Bill Amendment: IL HB2170 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SCH CD-SEAL OF BILITERACY

Status: 2021-01-14 - Added as Alternate Chief Co-Sponsor Sen. Robert Peters [HB2170 Detail]

Download: Illinois-2019-HB2170-Senate_Amendment_001.html

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Sen. Kimberly A. Lightford

Filed: 1/5/2021

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AMENDMENT TO HOUSE BILL 2170
AMENDMENT NO. ______. Amend House Bill 2170 by replacing
everything after the enacting clause with the following:
"Article 5.
Section 5-5. The School Code is amended by adding Section
2-3.64a-10 and by changing Section 27A-5 as follows:
(105 ILCS 5/2-3.64a-10 new)
Sec. 2-3.64a-10. Kindergarten assessment.
(a) For the purposes of this Section, "kindergarten"
includes both full-day and half-day kindergarten programs.
(b) Beginning no later than the 2021-2022 school year, the
State Board of Education shall annually assess all public
school students entering kindergarten using a common
assessment tool, unless the State Board determines that a
student is otherwise exempt. The common assessment tool must

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assess multiple developmental domains, including literacy,
language, mathematics, and social and emotional development.
The assessment must be valid, reliable, and developmentally
appropriate to formatively assess a child's development and
readiness for kindergarten.
(c) Results from the assessment may be used by the school
to understand the child's development and readiness for
kindergarten, to tailor instruction, and to measure the child's
progress over time. Assessment results may also be used to
identify a need for the professional development of teachers
and early childhood educators and to inform State-level and
district-level policies and resource allocation.
The school shall make the assessment results available to
the child's parent or guardian.
The assessment results may not be used (i) to prevent a
child from enrolling in kindergarten or (ii) as the sole
measure used in determining the grade promotion or retention of
a student.
(d) On an annual basis, the State Board shall report
publicly, at a minimum, data from the assessment for the State
overall and for each school district. The State Board's report
must disaggregate data by race and ethnicity, household income,
students who are English learners, and students who have an
individualized education program.
(e) The State Superintendent of Education shall appoint a
committee of no more than 21 members, consisting of parents,

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teachers, school administrators, assessment experts, regional
superintendents of schools, and citizens, to review, on an
ongoing basis, the content and design of the assessment, the
collective results of the assessment as measured against
kindergarten-readiness standards, and other issues involving
the assessment as identified by the committee.
The committee shall make periodic recommendations to the
State Superintendent of Education and the General Assembly
concerning the assessments.
(f) The State Board may adopt rules to implement and
administer this Section.
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this

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Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act. No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) this amendatory Act of
the 101st General Assembly, a charter school's board of
directors or other governing body must include at least one
parent or guardian of a pupil currently enrolled in the charter

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school who may be selected through the charter school or a
charter network election, appointment by the charter school's
board of directors or other governing body, or by the charter
school's Parent Teacher Organization or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) this amendatory Act of
the 101st General Assembly or within the first year of his or
her first term, every voting member of a charter school's board
of directors or other governing body shall complete a minimum
of 4 hours of professional development leadership training to
ensure that each member has sufficient familiarity with the
board's or governing body's role and responsibilities,
including financial oversight and accountability of the
school, evaluating the principal's and school's performance,
adherence to the Freedom of Information Act and the Open
Meetings Act Acts, and compliance with education and labor law.
In each subsequent year of his or her term, a voting member of
a charter school's board of directors or other governing body
shall complete a minimum of 2 hours of professional development
training in these same areas. The training under this
subsection may be provided or certified by a statewide charter
school membership association or may be provided or certified
by other qualified providers approved by the State Board of
Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety

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requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional
requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,

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including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code

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governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code regarding
criminal history records checks and checks of the Statewide
Sex Offender Database and Statewide Murderer and Violent
Offender Against Youth Database of applicants for
employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school report
cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;

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(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Section 26-18 of this Code;
(15) Section 22-30 of this Code; and
(16) Sections 24-12 and 34-85 of this Code; .
(17) the (16) The Seizure Smart School Act; and .
(18) Section 2-3.64a-10 of this Code.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after April
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)

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of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;

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101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
Article 10.
Section 10-5. The Early Intervention Services System Act is
amended by changing Section 11 as follows:
(325 ILCS 20/11) (from Ch. 23, par. 4161)
Sec. 11. Individualized Family Service Plans.
(a) Each eligible infant or toddler and that infant's or
toddler's family shall receive:
(1) timely, comprehensive, multidisciplinary
assessment of the unique strengths and needs of each
eligible infant and toddler, and assessment of the concerns
and priorities of the families to appropriately assist them
in meeting their needs and identify supports and services
to meet those needs; and
(2) a written Individualized Family Service Plan
developed by a multidisciplinary team which includes the
parent or guardian. The individualized family service plan
shall be based on the multidisciplinary team's assessment
of the resources, priorities, and concerns of the family
and its identification of the supports and services
necessary to enhance the family's capacity to meet the
developmental needs of the infant or toddler, and shall
include the identification of services appropriate to meet

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those needs, including the frequency, intensity, and
method of delivering services. During and as part of the
initial development of the individualized family services
plan, and any periodic reviews of the plan, the
multidisciplinary team may seek consultation from the lead
agency's designated experts, if any, to help determine
appropriate services and the frequency and intensity of
those services. All services in the individualized family
services plan must be justified by the multidisciplinary
assessment of the unique strengths and needs of the infant
or toddler and must be appropriate to meet those needs. At
the periodic reviews, the team shall determine whether
modification or revision of the outcomes or services is
necessary.
(b) The Individualized Family Service Plan shall be
evaluated once a year and the family shall be provided a review
of the Plan at 6 month intervals or more often where
appropriate based on infant or toddler and family needs. The
lead agency shall create a quality review process regarding
Individualized Family Service Plan development and changes
thereto, to monitor and help assure that resources are being
used to provide appropriate early intervention services.
(c) The initial evaluation and initial assessment and
initial Plan meeting must be held within 45 days after the
initial contact with the early intervention services system.
The 45-day timeline does not apply for any period when the

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child or parent is unavailable to complete the initial
evaluation, the initial assessments of the child and family, or
the initial Plan meeting, due to exceptional family
circumstances that are documented in the child's early
intervention records, or when the parent has not provided
consent for the initial evaluation or the initial assessment of
the child despite documented, repeated attempts to obtain
parental consent. As soon as exceptional family circumstances
no longer exist or parental consent has been obtained, the
initial evaluation, the initial assessment, and the initial
Plan meeting must be completed as soon as possible. With
parental consent, early intervention services may commence
before the completion of the comprehensive assessment and
development of the Plan.
(d) Parents must be informed that early intervention
services shall be provided to each eligible infant and toddler,
to the maximum extent appropriate, in the natural environment,
which may include the home or other community settings. Parents
shall make the final decision to accept or decline early
intervention services. A decision to decline such services
shall not be a basis for administrative determination of
parental fitness, or other findings or sanctions against the
parents. Parameters of the Plan shall be set forth in rules.
(e) The regional intake offices shall explain to each
family, orally and in writing, all of the following:
(1) That the early intervention program will pay for

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all early intervention services set forth in the
individualized family service plan that are not covered or
paid under the family's public or private insurance plan or
policy and not eligible for payment through any other third
party payor.
(2) That services will not be delayed due to any rules
or restrictions under the family's insurance plan or
policy.
(3) That the family may request, with appropriate
documentation supporting the request, a determination of
an exemption from private insurance use under Section
13.25.
(4) That responsibility for co-payments or
co-insurance under a family's private insurance plan or
policy will be transferred to the lead agency's central
billing office.
(5) That families will be responsible for payments of
family fees, which will be based on a sliding scale
according to the State's definition of ability to pay which
is comparing household size and income to the sliding scale
and considering out-of-pocket medical or disaster
expenses, and that these fees are payable to the central
billing office. Families who fail to provide income
information shall be charged the maximum amount on the
sliding scale.
(f) The individualized family service plan must state

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whether the family has private insurance coverage and, if the
family has such coverage, must have attached to it a copy of
the family's insurance identification card or otherwise
include all of the following information:
(1) The name, address, and telephone number of the
insurance carrier.
(2) The contract number and policy number of the
insurance plan.
(3) The name, address, and social security number of
the primary insured.
(4) The beginning date of the insurance benefit year.
(g) A copy of the individualized family service plan must
be provided to each enrolled provider who is providing early
intervention services to the child who is the subject of that
plan.
(h) Children receiving services under this Act shall
receive a smooth and effective transition by their third
birthday consistent with federal regulations adopted pursuant
to Sections 1431 through 1444 of Title 20 of the United States
Code. Children who receive early intervention services prior to
their third birthday and are found eligible for an
individualized education program under the Individuals with
Disabilities Education Act, 20 U.S.C. 1414(d)(1)(A), and under
Section 14-8.02 of the School Code may continue to receive
early intervention services until the beginning of the school
year following their third birthday in order to minimize gaps

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in services, ensure better continuity of care, and align
practices for the enrollment of preschool children with special
needs to the enrollment practices of typically developing
preschool children.
(Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
Article 15.
Section 15-1. Short title. This Article may be cited as the
Equitable Early Childhood Education and Care Act. References in
this Article to "this Act" mean this Article.
Section 15-5. Findings; policies.
(a) The General Assembly finds the following:
(1) Long-standing research shows that high-quality
early childhood experiences have an impact on children's
short-term and long-term outcomes, such as educational
attainment, health, and lifetime income, particularly for
children from low-income families.
(2) Early childhood education and care programs
provide child care so parents can maintain stable
employment, provide for themselves and their families, and
advance their career or educational goals.
(3) Illinois has a vigorous early childhood education
and care industry composed of programs that serve children
under the age of 6, including preschool and child care in

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schools, centers, and homes; these programs also include
home visiting and services for young children with special
needs.
(4) A significant portion of the early childhood
workforce and of family child care providers are Black and
Latinx women.
(5) Illinois was among the first states in the nation
to enact the Pre-K At-Risk program and services for infants
and toddlers in the 1980s and reaffirmed this commitment to
early childhood education in 2006 by creating Preschool for
All to offer State-funded, high-quality preschool to
3-year-olds and 4-year-olds.
(6) Illinois was one of the first states in the nation
to commit education funding to very young children and to
have a statutory commitment to grow funding for
infant-toddler services as it grows preschool services,
including prenatal supports like home visitors and doulas.
(7) Countless children and families have benefitted
from these services over these decades and have had the
opportunity to enter school ready to learn and succeed.
(8) Despite progress made by the State, too few
children, particularly those from Black, Latinx, and
low-income households and child care deserts, have access
to high-quality early childhood education and care
services, due to both the availability and affordability of
quality services.

