrollment by English learners compared
9 with the number of teachers who possess bachelor's
10 degrees, master's degrees, or higher doctorate degrees
11 and who are not assigned to teach standard coursework
12 or programs that have high school student enrollment
13 by English learners;
14 (vii) the average student enrollment and class
15 size of advanced advanced-track coursework or programs
16 offered in a high school compared with the average
17 student enrollment and class size of standard
18 coursework or programs;
19 (viii) the percentages of high school students,
20 delineated by race, gender, and program student group,
21 who are enrolled in advanced advanced-track coursework
22 or programs in a high school compared with the gender
23 of students enrolled in standard coursework or
24 programs;
25 (ix) (blank); the percentages of students
26 delineated by gender who are enrolled in special
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1 education coursework or programs in a high school
2 compared with the percentages of students enrolled in
3 standard coursework or programs;
4 (x) (blank); the percentages of students
5 delineated by gender who are enrolled in English
6 learner coursework or programs in a high school
7 compared with the gender of students enrolled in
8 standard coursework or programs;
9 (xi) (blank); the percentages of high school
10 students in each individual race and ethnicity
11 category, as defined in the most recent federal
12 decennial census, who are enrolled in advanced-track
13 coursework or programs compared with the percentages
14 of students in each individual race and ethnicity
15 category enrolled in standard coursework or programs;
16 (xii) (blank); the percentages of high school
17 students in each of the race and ethnicity categories,
18 as defined in the most recent federal decennial
19 census, who are enrolled in special education
20 coursework or programs compared with the percentages
21 of students in each of the race and ethnicity
22 categories who are enrolled in standard coursework or
23 programs;
24 (xiii) (blank); the percentages of high school
25 students in each of the race and ethnicity categories,
26 as defined in the most recent federal decennial
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1 census, who are enrolled in English learner coursework
2 or programs in a high school compared with the
3 percentages of high school students in each of the
4 race and ethnicity categories who are enrolled in
5 standard coursework or programs;
6 (xiv) the percentage of high school students, by
7 race, gender, and program student group, who earn
8 reach proficiency (the equivalent of a C grade or
9 higher on a grade A through F scale) in one or more
10 advanced advanced-track coursework or programs
11 compared with the percentage of high school students,
12 by race, gender, and program student group, who earn
13 proficiency (the equivalent of a C grade or higher on a
14 grade A through F scale) in one or more standard
15 coursework or programs;
16 (xv) (blank); the percentage of high school
17 students who reach proficiency (the equivalent of a C
18 grade or higher on a grade A through F scale) in
19 special education coursework or programs compared with
20 the percentage of high school students who earn
21 proficiency (the equivalent of a C grade or higher on a
22 grade A through F scale) in standard coursework or
23 programs; and
24 (xvi) (blank); and the percentage of high school
25 students who reach proficiency (the equivalent of a C
26 grade or higher on a grade A through F scale) in
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1 English learner coursework or programs compared with
2 the percentage of high school students who earn
3 proficiency (the equivalent of a C grade or higher on a
4 grade A through F scale) in standard coursework or
5 programs; and
6 (F) data tables and graphs for each race and ethnicity
7 category, as defined in the most recent federal decennial
8 census, and gender category, as defined in the most recent
9 federal decennial census, describing:
10 (i) the total student number and student
11 percentage for of Advanced Placement courses taken by
12 race and ethnicity category and gender category, as
13 defined in the most recent federal decennial census;
14 (ii) the total student number and student
15 percentage for of International Baccalaureate courses
16 taken by race and ethnicity category and gender
17 category, as defined in the most recent federal
18 decennial census;
19 (iii) (blank); for each race and ethnicity
20 category and gender category, as defined in the most
21 recent federal decennial census, the percentage of
22 high school students enrolled in Advanced Placement
23 courses;
24 (iv) (blank); and for each race and ethnicity
25 category and gender category, as defined in the most
26 recent federal decennial census, the percentage of
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1 high school students enrolled in International
2 Baccalaureate courses; and
3 (v) for each race and ethnicity category, as
4 defined in the most recent federal decennial census,
5 the total student number and student percentage of
6 high school students who earn a score of 3 or higher on
7 the Advanced Placement exam associated with an
8 Advanced Placement course.
9 For data on teacher experience and education under this
10 subsection (7), a teacher who teaches a combination of courses
11 designated as advanced advanced-track coursework or programs,
12 courses or programs that have high school student enrollment
13 by English learners learner coursework or programs, or
14 standard coursework or programs shall be included in all
15 relevant categories and the teacher's level of experience
16 shall be added to the categories.
17 (Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22;
18 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff.
19 7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263,
20 eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24;
21 revised 9-12-23.)
22 (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
23 Sec. 10-20.12a. Tuition for non-resident pupils.
24 (a) To charge non-resident pupils who attend the schools
25 of the district tuition in an amount not exceeding 110% of the
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1 per capita cost of maintaining the schools of the district for
2 the preceding school year.
3 Such per capita cost shall be computed by dividing the
4 total cost of conducting and maintaining the schools of the
5 district by the average daily attendance, including tuition
6 pupils. Depreciation on the buildings and equipment of the
7 schools of the district, and the amount of annual depreciation
8 on such buildings and equipment shall be dependent upon the
9 useful life of such property.
10 The tuition charged shall in no case exceed 110% of the per
11 capita cost of conducting and maintaining the schools of the
12 district attended, as determined with reference to the most
13 recent audit prepared under Section 3-7 which is available at
14 the commencement of the current school year. Non-resident
15 pupils attending the schools of the district for less than the
16 school term shall have their tuition apportioned, however
17 pupils who become non-resident during a school term shall not
18 be charged tuition for the remainder of the school term in
19 which they became non-resident pupils.
20 Notwithstanding the provisions of this Section, a school
21 district may adopt a policy to waive tuition costs for a
22 non-resident pupil who if the pupil is the a child of a
23 district employee if the district adopts a policy approving
24 such waiver. For purposes of this paragraph, "child" means a
25 district employee's child who is a biological child, adopted
26 child, foster child, stepchild, or a child for which the
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1 employee serves as a legal guardian.
2 (b) Unless otherwise agreed to by the parties involved and
3 where the educational services are not otherwise provided for,
4 educational services for an Illinois student under the age of
5 21 (and not eligible for services pursuant to Article 14 of
6 this Code) in any residential program shall be provided by the
7 district in which the facility is located and financed as
8 follows. The cost of educational services shall be paid by the
9 district in which the student resides in an amount equal to the
10 cost of providing educational services in the residential
11 facility. Payments shall be made by the district of the
12 student's residence and shall be made to the district wherein
13 the facility is located no less than once per month unless
14 otherwise agreed to by the parties.
15 The funding provision of this subsection (b) applies to
16 all Illinois students under the age of 21 (and not eligible for
17 services pursuant to Article 14 of this Code) receiving
18 educational services in residential facilities, irrespective
19 of whether the student was placed therein pursuant to this
20 Code or the Juvenile Court Act of 1987 or by an Illinois public
21 agency or a court. The changes to this subsection (b) made by
22 this amendatory Act of the 95th General Assembly apply to all
23 placements in effect on July 1, 2007 and all placements
24 thereafter. For purposes of this subsection (b), a student's
25 district of residence shall be determined in accordance with
26 subsection (a) of Section 10-20.12b of this Code. The
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1 placement of a student in a residential facility shall not
2 affect the residency of the student. When a dispute arises
3 over the determination of the district of residence under this
4 subsection (b), any person or entity, including without
5 limitation a school district or residential facility, may make
6 a written request for a residency decision to the State
7 Superintendent of Education, who, upon review of materials
8 submitted and any other items or information he or she may
9 request for submission, shall issue his or her decision in
10 writing. The decision of the State Superintendent of Education
11 is final.
12 (Source: P.A. 103-111, eff. 6-29-23.)
13 (105 ILCS 5/10-20.17a) (from Ch. 122, par. 10-20.17a)
14 Sec. 10-20.17a. Hazardous materials training. To enhance
15 the safety of pupils and staff by providing in-service
16 training programs on the safe handling and use of hazardous or
17 toxic materials for personnel in the district who work with
18 such materials on a regular basis. Such programs may shall be
19 identified approved by the State Board of Education, in
20 consultation with the Illinois Department of Public Health,
21 for use by school boards in implementing this Section.
22 (Source: P.A. 84-1294.)
23 (105 ILCS 5/10-20.56)
24 Sec. 10-20.56. E-learning days.
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1 (a) The State Board of Education shall establish and
2 maintain, for implementation in school districts, a program
3 for use of electronic-learning (e-learning) days, as described
4 in this Section. School districts may utilize a program
5 approved under this Section for use during remote learning
6 days and blended remote learning days under Section 10-30 or
7 34-18.66.
8 (b) The school board of a school district may, by
9 resolution, adopt a research-based program or research-based
10 programs for e-learning days district-wide that shall permit
11 student instruction to be received electronically while
12 students are not physically present in lieu of the district's
13 scheduled emergency days as required by Section 10-19 of this
14 Code or because a school was selected to be a polling place
15 under Section 11-4.1 of the Election Code. The research-based
16 program or programs may not exceed the minimum number of
17 emergency days in the approved school calendar and must be
18 verified annually by the regional office of education or
19 intermediate service center for the school district before the
20 implementation of any e-learning days in that school year on
21 or before September 1st annually to ensure access for all
22 students. The regional office of education or intermediate
23 service center shall ensure that the specific needs of all
24 students are met, including special education students and
25 English learners, and that all mandates are still met using
26 the proposed research-based program. The e-learning program
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1 may utilize the Internet, telephones, texts, chat rooms, or
2 other similar means of electronic communication for
3 instruction and interaction between teachers and students that
4 meet the needs of all learners. The e-learning program shall
5 address the school district's responsibility to ensure that
6 all teachers and staff who may be involved in the provision of
7 e-learning have access to any and all hardware and software
8 that may be required for the program. If a proposed program
9 does not address this responsibility, the school district must
10 propose an alternate program.
11 (c) Before its adoption by a school board, the school
12 board must hold a public hearing on a school district's
13 initial proposal for an e-learning program or for renewal of
14 such a program, at a regular or special meeting of the school
15 board, in which the terms of the proposal must be
16 substantially presented and an opportunity for allowing public
17 comments must be provided. Notice of such public hearing must
18 be provided at least 10 days prior to the hearing by:
19 (1) publication in a newspaper of general circulation
20 in the school district;
21 (2) written or electronic notice designed to reach the
22 parents or guardians of all students enrolled in the
23 school district; and
24 (3) written or electronic notice designed to reach any
25 exclusive collective bargaining representatives of school
26 district employees and all those employees not in a
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1 collective bargaining unit.
2 (d) The regional office of education or intermediate
3 service center for the school district must timely verify that
4 a proposal for an e-learning program has met the requirements
5 specified in this Section and that the proposal contains
6 provisions designed to reasonably and practicably accomplish
7 the following:
8 (1) to ensure and verify at least 5 clock hours of
9 instruction or school work, as required under Section
10 10-19.05, for each student participating in an e-learning
11 day;
12 (2) to ensure access from home or other appropriate
13 remote facility for all students participating, including
14 computers, the Internet, and other forms of electronic
15 communication that must be utilized in the proposed
16 program;
17 (2.5) to ensure that non-electronic materials are made
18 available to students participating in the program who do
19 not have access to the required technology or to
20 participating teachers or students who are prevented from
21 accessing the required technology;
22 (3) to ensure appropriate learning opportunities for
23 students with special needs;
24 (4) to monitor and verify each student's electronic
25 participation;
26 (5) to address the extent to which student
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1 participation is within the student's control as to the
2 time, pace, and means of learning;
3 (6) to provide effective notice to students and their
4 parents or guardians of the use of particular days for
5 e-learning;
6 (7) to provide staff and students with adequate
7 training for e-learning days' participation;
8 (8) to ensure an opportunity for any collective
9 bargaining negotiations with representatives of the school
10 district's employees that would be legally required,
11 including all classifications of school district employees
12 who are represented by collective bargaining agreements
13 and who would be affected in the event of an e-learning
14 day;
15 (9) to review and revise the program as implemented to
16 address difficulties confronted; and
17 (10) to ensure that the protocol regarding general
18 expectations and responsibilities of the program is
19 communicated to teachers, staff, and students at least 30
20 days prior to utilizing an e-learning day in a school
21 year.
22 The school board's approval of a school district's initial
23 e-learning program and renewal of the e-learning program shall
24 be for a term of 3 school years, beginning with the first
25 school year in which the program was approved and verified by
26 the regional office of education or intermediate service
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1 center for the school district.
2 (d-5) A school district shall pay to its contractors who
3 provide educational support services to the district,
4 including, but not limited to, custodial, transportation, or
5 food service providers, their daily, regular rate of pay or
6 billings rendered for any e-learning day that is used because
7 a school was selected to be a polling place under Section
8 11-4.1 of the Election Code, except that this requirement does
9 not apply to contractors who are paid under contracts that are
10 entered into, amended, or renewed on or after March 15, 2022 or
11 to contracts that otherwise address compensation for such
12 e-learning days.
13 (d-10) A school district shall pay to its employees who
14 provide educational support services to the district,
15 including, but not limited to, custodial employees, building
16 maintenance employees, transportation employees, food service
17 providers, classroom assistants, or administrative staff,
18 their daily, regular rate of pay and benefits rendered for any
19 school closure or e-learning day if the closure precludes them
20 from performing their regularly scheduled duties and the
21 employee would have reported for work but for the closure,
22 except this requirement does not apply if the day is
23 rescheduled and the employee will be paid their daily, regular
24 rate of pay and benefits for the rescheduled day when services
25 are rendered.
26 (d-15) A school district shall make full payment that
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1 would have otherwise been paid to its contractors who provide
2 educational support services to the district, including, but
3 not limited to, custodial, building maintenance,
4 transportation, food service providers, classroom assistants,
5 or administrative staff, their daily, regular rate of pay and
6 benefits rendered for any school closure or e-learning day if
7 any closure precludes them from performing their regularly
8 scheduled duties and employees would have reported for work
9 but for the closure. The employees who provide the support
10 services covered by such contracts shall be paid their daily
11 bid package rates and benefits as defined by their local
12 operating agreements or collective bargaining agreements,
13 except this requirement does not apply if the day is
14 rescheduled and the employee will be paid their daily, regular
15 rate of pay and benefits for the rescheduled day when services
16 are rendered.
17 (d-20) A school district shall make full payment or
18 reimbursement to an employee or contractor as specified in
19 subsection (d-10) or (d-15) of this Section for any school
20 closure or e-learning day in the 2021-2022 school year that
21 occurred prior to the effective date of this amendatory Act of
22 the 102nd General Assembly if the employee or contractor did
23 not receive pay or was required to use earned paid time off,
24 except this requirement does not apply if the day is
25 rescheduled and the employee will be paid their daily, regular
26 rate of pay and benefits for the rescheduled day when services
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1 are rendered.
2 (e) The State Board of Education may adopt rules
3 consistent with the provision of this Section.
4 (f) For purposes of subsections (d-10), (d-15), and (d-20)
5 of this Section:
6 "Employee" means anyone employed by a school district on
7 or after the effective date of this amendatory Act of the 102nd
8 General Assembly.
9 "School district" includes charter schools established
10 under Article 27A of this Code, but does not include the
11 Department of Juvenile Justice School District.
12 (Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20;
13 102-584, eff. 6-1-22; 102-697, eff. 4-5-22.)
14 (105 ILCS 5/10-22.24b)
15 (Text of Section before amendment by P.A. 103-542)
16 Sec. 10-22.24b. School counseling services. School
17 counseling services in public schools may be provided by
18 school counselors as defined in Section 10-22.24a of this Code
19 or by individuals who hold a Professional Educator License
20 with a school support personnel endorsement in the area of
21 school counseling under Section 21B-25 of this Code.
22 School counseling services may include, but are not
23 limited to:
24 (1) designing and delivering a comprehensive school
25 counseling program through a standards-based,
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1 data-informed program that promotes student achievement
2 and wellness;
3 (2) (blank); incorporating the common core language
4 into the school counselor's work and role;
5 (3) school counselors working as culturally skilled
6 professionals who act sensitively to promote social
7 justice and equity in a pluralistic society;
8 (4) providing individual and group counseling;
9 (5) providing a core counseling curriculum that serves
10 all students and addresses the knowledge and skills
11 appropriate to their developmental level through a
12 collaborative model of delivery involving the school
13 counselor, classroom teachers, and other appropriate
14 education professionals, and including prevention and
15 pre-referral activities;
16 (6) making referrals when necessary to appropriate
17 offices or outside agencies;
18 (7) providing college and career development
19 activities and counseling;
20 (8) developing individual career plans with students,
21 which includes planning for post-secondary education, as
22 appropriate, and engaging in related and relevant career
23 and technical education coursework in high school as
24 described in paragraph (55);
25 (9) assisting all students with a college or
26 post-secondary education plan, which must include a
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1 discussion on all post-secondary education options,
2 including 4-year colleges or universities, community
3 colleges, and vocational schools, and includes planning
4 for post-secondary education, as appropriate, and engaging
5 in related and relevant career and technical education
6 coursework in high school as described in paragraph (55);
7 (10) (blank); intentionally addressing the career and
8 college needs of first generation students;
9 (11) educating all students on scholarships, financial
10 aid, and preparation of the Federal Application for
11 Federal Student Aid;
12 (12) collaborating with institutions of higher
13 education and local community colleges so that students
14 understand post-secondary education options and are ready
15 to transition successfully;
16 (13) providing crisis intervention and contributing to
17 the development of a specific crisis plan within the
18 school setting in collaboration with multiple
19 stakeholders;
20 (14) providing educational opportunities for educating
21 students, teachers, and parents on mental health anxiety,
22 depression, cutting, and suicide issues and intervening
23 with students who present with these issues;
24 (15) providing counseling and other resources to
25 students who are in crisis;
26 (16) working to address barriers that prohibit or
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1 limit access providing resources for those students who do
2 not have access to mental health services;
3 (17) addressing bullying and conflict resolution with
4 all students;
5 (18) teaching communication skills and helping
6 students develop positive relationships;
7 (19) using culturally sensitive skills in working with
8 all students to promote wellness;
9 (20) working to address addressing the needs of all
10 undocumented students with regard to citizenship status in
11 the school, as well as students who are legally in the
12 United States, but whose parents are undocumented;
13 (21) (blank); contributing to a student's functional
14 behavioral assessment, as well as assisting in the
15 development of non-aversive behavioral intervention
16 strategies;
17 (22) providing academic, social-emotional, and college
18 and career supports to all students irrespective of
19 special education or Section 504 status (i) assisting
20 students in need of special education services by
21 implementing the academic supports and social-emotional
22 and college or career development counseling services or
23 interventions per a student's individualized education
24 program (IEP); (ii) participating in or contributing to a
25 student's IEP and completing a social-developmental
26 history; or (iii) providing services to a student with a
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1 disability under the student's IEP or federal Section 504
2 plan, as recommended by the student's IEP team or Section
3 504 plan team and in compliance with federal and State
4 laws and rules governing the provision of educational and
5 related services and school-based accommodations to
6 students with disabilities and the qualifications of
7 school personnel to provide such services and
8 accommodations;
9 (23) assisting students in goal setting and success
10 skills for classroom behavior, study skills, test
11 preparation, internal motivation, and intrinsic rewards
12 the development of a personal educational plan with each
13 student;
14 (24) (blank); educating students on dual credit and
15 learning opportunities on the Internet;
16 (25) providing information for all students in the
17 selection of courses that will lead to post-secondary
18 education opportunities toward a successful career;
19 (26) interpreting achievement test results and guiding
20 students in appropriate directions;
21 (27) (blank); counseling with students, families, and
22 teachers, in compliance with federal and State laws;
23 (28) providing families with opportunities for
24 education and counseling as appropriate in relation to the
25 student's educational assessment;
26 (29) consulting and collaborating with teachers and
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1 other school personnel regarding behavior management and
2 intervention plans and inclusion in support of students;
3 (30) teaming and partnering with staff, parents,
4 businesses, and community organizations to support student
5 achievement and social-emotional learning standards for
6 all students;
7 (31) developing and implementing school-based
8 prevention programs, including, but not limited to,
9 mediation and violence prevention, implementing social and
10 emotional education programs and services, and
11 establishing and implementing bullying prevention and
12 intervention programs;
13 (32) developing culturally sensitive assessment
14 instruments for measuring school counseling prevention and
15 intervention effectiveness and collecting, analyzing, and
16 interpreting data;
17 (33) participating on school and district committees
18 to advocate for student programs and resources, as well as
19 establishing a school counseling advisory council that
20 includes representatives of key stakeholders selected to
21 review and advise on the implementation of the school
22 counseling program;
23 (34) acting as a liaison between the public schools
24 and community resources and building relationships with
25 important stakeholders, such as families, administrators,
26 teachers, and board members;
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1 (35) maintaining organized, clear, and useful records
2 in a confidential manner consistent with Section 5 of the
3 Illinois School Student Records Act, the Family
4 Educational Rights and Privacy Act, and the Health
5 Insurance Portability and Accountability Act;
6 (36) presenting an annual agreement to the
7 administration, including a formal discussion of the
8 alignment of school and school counseling program missions
9 and goals and detailing specific school counselor
10 responsibilities;
11 (37) identifying and implementing culturally sensitive
12 measures of success for student competencies in each of
13 the 3 domains of academic, social and emotional, and
14 college and career learning based on planned and periodic
15 assessment of the comprehensive developmental school
16 counseling program;
17 (38) collaborating as a team member in Multi-Tiered
18 Systems of Support Response to Intervention (RtI) and
19 other school initiatives;
20 (39) conducting observations and participating in
21 recommendations or interventions regarding the placement
22 of children in educational programs or special education
23 classes;
24 (40) analyzing data and results of school counseling
25 program assessments, including curriculum, small-group,
26 and closing-the-gap results reports, and designing
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1 strategies to continue to improve program effectiveness;
2 (41) analyzing data and results of school counselor
3 competency assessments;
4 (42) following American School Counselor Association
5 Ethical Standards for School Counselors to demonstrate
6 high standards of integrity, leadership, and
7 professionalism;
8 (43) using student competencies to assess student
9 growth and development to inform decisions regarding
10 strategies, activities, and services that help students
11 achieve the highest academic level possible knowing and
12 embracing common core standards by using common core
13 language;
14 (44) practicing as a culturally skilled school
15 counselor by infusing the multicultural competencies
16 within the role of the school counselor, including the
17 practice of culturally sensitive attitudes and beliefs,
18 knowledge, and skills;
19 (45) infusing the Social-Emotional Standards, as
20 presented in the State Board of Education standards,
21 across the curriculum and in the counselor's role in ways
22 that empower and enable students to achieve academic
23 success across all grade levels;
24 (46) providing services only in areas in which the
25 school counselor has appropriate training or expertise, as
26 well as only providing counseling or consulting services
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1 within his or her employment to any student in the
2 district or districts which employ such school counselor,
3 in accordance with professional ethics;
4 (47) having adequate training in supervision knowledge
5 and skills in order to supervise school counseling interns
6 enrolled in graduate school counselor preparation programs
7 that meet the standards established by the State Board of
8 Education;
9 (48) being involved with State and national
10 professional associations;
11 (49) participating, at least once every 2 years, in an
12 in-service training program for school counselors
13 conducted by persons with expertise in domestic and sexual
14 violence and the needs of expectant and parenting youth,
15 which shall include training concerning (i) communicating
16 with and listening to youth victims of domestic or sexual
17 violence and expectant and parenting youth, (ii)
18 connecting youth victims of domestic or sexual violence
19 and expectant and parenting youth to appropriate in-school
20 services and other agencies, programs, and services as
21 needed, and (iii) implementing the school district's
22 policies, procedures, and protocols with regard to such
23 youth, including confidentiality; at a minimum, school
24 personnel must be trained to understand, provide
25 information and referrals, and address issues pertaining
26 to youth who are parents, expectant parents, or victims of
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1 domestic or sexual violence;
2 (50) participating, at least every 2 years, in an
3 in-service training program for school counselors
4 conducted by persons with expertise in anaphylactic
5 reactions and management;
6 (51) participating, at least once every 2 years, in an
7 in-service training on educator ethics, teacher-student
8 conduct, and school employee-student conduct for all
9 personnel;
10 (52) participating, in addition to other topics at
11 in-service training programs, in training to identify the
12 warning signs of mental illness and suicidal behavior in
13 adolescents and teenagers and learning appropriate
14 intervention and referral techniques;
15 (53) (blank); obtaining training to have a basic
16 knowledge of matters relating to acquired immunodeficiency
17 syndrome (AIDS), including the nature of the disease, its
18 causes and effects, the means of detecting it and
19 preventing its transmission, and the availability of
20 appropriate sources of counseling and referral and any
21 other information that may be appropriate considering the
22 age and grade level of the pupils; the school board shall
23 supervise such training and the State Board of Education
24 and the Department of Public Health shall jointly develop
25 standards for such training;
26 (54) (blank); and participating in mandates from the
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1 State Board of Education for bullying education and
2 social-emotional literacy; and
3 (55) promoting career and technical education by
4 assisting each student to determine an appropriate
5 postsecondary plan based upon the student's skills,
6 strengths, and goals and assisting the student to
7 implement the best practices that improve career or
8 workforce readiness after high school.