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(9) In 2019, only 29% of all children in Illinois
entered kindergarten "ready"; only 21% of Black children,
17% of Latinx children, 14% of English Learners, 14% of
children with IEPs, and 20% of children on free and reduced
lunch demonstrated readiness, highlighting the critical
work Illinois must do to close gaps in opportunity and
outcomes.
(10) The State's early childhood education and care
programs are maintained across 3 state agencies, which
leads to inefficiencies, lack of alignment, challenges to
collecting comprehensive data around services and needs of
children and families, and obstacles for both children and
families and the early childhood education and care
providers to navigate the fragmented system and ensure
children receive high-quality services that meet their
needs.
(11) The State's current mechanisms for payment to
early childhood education and care providers may not
incentivize quality services and can lead to payment
delays, lack of stability of providers, and the inability
of providers to provide appropriate compensation to the
workforce and support quality programming.
(12) Illinois must advance a just system for early
childhood education and care that ensures racially and
economically equitable opportunities and outcomes for all
children.

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(13) In 2017, Illinois became a national leader in
passing the K-12 Evidence-Based Funding formula for public
schools, creating a mechanism to adequately fund and
equitably disburse resources throughout the State and
prioritize funding for school districts that need it most.
(b) The General Assembly supports the following goals of
the Illinois Commission on Equitable Early Childhood Education
and Care Funding:
(1) To create a more equitable, efficient, and
effective system and thereby increase access to
high-quality services, particularly to serve more Black
and Latinx children and populations of children where
children of color may be disproportionately represented,
such as children from low-income households, with
disabilities, experiencing homelessness, and participating
in the child welfare system.
(2) To ensure a more equitable system, we support the
Commission's goal of consolidating programs and services
into a single, adequately staffed State agency to align and
coordinate services, to decrease barriers to access for
families and make it easier for them to navigate the
system, and to better collect, use, and report
comprehensive data to ensure disparities in services are
addressed.
(3) To ensure equitable and adequate funding to expand
access to high-quality services and increase compensation

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of this vital workforce, a significant proportion of which
are Black and Latinx women. The General Assembly encourages
the State to commit to a multi-year plan designed to move
the State toward adequate funding over time.
(4) To redesign the mechanisms by which the State pays
providers of early childhood education and care services to
ensure provider stability, capacity, and quality and to
make sure providers and services are available to families
throughout the State, including in areas of child care
deserts and concentrated poverty.
(5) To ensure comprehensive data on children and
families' access to and participation in programs and
resulting outcomes, including, but not limited to,
kindergarten readiness, to understand and address the
degree to which the State is reaching children and families
and ensuring equitable opportunity and outcomes.
(c) The General Assembly encourages the State to create a
planning process and timeline, with a designated body
accountable for implementing the Commission's recommendations,
that includes engagement of parents, providers, communities,
experts, and other stakeholders and to regularly evaluate the
impact of the implementation of the Commission's
recommendations to ensure they impact children, families, and
communities as intended and lead to a more equitable early
childhood education and care system for Illinois.

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Article 20.
Section 20-5. The Illinois Act on the Aging is amended by
adding Section 4.01b as follows:
(20 ILCS 105/4.01b new)
Sec. 4.01b. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department may further define, by rule, the racial and
ethnic classifications provided in this Section.
(b) If a program administered by the Department is subject

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to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department shall submit to the General Assembly on
or before December 1 of each year preceding a new General
Assembly a report that contains the following:
(1) The racial and ethnic demographics of program
participants for each program administered by the
Department, as required under this Section, during the

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prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, of inmates and parolees eligible
for each of the programs detailed under paragraph (1)
according to either eligibility guidelines or the best
available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department as indicated by the
demographic information collected under paragraphs (1) and
(2).
(e) If the Department is unable to provide any item
specified under subsection (d), the Department shall submit to
the General Assembly on or before December 1 of each year
preceding a new General Assembly the reason for the delay and
the estimated date by which the Department will provide the
specified information.
(f) The Governor may require the Department and other
relevant State agencies that are required to report demographic
information as provided by this amendatory Act of the 101st
General Assembly to consolidate into a single report each
agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each
agency plans to implement to eliminate existing racial and
ethnic disparities within any program administered by the
agency. The provisions of this subsection shall not apply to

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the State Board of Education.
Section 20-10. The Department of Central Management
Services Law of the Civil Administrative Code of Illinois is
amended by adding Section 405-535 as follows:
(20 ILCS 405/405-535 new)
Sec. 405-535. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department may further define, by rule, the racial and
ethnic classifications provided in this Section.

10100HB2170sam001 - 25 - LRB101 07409 CMG 74497 a
(b) If a program administered by the Department is subject
to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department shall submit to the General Assembly on
or before December 1 of each year preceding a new General
Assembly a report that contains the following:
(1) The racial and ethnic demographics of program
participants for each program administered by the

10100HB2170sam001 - 26 - LRB101 07409 CMG 74497 a
Department, as required under this Section, during the
prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in Illinois
who are in need of or eligible for each of the programs
detailed under paragraph (1) according to either
eligibility guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department as indicated by the
demographic information collected under paragraphs (1) and
(2).
(e) If the Department is unable to provide any item
specified under subsection (d), the Department shall submit to
the General Assembly on or before December 1 of each year
preceding a new General Assembly the reason for the delay and
the estimated date by which the Department will provide the
specified information.
(f) The Governor may require the Department and other
relevant State agencies that are required to report demographic
information as provided by this amendatory Act of the 101st
General Assembly to consolidate into a single report each
agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each
agency plans to implement to eliminate existing racial and
ethnic disparities within any program administered by the

10100HB2170sam001 - 27 - LRB101 07409 CMG 74497 a
agency. The provisions of this subsection shall not apply to
the State Board of Education.
Section 20-15. The Children and Family Services Act is
amended by adding Section 44 as follows:
(20 ILCS 505/44 new)
Sec. 44. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department may further define, by rule, the racial and
ethnic classifications provided in this Section.

10100HB2170sam001 - 28 - LRB101 07409 CMG 74497 a
(b) If a program administered by the Department is subject
to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department shall submit to the General Assembly on
or before December 1 of each year preceding a new General
Assembly a report that contains the following:
(1) The racial and ethnic demographics of program
participants for each program administered by the

10100HB2170sam001 - 29 - LRB101 07409 CMG 74497 a
Department, as required under this Section, during the
prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in Illinois
who are in need of or eligible for each of the programs
detailed under paragraph (1) according to either
eligibility guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department as indicated by the
demographic information collected under paragraphs (1) and
(2).
(e) If the Department is unable to provide any item
specified under subsection (d), the Department shall submit to
the General Assembly on or before December 1 of each year
preceding a new General Assembly the reason for the delay and
the estimated date by which the Department will provide the
specified information.
(f) The Governor may require the Department and other
relevant State agencies that are required to report demographic
information as provided by this amendatory Act of the 101st
General Assembly to consolidate into a single report each
agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each
agency plans to implement to eliminate existing racial and
ethnic disparities within any program administered by the

10100HB2170sam001 - 30 - LRB101 07409 CMG 74497 a
agency. The provisions of this subsection shall not apply to
the State Board of Education.
Section 20-20. The Department of Human Services Act is
amended by changing Section 1-70 as follows:
(20 ILCS 1305/1-70)
Sec. 1-70. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department may further define, by rule, the racial and
ethnic classifications provided in this Section.

10100HB2170sam001 - 31 - LRB101 07409 CMG 74497 a
(b) If a program administered by the Department is subject
to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department shall submit to the General Assembly on
or before December 1 of each year preceding a new General
Assembly a report that contains the following:
(1) The racial and ethnic demographics of program
participants for each program administered by the

10100HB2170sam001 - 32 - LRB101 07409 CMG 74497 a
Department, as required under this Section, during the
prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in Illinois
who are in need of or eligible for each of the programs
detailed under paragraph (1) according to either
eligibility guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department as indicated by the
demographic information collected under paragraphs (1) and
(2).
(e) If the Department is unable to provide any item
specified under subsection (d), the Department shall submit to
the General Assembly on or before December 1 of each year
preceding a new General Assembly the reason for the delay and
the estimated date by which the Department will provide the
specified information.
(f) The Governor may require the Department and other
relevant State agencies that are required to report demographic
information as provided by this amendatory Act of the 101st
General Assembly to consolidate into a single report each
agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each
agency plans to implement to eliminate existing racial and
ethnic disparities within any program administered by the

10100HB2170sam001 - 33 - LRB101 07409 CMG 74497 a
agency. The provisions of this subsection shall not apply to
the State Board of Education.
(Source: P.A. 100-275, eff. 1-1-18; 100-863, eff. 8-14-18.)
Section 20-25. The Department of Labor Law is amended by
adding Section 1505-220 as follows:
(20 ILCS 1505/1505-220 new)
Sec. 1505-220. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department may further define, by rule, the racial and