9 School districts may employ a sufficient number of school
10 counselors to maintain the national and State recommended
11 student-counselor ratio of 250 to 1. School districts may have
12 school counselors spend at least 80% of his or her work time in
13 direct contact with students.
14 Nothing in this Section prohibits other qualified
15 professionals, including other endorsed school support
16 personnel, from providing the services listed in this Section.
17 (Source: P.A. 102-876, eff. 1-1-23; 103-154, eff. 6-30-23.)
18 (Text of Section after amendment by P.A. 103-542)
19 Sec. 10-22.24b. School counseling services. School
20 counseling services in public schools may be provided by
21 school counselors as defined in Section 10-22.24a of this Code
22 or by individuals who hold a Professional Educator License
23 with a school support personnel endorsement in the area of
24 school counseling under Section 21B-25 of this Code.
25 School counseling services may include, but are not
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1 limited to:
2 (1) designing and delivering a comprehensive school
3 counseling program through a standards-based,
4 data-informed program that promotes student achievement
5 and wellness;
6 (2) (blank); incorporating the common core language
7 into the school counselor's work and role;
8 (3) school counselors working as culturally skilled
9 professionals who act sensitively to promote social
10 justice and equity in a pluralistic society;
11 (4) providing individual and group counseling;
12 (5) providing a core counseling curriculum that serves
13 all students and addresses the knowledge and skills
14 appropriate to their developmental level through a
15 collaborative model of delivery involving the school
16 counselor, classroom teachers, and other appropriate
17 education professionals, and including prevention and
18 pre-referral activities;
19 (6) making referrals when necessary to appropriate
20 offices or outside agencies;
21 (7) providing college and career development
22 activities and counseling;
23 (8) developing individual career plans with students,
24 which includes planning for post-secondary education, as
25 appropriate, and engaging in related and relevant career
26 and technical education coursework in high school as
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1 described in paragraph (55);
2 (9) assisting all students with a college or
3 post-secondary education plan, which must include a
4 discussion on all post-secondary education options,
5 including 4-year colleges or universities, community
6 colleges, and vocational schools, and includes planning
7 for post-secondary education, as appropriate, and engaging
8 in related and relevant career and technical education
9 coursework in high school as described in paragraph (55);
10 (10) (blank); intentionally addressing the career and
11 college needs of first generation students;
12 (11) educating all students on scholarships, financial
13 aid, and preparation of the Federal Application for
14 Federal Student Aid;
15 (12) collaborating with institutions of higher
16 education and local community colleges so that students
17 understand post-secondary education options and are ready
18 to transition successfully;
19 (13) providing crisis intervention and contributing to
20 the development of a specific crisis plan within the
21 school setting in collaboration with multiple
22 stakeholders;
23 (14) providing educational opportunities for educating
24 students, teachers, and parents on mental health anxiety,
25 depression, cutting, and suicide issues and intervening
26 with students who present with these issues;
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1 (15) providing counseling and other resources to
2 students who are in crisis;
3 (16) working to address barriers that prohibit or
4 limit access providing resources for those students who do
5 not have access to mental health services;
6 (17) addressing bullying and conflict resolution with
7 all students;
8 (18) teaching communication skills and helping
9 students develop positive relationships;
10 (19) using culturally sensitive skills in working with
11 all students to promote wellness;
12 (20) working to address addressing the needs of all
13 undocumented students with regard to citizenship status in
14 the school, as well as students who are legally in the
15 United States, but whose parents are undocumented;
16 (21) (blank); contributing to a student's functional
17 behavioral assessment, as well as assisting in the
18 development of non-aversive behavioral intervention
19 strategies;
20 (22) providing academic, social-emotional, and college
21 and career supports to all students irrespective of
22 special education or Section 504 status; (i) assisting
23 students in need of special education services by
24 implementing the academic supports and social-emotional
25 and college or career development counseling services or
26 interventions per a student's individualized education
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1 program (IEP); (ii) participating in or contributing to a
2 student's IEP and completing a social-developmental
3 history; or (iii) providing services to a student with a
4 disability under the student's IEP or federal Section 504
5 plan, as recommended by the student's IEP team or Section
6 504 plan team and in compliance with federal and State
7 laws and rules governing the provision of educational and
8 related services and school-based accommodations to
9 students with disabilities and the qualifications of
10 school personnel to provide such services and
11 accommodations;
12 (23) assisting students in goal setting and success
13 skills for classroom behavior, study skills, test
14 preparation, internal motivation, and intrinsic rewards
15 the development of a personal educational plan with each
16 student;
17 (24) (blank); educating students on dual credit and
18 learning opportunities on the Internet;
19 (25) providing information for all students in the
20 selection of courses that will lead to post-secondary
21 education opportunities toward a successful career;
22 (26) interpreting achievement test results and guiding
23 students in appropriate directions;
24 (27) (blank); counseling with students, families, and
25 teachers, in compliance with federal and State laws;
26 (28) providing families with opportunities for
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1 education and counseling as appropriate in relation to the
2 student's educational assessment;
3 (29) consulting and collaborating with teachers and
4 other school personnel regarding behavior management and
5 intervention plans and inclusion in support of students;
6 (30) teaming and partnering with staff, parents,
7 businesses, and community organizations to support student
8 achievement and social-emotional learning standards for
9 all students;
10 (31) developing and implementing school-based
11 prevention programs, including, but not limited to,
12 mediation and violence prevention, implementing social and
13 emotional education programs and services, and
14 establishing and implementing bullying prevention and
15 intervention programs;
16 (32) developing culturally sensitive assessment
17 instruments for measuring school counseling prevention and
18 intervention effectiveness and collecting, analyzing, and
19 interpreting data;
20 (33) participating on school and district committees
21 to advocate for student programs and resources, as well as
22 establishing a school counseling advisory council that
23 includes representatives of key stakeholders selected to
24 review and advise on the implementation of the school
25 counseling program;
26 (34) acting as a liaison between the public schools
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1 and community resources and building relationships with
2 important stakeholders, such as families, administrators,
3 teachers, and board members;
4 (35) maintaining organized, clear, and useful records
5 in a confidential manner consistent with Section 5 of the
6 Illinois School Student Records Act, the Family
7 Educational Rights and Privacy Act, and the Health
8 Insurance Portability and Accountability Act;
9 (36) presenting an annual agreement to the
10 administration, including a formal discussion of the
11 alignment of school and school counseling program missions
12 and goals and detailing specific school counselor
13 responsibilities;
14 (37) identifying and implementing culturally sensitive
15 measures of success for student competencies in each of
16 the 3 domains of academic, social and emotional, and
17 college and career learning based on planned and periodic
18 assessment of the comprehensive developmental school
19 counseling program;
20 (38) collaborating as a team member in Multi-Tiered
21 Systems of Support Response to Intervention (RtI) and
22 other school initiatives;
23 (39) conducting observations and participating in
24 recommendations or interventions regarding the placement
25 of children in educational programs or special education
26 classes;
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1 (40) analyzing data and results of school counseling
2 program assessments, including curriculum, small-group,
3 and closing-the-gap results reports, and designing
4 strategies to continue to improve program effectiveness;
5 (41) analyzing data and results of school counselor
6 competency assessments;
7 (42) following American School Counselor Association
8 Ethical Standards for School Counselors to demonstrate
9 high standards of integrity, leadership, and
10 professionalism;
11 (43) using student competencies to assess student
12 growth and development to inform decisions regarding
13 strategies, activities, and services that help students
14 achieve the highest academic level possible knowing and
15 embracing common core standards by using common core
16 language;
17 (44) practicing as a culturally skilled school
18 counselor by infusing the multicultural competencies
19 within the role of the school counselor, including the
20 practice of culturally sensitive attitudes and beliefs,
21 knowledge, and skills;
22 (45) infusing the Social-Emotional Standards, as
23 presented in the State Board of Education standards,
24 across the curriculum and in the counselor's role in ways
25 that empower and enable students to achieve academic
26 success across all grade levels;
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1 (46) providing services only in areas in which the
2 school counselor has appropriate training or expertise, as
3 well as only providing counseling or consulting services
4 within his or her employment to any student in the
5 district or districts which employ such school counselor,
6 in accordance with professional ethics;
7 (47) having adequate training in supervision knowledge
8 and skills in order to supervise school counseling interns
9 enrolled in graduate school counselor preparation programs
10 that meet the standards established by the State Board of
11 Education;
12 (48) being involved with State and national
13 professional associations;
14 (49) complete the required training as outlined in
15 Section 10-22.39;
16 (50) (blank);
17 (51) (blank);
18 (52) (blank);
19 (53) (blank);
20 (54) (blank); and participating in mandates from the
21 State Board of Education for bullying education and
22 social-emotional literacy; and
23 (55) promoting career and technical education by
24 assisting each student to determine an appropriate
25 postsecondary plan based upon the student's skills,
26 strengths, and goals and assisting the student to
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1 implement the best practices that improve career or
2 workforce readiness after high school.
3 School districts may employ a sufficient number of school
4 counselors to maintain the national and State recommended
5 student-counselor ratio of 250 to 1. School districts may have
6 school counselors spend at least 80% of his or her work time in
7 direct contact with students.
8 Nothing in this Section prohibits other qualified
9 professionals, including other endorsed school support
10 personnel, from providing the services listed in this Section.
11 (Source: P.A. 102-876, eff. 1-1-23; 103-154, eff. 6-30-23;
12 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for
13 effective date of P.A. 103-542.)
14 (105 ILCS 5/10-27.1A)
15 Sec. 10-27.1A. Firearms in schools.
16 (a) All school officials, including teachers, school
17 counselors, and support staff, shall immediately notify the
18 office of the principal in the event that they observe any
19 person in possession of a firearm on school grounds; provided
20 that taking such immediate action to notify the office of the
21 principal would not immediately endanger the health, safety,
22 or welfare of students who are under the direct supervision of
23 the school official or the school official. If the health,
24 safety, or welfare of students under the direct supervision of
25 the school official or of the school official is immediately
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1 endangered, the school official shall notify the office of the
2 principal as soon as the students under his or her supervision
3 and he or she are no longer under immediate danger. A report is
4 not required by this Section when the school official knows
5 that the person in possession of the firearm is a law
6 enforcement official engaged in the conduct of his or her
7 official duties. Any school official acting in good faith who
8 makes such a report under this Section shall have immunity
9 from any civil or criminal liability that might otherwise be
10 incurred as a result of making the report. The identity of the
11 school official making such report shall not be disclosed
12 except as expressly and specifically authorized by law.
13 Knowingly and willfully failing to comply with this Section is
14 a petty offense. A second or subsequent offense is a Class C
15 misdemeanor.
16 (b) Upon receiving a report from any school official
17 pursuant to this Section, or from any other person, the
18 principal or his or her designee shall immediately notify a
19 local law enforcement agency. If the person found to be in
20 possession of a firearm on school grounds is a student, the
21 principal or his or her designee shall also immediately notify
22 that student's parent or guardian. Any principal or his or her
23 designee acting in good faith who makes such reports under
24 this Section shall have immunity from any civil or criminal
25 liability that might otherwise be incurred or imposed as a
26 result of making the reports. Knowingly and willfully failing
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1 to comply with this Section is a petty offense. A second or
2 subsequent offense is a Class C misdemeanor. If the person
3 found to be in possession of the firearm on school grounds is a
4 minor, the law enforcement agency shall detain that minor
5 until such time as the agency makes a determination pursuant
6 to clause (a) of subsection (1) of Section 5-401 of the
7 Juvenile Court Act of 1987, as to whether the agency
8 reasonably believes that the minor is delinquent. If the law
9 enforcement agency determines that probable cause exists to
10 believe that the minor committed a violation of item (4) of
11 subsection (a) of Section 24-1 of the Criminal Code of 2012
12 while on school grounds, the agency shall detain the minor for
13 processing pursuant to Section 5-407 of the Juvenile Court Act
14 of 1987.
15 (c) Upon receipt of any written, electronic, or verbal
16 report from any school personnel regarding a verified incident
17 involving a firearm in a school or on school owned or leased
18 property, including any conveyance owned, leased, or used by
19 the school for the transport of students or school personnel,
20 the superintendent or his or her designee shall report all
21 such firearm-related incidents occurring in a school or on
22 school property to the local law enforcement authorities
23 immediately, who shall report to the Illinois State Police in
24 a form, manner, and frequency as prescribed by the Illinois
25 State Police.
26 The State Board of Education shall receive an annual
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1 statistical compilation and related data associated with
2 incidents involving firearms in schools from the Illinois
3 State Police. The State Board of Education shall compile this
4 information by school district and make it available to the
5 public.
6 (c-5) Schools shall report any written, electronic, or
7 verbal report of a verified incident involving a firearm made
8 under subsection (c) to the State Board of Education through
9 existing school incident reporting systems as they occur
10 during the year by no later than July 31 for the previous
11 school year. The State Board of Education shall report data by
12 school district, as collected from school districts, and make
13 it available to the public via its website. The local law
14 enforcement authority shall, by March 1 of each year, report
15 the required data from the previous year to the Illinois State
16 Police's Illinois Uniform Crime Reporting Program, which shall
17 be included in its annual Crime in Illinois report.
18 (d) As used in this Section, the term "firearm" shall have
19 the meaning ascribed to it in Section 1.1 of the Firearm Owners
20 Identification Card Act.
21 As used in this Section, the term "school" means any
22 public or private elementary or secondary school.
23 As used in this Section, the term "school grounds"
24 includes the real property comprising any school, any
25 conveyance owned, leased, or contracted by a school to
26 transport students to or from school or a school-related
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1 activity, or any public way within 1,000 feet of the real
2 property comprising any school.
3 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
4 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
5 (105 ILCS 5/10-27.1B)
6 Sec. 10-27.1B. Reporting drug-related incidents in
7 schools.
8 (a) In this Section:
9 "Drug" means "cannabis" as defined under subsection (a) of
10 Section 3 of the Cannabis Control Act, "narcotic drug" as
11 defined under subsection (aa) of Section 102 of the Illinois
12 Controlled Substances Act, or "methamphetamine" as defined
13 under Section 10 of the Methamphetamine Control and Community
14 Protection Act.
15 "School" means any public or private elementary or
16 secondary school.
17 (b) Upon receipt of any written, electronic, or verbal
18 report from any school personnel regarding a verified incident
19 involving drugs in a school or on school owned or leased
20 property, including any conveyance owned, leased, or used by
21 the school for the transport of students or school personnel,
22 the superintendent or his or her designee, or other
23 appropriate administrative officer for a private school, shall
24 report all such drug-related incidents occurring in a school
25 or on school property to the local law enforcement authorities
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1 immediately and to the Illinois State Police in a form,
2 manner, and frequency as prescribed by the Illinois State
3 Police.
4 (c) (Blank). The State Board of Education shall receive an
5 annual statistical compilation and related data associated
6 with drug-related incidents in schools from the Illinois State
7 Police. The State Board of Education shall compile this
8 information by school district and make it available to the
9 public.
10 (d) Schools shall report any written, electronic, or
11 verbal report of an incident involving drugs made under
12 subsection (b) to the State Board of Education through
13 existing school incident reporting systems as they occur
14 during the year by no later than July 31 for the previous
15 school year. The State Board of Education shall report data by
16 school district, as collected from school districts, and make
17 it available to the public via its website. The local law
18 enforcement authority shall, by March 1 of each year, report
19 the required data from the previous year to the Illinois State
20 Police's Illinois Uniform Crime Reporting Program, which shall
21 be included in its annual Crime in Illinois report.
22 (Source: P.A. 102-538, eff. 8-20-21.)
23 (105 ILCS 5/18-8.15)
24 Sec. 18-8.15. Evidence-Based Funding for student success
25 for the 2017-2018 and subsequent school years.
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1 (a) General provisions.
2 (1) The purpose of this Section is to ensure that, by
3 June 30, 2027 and beyond, this State has a kindergarten
4 through grade 12 public education system with the capacity
5 to ensure the educational development of all persons to
6 the limits of their capacities in accordance with Section
7 1 of Article X of the Constitution of the State of
8 Illinois. To accomplish that objective, this Section
9 creates a method of funding public education that is
10 evidence-based; is sufficient to ensure every student
11 receives a meaningful opportunity to learn irrespective of
12 race, ethnicity, sexual orientation, gender, or
13 community-income level; and is sustainable and
14 predictable. When fully funded under this Section, every
15 school shall have the resources, based on what the
16 evidence indicates is needed, to:
17 (A) provide all students with a high quality
18 education that offers the academic, enrichment, social
19 and emotional support, technical, and career-focused
20 programs that will allow them to become competitive
21 workers, responsible parents, productive citizens of
22 this State, and active members of our national
23 democracy;
24 (B) ensure all students receive the education they
25 need to graduate from high school with the skills
26 required to pursue post-secondary education and
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1 training for a rewarding career;
2 (C) reduce, with a goal of eliminating, the
3 achievement gap between at-risk and non-at-risk
4 students by raising the performance of at-risk
5 students and not by reducing standards; and
6 (D) ensure this State satisfies its obligation to
7 assume the primary responsibility to fund public
8 education and simultaneously relieve the
9 disproportionate burden placed on local property taxes
10 to fund schools.
11 (2) The Evidence-Based Funding formula under this
12 Section shall be applied to all Organizational Units in
13 this State. The Evidence-Based Funding formula outlined in
14 this Act is based on the formula outlined in Senate Bill 1
15 of the 100th General Assembly, as passed by both
16 legislative chambers. As further defined and described in
17 this Section, there are 4 major components of the
18 Evidence-Based Funding model:
19 (A) First, the model calculates a unique Adequacy
20 Target for each Organizational Unit in this State that
21 considers the costs to implement research-based
22 activities, the unit's student demographics, and
23 regional wage differences.
24 (B) Second, the model calculates each
25 Organizational Unit's Local Capacity, or the amount
26 each Organizational Unit is assumed to contribute
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1 toward its Adequacy Target from local resources.
2 (C) Third, the model calculates how much funding
3 the State currently contributes to the Organizational
4 Unit and adds that to the unit's Local Capacity to
5 determine the unit's overall current adequacy of
6 funding.
7 (D) Finally, the model's distribution method
8 allocates new State funding to those Organizational
9 Units that are least well-funded, considering both
10 Local Capacity and State funding, in relation to their
11 Adequacy Target.
12 (3) An Organizational Unit receiving any funding under
13 this Section may apply those funds to any fund so received
14 for which that Organizational Unit is authorized to make
15 expenditures by law.
16 (4) As used in this Section, the following terms shall
17 have the meanings ascribed in this paragraph (4):
18 "Adequacy Target" is defined in paragraph (1) of
19 subsection (b) of this Section.
20 "Adjusted EAV" is defined in paragraph (4) of
21 subsection (d) of this Section.
22 "Adjusted Local Capacity Target" is defined in
23 paragraph (3) of subsection (c) of this Section.
24 "Adjusted Operating Tax Rate" means a tax rate for all
25 Organizational Units, for which the State Superintendent
26 shall calculate and subtract for the Operating Tax Rate a
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1 transportation rate based on total expenses for
2 transportation services under this Code, as reported on
3 the most recent Annual Financial Report in Pupil
4 Transportation Services, function 2550 in both the
5 Education and Transportation funds and functions 4110 and
6 4120 in the Transportation fund, less any corresponding
7 fiscal year State of Illinois scheduled payments excluding
8 net adjustments for prior years for regular, vocational,
9 or special education transportation reimbursement pursuant
10 to Section 29-5 or subsection (b) of Section 14-13.01 of
11 this Code divided by the Adjusted EAV. If an
12 Organizational Unit's corresponding fiscal year State of
13 Illinois scheduled payments excluding net adjustments for
14 prior years for regular, vocational, or special education
15 transportation reimbursement pursuant to Section 29-5 or
16 subsection (b) of Section 14-13.01 of this Code exceed the
17 total transportation expenses, as defined in this
18 paragraph, no transportation rate shall be subtracted from
19 the Operating Tax Rate.
20 "Allocation Rate" is defined in paragraph (3) of
21 subsection (g) of this Section.
22 "Alternative School" means a public school that is
23 created and operated by a regional superintendent of
24 schools and approved by the State Board.
25 "Applicable Tax Rate" is defined in paragraph (1) of
26 subsection (d) of this Section.
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1 "Assessment" means any of those benchmark, progress
2 monitoring, formative, diagnostic, and other assessments,
3 in addition to the State accountability assessment, that
4 assist teachers' needs in understanding the skills and
5 meeting the needs of the students they serve.
6 "Assistant principal" means a school administrator
7 duly endorsed to be employed as an assistant principal in
8 this State.
9 "At-risk student" means a student who is at risk of
10 not meeting the Illinois Learning Standards or not
11 graduating from elementary or high school and who
12 demonstrates a need for vocational support or social
13 services beyond that provided by the regular school
14 program. All students included in an Organizational Unit's
15 Low-Income Count, as well as all English learner and
16 disabled students attending the Organizational Unit, shall
17 be considered at-risk students under this Section.
18 "Average Student Enrollment" or "ASE" for fiscal year
19 2018 means, for an Organizational Unit, the greater of the
20 average number of students (grades K through 12) reported
21 to the State Board as enrolled in the Organizational Unit
22 on October 1 in the immediately preceding school year,
23 plus the pre-kindergarten students who receive special
24 education services of 2 or more hours a day as reported to
25 the State Board on December 1 in the immediately preceding
26 school year, or the average number of students (grades K
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1 through 12) reported to the State Board as enrolled in the
2 Organizational Unit on October 1, plus the
3 pre-kindergarten students who receive special education
4 services of 2 or more hours a day as reported to the State
5 Board on December 1, for each of the immediately preceding
6 3 school years. For fiscal year 2019 and each subsequent
7 fiscal year, "Average Student Enrollment" or "ASE" means,
8 for an Organizational Unit, the greater of the average
9 number of students (grades K through 12) reported to the
10 State Board as enrolled in the Organizational Unit on
11 October 1 and March 1 in the immediately preceding school
12 year, plus the pre-kindergarten students who receive
13 special education services as reported to the State Board
14 on October 1 and March 1 in the immediately preceding
15 school year, or the average number of students (grades K
16 through 12) reported to the State Board as enrolled in the
17 Organizational Unit on October 1 and March 1, plus the
18 pre-kindergarten students who receive special education
19 services as reported to the State Board on October 1 and
20 March 1, for each of the immediately preceding 3 school
21 years. For the purposes of this definition, "enrolled in
22 the Organizational Unit" means the number of students
23 reported to the State Board who are enrolled in schools
24 within the Organizational Unit that the student attends or
25 would attend if not placed or transferred to another
26 school or program to receive needed services. For the
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1 purposes of calculating "ASE", all students, grades K
2 through 12, excluding those attending kindergarten for a
3 half day and students attending an alternative education
4 program operated by a regional office of education or
5 intermediate service center, shall be counted as 1.0. All
6 students attending kindergarten for a half day shall be
7 counted as 0.5, unless in 2017 by June 15 or by March 1 in
8 subsequent years, the school district reports to the State
9 Board of Education the intent to implement full-day
10 kindergarten district-wide for all students, then all
11 students attending kindergarten shall be counted as 1.0.
12 Special education pre-kindergarten students shall be
13 counted as 0.5 each. If the State Board does not collect or
14 has not collected both an October 1 and March 1 enrollment
15 count by grade or a December 1 collection of special
16 education pre-kindergarten students as of August 31, 2017
17 (the effective date of Public Act 100-465), it shall
18 establish such collection for all future years. For any
19 year in which a count by grade level was collected only
20 once, that count shall be used as the single count
21 available for computing a 3-year average ASE. Funding for
22 programs operated by a regional office of education or an
23 intermediate service center must be calculated using the
24 Evidence-Based Funding formula under this Section for the
25 2019-2020 school year and each subsequent school year
26 until separate adequacy formulas are developed and adopted
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1 for each type of program. ASE for a program operated by a
2 regional office of education or an intermediate service
3 center must be determined by the March 1 enrollment for
4 the program. For the 2019-2020 school year, the ASE used
5 in the calculation must be the first-year ASE and, in that
6 year only, the assignment of students served by a regional
7 office of education or intermediate service center shall
8 not result in a reduction of the March enrollment for any
9 school district. For the 2020-2021 school year, the ASE
10 must be the greater of the current-year ASE or the 2-year
11 average ASE. Beginning with the 2021-2022 school year, the
12 ASE must be the greater of the current-year ASE or the
13 3-year average ASE. School districts shall submit the data
14 for the ASE calculation to the State Board within 45 days
15 of the dates required in this Section for submission of
16 enrollment data in order for it to be included in the ASE
17 calculation. For fiscal year 2018 only, the ASE
18 calculation shall include only enrollment taken on October
19 1. In recognition of the impact of COVID-19, the
20 definition of "Average Student Enrollment" or "ASE" shall
21 be adjusted for calculations under this Section for fiscal
22 years 2022 through 2024. For fiscal years 2022 through
23 2024, the enrollment used in the calculation of ASE
24 representing the 2020-2021 school year shall be the
25 greater of the enrollment for the 2020-2021 school year or
26 the 2019-2020 school year.
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1 "Base Funding Guarantee" is defined in paragraph (10)
2 of subsection (g) of this Section.
3 "Base Funding Minimum" is defined in subsection (e) of
4 this Section.
5 "Base Tax Year" means the property tax levy year used
6 to calculate the Budget Year allocation of primary State
7 aid.
8 "Base Tax Year's Extension" means the product of the
9 equalized assessed valuation utilized by the county clerk
10 in the Base Tax Year multiplied by the limiting rate as
11 calculated by the county clerk and defined in PTELL.
12 "Bilingual Education Allocation" means the amount of
13 an Organizational Unit's final Adequacy Target
14 attributable to bilingual education divided by the
15 Organizational Unit's final Adequacy Target, the product
16 of which shall be multiplied by the amount of new funding
17 received pursuant to this Section. An Organizational
18 Unit's final Adequacy Target attributable to bilingual
19 education shall include all additional investments in
20 English learner students' adequacy elements.
21 "Budget Year" means the school year for which primary
22 State aid is calculated and awarded under this Section.
23 "Central office" means individual administrators and
24 support service personnel charged with managing the
25 instructional programs, business and operations, and
26 security of the Organizational Unit.
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1 "Comparable Wage Index" or "CWI" means a regional cost
2 differentiation metric that measures systemic, regional
3 variations in the salaries of college graduates who are
4 not educators. The CWI utilized for this Section shall,
5 for the first 3 years of Evidence-Based Funding
6 implementation, be the CWI initially developed by the
7 National Center for Education Statistics, as most recently
8 updated by Texas A & M University. In the fourth and
9 subsequent years of Evidence-Based Funding implementation,
10 the State Superintendent shall re-determine the CWI using
11 a similar methodology to that identified in the Texas A & M
12 University study, with adjustments made no less frequently
13 than once every 5 years.
14 "Computer technology and equipment" means computers
15 servers, notebooks, network equipment, copiers, printers,
16 instructional software, security software, curriculum
17 management courseware, and other similar materials and
18 equipment.
19 "Computer technology and equipment investment
20 allocation" means the final Adequacy Target amount of an
21 Organizational Unit assigned to Tier 1 or Tier 2 in the
22 prior school year attributable to the additional $285.50
23 per student computer technology and equipment investment
24 grant divided by the Organizational Unit's final Adequacy
25 Target, the result of which shall be multiplied by the
26 amount of new funding received pursuant to this Section.
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1 An Organizational Unit assigned to a Tier 1 or Tier 2 final
2 Adequacy Target attributable to the received computer
3 technology and equipment investment grant shall include
4 all additional investments in computer technology and
5 equipment adequacy elements.
6 "Core subject" means mathematics; science; reading,
7 English, writing, and language arts; history and social
8 studies; world languages; and subjects taught as Advanced
9 Placement in high schools.
10 "Core teacher" means a regular classroom teacher in
11 elementary schools and teachers of a core subject in
12 middle and high schools.
13 "Core Intervention teacher (tutor)" means a licensed
14 teacher providing one-on-one or small group tutoring to
15 students struggling to meet proficiency in core subjects.
16 "CPPRT" means corporate personal property replacement
17 tax funds paid to an Organizational Unit during the
18 calendar year one year before the calendar year in which a
19 school year begins, pursuant to "An Act in relation to the
20 abolition of ad valorem personal property tax and the
21 replacement of revenues lost thereby, and amending and
22 repealing certain Acts and parts of Acts in connection
23 therewith", certified August 14, 1979, as amended (Public
24 Act 81-1st S.S.-1).
25 "EAV" means equalized assessed valuation as defined in
26 paragraph (2) of subsection (d) of this Section and
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1 calculated in accordance with paragraph (3) of subsection
2 (d) of this Section.
3 "ECI" means the Bureau of Labor Statistics' national
4 employment cost index for civilian workers in educational
5 services in elementary and secondary schools on a
6 cumulative basis for the 12-month calendar year preceding
7 the fiscal year of the Evidence-Based Funding calculation.
8 "EIS Data" means the employment information system
9 data maintained by the State Board on educators within
10 Organizational Units.
11 "Employee benefits" means health, dental, and vision
12 insurance offered to employees of an Organizational Unit,
13 the costs associated with the statutorily required payment
14 of the normal cost of the Organizational Unit's teacher
15 pensions, Social Security employer contributions, and
16 Illinois Municipal Retirement Fund employer contributions.
17 "English learner" or "EL" means a child included in
18 the definition of "English learners" under Section 14C-2
19 of this Code participating in a program of transitional
20 bilingual education or a transitional program of
21 instruction meeting the requirements and program
22 application procedures of Article 14C of this Code. For
23 the purposes of collecting the number of EL students
24 enrolled, the same collection and calculation methodology
25 as defined above for "ASE" shall apply to English
26 learners, with the exception that EL student enrollment
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1 shall include students in grades pre-kindergarten through
2 12.
3 "Essential Elements" means those elements, resources,
4 and educational programs that have been identified through
5 academic research as necessary to improve student success,
6 improve academic performance, close achievement gaps, and
7 provide for other per student costs related to the
8 delivery and leadership of the Organizational Unit, as
9 well as the maintenance and operations of the unit, and
10 which are specified in paragraph (2) of subsection (b) of
11 this Section.
12 "Evidence-Based Funding" means State funding provided
13 to an Organizational Unit pursuant to this Section.
14 "Extended day" means academic and enrichment programs
15 provided to students outside the regular school day before
16 and after school or during non-instructional times during
17 the school day.
18 "Extension Limitation Ratio" means a numerical ratio
19 in which the numerator is the Base Tax Year's Extension
20 and the denominator is the Preceding Tax Year's Extension.
21 "Final Percent of Adequacy" is defined in paragraph
22 (4) of subsection (f) of this Section.
23 "Final Resources" is defined in paragraph (3) of
24 subsection (f) of this Section.
25 "Full-time equivalent" or "FTE" means the full-time
26 equivalency compensation for staffing the relevant
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1 position at an Organizational Unit.
2 "Funding Gap" is defined in paragraph (1) of
3 subsection (g).
4 "Hybrid District" means a partial elementary unit
5 district created pursuant to Article 11E of this Code.
6 "Instructional assistant" means a core or special
7 education, non-licensed employee who assists a teacher in
8 the classroom and provides academic support to students.
9 "Instructional facilitator" means a qualified teacher
10 or licensed teacher leader who facilitates and coaches
11 continuous improvement in classroom instruction; provides
12 instructional support to teachers in the elements of
13 research-based instruction or demonstrates the alignment
14 of instruction with curriculum standards and assessment
15 tools; develops or coordinates instructional programs or
16 strategies; develops and implements training; chooses
17 standards-based instructional materials; provides
18 teachers with an understanding of current research; serves
19 as a mentor, site coach, curriculum specialist, or lead
20 teacher; or otherwise works with fellow teachers, in
21 collaboration, to use data to improve instructional
22 practice or develop model lessons.
23 "Instructional materials" means relevant
24 instructional materials for student instruction,
25 including, but not limited to, textbooks, consumable
26 workbooks, laboratory equipment, library books, and other
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1 similar materials.
2 "Laboratory School" means a public school that is
3 created and operated by a public university and approved
4 by the State Board.
5 "Librarian" means a teacher with an endorsement as a
6 library information specialist or another individual whose
7 primary responsibility is overseeing library resources
8 within an Organizational Unit.
9 "Limiting rate for Hybrid Districts" means the
10 combined elementary school and high school limiting rates.
11 "Local Capacity" is defined in paragraph (1) of
12 subsection (c) of this Section.
13 "Local Capacity Percentage" is defined in subparagraph
14 (A) of paragraph (2) of subsection (c) of this Section.
15 "Local Capacity Ratio" is defined in subparagraph (B)
16 of paragraph (2) of subsection (c) of this Section.
17 "Local Capacity Target" is defined in paragraph (2) of
18 subsection (c) of this Section.
19 "Low-Income Count" means, for an Organizational Unit
20 in a fiscal year, the higher of the average number of
21 students for the prior school year or the immediately
22 preceding 3 school years who, as of July 1 of the
23 immediately preceding fiscal year (as determined by the
24 Department of Human Services), are eligible for at least
25 one of the following low-income programs: Medicaid, the
26 Children's Health Insurance Program, Temporary Assistance
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1 for Needy Families (TANF), or the Supplemental Nutrition
2 Assistance Program, excluding pupils who are eligible for
3 services provided by the Department of Children and Family
4 Services. Until such time that grade level low-income
5 populations become available, grade level low-income
6 populations shall be determined by applying the low-income
7 percentage to total student enrollments by grade level.
8 The low-income percentage is determined by dividing the
9 Low-Income Count by the Average Student Enrollment. The
10 low-income percentage for programs operated by a regional
11 office of education or an intermediate service center
12 operating one or more alternative education programs must
13 be set to the weighted average of the low-income
14 percentages of all of the school districts in the service
15 region. The weighted low-income percentage is the result
16 of multiplying the low-income percentage of each school
17 district served by the regional office of education or
18 intermediate service center by each school district's
19 Average Student Enrollment, summarizing those products and
20 dividing the total by the total Average Student Enrollment
21 for the service region.
22 "Maintenance and operations" means custodial services,
23 facility and ground maintenance, facility operations,
24 facility security, routine facility repairs, and other
25 similar services and functions.
26 "Minimum Funding Level" is defined in paragraph (9) of
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1 subsection (g) of this Section.
2 "New Property Tax Relief Pool Funds" means, for any
3 given fiscal year, all State funds appropriated under
4 Section 2-3.170 of this Code.
5 "New State Funds" means, for a given school year, all
6 State funds appropriated for Evidence-Based Funding in
7 excess of the amount needed to fund the Base Funding
8 Minimum for all Organizational Units in that school year.
9 "Nurse" means an individual licensed as a certified
10 school nurse, in accordance with the rules established for
11 nursing services by the State Board, who is an employee of
12 and is available to provide health care-related services
13 for students of an Organizational Unit.
14 "Operating Tax Rate" means the rate utilized in the
15 previous year to extend property taxes for all purposes,
16 except Bond and Interest, Summer School, Rent, Capital
17 Improvement, and Vocational Education Building purposes.
18 For Hybrid Districts, the Operating Tax Rate shall be the
19 combined elementary and high school rates utilized in the
20 previous year to extend property taxes for all purposes,
21 except Bond and Interest, Summer School, Rent, Capital
22 Improvement, and Vocational Education Building purposes.
23 "Organizational Unit" means a Laboratory School or any
24 public school district that is recognized as such by the
25 State Board and that contains elementary schools typically
26 serving kindergarten through 5th grades, middle schools
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1 typically serving 6th through 8th grades, high schools
2 typically serving 9th through 12th grades, a program
3 established under Section 2-3.66 or 2-3.41, or a program
4 operated by a regional office of education or an
5 intermediate service center under Article 13A or 13B. The
6 General Assembly acknowledges that the actual grade levels
7 served by a particular Organizational Unit may vary
8 slightly from what is typical.
9 "Organizational Unit CWI" is determined by calculating
10 the CWI in the region and original county in which an
11 Organizational Unit's primary administrative office is
12 located as set forth in this paragraph, provided that if
13 the Organizational Unit CWI as calculated in accordance
14 with this paragraph is less than 0.9, the Organizational
15 Unit CWI shall be increased to 0.9. Each county's current
16 CWI value shall be adjusted based on the CWI value of that
17 county's neighboring Illinois counties, to create a
18 "weighted adjusted index value". This shall be calculated
19 by summing the CWI values of all of a county's adjacent
20 Illinois counties and dividing by the number of adjacent
21 Illinois counties, then taking the weighted value of the
22 original county's CWI value and the adjacent Illinois
23 county average. To calculate this weighted value, if the
24 number of adjacent Illinois counties is greater than 2,
25 the original county's CWI value will be weighted at 0.25
26 and the adjacent Illinois county average will be weighted
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1 at 0.75. If the number of adjacent Illinois counties is 2,
2 the original county's CWI value will be weighted at 0.33
3 and the adjacent Illinois county average will be weighted
4 at 0.66. The greater of the county's current CWI value and
5 its weighted adjusted index value shall be used as the
6 Organizational Unit CWI.
7 "Preceding Tax Year" means the property tax levy year
8 immediately preceding the Base Tax Year.
9 "Preceding Tax Year's Extension" means the product of
10 the equalized assessed valuation utilized by the county
11 clerk in the Preceding Tax Year multiplied by the
12 Operating Tax Rate.
13 "Preliminary Percent of Adequacy" is defined in
14 paragraph (2) of subsection (f) of this Section.
15 "Preliminary Resources" is defined in paragraph (2) of
16 subsection (f) of this Section.
17 "Principal" means a school administrator duly endorsed
18 to be employed as a principal in this State.
19 "Professional development" means training programs for
20 licensed staff in schools, including, but not limited to,
21 programs that assist in implementing new curriculum
22 programs, provide data focused or academic assessment data
23 training to help staff identify a student's weaknesses and
24 strengths, target interventions, improve instruction,
25 encompass instructional strategies for English learner,
26 gifted, or at-risk students, address inclusivity, cultural
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1 sensitivity, or implicit bias, or otherwise provide
2 professional support for licensed staff.
3 "Prototypical" means 450 special education
4 pre-kindergarten and kindergarten through grade 5 students
5 for an elementary school, 450 grade 6 through 8 students
6 for a middle school, and 600 grade 9 through 12 students
7 for a high school.
8 "PTELL" means the Property Tax Extension Limitation
9 Law.
10 "PTELL EAV" is defined in paragraph (4) of subsection
11 (d) of this Section.
12 "Pupil support staff" means a nurse, psychologist,
13 social worker, family liaison personnel, or other staff
14 member who provides support to at-risk or struggling
15 students.
16 "Real Receipts" is defined in paragraph (1) of
17 subsection (d) of this Section.
18 "Regionalization Factor" means, for a particular
19 Organizational Unit, the figure derived by dividing the
20 Organizational Unit CWI by the Statewide Weighted CWI.
21 "School counselor" means a licensed school counselor
22 who provides guidance and counseling support for students
23 within an Organizational Unit.
24 "School site staff" means the primary school secretary
25 and any additional clerical personnel assigned to a
26 school.
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1 "Special education" means special educational
2 facilities and services, as defined in Section 14-1.08 of
3 this Code.
4 "Special Education Allocation" means the amount of an
5 Organizational Unit's final Adequacy Target attributable
6 to special education divided by the Organizational Unit's
7 final Adequacy Target, the product of which shall be
8 multiplied by the amount of new funding received pursuant
9 to this Section. An Organizational Unit's final Adequacy
10 Target attributable to special education shall include all
11 special education investment adequacy elements.