10100HB2170sam001 - 34 - LRB101 07409 CMG 74497 a
ethnic classifications provided in this Section.
(b) If a program administered by the Department is subject
to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department shall submit to the General Assembly on
or before December 1 of each year preceding a new General
Assembly a report that contains the following:
(1) The racial and ethnic demographics of program

10100HB2170sam001 - 35 - LRB101 07409 CMG 74497 a
participants for each program administered by the
Department, as required under this Section, during the
prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in Illinois
who are in need of or eligible for each of the programs
detailed under paragraph (1) according to either
eligibility guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department as indicated by the
demographic information collected under paragraphs (1) and
(2).
(e) If the Department is unable to provide any item
specified under subsection (d), the Department shall submit to
the General Assembly on or before December 1 of each year
preceding a new General Assembly the reason for the delay and
the estimated date by which the Department will provide the
specified information.
(f) The Governor may require the Department and other
relevant State agencies that are required to report demographic
information as provided by this amendatory Act of the 101st
General Assembly to consolidate into a single report each
agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each
agency plans to implement to eliminate existing racial and

10100HB2170sam001 - 36 - LRB101 07409 CMG 74497 a
ethnic disparities within any program administered by the
agency. The provisions of this subsection shall not apply to
the State Board of Education.
Section 20-30. The Department of Healthcare and Family
Services Law is amended by adding Section 2205-35 as follows:
(20 ILCS 2205/2205-35 new)
Sec. 2205-35. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department may further define, by rule, the racial and

10100HB2170sam001 - 37 - LRB101 07409 CMG 74497 a
ethnic classifications provided in this Section.
(b) If a program administered by the Department is subject
to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department shall submit to the General Assembly on
or before December 1 of each year preceding a new General
Assembly a report that contains the following:
(1) The racial and ethnic demographics of program

10100HB2170sam001 - 38 - LRB101 07409 CMG 74497 a
participants for each program administered by the
Department, as required under this Section, during the
prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in Illinois
who are in need of or eligible for each of the programs
detailed under paragraph (1) according to either
eligibility guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department as indicated by the
demographic information collected under paragraphs (1) and
(2).
(e) If the Department is unable to provide any item
specified under subsection (d), the Department shall submit to
the General Assembly on or before December 1 of each year
preceding a new General Assembly the reason for the delay and
the estimated date by which the Department will provide the
specified information.
(e) The Governor may require the Department and other
relevant State agencies that are required to report demographic
information as provided by this amendatory Act of the 101st
General Assembly to consolidate into a single report each
agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each
agency plans to implement to eliminate existing racial and

10100HB2170sam001 - 39 - LRB101 07409 CMG 74497 a
ethnic disparities within any program administered by the
agency. The provisions of this subsection shall not apply to
the State Board of Education.
Section 20-35. The Department of Public Health Powers and
Duties Law is amended by adding Section 2310-61 as follows:
(20 ILCS 2310/2310-61 new)
Sec. 2310-61. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department may further define, by rule, the racial and

10100HB2170sam001 - 40 - LRB101 07409 CMG 74497 a
ethnic classifications provided in this Section.
(b) If a program administered by the Department is subject
to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department shall submit to the General Assembly on
or before December 1 of each year preceding a new General
Assembly a report that contains the following:
(1) The racial and ethnic demographics of program

10100HB2170sam001 - 41 - LRB101 07409 CMG 74497 a
participants for each program administered by the
Department, as required under this Section, during the
prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in Illinois
who are in need of or eligible for each of the programs
detailed under paragraph (1) according to either
eligibility guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department as indicated by the
demographic information collected under paragraphs (1) and
(2).
(e) If the Department is unable to provide any item
specified under subsection (d), the Department shall submit to
the General Assembly on or before December 1 of each year
preceding a new General Assembly the reason for the delay and
the estimated date by which the Department will provide the
specified information.
(f) The Governor may require the Department and other
relevant State agencies that are required to report demographic
information as provided by this amendatory Act of the 101st
General Assembly to consolidate into a single report each
agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each
agency plans to implement to eliminate existing racial and

10100HB2170sam001 - 42 - LRB101 07409 CMG 74497 a
ethnic disparities within any program administered by the
agency. The provisions of this subsection shall not apply to
the State Board of Education.
Section 20-40. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2705-620 as follows:
(20 ILCS 2705/2705-620 new)
Sec. 2705-620. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.

10100HB2170sam001 - 43 - LRB101 07409 CMG 74497 a
The Department may further define, by rule, the racial and
ethnic classifications provided in this Section.
(b) If a program administered by the Department is subject
to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department shall submit to the General Assembly on
or before December 1 of each year preceding a new General
Assembly a report that contains the following:

10100HB2170sam001 - 44 - LRB101 07409 CMG 74497 a
(1) The racial and ethnic demographics of program
participants for each program administered by the
Department, as required under this Section, during the
prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in Illinois
who are in need of or eligible for each of the programs
detailed under paragraph (1) according to either
eligibility guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department as indicated by the
demographic information collected under paragraphs (1) and
(2).
(e) If the Department is unable to provide any item
specified under subsection (d), the Department shall submit to
the General Assembly on or before December 1 of each year
preceding a new General Assembly the reason for the delay and
the estimated date by which the Department will provide the
specified information.
(f) The Governor may require the Department and other
relevant State agencies that are required to report demographic
information as provided by this amendatory Act of the 101st
General Assembly to consolidate into a single report each
agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each

10100HB2170sam001 - 45 - LRB101 07409 CMG 74497 a
agency plans to implement to eliminate existing racial and
ethnic disparities within any program administered by the
agency. The provisions of this subsection shall not apply to
the State Board of Education.
Section 20-45. The School Code is amended by adding Section
2-3.11e as follows:
(105 ILCS 5/2-3.11e new)
Sec. 2-3.11e. Uniform demographic data collection.
(a) The State Board of Education shall collect and publicly
report statistical data on the racial and ethnic demographics
of program participants for each program administered by the
State Board of Education. Except as provided in subsection (b),
when collecting the data required under this Section, the State
Board of Education shall use the same racial and ethnic
classifications for each program, which shall include, but not
be limited to, the following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.

10100HB2170sam001 - 46 - LRB101 07409 CMG 74497 a
The State Board of Education may further define, by rule,
the racial and ethnic classifications provided in this Section.
(b) If a program administered by the State Board of
Education is subject to federal reporting requirements that
include the collection and public reporting of statistical data
on the racial and ethnic demographics of program participants,
the State Board of Education may maintain the same racial and
ethnic classifications used under the federal requirements if
such classifications differ from the classifications listed in
subsection (a).
(c) The State Board of Education shall make all demographic
information collected under this Section available to the
public which at a minimum shall include posting the information
for each program in a timely manner on the State Board of
Education's official website. If the State Board of Education
already has a mechanism or process in place to report
information about program participation for any program
administered by the State Board of Education, then the State
Board of Education shall use that mechanism or process to
include the demographic information collected under this
Section. If the State Board of Education does not have a
mechanism or process in place to report information about
program participation for any program administered by the State
Board of Education, then the State Board of Education shall
create a mechanism or process to disseminate the demographic
information collected under this Section.

10100HB2170sam001 - 47 - LRB101 07409 CMG 74497 a
(d) The State Board of Education shall submit to the
General Assembly on or before December 1 of each year preceding
a new General Assembly a report that contains the following:
(1) The racial and ethnic demographics of program
participants for each program administered by the State
Board of Education, as required under this Section, during
the prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in Illinois
who are in need of or eligible for each of the programs
detailed under paragraph (1) according to either
eligibility guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the State Board of Education as
indicated by the demographic information collected under
paragraphs (1) and (2).
(e) If the State Board of Education is unable to provide
any item specified under subsection (d), the State Board of
Education shall submit to the General Assembly on or before
December 1 of each year preceding a new General Assembly the
reason for the delay and the estimated date by which the
Department will provide the specified information.
Section 20-50. The Unified Code of Corrections is amended
by adding Sections 3-2-2.5 and 3-2.5-62 as follows:

10100HB2170sam001 - 48 - LRB101 07409 CMG 74497 a
(730 ILCS 5/3-2-2.5 new)
Sec. 3-2-2.5. Uniform demographic data collection.
(a) The Department of Corrections shall collect and
publicly report statistical data on the racial and ethnic
demographics of program participants for each program
administered by the Department for inmates or parolees. Except
as provided in subsection (b), when collecting the data
required under this Section, the Department of Corrections
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department of Corrections may further define, by rule,
the racial and ethnic classifications provided in this Section.
(b) If a program administered by the Department of
Corrections is subject to federal reporting requirements that
include the collection and public reporting of statistical data
on the racial and ethnic demographics of program participants,

10100HB2170sam001 - 49 - LRB101 07409 CMG 74497 a
the Department may maintain the same racial and ethnic
classifications used under the federal requirements if such
classifications differ from the classifications listed in
subsection (a).
(c) The Department of Corrections shall make all
demographic information collected under this Section available
to the public which at a minimum shall include posting the
information for each program in a timely manner on the
Department's official website. If the Department of
Corrections already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department of
Corrections does not have a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(d) The Department of Corrections shall submit to the
General Assembly on or before December 1 of each year preceding
a new General Assembly a report that contains the following:
(1) The racial and ethnic demographics of program
participants for each program administered by the
Department of Corrections, as required under this Section,
during the prior 2 fiscal years.

10100HB2170sam001 - 50 - LRB101 07409 CMG 74497 a
(2) The most recent demographic information, including
racial and ethnic data, of inmates and parolees eligible
for each of the programs detailed under paragraph (1)
according to either eligibility guidelines or the best
available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department of Corrections as
indicated by the demographic information collected under
paragraphs (1) and (2).
(e) If the Department of Corrections is unable to provide
any item specified under subsection (d), the Department of
Corrections shall submit to the General Assembly on or before
December 1 of each year preceding a new General Assembly the
reason for the delay and the estimated date by which the
Department of Corrections will provide the specified
information.
(f) The Governor may require the Department of Corrections
and other relevant State agencies that are required to report
demographic information as provided by this amendatory Act of
the 101st General Assembly to consolidate into a single report
each agency's recommendations provided under paragraph (3) of
subsection (d), including a detailed account of measures each
agency plans to implement to eliminate existing racial and
ethnic disparities within any program administered by the
agency. The provisions of this subsection shall not apply to

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the State Board of Education.
(730 ILCS 5/3-2.5-62 new)
Sec. 3-2.5-62. Uniform demographic data collection.
(a) The Department of Juvenile Justice shall collect and
publicly report statistical data on the racial and ethnic
demographics of program participants for each program
administered by the Department for youths in each of the
Department's facilities and youths on aftercare. Except as
provided in subsection (b), when collecting the data required
under this Section, the Department of Juvenile Justice shall
use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department of Juvenile Justice may further define, by
rule, the racial and ethnic classifications provided in this
Section.
(b) If a program administered by the Department of Juvenile

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Justice is subject to federal reporting requirements that
include the collection and public reporting of statistical data
on the racial and ethnic demographics of program participants,
the Department may maintain the same racial and ethnic
classifications used under the federal requirements if such
classifications differ from the classifications listed in
subsection (a).
(c) The Department of Juvenile Justice shall make all
demographic information collected under this Section available
to the public which at a minimum shall include posting the
information for each program in a timely manner on the
Department's official website. If the Department of Juvenile
Justice already has a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department of
Juvenile Justice does not have a mechanism or process in place
to report information about program participation for any
program administered by the Department, then the Department
shall create a mechanism or process to disseminate the
demographic information collected under this Section.
(d) The Department of Juvenile Justice shall submit to the
General Assembly on or before December 1 of each year preceding
a new General Assembly a report that contains the following:
(1) The racial and ethnic demographics of program

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participants for each program administered by the
Department of Juvenile Justice, as required under this
Section, during the prior 2 fiscal years.
(2) The most recent demographic information, including
racial and ethnic data, on individuals residing in
Department facilities or who are in aftercare and who are
in need of or eligible for each of the programs detailed
under paragraph (1) according to either eligibility
guidelines or the best available information.
(3) Recommendations to eliminate any existing racial
and ethnic disparities in program participation for each
program administered by the Department of Juvenile Justice
as indicated by the demographic information collected
under paragraphs (1) and (2).
(e) If the Department of Juvenile Justice is unable to
provide any item specified under subsection (d), the Department
of Juvenile Justice shall submit to the General Assembly on or
before December 1 of each year preceding a new General Assembly
the reason for the delay and the estimated date by which the
Department of Juvenile Justice will provide the specified
information.
(f) The Governor may require the Department of Juvenile
Justice and other relevant State agencies that are required to
report demographic information as provided by this amendatory
Act of the 101st General Assembly to consolidate into a single
report each agency's recommendations provided under paragraph

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(3) of subsection (d), including a detailed account of measures
each agency plans to implement to eliminate existing racial and
ethnic disparities within any program administered by the
agency. The provisions of this subsection shall not apply to
the State Board of Education.
Article 25.
Section 22-5. The School Code is amended by adding Section
22-90 as follows:
(105 ILCS 5/22-90 new)
Sec. 22-90. Whole Child Task Force.
(a) The General Assembly makes all of the following
findings:
(1) The COVID-19 pandemic has exposed systemic
inequities in American society. Students, educators, and
families throughout this State have been deeply affected by
the pandemic, and the impact of the pandemic will be felt
for years to come. The negative consequences of the
pandemic have impacted students and communities
differently along the lines of race, income, language, and
special needs. However, students in this State faced
significant unmet physical health, mental health, and
social and emotional needs even prior to the pandemic.
(2) The path to recovery requires a commitment from

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adults in this State to address our students cultural,
physical, emotional, and mental health needs and to provide
them with stronger and increased systemic support and
intervention.
(3) It is well documented that trauma and toxic stress
diminish a child's ability to thrive. Forms of childhood
trauma and toxic stress include adverse childhood
experiences, systemic racism, poverty, and insecurity. The
COVID-19 pandemic has exacerbated these issues and brought
them into focus.
(4) It is estimated that, overall, approximately 40% of
children in this State have experienced at least one
adverse childhood experience and approximately 10% have
experienced 3 or more adverse childhood experiences.
However, the number of adverse childhood experiences is
higher for Black and Hispanic children who are growing up
in poverty. The COVID-19 pandemic has amplified the number
of students who have experienced childhood trauma. Also,
the COVID-19 pandemic has highlighted preexisting
inequities in school disciplinary practices that
disproportionately impact Black and Brown students.
(5) The cumulative effects of trauma and toxic stress
adversely impact the physical health of students, as well
as their ability to learn, form relationships, and
self-regulate. If left unaddressed, these effects increase
a student's risk for depression, alcoholism, anxiety,

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asthma, smoking, and suicide, all of which are risks that
disproportionately affect Black youth and may lead to a
host of medical diseases as an adult. Access to infant and
early childhood mental health services is critical to
ensure the social and emotional well-being of this State's
youngest children, particularly those children who have
experienced trauma.
(6) Although this State enacted measures through
Public Act -105 to address the high rate of early care and
preschool expulsions of infants, toddlers, and
preschoolers and the disproportionately higher rate of
expulsion for Black and Hispanic children, a recent study
found a wide variation in the awareness, understanding, and
compliance with the law by providers of early childhood
care. Further work is needed to implement the law, which
includes providing training to early childhood care
providers to increase their understanding of the law,
increasing the availability and access to infant and early
childhood mental health services, and building aligned
data collection systems to better understand expulsion
rates and to allow for accurate reporting as required by
the law.
(7) Many educators and schools in this State have
embraced and implemented evidenced-based restorative
justice and trauma-responsive and culturally relevant
practices and interventions. However, the use of these

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interventions on students is often isolated or is
implemented occasionally and only if the school has the
appropriate leadership, resources, and partners available
to engage seriously in this work. It would be malpractice
to deny our students access to these practices and
interventions, especially in the aftermath of a
once-in-a-century pandemic.
(b) The Whole Child Task Force is created for the purpose
of establishing an equitable, inclusive, safe, and supportive
environment in all schools for every student in this State. The
task force shall have all of the following goals, which means
key steps have to be taken to ensure that every child in every
school in this State has access to teachers, social workers,
school leaders, support personnel, and others who have been
trained in evidenced-based interventions and restorative
practices:
(1) To create a common definition of a
trauma-responsive school, a trauma-responsive district,
and a trauma-responsive community.
(2) To outline the training and resources required to
create and sustain a system of support for
trauma-responsive schools, districts, and communities and
to identify this State's role in that work, including
recommendations concerning options for redirecting
resources from school resource officers to classroom-based
support.

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(3) To identify or develop a process to conduct an
analysis of the organizations that provide training in
restorative practices, implicit bias, and
trauma-responsive systems, mental health services, and
social and emotional services to schools.
(4) To provide recommendations concerning the key data
to be collected and reported to ensure that this State has
a full and accurate understanding of the progress toward
ensuring that all schools employ restorative, anti-racist,
and trauma-responsive strategies and practices. The data
collected must include information relating to
disciplinary practices employed on a student in person or
through other means and to support structures in schools,
including school resource officers and the funding of other
similar police personnel in school programs.
(5) To recommend an implementation timeline, including
the key roles, responsibilities, and resources to advance
this State toward a system in which every school, district,
and community is progressing toward becoming
trauma-responsive.
(6) To seek input and feedback from stakeholders,
including parents, students, and educators, who reflect
the diversity of this State.
(c) Members of the Whole Child Task Force shall be
appointed by the State Superintendent of Education. Members of
this task force must represent the diversity of this State and

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possess the expertise needed to perform the work required to
meet the goals of the task force set forth under subsection
(a). Members of the task force shall include all of the
following:
(1) One member of a statewide professional teachers'
organization.
(2) One member of another statewide professional
teachers' organization.
(3) One member who represents a school district serving
a community with a population of 500,000 or more.
(4) One member of a statewide organization
representing social workers.
(5) One member of an organization that has specific
expertise in trauma-responsive school practices and
experience in supporting schools in developing
trauma-responsive and restorative practices.
(6) One member of another organization that has
specific expertise in trauma-responsive school practices
and experience in supporting schools in developing
trauma-responsive and restorative practices.
(7) One member of a statewide organization that
represents school administrators.
(8) One member of a statewide policy organization that
works to build a healthy public education system that
prepares all students for a successful college, career, and
civic life.

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(9) One member of a statewide organization that brings
teachers together to identify and address issues critical
to student success.
(10) One member of the General Assembly recommended by
the President of the Senate.
(11) One member of the General Assembly recommended by
the Speaker of the House of Representatives.
(12) One member of the General Assembly recommended by
the Minority Leader of the Senate.
(13) One member of the General Assembly recommended by
the Minority Leader of the House of Representatives.
(14) One member of a civil rights organization that
works actively on issues regarding student support.
(15) One administrator from a school district that has
actively worked to develop a system of student support that
uses a trauma-informed lens.
(16) One educator from a school district that has
actively worked to develop a system of student support that
uses a trauma-informed lens.
(17) One member of a youth-led organization.
(18) One member of an organization that has
demonstrated expertise in restorative practices.
(19) One member of a coalition of mental health and
school practitioners who assist schools in developing and
implementing trauma-informed and restorative strategies
and systems.