12 "Specialist teacher" means a teacher who provides
13 instruction in subject areas not included in core
14 subjects, including, but not limited to, art, music,
15 physical education, health, driver education,
16 career-technical education, and such other subject areas
17 as may be mandated by State law or provided by an
18 Organizational Unit.
19 "Specially Funded Unit" means an Alternative School,
20 safe school, Department of Juvenile Justice school,
21 special education cooperative or entity recognized by the
22 State Board as a special education cooperative,
23 State-approved charter school, or alternative learning
24 opportunities program that received direct funding from
25 the State Board during the 2016-2017 school year through
26 any of the funding sources included within the calculation
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1 of the Base Funding Minimum or Glenwood Academy.
2 "Supplemental Grant Funding" means supplemental
3 general State aid funding received by an Organizational
4 Unit during the 2016-2017 school year pursuant to
5 subsection (H) of Section 18-8.05 of this Code (now
6 repealed).
7 "State Adequacy Level" is the sum of the Adequacy
8 Targets of all Organizational Units.
9 "State Board" means the State Board of Education.
10 "State Superintendent" means the State Superintendent
11 of Education.
12 "Statewide Weighted CWI" means a figure determined by
13 multiplying each Organizational Unit CWI times the ASE for
14 that Organizational Unit creating a weighted value,
15 summing all Organizational Units' weighted values, and
16 dividing by the total ASE of all Organizational Units,
17 thereby creating an average weighted index.
18 "Student activities" means non-credit producing
19 after-school programs, including, but not limited to,
20 clubs, bands, sports, and other activities authorized by
21 the school board of the Organizational Unit.
22 "Substitute teacher" means an individual teacher or
23 teaching assistant who is employed by an Organizational
24 Unit and is temporarily serving the Organizational Unit on
25 a per diem or per period-assignment basis to replace
26 another staff member.
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1 "Summer school" means academic and enrichment programs
2 provided to students during the summer months outside of
3 the regular school year.
4 "Supervisory aide" means a non-licensed staff member
5 who helps in supervising students of an Organizational
6 Unit, but does so outside of the classroom, in situations
7 such as, but not limited to, monitoring hallways and
8 playgrounds, supervising lunchrooms, or supervising
9 students when being transported in buses serving the
10 Organizational Unit.
11 "Target Ratio" is defined in paragraph (4) of
12 subsection (g).
13 "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
14 in paragraph (3) of subsection (g).
15 "Tier 1 Aggregate Funding", "Tier 2 Aggregate
16 Funding", "Tier 3 Aggregate Funding", and "Tier 4
17 Aggregate Funding" are defined in paragraph (1) of
18 subsection (g).
19 (b) Adequacy Target calculation.
20 (1) Each Organizational Unit's Adequacy Target is the
21 sum of the Organizational Unit's cost of providing
22 Essential Elements, as calculated in accordance with this
23 subsection (b), with the salary amounts in the Essential
24 Elements multiplied by a Regionalization Factor calculated
25 pursuant to paragraph (3) of this subsection (b).
26 (2) The Essential Elements are attributable on a pro
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1 rata basis related to defined subgroups of the ASE of each
2 Organizational Unit as specified in this paragraph (2),
3 with investments and FTE positions pro rata funded based
4 on ASE counts in excess of or less than the thresholds set
5 forth in this paragraph (2). The method for calculating
6 attributable pro rata costs and the defined subgroups
7 thereto are as follows:
8 (A) Core class size investments. Each
9 Organizational Unit shall receive the funding required
10 to support that number of FTE core teacher positions
11 as is needed to keep the respective class sizes of the
12 Organizational Unit to the following maximum numbers:
13 (i) For grades kindergarten through 3, the
14 Organizational Unit shall receive funding required
15 to support one FTE core teacher position for every
16 15 Low-Income Count students in those grades and
17 one FTE core teacher position for every 20
18 non-Low-Income Count students in those grades.
19 (ii) For grades 4 through 12, the
20 Organizational Unit shall receive funding required
21 to support one FTE core teacher position for every
22 20 Low-Income Count students in those grades and
23 one FTE core teacher position for every 25
24 non-Low-Income Count students in those grades.
25 The number of non-Low-Income Count students in a
26 grade shall be determined by subtracting the
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1 Low-Income students in that grade from the ASE of the
2 Organizational Unit for that grade.
3 (B) Specialist teacher investments. Each
4 Organizational Unit shall receive the funding needed
5 to cover that number of FTE specialist teacher
6 positions that correspond to the following
7 percentages:
8 (i) if the Organizational Unit operates an
9 elementary or middle school, then 20.00% of the
10 number of the Organizational Unit's core teachers,
11 as determined under subparagraph (A) of this
12 paragraph (2); and
13 (ii) if such Organizational Unit operates a
14 high school, then 33.33% of the number of the
15 Organizational Unit's core teachers.
16 (C) Instructional facilitator investments. Each
17 Organizational Unit shall receive the funding needed
18 to cover one FTE instructional facilitator position
19 for every 200 combined ASE of pre-kindergarten
20 children with disabilities and all kindergarten
21 through grade 12 students of the Organizational Unit.
22 (D) Core intervention teacher (tutor) investments.
23 Each Organizational Unit shall receive the funding
24 needed to cover one FTE teacher position for each
25 prototypical elementary, middle, and high school.
26 (E) Substitute teacher investments. Each
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1 Organizational Unit shall receive the funding needed
2 to cover substitute teacher costs that is equal to
3 5.70% of the minimum pupil attendance days required
4 under Section 10-19 of this Code for all full-time
5 equivalent core, specialist, and intervention
6 teachers, school nurses, special education teachers
7 and instructional assistants, instructional
8 facilitators, and summer school and extended day
9 teacher positions, as determined under this paragraph
10 (2), at a salary rate of 33.33% of the average salary
11 for grade K through 12 teachers and 33.33% of the
12 average salary of each instructional assistant
13 position.
14 (F) Core school counselor investments. Each
15 Organizational Unit shall receive the funding needed
16 to cover one FTE school counselor for each 450
17 combined ASE of pre-kindergarten children with
18 disabilities and all kindergarten through grade 5
19 students, plus one FTE school counselor for each 250
20 grades 6 through 8 ASE middle school students, plus
21 one FTE school counselor for each 250 grades 9 through
22 12 ASE high school students.
23 (G) Nurse investments. Each Organizational Unit
24 shall receive the funding needed to cover one FTE
25 nurse for each 750 combined ASE of pre-kindergarten
26 children with disabilities and all kindergarten
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1 through grade 12 students across all grade levels it
2 serves.
3 (H) Supervisory aide investments. Each
4 Organizational Unit shall receive the funding needed
5 to cover one FTE for each 225 combined ASE of
6 pre-kindergarten children with disabilities and all
7 kindergarten through grade 5 students, plus one FTE
8 for each 225 ASE middle school students, plus one FTE
9 for each 200 ASE high school students.
10 (I) Librarian investments. Each Organizational
11 Unit shall receive the funding needed to cover one FTE
12 librarian for each prototypical elementary school,
13 middle school, and high school and one FTE aide or
14 media technician for every 300 combined ASE of
15 pre-kindergarten children with disabilities and all
16 kindergarten through grade 12 students.
17 (J) Principal investments. Each Organizational
18 Unit shall receive the funding needed to cover one FTE
19 principal position for each prototypical elementary
20 school, plus one FTE principal position for each
21 prototypical middle school, plus one FTE principal
22 position for each prototypical high school.
23 (K) Assistant principal investments. Each
24 Organizational Unit shall receive the funding needed
25 to cover one FTE assistant principal position for each
26 prototypical elementary school, plus one FTE assistant
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1 principal position for each prototypical middle
2 school, plus one FTE assistant principal position for
3 each prototypical high school.
4 (L) School site staff investments. Each
5 Organizational Unit shall receive the funding needed
6 for one FTE position for each 225 ASE of
7 pre-kindergarten children with disabilities and all
8 kindergarten through grade 5 students, plus one FTE
9 position for each 225 ASE middle school students, plus
10 one FTE position for each 200 ASE high school
11 students.
12 (M) Gifted investments. Each Organizational Unit
13 shall receive $40 per kindergarten through grade 12
14 ASE.
15 (N) Professional development investments. Each
16 Organizational Unit shall receive $125 per student of
17 the combined ASE of pre-kindergarten children with
18 disabilities and all kindergarten through grade 12
19 students for trainers and other professional
20 development-related expenses for supplies and
21 materials.
22 (O) Instructional material investments. Each
23 Organizational Unit shall receive $190 per student of
24 the combined ASE of pre-kindergarten children with
25 disabilities and all kindergarten through grade 12
26 students to cover instructional material costs.
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1 (P) Assessment investments. Each Organizational
2 Unit shall receive $25 per student of the combined ASE
3 of pre-kindergarten children with disabilities and all
4 kindergarten through grade 12 students to cover
5 assessment costs.
6 (Q) Computer technology and equipment investments.
7 Each Organizational Unit shall receive $285.50 per
8 student of the combined ASE of pre-kindergarten
9 children with disabilities and all kindergarten
10 through grade 12 students to cover computer technology
11 and equipment costs. For the 2018-2019 school year and
12 subsequent school years, Organizational Units assigned
13 to Tier 1 and Tier 2 in the prior school year shall
14 receive an additional $285.50 per student of the
15 combined ASE of pre-kindergarten children with
16 disabilities and all kindergarten through grade 12
17 students to cover computer technology and equipment
18 costs in the Organizational Unit's Adequacy Target.
19 The State Board may establish additional requirements
20 for Organizational Unit expenditures of funds received
21 pursuant to this subparagraph (Q), including a
22 requirement that funds received pursuant to this
23 subparagraph (Q) may be used only for serving the
24 technology needs of the district. It is the intent of
25 Public Act 100-465 that all Tier 1 and Tier 2 districts
26 receive the addition to their Adequacy Target in the
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1 following year, subject to compliance with the
2 requirements of the State Board.
3 (R) Student activities investments. Each
4 Organizational Unit shall receive the following
5 funding amounts to cover student activities: $100 per
6 kindergarten through grade 5 ASE student in elementary
7 school, plus $200 per ASE student in middle school,
8 plus $675 per ASE student in high school.
9 (S) Maintenance and operations investments. Each
10 Organizational Unit shall receive $1,038 per student
11 of the combined ASE of pre-kindergarten children with
12 disabilities and all kindergarten through grade 12
13 students for day-to-day maintenance and operations
14 expenditures, including salary, supplies, and
15 materials, as well as purchased services, but
16 excluding employee benefits. The proportion of salary
17 for the application of a Regionalization Factor and
18 the calculation of benefits is equal to $352.92.
19 (T) Central office investments. Each
20 Organizational Unit shall receive $742 per student of
21 the combined ASE of pre-kindergarten children with
22 disabilities and all kindergarten through grade 12
23 students to cover central office operations, including
24 administrators and classified personnel charged with
25 managing the instructional programs, business and
26 operations of the school district, and security
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1 personnel. The proportion of salary for the
2 application of a Regionalization Factor and the
3 calculation of benefits is equal to $368.48.
4 (U) Employee benefit investments. Each
5 Organizational Unit shall receive 30% of the total of
6 all salary-calculated elements of the Adequacy Target,
7 excluding substitute teachers and student activities
8 investments, to cover benefit costs. For central
9 office and maintenance and operations investments, the
10 benefit calculation shall be based upon the salary
11 proportion of each investment. If at any time the
12 responsibility for funding the employer normal cost of
13 teacher pensions is assigned to school districts, then
14 that amount certified by the Teachers' Retirement
15 System of the State of Illinois to be paid by the
16 Organizational Unit for the preceding school year
17 shall be added to the benefit investment. For any
18 fiscal year in which a school district organized under
19 Article 34 of this Code is responsible for paying the
20 employer normal cost of teacher pensions, then that
21 amount of its employer normal cost plus the amount for
22 retiree health insurance as certified by the Public
23 School Teachers' Pension and Retirement Fund of
24 Chicago to be paid by the school district for the
25 preceding school year that is statutorily required to
26 cover employer normal costs and the amount for retiree
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1 health insurance shall be added to the 30% specified
2 in this subparagraph (U). The Teachers' Retirement
3 System of the State of Illinois and the Public School
4 Teachers' Pension and Retirement Fund of Chicago shall
5 submit such information as the State Superintendent
6 may require for the calculations set forth in this
7 subparagraph (U).
8 (V) Additional investments in low-income students.
9 In addition to and not in lieu of all other funding
10 under this paragraph (2), each Organizational Unit
11 shall receive funding based on the average teacher
12 salary for grades K through 12 to cover the costs of:
13 (i) one FTE intervention teacher (tutor)
14 position for every 125 Low-Income Count students;
15 (ii) one FTE pupil support staff position for
16 every 125 Low-Income Count students;
17 (iii) one FTE extended day teacher position
18 for every 120 Low-Income Count students; and
19 (iv) one FTE summer school teacher position
20 for every 120 Low-Income Count students.
21 (W) Additional investments in English learner
22 students. In addition to and not in lieu of all other
23 funding under this paragraph (2), each Organizational
24 Unit shall receive funding based on the average
25 teacher salary for grades K through 12 to cover the
26 costs of:
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1 (i) one FTE intervention teacher (tutor)
2 position for every 125 English learner students;
3 (ii) one FTE pupil support staff position for
4 every 125 English learner students;
5 (iii) one FTE extended day teacher position
6 for every 120 English learner students;
7 (iv) one FTE summer school teacher position
8 for every 120 English learner students; and
9 (v) one FTE core teacher position for every
10 100 English learner students.
11 (X) Special education investments. Each
12 Organizational Unit shall receive funding based on the
13 average teacher salary for grades K through 12 to
14 cover special education as follows:
15 (i) one FTE teacher position for every 141
16 combined ASE of pre-kindergarten children with
17 disabilities and all kindergarten through grade 12
18 students;
19 (ii) one FTE instructional assistant for every
20 141 combined ASE of pre-kindergarten children with
21 disabilities and all kindergarten through grade 12
22 students; and
23 (iii) one FTE psychologist position for every
24 1,000 combined ASE of pre-kindergarten children
25 with disabilities and all kindergarten through
26 grade 12 students.
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1 (3) For calculating the salaries included within the
2 Essential Elements, the State Superintendent shall
3 annually calculate average salaries to the nearest dollar
4 using the employment information system data maintained by
5 the State Board, limited to public schools only and
6 excluding special education and vocational cooperatives,
7 schools operated by the Department of Juvenile Justice,
8 and charter schools, for the following positions:
9 (A) Teacher for grades K through 8.
10 (B) Teacher for grades 9 through 12.
11 (C) Teacher for grades K through 12.
12 (D) School counselor for grades K through 8.
13 (E) School counselor for grades 9 through 12.
14 (F) School counselor for grades K through 12.
15 (G) Social worker.
16 (H) Psychologist.
17 (I) Librarian.
18 (J) Nurse.
19 (K) Principal.
20 (L) Assistant principal.
21 For the purposes of this paragraph (3), "teacher"
22 includes core teachers, specialist and elective teachers,
23 instructional facilitators, tutors, special education
24 teachers, pupil support staff teachers, English learner
25 teachers, extended day teachers, and summer school
26 teachers. Where specific grade data is not required for
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1 the Essential Elements, the average salary for
2 corresponding positions shall apply. For substitute
3 teachers, the average teacher salary for grades K through
4 12 shall apply.
5 For calculating the salaries included within the
6 Essential Elements for positions not included within EIS
7 Data, the following salaries shall be used in the first
8 year of implementation of Evidence-Based Funding:
9 (i) school site staff, $30,000; and
10 (ii) non-instructional assistant, instructional
11 assistant, library aide, library media tech, or
12 supervisory aide: $25,000.
13 In the second and subsequent years of implementation
14 of Evidence-Based Funding, the amounts in items (i) and
15 (ii) of this paragraph (3) shall annually increase by the
16 ECI.
17 The salary amounts for the Essential Elements
18 determined pursuant to subparagraphs (A) through (L), (S)
19 and (T), and (V) through (X) of paragraph (2) of
20 subsection (b) of this Section shall be multiplied by a
21 Regionalization Factor.
22 (c) Local Capacity calculation.
23 (1) Each Organizational Unit's Local Capacity
24 represents an amount of funding it is assumed to
25 contribute toward its Adequacy Target for purposes of the
26 Evidence-Based Funding formula calculation. "Local
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1 Capacity" means either (i) the Organizational Unit's Local
2 Capacity Target as calculated in accordance with paragraph
3 (2) of this subsection (c) if its Real Receipts are equal
4 to or less than its Local Capacity Target or (ii) the
5 Organizational Unit's Adjusted Local Capacity, as
6 calculated in accordance with paragraph (3) of this
7 subsection (c) if Real Receipts are more than its Local
8 Capacity Target.
9 (2) "Local Capacity Target" means, for an
10 Organizational Unit, that dollar amount that is obtained
11 by multiplying its Adequacy Target by its Local Capacity
12 Ratio.
13 (A) An Organizational Unit's Local Capacity
14 Percentage is the conversion of the Organizational
15 Unit's Local Capacity Ratio, as such ratio is
16 determined in accordance with subparagraph (B) of this
17 paragraph (2), into a cumulative distribution
18 resulting in a percentile ranking to determine each
19 Organizational Unit's relative position to all other
20 Organizational Units in this State. The calculation of
21 Local Capacity Percentage is described in subparagraph
22 (C) of this paragraph (2).
23 (B) An Organizational Unit's Local Capacity Ratio
24 in a given year is the percentage obtained by dividing
25 its Adjusted EAV or PTELL EAV, whichever is less, by
26 its Adequacy Target, with the resulting ratio further
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1 adjusted as follows:
2 (i) for Organizational Units serving grades
3 kindergarten through 12 and Hybrid Districts, no
4 further adjustments shall be made;
5 (ii) for Organizational Units serving grades
6 kindergarten through 8, the ratio shall be
7 multiplied by 9/13;
8 (iii) for Organizational Units serving grades
9 9 through 12, the Local Capacity Ratio shall be
10 multiplied by 4/13; and
11 (iv) for an Organizational Unit with a
12 different grade configuration than those specified
13 in items (i) through (iii) of this subparagraph
14 (B), the State Superintendent shall determine a
15 comparable adjustment based on the grades served.
16 (C) The Local Capacity Percentage is equal to the
17 percentile ranking of the district. Local Capacity
18 Percentage converts each Organizational Unit's Local
19 Capacity Ratio to a cumulative distribution resulting
20 in a percentile ranking to determine each
21 Organizational Unit's relative position to all other
22 Organizational Units in this State. The Local Capacity
23 Percentage cumulative distribution resulting in a
24 percentile ranking for each Organizational Unit shall
25 be calculated using the standard normal distribution
26 of the score in relation to the weighted mean and
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1 weighted standard deviation and Local Capacity Ratios
2 of all Organizational Units. If the value assigned to
3 any Organizational Unit is in excess of 90%, the value
4 shall be adjusted to 90%. For Laboratory Schools, the
5 Local Capacity Percentage shall be set at 10% in
6 recognition of the absence of EAV and resources from
7 the public university that are allocated to the
8 Laboratory School. For programs operated by a regional
9 office of education or an intermediate service center
10 operating one or more alternative education programs,
11 the Local Capacity Percentage must be set at 10% in
12 recognition of the absence of EAV and resources from
13 school districts that are allocated to the regional
14 office of education or intermediate service center.
15 The weighted mean for the Local Capacity Percentage
16 shall be determined by multiplying each Organizational
17 Unit's Local Capacity Ratio times the ASE for the unit
18 creating a weighted value, summing the weighted values
19 of all Organizational Units, and dividing by the total
20 ASE of all Organizational Units. The weighted standard
21 deviation shall be determined by taking the square
22 root of the weighted variance of all Organizational
23 Units' Local Capacity Ratio, where the variance is
24 calculated by squaring the difference between each
25 unit's Local Capacity Ratio and the weighted mean,
26 then multiplying the variance for each unit times the
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1 ASE for the unit to create a weighted variance for each
2 unit, then summing all units' weighted variance and
3 dividing by the total ASE of all units.
4 (D) For any Organizational Unit, the
5 Organizational Unit's Adjusted Local Capacity Target
6 shall be reduced by either (i) the school board's
7 remaining contribution pursuant to paragraph (ii) of
8 subsection (b-4) of Section 16-158 of the Illinois
9 Pension Code in a given year or (ii) the board of
10 education's remaining contribution pursuant to
11 paragraph (iv) of subsection (b) of Section 17-129 of
12 the Illinois Pension Code absent the employer normal
13 cost portion of the required contribution and amount
14 allowed pursuant to subdivision (3) of Section
15 17-142.1 of the Illinois Pension Code in a given year.
16 In the preceding sentence, item (i) shall be certified
17 to the State Board of Education by the Teachers'
18 Retirement System of the State of Illinois and item
19 (ii) shall be certified to the State Board of
20 Education by the Public School Teachers' Pension and
21 Retirement Fund of the City of Chicago.
22 (3) If an Organizational Unit's Real Receipts are more
23 than its Local Capacity Target, then its Local Capacity
24 shall equal an Adjusted Local Capacity Target as
25 calculated in accordance with this paragraph (3). The
26 Adjusted Local Capacity Target is calculated as the sum of
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1 the Organizational Unit's Local Capacity Target and its
2 Real Receipts Adjustment. The Real Receipts Adjustment
3 equals the Organizational Unit's Real Receipts less its
4 Local Capacity Target, with the resulting figure
5 multiplied by the Local Capacity Percentage.
6 As used in this paragraph (3), "Real Percent of
7 Adequacy" means the sum of an Organizational Unit's Real
8 Receipts, CPPRT, and Base Funding Minimum, with the
9 resulting figure divided by the Organizational Unit's
10 Adequacy Target.
11 (d) Calculation of Real Receipts, EAV, and Adjusted EAV
12 for purposes of the Local Capacity calculation.
13 (1) An Organizational Unit's Real Receipts are the
14 product of its Applicable Tax Rate and its Adjusted EAV.
15 An Organizational Unit's Applicable Tax Rate is its
16 Adjusted Operating Tax Rate for property within the
17 Organizational Unit.
18 (2) The State Superintendent shall calculate the
19 equalized assessed valuation, or EAV, of all taxable
20 property of each Organizational Unit as of September 30 of
21 the previous year in accordance with paragraph (3) of this
22 subsection (d). The State Superintendent shall then
23 determine the Adjusted EAV of each Organizational Unit in
24 accordance with paragraph (4) of this subsection (d),
25 which Adjusted EAV figure shall be used for the purposes
26 of calculating Local Capacity.
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1 (3) To calculate Real Receipts and EAV, the Department
2 of Revenue shall supply to the State Superintendent the
3 value as equalized or assessed by the Department of
4 Revenue of all taxable property of every Organizational
5 Unit, together with (i) the applicable tax rate used in
6 extending taxes for the funds of the Organizational Unit
7 as of September 30 of the previous year and (ii) the
8 limiting rate for all Organizational Units subject to
9 property tax extension limitations as imposed under PTELL.
10 (A) The Department of Revenue shall add to the
11 equalized assessed value of all taxable property of
12 each Organizational Unit situated entirely or
13 partially within a county that is or was subject to the
14 provisions of Section 15-176 or 15-177 of the Property
15 Tax Code (i) an amount equal to the total amount by
16 which the homestead exemption allowed under Section
17 15-176 or 15-177 of the Property Tax Code for real
18 property situated in that Organizational Unit exceeds
19 the total amount that would have been allowed in that
20 Organizational Unit if the maximum reduction under
21 Section 15-176 was (I) $4,500 in Cook County or $3,500
22 in all other counties in tax year 2003 or (II) $5,000
23 in all counties in tax year 2004 and thereafter and
24 (ii) an amount equal to the aggregate amount for the
25 taxable year of all additional exemptions under
26 Section 15-175 of the Property Tax Code for owners
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1 with a household income of $30,000 or less. The county
2 clerk of any county that is or was subject to the
3 provisions of Section 15-176 or 15-177 of the Property
4 Tax Code shall annually calculate and certify to the
5 Department of Revenue for each Organizational Unit all
6 homestead exemption amounts under Section 15-176 or
7 15-177 of the Property Tax Code and all amounts of
8 additional exemptions under Section 15-175 of the
9 Property Tax Code for owners with a household income
10 of $30,000 or less. It is the intent of this
11 subparagraph (A) that if the general homestead
12 exemption for a parcel of property is determined under
13 Section 15-176 or 15-177 of the Property Tax Code
14 rather than Section 15-175, then the calculation of
15 EAV shall not be affected by the difference, if any,
16 between the amount of the general homestead exemption
17 allowed for that parcel of property under Section
18 15-176 or 15-177 of the Property Tax Code and the
19 amount that would have been allowed had the general
20 homestead exemption for that parcel of property been
21 determined under Section 15-175 of the Property Tax
22 Code. It is further the intent of this subparagraph
23 (A) that if additional exemptions are allowed under
24 Section 15-175 of the Property Tax Code for owners
25 with a household income of less than $30,000, then the
26 calculation of EAV shall not be affected by the
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1 difference, if any, because of those additional
2 exemptions.
3 (B) With respect to any part of an Organizational
4 Unit within a redevelopment project area in respect to
5 which a municipality has adopted tax increment
6 allocation financing pursuant to the Tax Increment
7 Allocation Redevelopment Act, Division 74.4 of Article
8 11 of the Illinois Municipal Code, or the Industrial
9 Jobs Recovery Law, Division 74.6 of Article 11 of the
10 Illinois Municipal Code, no part of the current EAV of
11 real property located in any such project area that is
12 attributable to an increase above the total initial
13 EAV of such property shall be used as part of the EAV
14 of the Organizational Unit, until such time as all
15 redevelopment project costs have been paid, as
16 provided in Section 11-74.4-8 of the Tax Increment
17 Allocation Redevelopment Act or in Section 11-74.6-35
18 of the Industrial Jobs Recovery Law. For the purpose
19 of the EAV of the Organizational Unit, the total
20 initial EAV or the current EAV, whichever is lower,
21 shall be used until such time as all redevelopment
22 project costs have been paid.
23 (B-5) The real property equalized assessed
24 valuation for a school district shall be adjusted by
25 subtracting from the real property value, as equalized
26 or assessed by the Department of Revenue, for the
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1 district an amount computed by dividing the amount of
2 any abatement of taxes under Section 18-170 of the
3 Property Tax Code by 3.00% for a district maintaining
4 grades kindergarten through 12, by 2.30% for a
5 district maintaining grades kindergarten through 8, or
6 by 1.05% for a district maintaining grades 9 through
7 12 and adjusted by an amount computed by dividing the
8 amount of any abatement of taxes under subsection (a)
9 of Section 18-165 of the Property Tax Code by the same
10 percentage rates for district type as specified in
11 this subparagraph (B-5).
12 (C) For Organizational Units that are Hybrid
13 Districts, the State Superintendent shall use the
14 lesser of the adjusted equalized assessed valuation
15 for property within the partial elementary unit
16 district for elementary purposes, as defined in
17 Article 11E of this Code, or the adjusted equalized
18 assessed valuation for property within the partial
19 elementary unit district for high school purposes, as
20 defined in Article 11E of this Code.
21 (D) If a school district's boundaries span
22 multiple counties, then the Department of Revenue
23 shall send to the State Board, for the purposes of
24 calculating Evidence-Based Funding, the limiting rate
25 and individual rates by purpose for the county that
26 contains the majority of the school district's
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1 equalized assessed valuation.
2 (4) An Organizational Unit's Adjusted EAV shall be the
3 average of its EAV over the immediately preceding 3 years
4 or the lesser of its EAV in the immediately preceding year
5 or the average of its EAV over the immediately preceding 3
6 years if the EAV in the immediately preceding year has
7 declined by 10% or more when comparing the 2 most recent
8 years. In the event of Organizational Unit reorganization,
9 consolidation, or annexation, the Organizational Unit's
10 Adjusted EAV for the first 3 years after such change shall
11 be as follows: the most current EAV shall be used in the
12 first year, the average of a 2-year EAV or its EAV in the
13 immediately preceding year if the EAV declines by 10% or
14 more when comparing the 2 most recent years for the second
15 year, and the lesser of a 3-year average EAV or its EAV in
16 the immediately preceding year if the Adjusted EAV
17 declines by 10% or more when comparing the 2 most recent
18 years for the third year. For any school district whose
19 EAV in the immediately preceding year is used in
20 calculations, in the following year, the Adjusted EAV
21 shall be the average of its EAV over the immediately
22 preceding 2 years or the immediately preceding year if
23 that year represents a decline of 10% or more when
24 comparing the 2 most recent years.
25 "PTELL EAV" means a figure calculated by the State
26 Board for Organizational Units subject to PTELL as
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1 described in this paragraph (4) for the purposes of
2 calculating an Organizational Unit's Local Capacity Ratio.
3 Except as otherwise provided in this paragraph (4), the
4 PTELL EAV of an Organizational Unit shall be equal to the
5 product of the equalized assessed valuation last used in
6 the calculation of general State aid under Section 18-8.05
7 of this Code (now repealed) or Evidence-Based Funding
8 under this Section and the Organizational Unit's Extension
9 Limitation Ratio. If an Organizational Unit has approved
10 or does approve an increase in its limiting rate, pursuant
11 to Section 18-190 of the Property Tax Code, affecting the
12 Base Tax Year, the PTELL EAV shall be equal to the product
13 of the equalized assessed valuation last used in the
14 calculation of general State aid under Section 18-8.05 of
15 this Code (now repealed) or Evidence-Based Funding under
16 this Section multiplied by an amount equal to one plus the
17 percentage increase, if any, in the Consumer Price Index
18 for All Urban Consumers for all items published by the
19 United States Department of Labor for the 12-month
20 calendar year preceding the Base Tax Year, plus the
21 equalized assessed valuation of new property, annexed
22 property, and recovered tax increment value and minus the
23 equalized assessed valuation of disconnected property.
24 As used in this paragraph (4), "new property" and
25 "recovered tax increment value" shall have the meanings
26 set forth in the Property Tax Extension Limitation Law.
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1 (e) Base Funding Minimum calculation.
2 (1) For the 2017-2018 school year, the Base Funding
3 Minimum of an Organizational Unit or a Specially Funded
4 Unit shall be the amount of State funds distributed to the
5 Organizational Unit or Specially Funded Unit during the
6 2016-2017 school year prior to any adjustments and
7 specified appropriation amounts described in this
8 paragraph (1) from the following Sections, as calculated
9 by the State Superintendent: Section 18-8.05 of this Code
10 (now repealed); Section 5 of Article 224 of Public Act
11 99-524 (equity grants); Section 14-7.02b of this Code
12 (funding for children requiring special education
13 services); Section 14-13.01 of this Code (special
14 education facilities and staffing), except for
15 reimbursement of the cost of transportation pursuant to
16 Section 14-13.01; Section 14C-12 of this Code (English
17 learners); and Section 18-4.3 of this Code (summer
18 school), based on an appropriation level of $13,121,600.
19 For a school district organized under Article 34 of this
20 Code, the Base Funding Minimum also includes (i) the funds
21 allocated to the school district pursuant to Section 1D-1
22 of this Code attributable to funding programs authorized
23 by the Sections of this Code listed in the preceding
24 sentence and (ii) the difference between (I) the funds
25 allocated to the school district pursuant to Section 1D-1
26 of this Code attributable to the funding programs
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1 authorized by Section 14-7.02 (non-public special
2 education reimbursement), subsection (b) of Section
3 14-13.01 (special education transportation), Section 29-5
4 (transportation), Section 2-3.80 (agricultural
5 education), Section 2-3.66 (truants' alternative
6 education), Section 2-3.62 (educational service centers),
7 and Section 14-7.03 (special education - orphanage) of
8 this Code and Section 15 of the Childhood Hunger Relief
9 Act (free breakfast program) and (II) the school
10 district's actual expenditures for its non-public special
11 education, special education transportation,
12 transportation programs, agricultural education, truants'
13 alternative education, services that would otherwise be
14 performed by a regional office of education, special
15 education orphanage expenditures, and free breakfast, as
16 most recently calculated and reported pursuant to
17 subsection (f) of Section 1D-1 of this Code. The Base
18 Funding Minimum for Glenwood Academy shall be $952,014.
19 For programs operated by a regional office of education or
20 an intermediate service center, the Base Funding Minimum
21 must be the total amount of State funds allocated to those
22 programs in the 2018-2019 school year and amounts provided
23 pursuant to Article 34 of Public Act 100-586 and Section
24 3-16 of this Code. All programs established after June 5,
25 2019 (the effective date of Public Act 101-10) and
26 administered by a regional office of education or an
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1 intermediate service center must have an initial Base
2 Funding Minimum set to an amount equal to the first-year
3 ASE multiplied by the amount of per pupil funding received
4 in the previous school year by the lowest funded similar
5 existing program type. If the enrollment for a program
6 operated by a regional office of education or an
7 intermediate service center is zero, then it may not
8 receive Base Funding Minimum funds for that program in the
9 next fiscal year, and those funds must be distributed to
10 Organizational Units under subsection (g).
11 (2) For the 2018-2019 and subsequent school years, the
12 Base Funding Minimum of Organizational Units and Specially
13 Funded Units shall be the sum of (i) the amount of
14 Evidence-Based Funding for the prior school year, (ii) the
15 Base Funding Minimum for the prior school year, and (iii)
16 any amount received by a school district pursuant to
17 Section 7 of Article 97 of Public Act 100-21.
18 For the 2022-2023 school year, the Base Funding
19 Minimum of Organizational Units shall be the amounts
20 recalculated by the State Board of Education for Fiscal
21 Year 2019 through Fiscal Year 2022 that were necessary due
22 to average student enrollment errors for districts
23 organized under Article 34 of this Code, plus the Fiscal
24 Year 2022 property tax relief grants provided under
25 Section 2-3.170 of this Code, ensuring each Organizational
26 Unit has the correct amount of resources for Fiscal Year
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1 2023 Evidence-Based Funding calculations and that Fiscal
2 Year 2023 Evidence-Based Funding Distributions are made in
3 accordance with this Section.
4 (3) Subject to approval by the General Assembly as
5 provided in this paragraph (3), an Organizational Unit
6 that meets all of the following criteria, as determined by
7 the State Board, shall have District Intervention Money
8 added to its Base Funding Minimum at the time the Base
9 Funding Minimum is calculated by the State Board:
10 (A) The Organizational Unit is operating under an
11 Independent Authority under Section 2-3.25f-5 of this
12 Code for a minimum of 4 school years or is subject to
13 the control of the State Board pursuant to a court
14 order for a minimum of 4 school years.
15 (B) The Organizational Unit was designated as a
16 Tier 1 or Tier 2 Organizational Unit in the previous
17 school year under paragraph (3) of subsection (g) of
18 this Section.
19 (C) The Organizational Unit demonstrates
20 sustainability through a 5-year financial and
21 strategic plan.
22 (D) The Organizational Unit has made sufficient
23 progress and achieved sufficient stability in the
24 areas of governance, academic growth, and finances.
25 As part of its determination under this paragraph (3),
26 the State Board may consider the Organizational Unit's
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1 summative designation, any accreditations of the
2 Organizational Unit, or the Organizational Unit's
3 financial profile, as calculated by the State Board.
4 If the State Board determines that an Organizational
5 Unit has met the criteria set forth in this paragraph (3),
6 it must submit a report to the General Assembly, no later
7 than January 2 of the fiscal year in which the State Board
8 makes it determination, on the amount of District
9 Intervention Money to add to the Organizational Unit's
10 Base Funding Minimum. The General Assembly must review the
11 State Board's report and may approve or disapprove, by
12 joint resolution, the addition of District Intervention
13 Money. If the General Assembly fails to act on the report
14 within 40 calendar days from the receipt of the report,
15 the addition of District Intervention Money is deemed
16 approved. If the General Assembly approves the amount of
17 District Intervention Money to be added to the
18 Organizational Unit's Base Funding Minimum, the District
19 Intervention Money must be added to the Base Funding
20 Minimum annually thereafter.
21 For the first 4 years following the initial year that
22 the State Board determines that an Organizational Unit has
23 met the criteria set forth in this paragraph (3) and has
24 received funding under this Section, the Organizational
25 Unit must annually submit to the State Board, on or before
26 November 30, a progress report regarding its financial and
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1 strategic plan under subparagraph (C) of this paragraph
2 (3). The plan shall include the financial data from the
3 past 4 annual financial reports or financial audits that
4 must be presented to the State Board by November 15 of each
5 year and the approved budget financial data for the
6 current year. The plan shall be developed according to the
7 guidelines presented to the Organizational Unit by the
8 State Board. The plan shall further include financial
9 projections for the next 3 fiscal years and include a
10 discussion and financial summary of the Organizational
11 Unit's facility needs. If the Organizational Unit does not
12 demonstrate sufficient progress toward its 5-year plan or
13 if it has failed to file an annual financial report, an
14 annual budget, a financial plan, a deficit reduction plan,
15 or other financial information as required by law, the
16 State Board may establish a Financial Oversight Panel
17 under Article 1H of this Code. However, if the
18 Organizational Unit already has a Financial Oversight
19 Panel, the State Board may extend the duration of the
20 Panel.
21 (f) Percent of Adequacy and Final Resources calculation.
22 (1) The Evidence-Based Funding formula establishes a
23 Percent of Adequacy for each Organizational Unit in order
24 to place such units into tiers for the purposes of the
25 funding distribution system described in subsection (g) of
26 this Section. Initially, an Organizational Unit's
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1 Preliminary Resources and Preliminary Percent of Adequacy
2 are calculated pursuant to paragraph (2) of this
3 subsection (f). Then, an Organizational Unit's Final
4 Resources and Final Percent of Adequacy are calculated to
5 account for the Organizational Unit's poverty
6 concentration levels pursuant to paragraphs (3) and (4) of
7 this subsection (f).
8 (2) An Organizational Unit's Preliminary Resources are
9 equal to the sum of its Local Capacity Target, CPPRT, and
10 Base Funding Minimum. An Organizational Unit's Preliminary
11 Percent of Adequacy is the lesser of (i) its Preliminary
12 Resources divided by its Adequacy Target or (ii) 100%.
13 (3) Except for Specially Funded Units, an
14 Organizational Unit's Final Resources are equal to the sum
15 of its Local Capacity, CPPRT, and Adjusted Base Funding
16 Minimum. The Base Funding Minimum of each Specially Funded
17 Unit shall serve as its Final Resources, except that the
18 Base Funding Minimum for State-approved charter schools
19 shall not include any portion of general State aid
20 allocated in the prior year based on the per capita
21 tuition charge times the charter school enrollment.
22 (4) An Organizational Unit's Final Percent of Adequacy
23 is its Final Resources divided by its Adequacy Target. An
24 Organizational Unit's Adjusted Base Funding Minimum is
25 equal to its Base Funding Minimum less its Supplemental
26 Grant Funding, with the resulting figure added to the
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1 product of its Supplemental Grant Funding and Preliminary
2 Percent of Adequacy.
3 (g) Evidence-Based Funding formula distribution system.
4 (1) In each school year under the Evidence-Based
5 Funding formula, each Organizational Unit receives funding
6 equal to the sum of its Base Funding Minimum and the unit's
7 allocation of New State Funds determined pursuant to this
8 subsection (g). To allocate New State Funds, the
9 Evidence-Based Funding formula distribution system first
10 places all Organizational Units into one of 4 tiers in
11 accordance with paragraph (3) of this subsection (g),
12 based on the Organizational Unit's Final Percent of
13 Adequacy. New State Funds are allocated to each of the 4
14 tiers as follows: Tier 1 Aggregate Funding equals 50% of
15 all New State Funds, Tier 2 Aggregate Funding equals 49%
16 of all New State Funds, Tier 3 Aggregate Funding equals
17 0.9% of all New State Funds, and Tier 4 Aggregate Funding
18 equals 0.1% of all New State Funds. Each Organizational
19 Unit within Tier 1 or Tier 2 receives an allocation of New
20 State Funds equal to its tier Funding Gap, as defined in
21 the following sentence, multiplied by the tier's
22 Allocation Rate determined pursuant to paragraph (4) of
23 this subsection (g). For Tier 1, an Organizational Unit's
24 Funding Gap equals the tier's Target Ratio, as specified
25 in paragraph (5) of this subsection (g), multiplied by the
26 Organizational Unit's Adequacy Target, with the resulting
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1 amount reduced by the Organizational Unit's Final
2 Resources. For Tier 2, an Organizational Unit's Funding
3 Gap equals the tier's Target Ratio, as described in
4 paragraph (5) of this subsection (g), multiplied by the
5 Organizational Unit's Adequacy Target, with the resulting
6 amount reduced by the Organizational Unit's Final
7 Resources and its Tier 1 funding allocation. To determine
8 the Organizational Unit's Funding Gap, the resulting
9 amount is then multiplied by a factor equal to one minus
10 the Organizational Unit's Local Capacity Target
11 percentage. Each Organizational Unit within Tier 3 or Tier
12 4 receives an allocation of New State Funds equal to the
13 product of its Adequacy Target and the tier's Allocation
14 Rate, as specified in paragraph (4) of this subsection
15 (g).
16 (2) To ensure equitable distribution of dollars for
17 all Tier 2 Organizational Units, no Tier 2 Organizational
18 Unit shall receive fewer dollars per ASE than any Tier 3
19 Organizational Unit. Each Tier 2 and Tier 3 Organizational
20 Unit shall have its funding allocation divided by its ASE.
21 Any Tier 2 Organizational Unit with a funding allocation
22 per ASE below the greatest Tier 3 allocation per ASE shall
23 get a funding allocation equal to the greatest Tier 3
24 funding allocation per ASE multiplied by the
25 Organizational Unit's ASE. Each Tier 2 Organizational
26 Unit's Tier 2 funding allocation shall be multiplied by
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1 the percentage calculated by dividing the original Tier 2
2 Aggregate Funding by the sum of all Tier 2 Organizational
3 Units' Tier 2 funding allocation after adjusting
4 districts' funding below Tier 3 levels.
5 (3) Organizational Units are placed into one of 4
6 tiers as follows:
7 (A) Tier 1 consists of all Organizational Units,
8 except for Specially Funded Units, with a Percent of
9 Adequacy less than the Tier 1 Target Ratio. The Tier 1
10 Target Ratio is the ratio level that allows for Tier 1
11 Aggregate Funding to be distributed, with the Tier 1
12 Allocation Rate determined pursuant to paragraph (4)
13 of this subsection (g).
14 (B) Tier 2 consists of all Tier 1 Units and all
15 other Organizational Units, except for Specially
16 Funded Units, with a Percent of Adequacy of less than
17 0.90.
18 (C) Tier 3 consists of all Organizational Units,
19 except for Specially Funded Units, with a Percent of
20 Adequacy of at least 0.90 and less than 1.0.
21 (D) Tier 4 consists of all Organizational Units
22 with a Percent of Adequacy of at least 1.0.
23 (4) The Allocation Rates for Tiers 1 through 4 are
24 determined as follows:
25 (A) The Tier 1 Allocation Rate is 30%.
26 (B) The Tier 2 Allocation Rate is the result of the
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1 following equation: Tier 2 Aggregate Funding, divided
2 by the sum of the Funding Gaps for all Tier 2
3 Organizational Units, unless the result of such
4 equation is higher than 1.0. If the result of such
5 equation is higher than 1.0, then the Tier 2
6 Allocation Rate is 1.0.
7 (C) The Tier 3 Allocation Rate is the result of the
8 following equation: Tier 3 Aggregate Funding, divided
9 by the sum of the Adequacy Targets of all Tier 3
10 Organizational Units.
11 (D) The Tier 4 Allocation Rate is the result of the
12 following equation: Tier 4 Aggregate Funding, divided
13 by the sum of the Adequacy Targets of all Tier 4
14 Organizational Units.
15 (5) A tier's Target Ratio is determined as follows:
16 (A) The Tier 1 Target Ratio is the ratio level that
17 allows for Tier 1 Aggregate Funding to be distributed
18 with the Tier 1 Allocation Rate.