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(20) One member of an organization whose mission is to
promote the safety, health, and economic success of
children, youth, and families in this State.
(21) One member who works or has worked as a
restorative justice coach or disciplinarian.
(22) One member who works or has worked as a social
worker.
(23) One member of the State Board of Education.
(24) One member who represents a statewide principals'
organization.
(25) One member who represents a statewide
organization of school boards.
(d) The Whole Child Task Force shall meet initially at the
call of the State Superintendent of Education, at which time
the Governor shall select one member who holds a doctorate
degree in whole-child research as the chairperson. The task
force shall thereafter meet at the call of the chairperson. The
State Board of Education shall provide administrative and other
support to the task force. Members of the task force shall
serve without compensation.
(e) The Whole Child Task Force shall submit a report of its
findings and recommendations to the General Assembly, the
Illinois Legislative Black Caucus, the State Board of
Education, and the Governor on or before February 1, 2022. Upon
submitting its report, the task force is dissolved.
(f) This Section is repealed on February 1, 2023.

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Article 30.
Section 30-1. Short title. This Article may be cited as the
Equity in Early Education Act. References in this Article to
"this Act" mean this Article.
Section 30-5. Findings; legislative intent.
(a) The General Assembly makes all of the following
findings:
(1) The 2019 Illinois Assessment of Readiness found
that only 37% of students in third grade met or exceeded
learning standards in English language arts and only 41% of
the students met or exceeded mathematics learning
standards.
(2) The 2017 National Assessment of Educational
Progress similarly showed that only 35% of students in the
fourth grade are proficient or advanced in English language
arts while only 39% of the students are proficient or
advanced in mathematics.
(3) Research from the Annie E. Casey Foundation found
that students in the third grade who are not proficient
readers are 4 times more likely to not finish high school.
Moreover, students in the third grade from low-income
families who are not proficient readers are more than 6
times more likely to not finish high school.

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(4) The Literacy Project Foundation estimates that 60%
of individuals who are in prison are illiterate and 85% of
juvenile offenders struggle with reading.
(5) Strengthening early literacy and numeracy
instruction and support for students in this State will pay
dividends in the future by empowering and providing
students with the skills they need to graduate and the
ability to find fulfilling careers and to be productive
members of their communities.
(b) It is the intent of the General Assembly in enacting
this Act that:
(1) every public school student in this State be
provided with the high-quality instruction, support, and
intervention he or she needs to become proficient in
reading and math;
(2) the promotion of every public school student to the
next higher grade level be based, in part, upon proficiency
in reading and math;
(3) school board policies facilitate evidence-based
reading instruction, math instruction, and intervention
services to address the reading and math needs of students;
(4) each public school student's parent or guardian be
informed regularly of the student's progress in reading and
math; and
(5) ultimately, by the third grade, every public school
student is able to demonstrate reading and math performance

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at or above his or her grade level.
Section 30-10. Definitions. In this Act:
"Level I dyslexia screening" means a process, as determined
by a school district, for gathering additional information to
determine if the characteristics of dyslexia are present.
"Universal screener" means an assessment used to aid
educators in understanding the causes for student performance,
learning strengths, and the needs that underlie student
performance. The assessment is conducted to identify or predict
students who may be at risk for poor learning outcomes and is
typically brief and conducted with all students at a particular
grade level.
Section 30-15. Identifying deficiencies in literacy and
math skills.
(a) Beginning no later than the 2022-2023 school year, a
school district, within 45 days after the beginning of the
school year, shall administer a valid and reliable universal
screener to identify any deficiencies in reading or math skills
to all students in the first and second grades. If a school
district has been using a universal screener before the
effective date of this Act that includes, as developmentally
appropriate, all of the following, then the school district is
not required to create an assessment process or administer
different or additional universal screenings under this

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Section:
(1) Phonological and phonemic awareness.
(2) Sound symbol recognition.
(3) Alphabet knowledge.
(4) Decoding skills.
(5) Rapid naming skills.
(6) Encoding skills.
(7) Oral reading fluency.
(b) If a student is determined to be at risk or at some
risk for dyslexia after the universal screener has been
administered, the school district must administer a Level 1
dyslexia screening on the student.
(c) The State Board of Education shall create a process for
reviewing and approving a list of reliable and valid universal
screeners.
Section 30-20. Reading and math intervention. A school
district shall offer appropriate evidence-based reading or
math intervention using a multi-tiered system of support (MTSS)
framework to address the needs of each student in grades
kindergarten through 3 who exhibits a deficiency in reading or
math skills, including those students who are referred for
additional screening. A deficiency in reading or math skills
shall be defined as a student who scores below his or her grade
level or a student who is determined to be at-risk for reading
or math failure based upon a screening assessment, a diagnostic

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assessment, a standardized summative assessment, or progress
monitoring. The reading or math intervention shall be provided
in addition to the core reading or math instruction that is
provided to all students as part of the general education
curricula. The reading or math intervention shall:
(1) be provided to all students in grades kindergarten
through 3 who are identified as having a deficiency in
reading or math skills;
(2) regularly monitor throughout the school year the
progress of all students in grades kindergarten through 3
who are identified as having a deficiency in reading or
math skills and to adjust instruction according to the
needs of the student;
(3) provide a student who is identified as having a
deficiency in reading with explicit and systematic
instruction in each of the 5 essential components of
reading, which are phonological awareness, phonics,
fluency, vocabulary, and comprehension, in which the
student has a deficiency;
(4) provide to a student who is identified as having a
deficiency in math skills with explicit and systematic
instruction in early numeracy skills, as applicable;
(5) be offered primarily during regular school hours,
although the intervention may also be offered before or
after regular school hours;
(6) be created in consultation with the student's

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parent or guardian;
(7) remain in effect until the student is proficient in
reading or math or until the student has an individualized
education program in place with appropriate goals in
reading or math; and
(8) provide, subject to appropriation, professional
development for teachers in evidence-based practices in
literacy and math instruction to students who lack
proficiency in reading or math or both.
Section 30-25. Intervention programs. A school district
may determine the appropriate intervention program for a
student under this Act. A program may include any of the
following:
(1) Summer reading and math camps that are available to
students who have the most severe deficiencies in reading
and math. The camps shall be staffed with highly effective
teachers in reading and math who must provide explicit and
systematic reading or math intervention services and
support to correct a student's identified areas of reading
or math deficiency. No less than 90 hours of instructional
time in reading, math, or reading and math must be provided
to a student.
(2) An intensive acceleration class that may be
established by a school district for any student who is
retained in grade 3 and who previously was retained in any

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of grades kindergarten through 2. The intensive
acceleration class shall have a reduced teacher-student
ratio and shall provide to the student explicit and
systematic reading or math instruction and intervention
for the majority of the student's class attendance time
each day.
(3) An extended-time reading and math intervention
program that is available to students in grades
kindergarten through 3 who lack proficiency in reading or
math. The program must provide proven and effective,
evidence-based, substantial intervention that includes
basic mathematics, phonemic awareness, decoding,
vocabulary, comprehension, and fluency, as appropriate for
each student, and that is based on a formative assessment
designed to, at a minimum, identify weaknesses in those
areas of learning. The program may include online or
digital instructional materials, programs, or library
resources. A minimum of 60 hours of supplemental
instruction for students who have severe deficiencies in
reading and math may be provided or a minimum of 30 hours
of supplemental instruction for students with less severe
deficiencies may be provided.
Section 30-50. Rules; technical assistance.
(a) The State Board of Education may adopt any rules
necessary to implement, administer, and enforce this Act.

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(b) The State Board of Education may provide technical
assistance to aid school districts in implementing this Act.
Section 30-90. The School Code is amended by adding
Sections 2-3.51b, 2-3.161, 2-3.182, 10-20.9b, 10-20.73,
10-20.74, 10-20.75, 34-18.51a, 34-18.67, 34-18.68, and
34-18.69 and by changing Sections 10-20.9a, 21B-20, 21B-35, and
34-18.51 as follows:
(105 ILCS 5/2-3.51b new)
Sec. 2-3.51b. Early literacy and numeracy grants.
(a) The State Board of Education shall implement and
administer an early literacy and numeracy grant program to
support school districts that serve students with deficiencies
in reading or math skills or both to redesign school curricula,
provide professional development for teachers, or hire
literacy coaches.
(b) Subject to appropriation, the State Board shall
distribute grants under the program to school districts based
on the number of pupils in grade 3 who have been identified as
needing reading or math intervention under Section 10-20.9b or
34-18.51a. Grants shall be awarded on a non-competitive basis,
but in order to be eligible to receive grant funds, a school
district must submit to the State Board a high-quality plan
that demonstrates how the school district intends to utilize
the funding to improve literacy, numeracy instruction, or both

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to students.
(c) The plan submitted by a school district under
subsection (b) must include all of the following information:
(1) A description of the methods by which the school
district will modify its whole-class instructional
practices.
(2) The assessment tool or tools that will be used in
grades kindergarten through 3.
(3) The intervention programs that will be provided to
students who are identified as having a reading or math
deficiency.
(4) The support that will be offered to teachers to
implement these changes.
(d) If the amount appropriated in a given fiscal year is
insufficient to provide a grant to all eligible school
districts that request funding under the grant program, the
State Board may develop equity-based criteria to determine the
priority in which school districts receive grants under the
program.
Each fiscal year, the State Board may withhold up to 2% of
the amount appropriated for the grant program to administer the
grant program.
(e) Three years after the first grants are awarded under
this Section, the State Board shall submit a report to the
General Assembly. The report shall include data on the number
of students served, the change in the rates of proficiency in

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reading and math in school districts that received a grant, and
an assessment of the effectiveness of the grant program.
(f) The State Board may adopt any rules necessary to
implement this Section.
(105 ILCS 5/2-3.161)
Sec. 2-3.161. Definition of dyslexia; reading instruction
advisory group; handbook; screening rules.
(a) The State Board of Education shall incorporate, in both
general education and special education, the following
definition of dyslexia:
Dyslexia is a specific learning disability that is
neurobiological in origin. Dyslexia is characterized by
difficulties with accurate and/or fluent word recognition
and by poor spelling and decoding abilities. These
difficulties typically result from a deficit in the
phonological component of language that is often
unexpected in relation to other cognitive abilities and the
provision of effective classroom instruction. Secondary
consequences may include problems in reading comprehension
and reduced reading experience that can impede growth of
vocabulary and background knowledge.
(b) Subject to specific State appropriation or the
availability of private donations, the State Board of Education
shall establish an advisory group to develop a training module
or training modules to provide education and professional