19 (B) The Tier 2 Target Ratio is 0.90.
20 (C) The Tier 3 Target Ratio is 1.0.
21 (6) If, at any point, the Tier 1 Target Ratio is
22 greater than 90%, then all Tier 1 funding shall be
23 allocated to Tier 2 and no Tier 1 Organizational Unit's
24 funding may be identified.
25 (7) In the event that all Tier 2 Organizational Units
26 receive funding at the Tier 2 Target Ratio level, any
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1 remaining New State Funds shall be allocated to Tier 3 and
2 Tier 4 Organizational Units.
3 (8) If any Specially Funded Units, excluding Glenwood
4 Academy, recognized by the State Board do not qualify for
5 direct funding following the implementation of Public Act
6 100-465 from any of the funding sources included within
7 the definition of Base Funding Minimum, the unqualified
8 portion of the Base Funding Minimum shall be transferred
9 to one or more appropriate Organizational Units as
10 determined by the State Superintendent based on the prior
11 year ASE of the Organizational Units.
12 (8.5) If a school district withdraws from a special
13 education cooperative, the portion of the Base Funding
14 Minimum that is attributable to the school district may be
15 redistributed to the school district upon withdrawal. The
16 school district and the cooperative must include the
17 amount of the Base Funding Minimum that is to be
18 reapportioned in their withdrawal agreement and notify the
19 State Board of the change with a copy of the agreement upon
20 withdrawal.
21 (9) The Minimum Funding Level is intended to establish
22 a target for State funding that will keep pace with
23 inflation and continue to advance equity through the
24 Evidence-Based Funding formula. The target for State
25 funding of New Property Tax Relief Pool Funds is
26 $50,000,000 for State fiscal year 2019 and subsequent
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1 State fiscal years. The Minimum Funding Level is equal to
2 $350,000,000. In addition to any New State Funds, no more
3 than $50,000,000 New Property Tax Relief Pool Funds may be
4 counted toward the Minimum Funding Level. If the sum of
5 New State Funds and applicable New Property Tax Relief
6 Pool Funds are less than the Minimum Funding Level, than
7 funding for tiers shall be reduced in the following
8 manner:
9 (A) First, Tier 4 funding shall be reduced by an
10 amount equal to the difference between the Minimum
11 Funding Level and New State Funds until such time as
12 Tier 4 funding is exhausted.
13 (B) Next, Tier 3 funding shall be reduced by an
14 amount equal to the difference between the Minimum
15 Funding Level and New State Funds and the reduction in
16 Tier 4 funding until such time as Tier 3 funding is
17 exhausted.
18 (C) Next, Tier 2 funding shall be reduced by an
19 amount equal to the difference between the Minimum
20 Funding Level and New State Funds and the reduction in
21 Tier 4 and Tier 3.
22 (D) Finally, Tier 1 funding shall be reduced by an
23 amount equal to the difference between the Minimum
24 Funding level and New State Funds and the reduction in
25 Tier 2, 3, and 4 funding. In addition, the Allocation
26 Rate for Tier 1 shall be reduced to a percentage equal
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1 to the Tier 1 Allocation Rate set by paragraph (4) of
2 this subsection (g), multiplied by the result of New
3 State Funds divided by the Minimum Funding Level.
4 (9.5) For State fiscal year 2019 and subsequent State
5 fiscal years, if New State Funds exceed $300,000,000, then
6 any amount in excess of $300,000,000 shall be dedicated
7 for purposes of Section 2-3.170 of this Code up to a
8 maximum of $50,000,000.
9 (10) In the event of a decrease in the amount of the
10 appropriation for this Section in any fiscal year after
11 implementation of this Section, the Organizational Units
12 receiving Tier 1 and Tier 2 funding, as determined under
13 paragraph (3) of this subsection (g), shall be held
14 harmless by establishing a Base Funding Guarantee equal to
15 the per pupil kindergarten through grade 12 funding
16 received in accordance with this Section in the prior
17 fiscal year. Reductions shall be made to the Base Funding
18 Minimum of Organizational Units in Tier 3 and Tier 4 on a
19 per pupil basis equivalent to the total number of the ASE
20 in Tier 3-funded and Tier 4-funded Organizational Units
21 divided by the total reduction in State funding. The Base
22 Funding Minimum as reduced shall continue to be applied to
23 Tier 3 and Tier 4 Organizational Units and adjusted by the
24 relative formula when increases in appropriations for this
25 Section resume. In no event may State funding reductions
26 to Organizational Units in Tier 3 or Tier 4 exceed an
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1 amount that would be less than the Base Funding Minimum
2 established in the first year of implementation of this
3 Section. If additional reductions are required, all school
4 districts shall receive a reduction by a per pupil amount
5 equal to the aggregate additional appropriation reduction
6 divided by the total ASE of all Organizational Units.
7 (11) The State Superintendent shall make minor
8 adjustments to the distribution formula set forth in this
9 subsection (g) to account for the rounding of percentages
10 to the nearest tenth of a percentage and dollar amounts to
11 the nearest whole dollar.
12 (h) State Superintendent administration of funding and
13 district submission requirements.
14 (1) The State Superintendent shall, in accordance with
15 appropriations made by the General Assembly, meet the
16 funding obligations created under this Section.
17 (2) The State Superintendent shall calculate the
18 Adequacy Target for each Organizational Unit under this
19 Section. No Evidence-Based Funding shall be distributed
20 within an Organizational Unit without the approval of the
21 unit's school board.
22 (3) Annually, the State Superintendent shall calculate
23 and report to each Organizational Unit the unit's
24 aggregate financial adequacy amount, which shall be the
25 sum of the Adequacy Target for each Organizational Unit.
26 The State Superintendent shall calculate and report
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1 separately for each Organizational Unit the unit's total
2 State funds allocated for its students with disabilities.
3 The State Superintendent shall calculate and report
4 separately for each Organizational Unit the amount of
5 funding and applicable FTE calculated for each Essential
6 Element of the unit's Adequacy Target.
7 (4) Annually, the State Superintendent shall calculate
8 and report to each Organizational Unit the amount the unit
9 must expend on special education and bilingual education
10 and computer technology and equipment for Organizational
11 Units assigned to Tier 1 or Tier 2 that received an
12 additional $285.50 per student computer technology and
13 equipment investment grant to their Adequacy Target
14 pursuant to the unit's Base Funding Minimum, Special
15 Education Allocation, Bilingual Education Allocation, and
16 computer technology and equipment investment allocation.
17 (5) Moneys distributed under this Section shall be
18 calculated on a school year basis, but paid on a fiscal
19 year basis, with payments beginning in August and
20 extending through June. Unless otherwise provided, the
21 moneys appropriated for each fiscal year shall be
22 distributed in 22 equal payments at least 2 times monthly
23 to each Organizational Unit. If moneys appropriated for
24 any fiscal year are distributed other than monthly, the
25 distribution shall be on the same basis for each
26 Organizational Unit.
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1 (6) Any school district that fails, for any given
2 school year, to maintain school as required by law or to
3 maintain a recognized school is not eligible to receive
4 Evidence-Based Funding. In case of non-recognition of one
5 or more attendance centers in a school district otherwise
6 operating recognized schools, the claim of the district
7 shall be reduced in the proportion that the enrollment in
8 the attendance center or centers bears to the enrollment
9 of the school district. "Recognized school" means any
10 public school that meets the standards for recognition by
11 the State Board. A school district or attendance center
12 not having recognition status at the end of a school term
13 is entitled to receive State aid payments due upon a legal
14 claim that was filed while it was recognized.
15 (7) School district claims filed under this Section
16 are subject to Sections 18-9 and 18-12 of this Code,
17 except as otherwise provided in this Section.
18 (8) Each fiscal year, the State Superintendent shall
19 calculate for each Organizational Unit an amount of its
20 Base Funding Minimum and Evidence-Based Funding that shall
21 be deemed attributable to the provision of special
22 educational facilities and services, as defined in Section
23 14-1.08 of this Code, in a manner that ensures compliance
24 with maintenance of State financial support requirements
25 under the federal Individuals with Disabilities Education
26 Act. An Organizational Unit must use such funds only for
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1 the provision of special educational facilities and
2 services, as defined in Section 14-1.08 of this Code, and
3 must comply with any expenditure verification procedures
4 adopted by the State Board.
5 (9) All Organizational Units in this State must submit
6 annual spending plans, as part of the budget submission
7 process, no later than October 31 of each year to the State
8 Board. The spending plan shall describe how each
9 Organizational Unit will utilize the Base Funding Minimum
10 and Evidence-Based Funding it receives from this State
11 under this Section with specific identification of the
12 intended utilization of Low-Income, English learner, and
13 special education resources. Additionally, the annual
14 spending plans of each Organizational Unit shall describe
15 how the Organizational Unit expects to achieve student
16 growth and how the Organizational Unit will achieve State
17 education goals, as defined by the State Board. The State
18 Superintendent may, from time to time, identify additional
19 requisites for Organizational Units to satisfy when
20 compiling the annual spending plans required under this
21 subsection (h). The format and scope of annual spending
22 plans shall be developed by the State Superintendent and
23 the State Board of Education. School districts that serve
24 students under Article 14C of this Code shall continue to
25 submit information as required under Section 14C-12 of
26 this Code.
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1 (10) No later than January 1, 2018, the State
2 Superintendent shall develop a 5-year strategic plan for
3 all Organizational Units to help in planning for adequacy
4 funding under this Section. The State Superintendent shall
5 submit the plan to the Governor and the General Assembly,
6 as provided in Section 3.1 of the General Assembly
7 Organization Act. The plan shall include recommendations
8 for:
9 (A) a framework for collaborative, professional,
10 innovative, and 21st century learning environments
11 using the Evidence-Based Funding model;
12 (B) ways to prepare and support this State's
13 educators for successful instructional careers;
14 (C) application and enhancement of the current
15 financial accountability measures, the approved State
16 plan to comply with the federal Every Student Succeeds
17 Act, and the Illinois Balanced Accountability Measures
18 in relation to student growth and elements of the
19 Evidence-Based Funding model; and
20 (D) implementation of an effective school adequacy
21 funding system based on projected and recommended
22 funding levels from the General Assembly.
23 (11) On an annual basis, the State Superintendent must
24 recalibrate all of the following per pupil elements of the
25 Adequacy Target and applied to the formulas, based on the
26 study of average expenses and as reported in the most
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1 recent annual financial report:
2 (A) Gifted under subparagraph (M) of paragraph (2)
3 of subsection (b).
4 (B) Instructional materials under subparagraph (O)
5 of paragraph (2) of subsection (b).
6 (C) Assessment under subparagraph (P) of paragraph
7 (2) of subsection (b).
8 (D) Student activities under subparagraph (R) of
9 paragraph (2) of subsection (b).
10 (E) Maintenance and operations under subparagraph
11 (S) of paragraph (2) of subsection (b).
12 (F) Central office under subparagraph (T) of
13 paragraph (2) of subsection (b).
14 (i) Professional Review Panel.
15 (1) A Professional Review Panel is created to study
16 and review topics related to the implementation and effect
17 of Evidence-Based Funding, as assigned by a joint
18 resolution or Public Act of the General Assembly or a
19 motion passed by the State Board of Education. The Panel
20 must provide recommendations to and serve the Governor,
21 the General Assembly, and the State Board. The State
22 Superintendent or his or her designee must serve as a
23 voting member and chairperson of the Panel. The State
24 Superintendent must appoint a vice chairperson from the
25 membership of the Panel. The Panel must advance
26 recommendations based on a three-fifths majority vote of
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1 Panel members present and voting. A minority opinion may
2 also accompany any recommendation of the Panel. The Panel
3 shall be appointed by the State Superintendent, except as
4 otherwise provided in paragraph (2) of this subsection (i)
5 and include the following members:
6 (A) Two appointees that represent district
7 superintendents, recommended by a statewide
8 organization that represents district superintendents.
9 (B) Two appointees that represent school boards,
10 recommended by a statewide organization that
11 represents school boards.
12 (C) Two appointees from districts that represent
13 school business officials, recommended by a statewide
14 organization that represents school business
15 officials.
16 (D) Two appointees that represent school
17 principals, recommended by a statewide organization
18 that represents school principals.
19 (E) Two appointees that represent teachers,
20 recommended by a statewide organization that
21 represents teachers.
22 (F) Two appointees that represent teachers,
23 recommended by another statewide organization that
24 represents teachers.
25 (G) Two appointees that represent regional
26 superintendents of schools, recommended by
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1 organizations that represent regional superintendents.
2 (H) Two independent experts selected solely by the
3 State Superintendent.
4 (I) Two independent experts recommended by public
5 universities in this State.
6 (J) One member recommended by a statewide
7 organization that represents parents.
8 (K) Two representatives recommended by collective
9 impact organizations that represent major metropolitan
10 areas or geographic areas in Illinois.
11 (L) One member from a statewide organization
12 focused on research-based education policy to support
13 a school system that prepares all students for
14 college, a career, and democratic citizenship.
15 (M) One representative from a school district
16 organized under Article 34 of this Code.
17 The State Superintendent shall ensure that the
18 membership of the Panel includes representatives from
19 school districts and communities reflecting the
20 geographic, socio-economic, racial, and ethnic diversity
21 of this State. The State Superintendent shall additionally
22 ensure that the membership of the Panel includes
23 representatives with expertise in bilingual education and
24 special education. Staff from the State Board shall staff
25 the Panel.
26 (2) In addition to those Panel members appointed by
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1 the State Superintendent, 4 members of the General
2 Assembly shall be appointed as follows: one member of the
3 House of Representatives appointed by the Speaker of the
4 House of Representatives, one member of the Senate
5 appointed by the President of the Senate, one member of
6 the House of Representatives appointed by the Minority
7 Leader of the House of Representatives, and one member of
8 the Senate appointed by the Minority Leader of the Senate.
9 There shall be one additional member appointed by the
10 Governor. All members appointed by legislative leaders or
11 the Governor shall be non-voting, ex officio members.
12 (3) The Panel must study topics at the direction of
13 the General Assembly or State Board of Education, as
14 provided under paragraph (1). The Panel may also study the
15 following topics at the direction of the chairperson:
16 (A) The format and scope of annual spending plans
17 referenced in paragraph (9) of subsection (h) of this
18 Section.
19 (B) The Comparable Wage Index under this Section.
20 (C) Maintenance and operations, including capital
21 maintenance and construction costs.
22 (D) "At-risk student" definition.
23 (E) Benefits.
24 (F) Technology.
25 (G) Local Capacity Target.
26 (H) Funding for Alternative Schools, Laboratory
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1 Schools, safe schools, and alternative learning
2 opportunities programs.
3 (I) Funding for college and career acceleration
4 strategies.
5 (J) Special education investments.
6 (K) Early childhood investments, in collaboration
7 with the Illinois Early Learning Council.
8 (4) (Blank).
9 (5) Within 5 years after the implementation of this
10 Section, and every 5 years thereafter, the Panel shall
11 complete an evaluative study of the entire Evidence-Based
12 Funding model, including an assessment of whether or not
13 the formula is achieving State goals. The Panel shall
14 report to the State Board, the General Assembly, and the
15 Governor on the findings of the study.
16 (6) (Blank).
17 (7) To ensure that (i) the Adequacy Target calculation
18 under subsection (b) accurately reflects the needs of
19 students living in poverty or attending schools located in
20 areas of high poverty, (ii) racial equity within the
21 Evidence-Based Funding formula is explicitly explored and
22 advanced, and (iii) the funding goals of the formula
23 distribution system established under this Section are
24 sufficient to provide adequate funding for every student
25 and to fully fund every school in this State, the Panel
26 shall review the Essential Elements under paragraph (2) of
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1 subsection (b). The Panel shall consider all of the
2 following in its review:
3 (A) The financial ability of school districts to
4 provide instruction in a foreign language to every
5 student and whether an additional Essential Element
6 should be added to the formula to ensure that every
7 student has access to instruction in a foreign
8 language.
9 (B) The adult-to-student ratio for each Essential
10 Element in which a ratio is identified. The Panel
11 shall consider whether the ratio accurately reflects
12 the staffing needed to support students living in
13 poverty or who have traumatic backgrounds.
14 (C) Changes to the Essential Elements that may be
15 required to better promote racial equity and eliminate
16 structural racism within schools.
17 (D) The impact of investing $350,000,000 in
18 additional funds each year under this Section and an
19 estimate of when the school system will become fully
20 funded under this level of appropriation.
21 (E) Provide an overview of alternative funding
22 structures that would enable the State to become fully
23 funded at an earlier date.
24 (F) The potential to increase efficiency and to
25 find cost savings within the school system to expedite
26 the journey to a fully funded system.
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1 (G) The appropriate levels for reenrolling and
2 graduating high-risk high school students who have
3 been previously out of school. These outcomes shall
4 include enrollment, attendance, skill gains, credit
5 gains, graduation or promotion to the next grade
6 level, and the transition to college, training, or
7 employment, with an emphasis on progressively
8 increasing the overall attendance.
9 (H) The evidence-based or research-based practices
10 that are shown to reduce the gaps and disparities
11 experienced by African American students in academic
12 achievement and educational performance, including
13 practices that have been shown to reduce disparities
14 in disciplinary rates, drop-out rates, graduation
15 rates, college matriculation rates, and college
16 completion rates.
17 On or before December 31, 2021, the Panel shall report
18 to the State Board, the General Assembly, and the Governor
19 on the findings of its review. This paragraph (7) is
20 inoperative on and after July 1, 2022.
21 (8) On or before April 1, 2024, the Panel must submit a
22 report to the General Assembly on annual adjustments to
23 Glenwood Academy's base-funding minimum in a similar
24 fashion to school districts under this Section.
25 (j) References. Beginning July 1, 2017, references in
26 other laws to general State aid funds or calculations under
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1 Section 18-8.05 of this Code (now repealed) shall be deemed to
2 be references to evidence-based model formula funds or
3 calculations under this Section.
4 (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;
5 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.
6 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,
7 eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;
8 revised 8-30-23.)
9 (105 ILCS 5/21B-30)
10 Sec. 21B-30. Educator testing.
11 (a) (Blank).
12 (b) The State Board of Education, in consultation with the
13 State Educator Preparation and Licensure Board, shall design
14 and implement a system of examinations, which shall be
15 required prior to the issuance of educator licenses. These
16 examinations and indicators must be based on national and
17 State professional teaching standards, as determined by the
18 State Board of Education, in consultation with the State
19 Educator Preparation and Licensure Board. The State Board of
20 Education may adopt such rules as may be necessary to
21 implement and administer this Section.
22 (c) (Blank).
23 (c-5) The State Board must adopt rules to implement a
24 paraprofessional competency test. This test would allow an
25 applicant seeking an Educator License with Stipulations with a
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1 paraprofessional educator endorsement to obtain the
2 endorsement if he or she passes the test and meets the other
3 requirements of subparagraph (J) of paragraph (2) of Section
4 21B-20 other than the higher education requirements.
5 (d) All applicants seeking a State license shall be
6 required to pass a test of content area knowledge for each area
7 of endorsement for which there is an applicable test. There
8 shall be no exception to this requirement. No candidate shall
9 be allowed to student teach or serve as the teacher of record
10 until he or she has passed the applicable content area test.
11 (d-5) The State Board shall consult with any applicable
12 vendors within 90 days after July 28, 2023 (the effective date
13 of Public Act 103-402) this amendatory Act of the 103rd
14 General Assembly to develop a plan to transition the test of
15 content area knowledge in the endorsement area of elementary
16 education, grades one through 6, by July 1, 2026 to a content
17 area test that contains testing elements that cover
18 bilingualism, biliteracy, oral language development,
19 foundational literacy skills, and developmentally appropriate
20 higher-order comprehension and on which a valid and reliable
21 language and literacy subscore can be determined. The State
22 Board shall base its rules concerning the passing subscore on
23 the language and literacy portion of the test on the
24 recommended cut-score determined in the formal
25 standard-setting process. Candidates need not achieve a
26 particular subscore in the area of language and literacy. The
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1 State Board shall aggregate and publish the number of
2 candidates in each preparation program who take the test and
3 the number who pass the language and literacy portion.
4 (e) (Blank).
5 (f) Beginning on August 4, 2023 (the effective date of
6 Public Act 103-488) this amendatory Act of the 103rd General
7 Assembly through August 31, 2025, no candidate completing a
8 teacher preparation program in this State or candidate subject
9 to Section 21B-35 of this Code is required to pass a teacher
10 performance assessment. Except as otherwise provided in this
11 Article, beginning on September 1, 2015 until August 4, 2023
12 (the effective date of Public Act 103-488) this amendatory Act
13 of the 103rd General Assembly and beginning again on September
14 1, 2025, all candidates completing teacher preparation
15 programs in this State and all candidates subject to Section
16 21B-35 of this Code are required to pass a teacher performance
17 assessment approved by the State Board of Education, in
18 consultation with the State Educator Preparation and Licensure
19 Board. A candidate may not be required to submit test
20 materials by video submission. Subject to appropriation, an
21 individual who holds a Professional Educator License and is
22 employed for a minimum of one school year by a school district
23 designated as Tier 1 under Section 18-8.15 may, after
24 application to the State Board, receive from the State Board a
25 refund for any costs associated with completing the teacher
26 performance assessment under this subsection.
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1 (f-5) The Teacher Performance Assessment Task Force is
2 created to evaluate potential performance-based and objective
3 teacher performance assessment systems for implementation
4 across all educator preparation programs in this State, with
5 the intention of ensuring consistency across programs and
6 supporting a thoughtful and well-rounded licensure system.