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development to teachers, school administrators, and other
education professionals regarding multi-sensory, systematic,
and sequential instruction in reading. This advisory group
shall complete its work before December 15, 2015 and is
abolished on December 15, 2015. The State Board of Education
shall reestablish the advisory group abolished on December 15,
2015 to complete the abolished group's work. The reestablished
advisory group shall complete its work before December 31, 2016
and is abolished on December 31, 2016. The provisions of this
subsection (b), other than this sentence, are inoperative after
December 31, 2016.
(c) The State Board of Education shall develop and maintain
a handbook to be made available on its Internet website that
provides guidance for pupils, parents or guardians, and
teachers on the subject of dyslexia. The handbook shall
include, but is not limited to:
(1) guidelines for teachers and parents or guardians on
how to identify signs of dyslexia;
(2) a description of educational strategies that have
been shown to improve the academic performance of pupils
with dyslexia; and
(3) a description of resources and services available
to pupils with dyslexia, parents or guardians of pupils
with dyslexia, and teachers; and .
(4) guidelines for (i) the administration of a
universal screener and Level I dyslexia screening, as

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defined in Sections 10-20.73 and 34-18.67, (ii) the
interpretation of data from the screener or screening, and
(iii) appropriate instruction within a multi-tiered system
of support (MTSS) framework.
The State Board shall review the handbook once every 4
years to update, if necessary, the guidelines, educational
strategies, or resources and services made available in the
handbook.
(d) The State Board of Education shall adopt any rules
necessary to ensure that a student is screened as provided
under Section 10-20.73 or 34-18.67 for the risk factors of
dyslexia using a universal screener if:
(1) a student is in first or second grade in a public
school;
(2) a student in first or second grade transfers to a
new public school and has not been screened previously
during the school year; and
(3) a student from another state enrolls for the first
time in first or second grade in a school district in this
State, unless the student presents documentation that the
student had the dyslexia screening or a similar screening
during the school year or is exempt from screening.
(e) The State Board of Education shall adopt any rules
necessary to ensure that (i) a student is screened, as provided
in Section 10-20.73 or 34-18.67, for the characteristics of
dyslexia using a Level I dyslexia screening and (ii) a student

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receives dyslexia intervention services under Section 10-20.73
or 34-18.67.
(f) The State Board of Education shall provide technical
assistance for specific learning disabilities to school
districts, including assistance with universal screeners and
dyslexia screenings.
The State Board shall review the handbook once every 4
years to update, if necessary, the guidelines, educational
strategies, or resources and services made available in the
handbook.
(Source: P.A. 99-65, eff. 7-16-15; 99-78, eff. 7-20-15; 99-602,
eff. 7-22-16; 99-603, eff. 7-22-16; 100-201, eff. 8-18-17;
100-617, eff. 7-20-18.)
(105 ILCS 5/2-3.182 new)
Sec. 2-3.182. Report on reading and math intervention and
support.
(a) The State Board of Education shall establish a uniform
format for school districts to report the information required
under subsection (c) of Section 10-20.9b and subsection (c) of
Section 34-18.51a. The format may be developed with input from
school boards and shall be provided to each school district no
later than 90 days prior to the annual reporting due date.
(b) The State Board shall annually compile the information
required under subsection (c) of Section 10-20.9b and
subsection (c) of Section 34-18.51a, along with State-level

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summary information, and publish the information on its
Internet website. On or before October 31 of each year, the
State Board shall make a report of its findings and compilation
of information available to the public, the Governor, and the
General Assembly, as provided under Section 3.1 of the General
Assembly Organization Act.
(105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
Sec. 10-20.9a. Final grade; promotion.
(a) Teachers shall administer the approved marking system
or other approved means of evaluating pupil progress. The
teacher shall maintain the responsibility and right to
determine grades and other evaluations of students within the
grading policies of the district based upon his or her
professional judgment of available criteria pertinent to any
given subject area or activity for which he or she is
responsible. District policy shall provide the procedure and
reasons by and for which a grade may be changed; provided that
no grade or evaluation shall be changed without notification to
the teacher concerning the nature and reasons for such change.
If such a change is made, the person making the change shall
assume such responsibility for determining the grade or
evaluation, and shall initial such change.
(b) School districts shall not promote students to the next
higher grade level based upon age or any other social reasons
not related to the academic performance of the students. School

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On or before September 1, 1998, school boards shall adopt and
enforce a policy on promotion as they deem necessary to ensure
that students meet local goals and objectives and can perform
at the expected grade level prior to promotion. Decisions to
promote or retain students in any classes shall be based on
successful completion of the curriculum, attendance,
performance based on the assessments required under Section
2-3.64a-5 of this Code, the Iowa Test of Basic Skills, or other
testing, or any other criteria established by the school board.
Students determined by the local district to not qualify for
promotion to the next higher grade shall be provided remedial
assistance, which may include, but shall not be limited to, a
summer bridge program of no less than 90 hours, tutorial
sessions, increased or concentrated instructional time,
modifications to instructional materials, and retention in
grade. This subsection (b) is subject to Section 10-20.9b.
(Source: P.A. 98-972, eff. 8-15-14.)
(105 ILCS 5/10-20.9b new)
Sec. 10-20.9b. Reading and math intervention and support.
(a) A school board must notify, in writing, the parent or
guardian of a student in any of grades kindergarten through 3
who exhibits a deficiency in reading or math skills at any time
during the school year no later than 30 days after the
identification of the deficiency in reading or math. The
written notification provided to the parent or guardian of the

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student must include all of the following:
(1) Notification that the student has been identified
as having a deficiency in reading or math and that
additional support will be provided to the student.
(2) A description of the current services that are
provided to the student.
(3) A description of the proposed evidence-based
reading or math intervention services and supplemental
instructional services and support that will be provided to
the student and that are designed to remedy the identified
areas of deficiency in reading or math.
(4) Notification that the parent or guardian will be
informed in writing of the student's progress toward
grade-level reading or math with each progress report or
report card.
(5) Strategies for the parent or guardian to use at
home to help the student succeed in reading or math.
(6) Notification that if the student's deficiency in
reading or math is not corrected by the end of grade 3, the
school will provide the student with intensive
intervention and progress monitoring if the student is
promoted to grade 4.
(b) Beginning with the 2022-2023 school year, a school
district must provide to any student retained in a grade
intensive reading or math intervention to remedy the student's
specific deficiency in reading or math. The reading or math

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intervention services must include effective instructional
strategies to accelerate student progress. The school district
may provide any of the following services to the retained
student:
(1) A highly effective teacher of reading or math, as
demonstrated by student reading or math performance data
and teacher performance evaluations.
(2) The use of reading or math intervention services
and support to correct the identified areas of deficiency
in reading or math, which include, but are not limited to:
(A) dedicating more time than in the previous
school year to providing to the student evidence-based
reading or math instruction and intervention;
(B) using reading or math strategies or programs
that are evidence-based and have proven results for
accelerating student reading or math achievement
within the same school year;
(C) daily targeted small group reading or math
intervention based on student needs;
(D) explicit and systematic instruction with more
detailed explanations, more extensive opportunities
for guided practice, and more opportunities for error
correction and feedback; and
(E) frequent monitoring of the reading or math
progress of the student's reading or math skills
throughout the school year and the adjustment of

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instruction according to the student's needs.
(3) Before-school or after-school supplemental
evidence-based reading or math intervention delivered by a
teacher or tutor with specialized training in reading or
math instruction.
(4) An at-home plan outlined in a parental contract
that includes participation in parent-training workshops
or regular parent-guided reading or math activities.
(c) On or before October 1 of each year, a school board
must report, in writing, to the State Board of Education all of
the following information for the prior school year, by grade
and disaggregated by demographic group if applicable:
(1) The school board's policies and procedures on
student grade-level retention and promotion.
(2) The number of students who were administered a
universal screener, as defined in Section 10-20.73, during
the school year.
(3) The number of students who were administered a
Level I dyslexia screening, as defined in Section 10-20.73.
(4) The total number of students identified as having
the characteristics of dyslexia during that school year.
(5) The number of students receiving reading or math
intervention services, including those receiving dyslexia
intervention services, under this Section.
(6) The number and percentage of all students in
kindergarten through grade 3 performing below grade level

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on local and statewide assessments.
(7) By grade and disaggregated by demographic group,
the number and percentage of all students retained in
kindergarten through grade 3.
(d) The State Board of Education shall provide technical
assistance to aid school boards in implementing this Section.
(105 ILCS 5/10-20.73 new)
Sec. 10-20.73. Dyslexia screening and support.
(a) In this Section:
"Level I dyslexia screening" means a process, as determined
by a school district, for gathering additional information to
determine if the characteristics of dyslexia are present.
"Universal screener" means an assessment used to aid
educators in understanding the causes for student performance,
learning strengths, and the needs that underlie student
performance. The assessment is conducted with all students at a
particular grade level.
(b) Beginning with the 2022-2023 school year, a school
district must screen students in the first and second grades
for the risk factors of dyslexia using a universal screener
appropriately designed for the educational context. Following
the administration of the universal screener, if a student is
determined to be at risk or at some risk for dyslexia, the
school district must administer a Level I dyslexia screening of
the student. Through the Level I dyslexia screening, the school