7 Members appointed to the Task Force must reflect the racial,
8 ethnic, and geographic diversity of this State. The Task Force
9 shall consist of all of the following members:
10 (1) One member of the Senate, appointed by the
11 President of the Senate.
12 (2) One member of the Senate, appointed by the
13 Minority Leader of the Senate.
14 (3) One member of the House of Representatives,
15 appointed by the Speaker of the House of Representatives.
16 (4) One member of the House of Representatives,
17 appointed by the Minority Leader of the House of
18 Representatives.
19 (5) One member who represents a statewide professional
20 teachers' organization, appointed by the State
21 Superintendent of Education.
22 (6) One member who represents a different statewide
23 professional teachers' organization, appointed by the
24 State Superintendent of Education.
25 (7) One member from a statewide organization
26 representing school principals, appointed by the State
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1 Superintendent of Education.
2 (8) One member from a statewide organization
3 representing regional superintendents of schools,
4 appointed by the State Superintendent of Education.
5 (9) One member from a statewide organization
6 representing school administrators, appointed by the State
7 Superintendent of Education.
8 (10) One member representing a school district
9 organized under Article 34 of this Code, appointed by the
10 State Superintendent of Education.
11 (11) One member of an association representing rural
12 and small schools, appointed by the State Superintendent
13 of Education.
14 (12) One member representing a suburban school
15 district, appointed by the State Superintendent of
16 Education.
17 (13) One member from a statewide organization
18 representing school districts in the southern suburbs of
19 the City of Chicago, appointed by the State Superintendent
20 of Education.
21 (14) One member from a statewide organization
22 representing large unit school districts, appointed by the
23 State Superintendent of Education.
24 (15) One member from a statewide organization
25 representing school districts in the collar counties of
26 the City of Chicago, appointed by the State Superintendent
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1 of Education.
2 (16) Three members, each representing a different
3 public university in this State and each a current member
4 of the faculty of an approved educator preparation
5 program, appointed by the State Superintendent of
6 Education.
7 (17) Three members, each representing a different
8 4-year nonpublic university or college in this State and
9 each a current member of the faculty of an approved
10 educator preparation program, appointed by the State
11 Superintendent of Education.
12 (18) One member of the Board of Higher Education,
13 appointed by the State Superintendent of Education.
14 (19) One member representing a statewide policy
15 organization advocating on behalf of multilingual students
16 and families, appointed by the State Superintendent of
17 Education.
18 (20) One member representing a statewide organization
19 focused on research-based education policy to support a
20 school system that prepares all students for college, a
21 career, and democratic citizenship, appointed by the State
22 Superintendent of Education.
23 (21) Two members representing an early childhood
24 advocacy organization, appointed by the State
25 Superintendent of Education.
26 (22) One member representing a statewide organization
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1 that partners with educator preparation programs and
2 school districts to support the growth and development of
3 preservice teachers, appointed by the State Superintendent
4 of Education.
5 (23) One member representing a statewide organization
6 that advocates for educational equity and racial justice
7 in schools, appointed by the State Superintendent of
8 Education.
9 (24) One member representing a statewide organization
10 that represents school boards, appointed by the State
11 Superintendent of Education.
12 (25) One member who has, within the last 5 years,
13 served as a cooperating teacher, appointed by the State
14 Superintendent of Education.
15 Members of the Task Force shall serve without
16 compensation. The Task Force shall first meet at the call of
17 the State Superintendent of Education, and each subsequent
18 meeting shall be called by the chairperson of the Task Force,
19 who shall be designated by the State Superintendent of
20 Education. The State Board of Education shall provide
21 administrative and other support to the Task Force.
22 On or before October 31, August 1, 2024, the Task Force
23 shall report on its work, including recommendations on a
24 teacher performance assessment system in this State, to the
25 State Board of Education and the General Assembly. The Task
26 Force is dissolved upon submission of this report.
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1 (g) The content area knowledge test and the teacher
2 performance assessment shall be the tests that from time to
3 time are designated by the State Board of Education, in
4 consultation with the State Educator Preparation and Licensure
5 Board, and may be tests prepared by an educational testing
6 organization or tests designed by the State Board of
7 Education, in consultation with the State Educator Preparation
8 and Licensure Board. The test of content area knowledge shall
9 assess content knowledge in a specific subject field. The
10 tests must be designed to be racially neutral to ensure that no
11 person taking the tests is discriminated against on the basis
12 of race, color, national origin, or other factors unrelated to
13 the person's ability to perform as a licensed employee. The
14 score required to pass the tests shall be fixed by the State
15 Board of Education, in consultation with the State Educator
16 Preparation and Licensure Board. The tests shall be
17 administered not fewer than 3 times a year at such time and
18 place as may be designated by the State Board of Education, in
19 consultation with the State Educator Preparation and Licensure
20 Board.
21 The State Board shall implement a test or tests to assess
22 the speaking, reading, writing, and grammar skills of
23 applicants for an endorsement or a license issued under
24 subdivision (G) of paragraph (2) of Section 21B-20 of this
25 Code in the English language and in the language of the
26 transitional bilingual education program requested by the
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1 applicant.
2 (h) Except as provided in Section 34-6 of this Code, the
3 provisions of this Section shall apply equally in any school
4 district subject to Article 34 of this Code.
5 (i) The rules developed to implement and enforce the
6 testing requirements under this Section shall include, without
7 limitation, provisions governing test selection, test
8 validation, and determination of a passing score,
9 administration of the tests, frequency of administration,
10 applicant fees, frequency of applicants taking the tests, the
11 years for which a score is valid, and appropriate special
12 accommodations. The State Board of Education shall develop
13 such rules as may be needed to ensure uniformity from year to
14 year in the level of difficulty for each form of an assessment.
15 (Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23;
16 103-488, eff. 8-4-23; revised 9-1-23.)
17 (105 ILCS 5/21B-45)
18 Sec. 21B-45. Professional Educator License renewal.
19 (a) Individuals holding a Professional Educator License
20 are required to complete the licensure renewal requirements as
21 specified in this Section, unless otherwise provided in this
22 Code.
23 Individuals holding a Professional Educator License shall
24 meet the renewal requirements set forth in this Section,
25 unless otherwise provided in this Code. If an individual holds
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1 a license endorsed in more than one area that has different
2 renewal requirements, that individual shall follow the renewal
3 requirements for the position for which he or she spends the
4 majority of his or her time working.
5 (b) All Professional Educator Licenses not renewed as
6 provided in this Section shall lapse on September 1 of that
7 year. Notwithstanding any other provisions of this Section, if
8 a license holder's electronic mail address is available, the
9 State Board of Education shall send him or her notification
10 electronically that his or her license will lapse if not
11 renewed, to be sent no more than 6 months prior to the license
12 lapsing. Lapsed licenses may be immediately reinstated upon
13 (i) payment to the State Board of Education by the applicant of
14 a $50 penalty or (ii) the demonstration of proficiency by
15 completing 9 semester hours of coursework from a regionally
16 accredited institution of higher education in the content area
17 that most aligns with one or more of the educator's
18 endorsement areas. Any and all back fees, including without
19 limitation registration fees owed from the time of expiration
20 of the license until the date of reinstatement, shall be paid
21 and kept in accordance with the provisions in Article 3 of this
22 Code concerning an institute fund and the provisions in
23 Article 21B of this Code concerning fees and requirements for
24 registration. Licenses not registered in accordance with
25 Section 21B-40 of this Code shall lapse after a period of 6
26 months from the expiration of the last year of registration or
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1 on January 1 of the fiscal year following initial issuance of
2 the license. An unregistered license is invalid after
3 September 1 for employment and performance of services in an
4 Illinois public or State-operated school or cooperative and in
5 a charter school. Any license or endorsement may be
6 voluntarily surrendered by the license holder. A voluntarily
7 surrendered license shall be treated as a revoked license. An
8 Educator License with Stipulations with only a
9 paraprofessional endorsement does not lapse.
10 (c) From July 1, 2013 through June 30, 2014, in order to
11 satisfy the requirements for licensure renewal provided for in
12 this Section, each professional educator licensee with an
13 administrative endorsement who is working in a position
14 requiring such endorsement shall complete one Illinois
15 Administrators' Academy course, as described in Article 2 of
16 this Code, per fiscal year.
17 (c-5) All licenses issued by the State Board of Education
18 under this Article that expire on June 30, 2020 and have not
19 been renewed by the end of the 2020 renewal period shall be
20 extended for one year and shall expire on June 30, 2021.
21 (d) Beginning July 1, 2014, in order to satisfy the
22 requirements for licensure renewal provided for in this
23 Section, each professional educator licensee may create a
24 professional development plan each year. The plan shall
25 address one or more of the endorsements that are required of
26 his or her educator position if the licensee is employed and
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1 performing services in an Illinois public or State-operated
2 school or cooperative. If the licensee is employed in a
3 charter school, the plan shall address that endorsement or
4 those endorsements most closely related to his or her educator
5 position. Licensees employed and performing services in any
6 other Illinois schools may participate in the renewal
7 requirements by adhering to the same process.
8 Except as otherwise provided in this Section, the
9 licensee's professional development activities shall align
10 with one or more of the following criteria:
11 (1) activities are of a type that engages participants
12 over a sustained period of time allowing for analysis,
13 discovery, and application as they relate to student
14 learning, social or emotional achievement, or well-being;
15 (2) professional development aligns to the licensee's
16 performance;
17 (3) outcomes for the activities must relate to student
18 growth or district improvement;
19 (4) activities align to State-approved standards; and
20 (5) higher education coursework.
21 (e) For each renewal cycle, each professional educator
22 licensee shall engage in professional development activities.
23 Prior to renewal, the licensee shall enter electronically into
24 the Educator Licensure Information System (ELIS) the name,
25 date, and location of the activity, the number of professional
26 development hours, and the provider's name. The following
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1 provisions shall apply concerning professional development
2 activities:
3 (1) Each licensee shall complete a total of 120 hours
4 of professional development per 5-year renewal cycle in
5 order to renew the license, except as otherwise provided
6 in this Section.
7 (2) Beginning with his or her first full 5-year cycle,
8 any licensee with an administrative endorsement who is not
9 working in a position requiring such endorsement is not
10 required to complete Illinois Administrators' Academy
11 courses, as described in Article 2 of this Code. Such
12 licensees must complete one Illinois Administrators'
13 Academy course within one year after returning to a
14 position that requires the administrative endorsement.
15 (3) Any licensee with an administrative endorsement
16 who is working in a position requiring such endorsement or
17 an individual with a Teacher Leader endorsement serving in
18 an administrative capacity at least 50% of the day shall
19 complete one Illinois Administrators' Academy course, as
20 described in Article 2 of this Code, each fiscal year in
21 addition to 100 hours of professional development per
22 5-year renewal cycle in accordance with this Code.
23 However, for the 2021-2022 school year only, a licensee
24 under this paragraph (3) is not required to complete an
25 Illinois Administrators' Academy course.
26 (4) Any licensee holding a current National Board for
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1 Professional Teaching Standards (NBPTS) master teacher
2 designation shall complete a total of 60 hours of
3 professional development per 5-year renewal cycle in order
4 to renew the license.
5 (5) Licensees working in a position that does not
6 require educator licensure or working in a position for
7 less than 50% for any particular year are considered to be
8 exempt and shall be required to pay only the registration
9 fee in order to renew and maintain the validity of the
10 license.
11 (6) Licensees who are retired and qualify for benefits
12 from a State of Illinois retirement system shall be listed
13 as retired, and the license shall be maintained in retired
14 status. For any renewal cycle in which a licensee retires
15 during the renewal cycle, the licensee must complete
16 professional development activities on a prorated basis
17 depending on the number of years during the renewal cycle
18 the educator held an active license. If a licensee retires
19 during a renewal cycle, the license status must be updated
20 using ELIS indicating that the licensee wishes to maintain
21 the license in retired status and the licensee must show
22 proof of completion of professional development activities
23 on a prorated basis for all years of that renewal cycle for
24 which the license was active. An individual with a license
25 in retired status shall not be required to complete
26 professional development activities until returning to a
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1 position that requires educator licensure. Upon returning
2 to work in a position that requires the Professional
3 Educator License, the license status shall immediately be
4 updated using ELIS and the licensee shall complete renewal
5 requirements for that year. A retired teacher, even if
6 returning to a position that requires educator licensure,
7 shall not be required to pay registration fees. A license
8 in retired status cannot lapse. Beginning on January 6,
9 2017 (the effective date of Public Act 99-920) through
10 December 31, 2017, any licensee who has retired and whose
11 license has lapsed for failure to renew as provided in
12 this Section may reinstate that license and maintain it in
13 retired status upon providing proof to the State Board of
14 Education using ELIS that the licensee is retired and is
15 not working in a position that requires a Professional
16 Educator License.
17 (7) For any renewal cycle in which professional
18 development hours were required, but not fulfilled, the
19 licensee shall complete any missed hours to total the
20 minimum professional development hours required in this
21 Section prior to September 1 of that year. Professional
22 development hours used to fulfill the minimum required
23 hours for a renewal cycle may be used for only one renewal
24 cycle. For any fiscal year or renewal cycle in which an
25 Illinois Administrators' Academy course was required but
26 not completed, the licensee shall complete any missed
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1 Illinois Administrators' Academy courses prior to
2 September 1 of that year. The licensee may complete all
3 deficient hours and Illinois Administrators' Academy
4 courses while continuing to work in a position that
5 requires that license until September 1 of that year.
6 (8) Any licensee who has not fulfilled the
7 professional development renewal requirements set forth in
8 this Section at the end of any 5-year renewal cycle is
9 ineligible to register his or her license and may submit
10 an appeal to the State Superintendent of Education for
11 reinstatement of the license.
12 (9) If professional development opportunities were
13 unavailable to a licensee, proof that opportunities were
14 unavailable and request for an extension of time beyond
15 August 31 to complete the renewal requirements may be
16 submitted from April 1 through June 30 of that year to the
17 State Educator Preparation and Licensure Board. If an
18 extension is approved, the license shall remain valid
19 during the extension period.
20 (10) Individuals who hold exempt licenses prior to
21 December 27, 2013 (the effective date of Public Act
22 98-610) shall commence the annual renewal process with the
23 first scheduled registration due after December 27, 2013
24 (the effective date of Public Act 98-610).
25 (11) Notwithstanding any other provision of this
26 subsection (e), if a licensee earns more than the required
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1 number of professional development hours during a renewal
2 cycle, then the licensee may carry over any hours earned
3 from April 1 through June 30 of the last year of the
4 renewal cycle. Any hours carried over in this manner must
5 be applied to the next renewal cycle. Illinois
6 Administrators' Academy courses or hours earned in those
7 courses may not be carried over.
8 (e-5) The number of professional development hours
9 required under subsection (e) is reduced by 20% for any
10 renewal cycle that includes the 2021-2022 school year.
11 (f) At the time of renewal, each licensee shall respond to
12 the required questions under penalty of perjury.
13 (f-5) The State Board of Education shall conduct random
14 audits of licensees to verify a licensee's fulfillment of the
15 professional development hours required under this Section.
16 Upon completion of a random audit, if it is determined by the
17 State Board of Education that the licensee did not complete
18 the required number of professional development hours or did
19 not provide sufficient proof of completion, the licensee shall
20 be notified that his or her license has lapsed. A license that
21 has lapsed under this subsection may be reinstated as provided
22 in subsection (b).
23 (g) The following entities shall be designated as approved
24 to provide professional development activities for the renewal
25 of Professional Educator Licenses:
26 (1) The State Board of Education.
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1 (2) Regional offices of education and intermediate
2 service centers.
3 (3) Illinois professional associations representing
4 the following groups that are approved by the State
5 Superintendent of Education:
6 (A) school administrators;
7 (B) principals;
8 (C) school business officials;
9 (D) teachers, including special education
10 teachers;
11 (E) school boards;
12 (F) school districts;
13 (G) parents; and
14 (H) school service personnel.
15 (4) Regionally accredited institutions of higher
16 education that offer Illinois-approved educator
17 preparation programs and public community colleges subject
18 to the Public Community College Act.
19 (5) Illinois public school districts, charter schools
20 authorized under Article 27A of this Code, and joint
21 educational programs authorized under Article 10 of this
22 Code for the purposes of providing career and technical
23 education or special education services.
24 (6) A not-for-profit organization that, as of December
25 31, 2014 (the effective date of Public Act 98-1147), has
26 had or has a grant from or a contract with the State Board
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1 of Education to provide professional development services
2 in the area of English Learning to Illinois school
3 districts, teachers, or administrators.
4 (7) State agencies, State boards, and State
5 commissions.
6 (8) Museums as defined in Section 10 of the Museum
7 Disposition of Property Act.
8 (h) Approved providers under subsection (g) of this
9 Section shall make available professional development
10 opportunities that satisfy at least one of the following:
11 (1) increase the knowledge and skills of school and
12 district leaders who guide continuous professional
13 development;
14 (2) improve the learning of students;
15 (3) organize adults into learning communities whose
16 goals are aligned with those of the school and district;
17 (4) deepen educator's content knowledge;
18 (5) provide educators with research-based
19 instructional strategies to assist students in meeting
20 rigorous academic standards;
21 (6) prepare educators to appropriately use various
22 types of classroom assessments;
23 (7) use learning strategies appropriate to the
24 intended goals;
25 (8) provide educators with the knowledge and skills to
26 collaborate;
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1 (9) prepare educators to apply research to decision
2 making;
3 (10) provide educators with training on inclusive
4 practices in the classroom that examines instructional and
5 behavioral strategies that improve academic and
6 social-emotional outcomes for all students, with or
7 without disabilities, in a general education setting; or
8 (11) beginning on July 1, 2022, provide educators with
9 training on the physical and mental health needs of
10 students, student safety, educator ethics, professional
11 conduct, and other topics that address the well-being of
12 students and improve the academic and social-emotional
13 outcomes of students.
14 (i) Approved providers under subsection (g) of this
15 Section shall do the following:
16 (1) align professional development activities to the
17 State-approved national standards for professional
18 learning;
19 (2) meet the professional development criteria for
20 Illinois licensure renewal;
21 (3) produce a rationale for the activity that explains
22 how it aligns to State standards and identify the
23 assessment for determining the expected impact on student
24 learning or school improvement;
25 (4) maintain original documentation for completion of
26 activities;
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1 (5) provide license holders with evidence of
2 completion of activities;
3 (6) request an Illinois Educator Identification Number
4 (IEIN) for each educator during each professional
5 development activity; and
6 (7) beginning on July 1, 2019, register annually with
7 the State Board of Education prior to offering any
8 professional development opportunities in the current
9 fiscal year.
10 (j) The State Board of Education shall conduct annual
11 audits of a subset of approved providers, except for school
12 districts, which shall be audited by regional offices of
13 education and intermediate service centers. The State Board of
14 Education shall ensure that each approved provider, except for
15 a school district, is audited at least once every 5 years. The
16 State Board of Education may conduct more frequent audits of
17 providers if evidence suggests the requirements of this
18 Section or administrative rules are not being met.
19 (1) (Blank).
20 (2) Approved providers shall comply with the
21 requirements in subsections (h) and (i) of this Section by
22 annually submitting data to the State Board of Education
23 demonstrating how the professional development activities
24 impacted one or more of the following:
25 (A) educator and student growth in regards to
26 content knowledge or skills, or both;
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1 (B) educator and student social and emotional
2 growth; or
3 (C) alignment to district or school improvement
4 plans.
5 (3) The State Superintendent of Education shall review
6 the annual data collected by the State Board of Education,
7 regional offices of education, and intermediate service
8 centers in audits conducted under this subsection (j) to
9 determine if the approved provider has met the criteria
10 and should continue to be an approved provider or if
11 further action should be taken as provided in rules.
12 (k) Registration fees shall be paid for the next renewal
13 cycle between April 1 and June 30 in the last year of each
14 5-year renewal cycle using ELIS. If all required professional
15 development hours for the renewal cycle have been completed
16 and entered by the licensee, the licensee shall pay the
17 registration fees for the next cycle using a form of credit or
18 debit card.
19 (l) Any professional educator licensee endorsed for school
20 support personnel who is employed and performing services in
21 Illinois public schools and who holds an active and current
22 professional license issued by the Department of Financial and
23 Professional Regulation or a national certification board, as
24 approved by the State Board of Education, related to the
25 endorsement areas on the Professional Educator License shall
26 be deemed to have satisfied the continuing professional
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1 development requirements provided for in this Section. Such
2 individuals shall be required to pay only registration fees to
3 renew the Professional Educator License. An individual who
4 does not hold a license issued by the Department of Financial
5 and Professional Regulation shall complete professional
6 development requirements for the renewal of a Professional
7 Educator License provided for in this Section.
8 (m) Appeals to the State Educator Preparation and
9 Licensure Board must be made within 30 days after receipt of
10 notice from the State Superintendent of Education that a
11 license will not be renewed based upon failure to complete the
12 requirements of this Section. A licensee may appeal that
13 decision to the State Educator Preparation and Licensure Board
14 in a manner prescribed by rule.
15 (1) Each appeal shall state the reasons why the State
16 Superintendent's decision should be reversed and shall be
17 sent by certified mail, return receipt requested, to the
18 State Board of Education.
19 (2) The State Educator Preparation and Licensure Board
20 shall review each appeal regarding renewal of a license
21 within 90 days after receiving the appeal in order to
22 determine whether the licensee has met the requirements of
23 this Section. The State Educator Preparation and Licensure
24 Board may hold an appeal hearing or may make its
25 determination based upon the record of review, which shall
26 consist of the following:
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1 (A) the regional superintendent of education's
2 rationale for recommending nonrenewal of the license,
3 if applicable;
4 (B) any evidence submitted to the State
5 Superintendent along with the individual's electronic
6 statement of assurance for renewal; and
7 (C) the State Superintendent's rationale for
8 nonrenewal of the license.