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district must gather additional information to determine if the
student has the characteristics of dyslexia. The additional
information may include, but is not limited to, information
from progress monitoring data, work samples, additional age and
grade-appropriate assessments related to dyslexia, teacher
questionnaires, parent interviews, and speech and language
assessments and information regarding the student's family
history related to dyslexia.
(c) If the universal screener or the Level I dyslexia
screening indicates that a student has some risk factors for
dyslexia or the characteristics of dyslexia, the school must
use a multi-tiered system of support (MTSS) framework to
address the needs of the student. A school district is not
required to administer a Level I dyslexia screening to a
student if the student is receiving dyslexia intervention
services. If a student's performance on a Level I dyslexia
screening indicates a need for dyslexia intervention services,
the school district must notify the student's parent or
guardian of the results of all screenings and provide to the
parent or guardian, in addition to the information contained in
the handbook developed under Section 2-3.161, all of the
following information and resource material:
(1) The characteristics of dyslexia.
(2) The appropriate classroom interventions and
accommodations for students with dyslexia.
(3) A statement that the parent or guardian may elect

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to have the student receive an educational evaluation by
the school.
(d) If the student's Level I dyslexia screening indicates
that the student has the characteristics of dyslexia, the
intervention services provided to the student pursuant to
Section 10-20.9b must be implemented using diagnostic teaching
guidelines described in the handbook developed under Section
2-3.161.
(105 ILCS 5/10-20.74 new)
Sec. 10-20.74. Evidence-based reading instruction. By no
later than the beginning of the 2023-2024 school year, the
school board of each school district that maintains grades
kindergarten through 3 shall develop a plan to ensure that
within 3 school years all classroom teachers, resource
teachers, and reading interventionists who work with students
in grades kindergarten through 3 receive professional
development, in-service training, or coaching in
evidence-based reading instruction that has a focus on reading
competency in the areas of phonemic awareness.
A teacher who provides satisfactory evidence to the school
board that he or she has previously received explicit and
repeated instruction in each of the 5 essential components of
reading, which are phonemic awareness, phonics, fluency,
comprehension, and vocabulary, through an educator preparation
program or other accredited training program is exempt from the

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requirements of this Section.
(105 ILCS 5/10-20.75 new)
Sec. 10-20.75. Early reading instruction. Each school
district that maintains grades kindergarten through 3 shall
provide students with instructional programming and services
necessary to ensure, to the greatest extent possible, that as a
student progresses from kindergarten through grade 3, the
student develops the necessary reading skills to enable him or
her to master the academic standards and expectations
applicable to grade 4 and higher grade levels. The
instructional programming and services for teaching students
to read must be evidence-based and must focus on reading
competency in the areas of phonemic awareness, phonics,
vocabulary development, fluency, and comprehension.
(105 ILCS 5/21B-20)
Sec. 21B-20. Types of licenses. The State Board of
Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an educator
license with stipulations; (iii) a substitute teaching
license; or (iv) until June 30, 2023, a short-term substitute
teaching license. References in law regarding individuals
certified or certificated or required to be certified or

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certificated under Article 21 of this Code shall also include
individuals licensed or required to be licensed under this
Article. The first year of all licenses ends on June 30
following one full year of the license being issued.
The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
(1) Professional Educator License. Persons who (i)
have successfully completed an approved educator
preparation program and are recommended for licensure by
the Illinois institution offering the educator preparation
program, (ii) have successfully completed the required
testing under Section 21B-30 of this Code, (iii) have
successfully completed coursework on the psychology of,
the identification of, and the methods of instruction for
the exceptional child, including without limitation
children with learning disabilities, (iv) have
successfully completed coursework in methods of reading
and reading in the content area, and, beginning on July 1,
2024, have successfully completed and received explicit
and repeated instruction in each of the 5 essential
components of reading, which are phonemic awareness,
phonics, fluency, comprehension, and vocabulary, and (v)
have met all other criteria established by rule of the
State Board of Education shall be issued a Professional

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Educator License. All Professional Educator Licenses are
valid until June 30 immediately following 5 years of the
license being issued. The Professional Educator License
shall be endorsed with specific areas and grade levels in
which the individual is eligible to practice. For an early
childhood education endorsement, an individual may satisfy
the student teaching requirement of his or her early
childhood teacher preparation program through placement in
a setting with children from birth through grade 2, and the
individual may be paid and receive credit while student
teaching. The student teaching experience must meet the
requirements of and be approved by the individual's early
childhood teacher preparation program.
Individuals can receive subsequent endorsements on the
Professional Educator License. Subsequent endorsements
shall require a minimum of 24 semester hours of coursework
in the endorsement area and passage of the applicable
content area test, unless otherwise specified by rule.
(2) Educator License with Stipulations. An Educator
License with Stipulations shall be issued an endorsement
that limits the license holder to one particular position
or does not require completion of an approved educator
program or both.
An individual with an Educator License with
Stipulations must not be employed by a school district or
any other entity to replace any presently employed teacher

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who otherwise would not be replaced for any reason.
An Educator License with Stipulations may be issued
with the following endorsements:
(A) (Blank).
(B) Alternative provisional educator. An
alternative provisional educator endorsement on an
Educator License with Stipulations may be issued to an
applicant who, at the time of applying for the
endorsement, has done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a
bachelor's degree.
(ii) Successfully completed the first phase of
the Alternative Educator Licensure Program for
Teachers, as described in Section 21B-50 of this
Code.
(iii) Passed a content area test, as required
under Section 21B-30 of this Code.
The alternative provisional educator endorsement is
valid for 2 years of teaching and may be renewed for a
third year by an individual meeting the requirements set
forth in Section 21B-50 of this Code.
(C) Alternative provisional superintendent. An
alternative provisional superintendent endorsement on
an Educator License with Stipulations entitles the
holder to serve only as a superintendent or assistant

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superintendent in a school district's central office.
This endorsement may only be issued to an applicant
who, at the time of applying for the endorsement, has
done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a master's
degree in a management field other than education.
(ii) Been employed for a period of at least 5
years in a management level position in a field
other than education.
(iii) Successfully completed the first phase
of an alternative route to superintendent
endorsement program, as provided in Section 21B-55
of this Code.
(iv) Passed a content area test required under
Section 21B-30 of this Code.
The endorsement is valid for 2 fiscal years in
order to complete one full year of serving as a
superintendent or assistant superintendent.
(D) (Blank).
(E) Career and technical educator. A career and
technical educator endorsement on an Educator License
with Stipulations may be issued to an applicant who has
a minimum of 60 semester hours of coursework from a
regionally accredited institution of higher education
or an accredited trade and technical institution and

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has a minimum of 2,000 hours of experience outside of
education in each area to be taught.
The career and technical educator endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed.
An individual who holds a valid career and
technical educator endorsement on an Educator License
with Stipulations but does not hold a bachelor's degree
may substitute teach in career and technical education
classrooms.
(F) Part-time provisional career and technical
educator or provisional career and technical educator.
A part-time provisional career and technical educator
endorsement or a provisional career and technical
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who has a
minimum of 8,000 hours of work experience in the skill
for which the applicant is seeking the endorsement. It
is the responsibility of each employing school board
and regional office of education to provide
verification, in writing, to the State Superintendent
of Education at the time the application is submitted
that no qualified teacher holding a Professional
Educator License or an Educator License with
Stipulations with a career and technical educator

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endorsement is available and that actual circumstances
require such issuance.
The provisional career and technical educator
endorsement on an Educator License with Stipulations
is valid until June 30 immediately following 5 years of
the endorsement being issued and may be renewed for 5
years.
A part-time provisional career and technical
educator endorsement on an Educator License with
Stipulations may be issued for teaching no more than 2
courses of study for grades 6 through 12. The part-time
provisional career and technical educator endorsement
on an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed for 5 years
if the individual makes application for renewal.
An individual who holds a provisional or part-time
provisional career and technical educator endorsement
on an Educator License with Stipulations but does not
hold a bachelor's degree may substitute teach in career
and technical education classrooms.
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for
the purpose of providing instruction in accordance
with Article 14C of this Code to an applicant who

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provides satisfactory evidence that he or she meets all
of the following requirements:
(i) Possesses adequate speaking, reading, and
writing ability in the language other than English
in which transitional bilingual education is
offered.
(ii) Has the ability to successfully
communicate in English.
(iii) Either possessed, within 5 years
previous to his or her applying for a transitional
bilingual educator endorsement, a valid and
comparable teaching certificate or comparable
authorization issued by a foreign country or holds
a degree from an institution of higher learning in
a foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
A transitional bilingual educator endorsement
shall be valid for prekindergarten through grade 12, is
valid until June 30 immediately following 5 years of
the endorsement being issued, and shall not be renewed.
Persons holding a transitional bilingual educator
endorsement shall not be employed to replace any
presently employed teacher who otherwise would not be

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replaced for any reason.
(H) Language endorsement. In an effort to
alleviate the shortage of teachers speaking a language
other than English in the public schools, an individual
who holds an Educator License with Stipulations may
also apply for a language endorsement, provided that
the applicant provides satisfactory evidence that he
or she meets all of the following requirements:
(i) Holds a transitional bilingual
endorsement.
(ii) Has demonstrated proficiency in the
language for which the endorsement is to be issued
by passing the applicable language content test
required by the State Board of Education.
(iii) Holds a bachelor's degree or higher from
a regionally accredited institution of higher
education or, for individuals educated in a
country other than the United States, holds a
degree from an institution of higher learning in a
foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
(iv) (Blank).
A language endorsement on an Educator License with

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Stipulations is valid for prekindergarten through
grade 12 for the same validity period as the
individual's transitional bilingual educator
endorsement on the Educator License with Stipulations
and shall not be renewed.
(I) Visiting international educator. A visiting
international educator endorsement on an Educator
License with Stipulations may be issued to an
individual who is being recruited by a particular
school district that conducts formal recruitment
programs outside of the United States to secure the
services of qualified teachers and who meets all of the
following requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree issued in the United States.
(ii) Has been prepared as a teacher at the
grade level for which he or she will be employed.
(iii) Has adequate content knowledge in the
subject to be taught.
(iv) Has an adequate command of the English
language.
A holder of a visiting international educator
endorsement on an Educator License with Stipulations
shall be permitted to teach in bilingual education
programs in the language that was the medium of
instruction in his or her teacher preparation program,