9 (3) The State Educator Preparation and Licensure Board
10 shall notify the licensee of its decision regarding
11 license renewal by certified mail, return receipt
12 requested, no later than 30 days after reaching a
13 decision. Upon receipt of notification of renewal, the
14 licensee, using ELIS, shall pay the applicable
15 registration fee for the next cycle using a form of credit
16 or debit card.
17 (n) The State Board of Education may adopt rules as may be
18 necessary to implement this Section.
19 (Source: P.A. 102-676, eff. 12-3-21; 102-710, eff. 4-27-22;
20 102-730, eff. 5-6-22; 102-852, eff. 5-13-22; 103-154, eff.
21 6-30-23.)
22 (105 ILCS 5/21B-50)
23 Sec. 21B-50. Alternative Educator Licensure Program for
24 Teachers.
25 (a) There is established an alternative educator licensure
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1 program, to be known as the Alternative Educator Licensure
2 Program for Teachers.
3 (b) The Alternative Educator Licensure Program for
4 Teachers may be offered by a recognized institution approved
5 to offer educator preparation programs by the State Board of
6 Education, in consultation with the State Educator Preparation
7 and Licensure Board.
8 The program shall be comprised of up to 3 phases:
9 (1) A course of study that at a minimum includes
10 instructional planning; instructional strategies,
11 including special education, reading, and English language
12 learning; classroom management; and the assessment of
13 students and use of data to drive instruction.
14 (2) A year of residency, which is a candidate's
15 assignment to a full-time teaching position or as a
16 co-teacher for one full school year. An individual must
17 hold an Educator License with Stipulations with an
18 alternative provisional educator endorsement in order to
19 enter the residency. In residency, the candidate must: be
20 assigned an effective, fully licensed teacher by the
21 principal or principal equivalent to act as a mentor and
22 coach the candidate through residency, complete additional
23 program requirements that address required State and
24 national standards, pass the State Board's teacher
25 performance assessment, if required under Section 21B-30,
26 and be recommended by the principal or qualified
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1 equivalent of a principal, as required under subsection
2 (d) of this Section, and the program coordinator to be
3 recommended for full licensure or to continue with a
4 second year of the residency.
5 (3) (Blank).
6 (4) A comprehensive assessment of the candidate's
7 teaching effectiveness, as evaluated by the principal or
8 qualified equivalent of a principal, as required under
9 subsection (d) of this Section, and the program
10 coordinator, at the end of either the first or the second
11 year of residency. If there is disagreement between the 2
12 evaluators about the candidate's teaching effectiveness at
13 the end of the first year of residency, a second year of
14 residency shall be required. If there is disagreement
15 between the 2 evaluators at the end of the second year of
16 residency, the candidate may complete one additional year
17 of residency teaching under a professional development
18 plan developed by the principal or qualified equivalent
19 and the preparation program. At the completion of the
20 third year, a candidate must have positive evaluations and
21 a recommendation for full licensure from both the
22 principal or qualified equivalent and the program
23 coordinator or no Professional Educator License shall be
24 issued.
25 Successful completion of the program shall be deemed to
26 satisfy any other practice or student teaching and content
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1 matter requirements established by law.
2 (c) An alternative provisional educator endorsement on an
3 Educator License with Stipulations is valid for up to 2 years
4 of teaching in the public schools, including without
5 limitation a preschool educational program under Section
6 2-3.71 of this Code or charter school, or in a
7 State-recognized nonpublic school in which the chief
8 administrator is required to have the licensure necessary to
9 be a principal in a public school in this State and in which a
10 majority of the teachers are required to have the licensure
11 necessary to be instructors in a public school in this State,
12 but may be renewed for a third year if needed to complete the
13 Alternative Educator Licensure Program for Teachers. The
14 endorsement shall be issued only once to an individual who
15 meets all of the following requirements:
16 (1) Has graduated from a regionally accredited college
17 or university with a bachelor's degree or higher.
18 (2) (Blank).
19 (3) Has completed a major in the content area if
20 seeking a middle or secondary level endorsement or, if
21 seeking an early childhood, elementary, or special
22 education endorsement, has completed a major in the
23 content area of early childhood reading, English/language
24 arts, mathematics, or one of the sciences. If the
25 individual does not have a major in a content area for any
26 level of teaching, he or she must submit transcripts to
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1 the State Board of Education to be reviewed for
2 equivalency.
3 (4) Has successfully completed phase (1) of subsection
4 (b) of this Section.
5 (5) Has passed a content area test required for the
6 specific endorsement for admission into the program, as
7 required under Section 21B-30 of this Code.
8 A candidate possessing the alternative provisional
9 educator endorsement may receive a salary, benefits, and any
10 other terms of employment offered to teachers in the school
11 who are members of an exclusive bargaining representative, if
12 any, but a school is not required to provide these benefits
13 during the years of residency if the candidate is serving only
14 as a co-teacher. If the candidate is serving as the teacher of
15 record, the candidate must receive a salary, benefits, and any
16 other terms of employment. Residency experiences must not be
17 counted towards tenure.
18 (d) The recognized institution offering the Alternative
19 Educator Licensure Program for Teachers must partner with a
20 school district, including without limitation a preschool
21 educational program under Section 2-3.71 of this Code or
22 charter school, or a State-recognized, nonpublic school in
23 this State in which the chief administrator is required to
24 have the licensure necessary to be a principal in a public
25 school in this State and in which a majority of the teachers
26 are required to have the licensure necessary to be instructors
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1 in a public school in this State. A recognized institution
2 that partners with a public school district administering a
3 preschool educational program under Section 2-3.71 of this
4 Code must require a principal to recommend or evaluate
5 candidates in the program. A recognized institution that
6 partners with an eligible entity administering a preschool
7 educational program under Section 2-3.71 of this Code and that
8 is not a public school district must require a principal or
9 qualified equivalent of a principal to recommend or evaluate
10 candidates in the program. The program presented for approval
11 by the State Board of Education must demonstrate the supports
12 that are to be provided to assist the provisional teacher
13 during the one-year 1-year or 2-year residency period and if
14 the residency period is to be less than 2 years in length,
15 assurances from the partner school districts to provide
16 intensive mentoring and supports through at least the end of
17 the second full year of teaching for educators who completed
18 the Alternative Educator Educators Licensure Program for
19 Teachers in less than 2 years. These supports must, at a
20 minimum, provide additional contact hours with mentors during
21 the first year of residency.
22 (e) Upon completion of phases under paragraphs (1), (2),
23 (4), and, if needed, (3) in subsection (b) of this Section and
24 all assessments required under Section 21B-30 of this Code, an
25 individual shall receive a Professional Educator License.
26 (f) The State Board of Education, in consultation with the
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1 State Educator Preparation and Licensure Board, may adopt such
2 rules as may be necessary to establish and implement the
3 Alternative Educator Licensure Program for Teachers.
4 (Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
5 revised 9-1-23.)
6 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
7 Sec. 26-2. Enrolled pupils not of compulsory school age.
8 (a) Any person having custody or control of a child who is
9 below the age of 6 years or is 17 years of age or above and who
10 is enrolled in any of grades kindergarten through 12 in the
11 public school shall cause the child to attend the public
12 school in the district wherein he or she resides when it is in
13 session during the regular school term, unless the child is
14 excused under Section 26-1 of this Code.
15 (b) A school district shall deny reenrollment in its
16 secondary schools to any child 19 years of age or above who has
17 dropped out of school and who could not, because of age and
18 lack of credits, attend classes during the normal school year
19 and graduate before his or her twenty-first birthday. A
20 district may, however, enroll the child in a graduation
21 incentives program under Section 26-16 of this Code or an
22 alternative learning opportunities program established under
23 Article 13B. No child shall be denied reenrollment for the
24 above reasons unless the school district first offers the
25 child due process as required in cases of expulsion under
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1 Section 10-22.6. If a child is denied reenrollment after being
2 provided with due process, the school district must provide
3 counseling to that child and must direct that child to
4 alternative educational programs, including adult education
5 programs, that lead to graduation or receipt of a State of
6 Illinois High School Diploma.
7 (c) A school or school district may deny enrollment to a
8 student 17 years of age or older for one semester for failure
9 to meet minimum attendance standards if all of the following
10 conditions are met:
11 (1) The student was absent without valid cause for 20%
12 or more of the attendance days in the semester immediately
13 prior to the current semester.
14 (2) The student and the student's parent or guardian
15 are given written notice warning that the student is
16 subject to denial from enrollment for one semester unless
17 the student is absent without valid cause less than 20% of
18 the attendance days in the current semester.
19 (3) The student's parent or guardian is provided with
20 the right to appeal the notice, as determined by the State
21 Board of Education in accordance with due process.
22 (4) The student is provided with attendance
23 remediation services, including without limitation
24 assessment, counseling, and support services.
25 (5) The student is absent without valid cause for 20%
26 or more of the attendance days in the current semester.
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1 A school or school district may not deny enrollment to a
2 student (or reenrollment to a dropout) who is at least 17 years
3 of age or older but below 19 years for more than one
4 consecutive semester for failure to meet attendance standards.
5 (d) No child may be denied reenrollment under this Section
6 in violation of the federal Individuals with Disabilities
7 Education Act or the Americans with Disabilities Act.
8 (e) In this subsection (e), "reenrolled student" means a
9 dropout who has reenrolled full-time in a public school. Each
10 school district shall identify, track, and report on the
11 educational progress and outcomes of reenrolled students as a
12 subset of the district's required reporting on all
13 enrollments. A reenrolled student who again drops out must not
14 be counted again against a district's dropout rate performance
15 measure. The State Board of Education shall set performance
16 standards for programs serving reenrolled students.
17 (f) The State Board of Education shall adopt any rules
18 necessary to implement the changes to this Section made by
19 Public Act 93-803.
20 (Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23;
21 103-154, eff. 6-30-23.)
22 (105 ILCS 5/27-22.2) (from Ch. 122, par. 27-22.2)
23 Sec. 27-22.2. Career and technical Vocational education
24 elective. Whenever the school board of any school district
25 which maintains grades 9 through 12 establishes a list of
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1 courses from which secondary school students each must elect
2 at least one course, to be completed along with other course
3 requirements as a pre-requisite to receiving a high school
4 diploma, that school board must include on the list of such
5 elective courses at least one course in career and technical
6 vocational education.
7 (Source: P.A. 84-1334; 84-1438.)
8 (105 ILCS 5/34-8.05)
9 Sec. 34-8.05. Reporting firearms in schools. On or after
10 January 1, 1997, upon receipt of any written, electronic, or
11 verbal report from any school personnel regarding a verified
12 incident involving a firearm in a school or on school owned or
13 leased property, including any conveyance owned, leased, or
14 used by the school for the transport of students or school
15 personnel, the general superintendent or his or her designee
16 shall report all such firearm-related incidents occurring in a
17 school or on school property to the local law enforcement
18 authorities no later than 24 hours after the occurrence of the
19 incident and to the Illinois State Police in a form, manner,
20 and frequency as prescribed by the Illinois State Police.
21 The general superintendent or the general superintendent's
22 designee shall report any written, electronic, or verbal
23 report of a verified incident involving a firearm to the State
24 Board of Education through existing school incident reporting
25 systems as they occur during the year by no later than July 31
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1 for the previous school year. The State Board of Education
2 shall report the data and make it available to the public via
3 its website. The local law enforcement authority shall, by
4 March 1 of each year, report the required data from the
5 previous year to the Illinois State Police's Illinois Uniform
6 Crime Reporting Program, which shall be included in its annual
7 Crime in Illinois report.
8 The State Board of Education shall receive an annual
9 statistical compilation and related data associated with
10 incidents involving firearms in schools from the Illinois
11 State Police. As used in this Section, the term "firearm"
12 shall have the meaning ascribed to it in Section 1.1 of the
13 Firearm Owners Identification Card Act.
14 (Source: P.A. 102-538, eff. 8-20-21.)
15 Section 10. The School Safety Drill Act is amended by
16 changing Sections 45 and 50 as follows:
17 (105 ILCS 128/45)
18 Sec. 45. Threat assessment procedure.
19 (a) Each school district must implement a threat
20 assessment procedure that may be part of a school board policy
21 on targeted school violence prevention. The procedure must
22 include the creation of a threat assessment team. The team
23 must include at least one law enforcement official and
24 cross-disciplinary representatives of the district who are
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1 most directly familiar with the mental and behavioral health
2 needs of students and staff. Such cross-disciplinary
3 representatives may include all of the following members:
4 (1) An administrator employed by the school district
5 or a special education cooperative that serves the school
6 district and is available to serve.
7 (2) A teacher employed by the school district or a
8 special education cooperative that serves the school
9 district and is available to serve.
10 (3) A school counselor employed by the school district
11 or a special education cooperative that serves the school
12 district and is available to serve.
13 (4) A school psychologist employed by the school
14 district or a special education cooperative that serves
15 the school district and is available to serve.
16 (5) A school social worker employed by the school
17 district or a special education cooperative that serves
18 the school district and is available to serve.
19 (6) (Blank). At least one law enforcement official.
20 If a school district is unable to establish a threat
21 assessment team with school district staff and resources, it
22 may utilize a regional behavioral threat assessment and
23 intervention team that includes mental health professionals
24 and representatives from the State, county, and local law
25 enforcement agencies.
26 (b) A school district shall establish the threat
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1 assessment team under this Section no later than 180 days
2 after August 23, 2019 (the effective date of Public Act
3 101-455) and must implement an initial threat assessment
4 procedure no later than 120 days after August 23, 2019 (the
5 effective date of Public Act 101-455). Each year prior to the
6 start of the school year, the school board shall file the
7 threat assessment procedure and a list identifying the members
8 of the school district's threat assessment team or regional
9 behavior threat assessment and intervention team with (i) a
10 local law enforcement agency and (ii) the regional office of
11 education or, with respect to a school district organized
12 under Article 34 of the School Code, the State Board of
13 Education.
14 (b-5) A charter school operating under a charter issued by
15 a local board of education may adhere to the local board's
16 threat assessment procedure or may implement its own threat
17 assessment procedure in full compliance with the requirements
18 of this Section. The charter agreement shall specify in detail
19 how threat assessment procedures will be determined for the
20 charter school.
21 (b-10) A special education cooperative operating under a
22 joint agreement must implement its own threat assessment
23 procedure in full compliance with the requirements of this
24 Section, including the creation of a threat assessment team,
25 which may consist of individuals employed by the member
26 districts. The procedure must include actions the special
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1 education cooperative will take in partnership with its member
2 districts to address a threat.
3 (c) Any sharing of student information under this Section
4 must comply with the federal Family Educational Rights and
5 Privacy Act of 1974 and the Illinois School Student Records
6 Act.
7 (d) (Blank).
8 (Source: P.A. 102-791, eff. 5-13-22; 102-894, eff. 5-20-22;
9 103-154, eff. 6-30-23; 103-175, eff. 6-30-23.)
10 (105 ILCS 128/50)
11 Sec. 50. Crisis response mapping data grants.
12 (a) Subject to appropriation, a public school district, a
13 charter school, a special education cooperative or district,
14 an education for employment system, a State-approved area
15 career center, a public university laboratory school, the
16 Illinois Mathematics and Science Academy, the Department of
17 Juvenile Justice School District, a regional office of
18 education, the Illinois School for the Deaf, the Illinois
19 School for the Visually Impaired, the Philip J. Rock Center
20 and School, an early childhood or preschool program supported
21 by the Early Childhood Block Grant, or any other public school
22 entity designated by the State Board of Education by rule, may
23 apply to the State Board of Education or the State Board of
24 Education or the State Board's designee for a grant to obtain
25 crisis response mapping data and to provide copies of the
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1 crisis response mapping data to appropriate local, county,
2 State, and federal first responders for use in response to
3 emergencies. The crisis response mapping data shall be stored
4 and provided in an electronic or digital format to assist
5 first responders in responding to emergencies at the school.
6 (b) Subject to appropriation, including funding for any
7 administrative costs reasonably incurred by the State Board of
8 Education or the State Board's designee in the administration
9 of the grant program described by this Section, the State
10 Board shall provide grants to any entity in subsection (a)
11 upon approval of an application submitted by the entity to
12 cover the costs incurred in obtaining crisis response mapping
13 data under this Section. The grant application must include
14 crisis response mapping data for all schools under the
15 jurisdiction of the entity submitting the application,
16 including, in the case of a public school district, any
17 charter schools authorized by the school board for the school
18 district.
19 (c) To be eligible for a grant under this Section, the
20 crisis response mapping data must, at a minimum:
21 (1) be compatible and integrate into security software
22 platforms in use by the specific school for which the data
23 is provided without requiring local law enforcement
24 agencies or the school district to purchase additional
25 software or requiring the integration of third-party
26 software to view the data;
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1 (2) be compatible with security software platforms in
2 use by the specific school for which the data is provided
3 without requiring local public safety agencies or the
4 school district to purchase additional software or
5 requiring the integration of third-party software to view
6 the data;
7 (3) be capable of being provided in a printable
8 format;
9 (4) be verified for accuracy by an on-site
10 walk-through of the school building and grounds;
11 (5) be oriented to true north;
12 (6) be overlaid on current aerial imagery or plans of
13 the school building;
14 (7) contain site-specific labeling that matches the
15 structure of the school building, including room labels,
16 hallway names, and external door or stairwell numbers and
17 the location of hazards, critical utilities, key boxes,
18 automated external defibrillators, and trauma kits, and
19 that matches the school grounds, including parking areas,
20 athletic fields, surrounding roads, and neighboring
21 properties; and
22 (8) be overlaid with gridded x/y coordinates.
23 (d) Subject to appropriation, the crisis response mapping
24 data may be reviewed annually to update the data as necessary.
25 (e) Crisis response mapping data obtained pursuant to this
26 Section are confidential and exempt from disclosure under the
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1 Freedom of Information Act.
2 (f) The State Board may adopt rules to implement the
3 provisions of this Section.
4 (Source: P.A. 103-8, eff. 6-7-23; revised 1-20-24.)
5 Section 15. The Vocational Education Act is amended by
6 changing Section 2.1 as follows:
7 (105 ILCS 435/2.1) (from Ch. 122, par. 697.1)
8 Sec. 2.1. Gender Equity Advisory Committee.
9 (a) The Superintendent of the State Board of Education
10 shall appoint a Gender Equity Advisory Committee consisting of
11 at least 9 members to advise and consult with the State Board
12 of Education and the State Board of Education's gender equity
13 liaison coordinator in all aspects relating to ensuring that
14 all students have equal educational opportunities to pursue
15 high wage, high skill, and in-demand occupations leading to
16 economic self-sufficiency.
17 (b) Membership shall include, without limitation, one
18 regional career and technical education system director with
19 experience in gender equity coordinator, 2 State Board of
20 Education employees, an appointee of the Director of Labor,
21 and 5 citizen appointees who have expertise in one or more of
22 the following areas: nontraditional training and placement; ,
23 service delivery to single parents; , service delivery to
24 displaced homemakers; , service delivery to female, male, and
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1 nonbinary teens; , service delivery to students of color;
2 service delivery to members of special populations, including,
3 but not limited to, individuals from economically
4 disadvantaged families, English learners, individuals with
5 disabilities, individuals who are out of the workforce,
6 individuals experiencing homelessness, migrants, individuals
7 in foster care, and military students; business and industry
8 experience; , and career and technical education
9 Education-to-Careers experience. Membership also may include
10 employees from the Department of Commerce and Economic
11 Opportunity, the Department of Human Services, and the
12 Illinois Community College Board who have expertise in one or
13 more of the areas listed in this subsection (b) for the citizen
14 appointees. Appointments shall be made taking into
15 consideration expertise of services provided in secondary,
16 postsecondary, and community-based community based programs.
17 (c) Members shall initially be appointed to one-year one
18 year terms commencing in January 1, 1990, and thereafter,
19 until January 1, 2025, to 2-year two year terms commencing on
20 January 1 of each odd numbered year. Beginning on January 1,
21 2025, members shall be appointed as follows. The career and
22 technical education system director appointee, one State Board
23 of Education appointee, the appointee of the Director of
24 Labor, and 2 citizen appointees, as determined by the State
25 Superintendent of Education, shall initially be appointed to
26 3-year terms and thereafter to 2-year terms; the remaining
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1 members of the committee shall initially and thereafter be
2 appointed to 2-year terms; and all terms shall commence on
3 January 1.
4 Vacancies shall be filled as prescribed in subsection (b)
5 for the remainder of the unexpired term.
6 (d) At the first meeting following the start of each
7 calendar year, the Each newly appointed committee shall elect
8 a Chair and Secretary from its members to serve until the first
9 meeting of the subsequent calendar year. Members shall serve
10 without compensation, but shall be reimbursed for expenses
11 incurred in the performance of their duties. The Committee
12 shall meet at least bi-annually and at other times at the call
13 of the Chair or at the request of the State Board of
14 Education's
gender equity liaison coordinator.
15 (e) On or before December 15, 2023, the Committee shall
16 submit recommendations to the Governor, General Assembly, and
17 State Board of Education regarding how school districts and
18 the State Board of Education can better support historically
19 disadvantaged males, including African American students and
20 other students of color, to ensure educational equity.
21 (f) On and after December 31, 2023, subsection (e) is
22 inoperative.
23 (Source: P.A. 102-863, eff. 1-1-23.)
24 Section 95. No acceleration or delay. Where this Act makes
25 changes in a statute that is represented in this Act by text
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1 that is not yet or no longer in effect (for example, a Section
2 represented by multiple versions), the use of that text does
3 not accelerate or delay the taking effect of (i) the changes
4 made by this Act or (ii) provisions derived from any other
5 Public Act.
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