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provided that he or she passes the English Language
Proficiency Examination or another test of writing
skills in English identified by the State Board of
Education, in consultation with the State Educator
Preparation and Licensure Board.
A visiting international educator endorsement on
an Educator License with Stipulations is valid for 5
years and shall not be renewed.
(J) Paraprofessional educator. A paraprofessional
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who holds a
high school diploma or its recognized equivalent and
either holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education or has passed a
paraprofessional competency test under subsection
(c-5) of Section 21B-30. The paraprofessional educator
endorsement is valid until June 30 immediately
following 5 years of the endorsement being issued and
may be renewed through application and payment of the
appropriate fee, as required under Section 21B-40 of
this Code. An individual who holds only a
paraprofessional educator endorsement is not subject
to additional requirements in order to renew the
endorsement.
(K) Chief school business official. A chief school

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business official endorsement on an Educator License
with Stipulations may be issued to an applicant who
qualifies by having a master's degree or higher, 2
years of full-time administrative experience in school
business management or 2 years of university-approved
practical experience, and a minimum of 24 semester
hours of graduate credit in a program approved by the
State Board of Education for the preparation of school
business administrators and by passage of the
applicable State tests, including an applicable
content area test.
The chief school business official endorsement may
also be affixed to the Educator License with
Stipulations of any holder who qualifies by having a
master's degree in business administration, finance,
accounting, or public administration and who completes
an additional 6 semester hours of internship in school
business management from a regionally accredited
institution of higher education and passes the
applicable State tests, including an applicable
content area test. This endorsement shall be required
for any individual employed as a chief school business
official.
The chief school business official endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the

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endorsement being issued and may be renewed if the
license holder completes renewal requirements as
required for individuals who hold a Professional
Educator License endorsed for chief school business
official under Section 21B-45 of this Code and such
rules as may be adopted by the State Board of
Education.
The State Board of Education shall adopt any rules
necessary to implement Public Act 100-288.
(L) Provisional in-state educator. A provisional
in-state educator endorsement on an Educator License
with Stipulations may be issued to a candidate who has
completed an Illinois-approved educator preparation
program at an Illinois institution of higher education
and who has not successfully completed an
evidence-based assessment of teacher effectiveness but
who meets all of the following requirements:
(i) Holds at least a bachelor's degree.
(ii) Has completed an approved educator
preparation program at an Illinois institution.
(iii) Has passed an applicable content area
test, as required by Section 21B-30 of this Code.
(iv) Has attempted an evidence-based
assessment of teacher effectiveness and received a
minimum score on that assessment, as established
by the State Board of Education in consultation

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with the State Educator Preparation and Licensure
Board.
A provisional in-state educator endorsement on an
Educator License with Stipulations is valid for one
full fiscal year after the date of issuance and may not
be renewed.
(M) (Blank).
(N) Specialized services. A specialized services
endorsement on an Educator License with Stipulations
may be issued as defined and specified by rule.
(3) Substitute Teaching License. A Substitute Teaching
License may be issued to qualified applicants for
substitute teaching in all grades of the public schools,
prekindergarten through grade 12. Substitute Teaching
Licenses are not eligible for endorsements. Applicants for
a Substitute Teaching License must hold a bachelor's degree
or higher from a regionally accredited institution of
higher education.
Substitute Teaching Licenses are valid for 5 years.
Substitute Teaching Licenses are valid for substitute
teaching in every county of this State. If an individual
has had his or her Professional Educator License or
Educator License with Stipulations suspended or revoked,
then that individual is not eligible to obtain a Substitute
Teaching License.
A substitute teacher may only teach in the place of a

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licensed teacher who is under contract with the employing
board. If, however, there is no licensed teacher under
contract because of an emergency situation, then a district
may employ a substitute teacher for no longer than 30
calendar days per each vacant position in the district if
the district notifies the appropriate regional office of
education within 5 business days after the employment of
the substitute teacher in the emergency situation. An
emergency situation is one in which an unforeseen vacancy
has occurred and (i) a teacher is unable to fulfill his or
her contractual duties or (ii) teacher capacity needs of
the district exceed previous indications, and the district
is actively engaged in advertising to hire a fully licensed
teacher for the vacant position.
There is no limit on the number of days that a
substitute teacher may teach in a single school district,
provided that no substitute teacher may teach for longer
than 90 school days for any one licensed teacher under
contract in the same school year. A substitute teacher who
holds a Professional Educator License or Educator License
with Stipulations shall not teach for more than 120 school
days for any one licensed teacher under contract in the
same school year. The limitations in this paragraph (3) on
the number of days a substitute teacher may be employed do
not apply to any school district operating under Article 34
of this Code.

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A school district may not require an individual who
holds a valid Professional Educator License or Educator
License with Stipulations to seek or hold a Substitute
Teaching License to teach as a substitute teacher.
(4) Short-Term Substitute Teaching License. Beginning
on July 1, 2018 and until June 30, 2023, the State Board of
Education may issue a Short-Term Substitute Teaching
License. A Short-Term Substitute Teaching License may be
issued to a qualified applicant for substitute teaching in
all grades of the public schools, prekindergarten through
grade 12. Short-Term Substitute Teaching Licenses are not
eligible for endorsements. Applicants for a Short-Term
Substitute Teaching License must hold an associate's
degree or have completed at least 60 credit hours from a
regionally accredited institution of higher education.
Short-Term Substitute Teaching Licenses are valid for
substitute teaching in every county of this State. If an
individual has had his or her Professional Educator License
or Educator License with Stipulations suspended or
revoked, then that individual is not eligible to obtain a
Short-Term Substitute Teaching License.
The provisions of Sections 10-21.9 and 34-18.5 of this
Code apply to short-term substitute teachers.
An individual holding a Short-Term Substitute Teaching
License may teach no more than 5 consecutive days per
licensed teacher who is under contract. For teacher

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absences lasting 6 or more days per licensed teacher who is
under contract, a school district may not hire an
individual holding a Short-Term Substitute Teaching
License. An individual holding a Short-Term Substitute
Teaching License must complete the training program under
Section 10-20.67 or 34-18.60 of this Code to be eligible to
teach at a public school. This paragraph (4) is inoperative
on and after July 1, 2023.
(Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; 100-288,
eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. 9-3-18;
100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff.
8-7-19; 101-594, eff. 12-5-19; 101-643, eff. 6-18-20.)
(105 ILCS 5/21B-35)
Sec. 21B-35. Minimum requirements for educators trained in
other states or countries.
(a) Any applicant who has not been entitled by an
Illinois-approved educator preparation program at an Illinois
institution of higher education applying for a Professional
Educator License endorsed in a teaching field or school support
personnel area must meet the following requirements:
(1) the applicant must:
(A) hold a comparable and valid educator license or
certificate, as defined by rule, with similar grade
level and content area credentials from another state,
with the State Board of Education having the authority

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to determine what constitutes similar grade level and
content area credentials from another state;
(B) have a bachelor's degree from a regionally
accredited institution of higher education; and
(C) have demonstrated proficiency in the English
language by either passing the English language
proficiency test required by the State Board of
Education or providing evidence of completing a
postsecondary degree at an institution in which the
mode of instruction was English; or
(2) the applicant must:
(A) have completed a state-approved program for
the licensure area sought, including coursework
concerning methods of instruction of the exceptional
child, methods of reading and reading in the content
area, and instructional strategies for English
learners, and, beginning on July 1, 2024, have
completed and received explicit and repeated
instruction in each of the 5 essential components of
reading, which are phonemic awareness, phonics,
fluency, comprehension, and vocabulary;
(B) have a bachelor's degree from a regionally
accredited institution of higher education;
(C) have successfully met all Illinois examination
requirements, except that:
(i) (blank);

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(ii) an applicant who has successfully
completed a test of content, as defined by rules,
at the time of initial licensure in another state
is not required to complete a test of content; and
(iii) an applicant for a teaching endorsement
who has successfully completed an evidence-based
assessment of teacher effectiveness, as defined by
rules, at the time of initial licensure in another
state is not required to complete an
evidence-based assessment of teacher
effectiveness; and
(D) for an applicant for a teaching endorsement,
have completed student teaching or an equivalent
experience or, for an applicant for a school service
personnel endorsement, have completed an internship or
an equivalent experience.
(b) In order to receive a Professional Educator License
endorsed in a teaching field or school support personnel area,
applicants trained in another country must meet all of the
following requirements:
(1) Have completed a comparable education program in
another country.
(2) Have had transcripts evaluated by an evaluation
service approved by the State Superintendent of Education.
(3) Have a degree comparable to a degree from a
regionally accredited institution of higher education.

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(4) Have completed coursework aligned to standards
concerning methods of instruction of the exceptional
child, methods of reading and reading in the content area,
and instructional strategies for English learners.
(5) (Blank).
(6) (Blank).
(7) Have successfully met all State licensure
examination requirements. Applicants who have successfully
completed a test of content, as defined by rules, at the
time of initial licensure in another country shall not be
required to complete a test of content. Applicants for a
teaching endorsement who have successfully completed an
evidence-based assessment of teacher effectiveness, as
defined by rules, at the time of initial licensure in
another country shall not be required to complete an
evidence-based assessment of teacher effectiveness.
(8) Have completed student teaching or an equivalent
experience.
(9) Have demonstrated proficiency in the English
language by either passing the English language
proficiency test required by the State Board of Education
or providing evidence of completing a postsecondary degree
at an institution in which the mode of instruction was
English.
(b-5) All applicants who have not been entitled by an
Illinois-approved educator preparation program at an Illinois

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institution of higher education and applicants trained in
another country applying for a Professional Educator License
endorsed for principal or superintendent must hold a master's
degree from a regionally accredited institution of higher
education, pass the English language proficiency test required
by the State Board of Education, and hold a comparable and
valid educator license or certificate with similar grade level
and subject matter credentials, with the State Board of
Education having the authority to determine what constitutes
similar grade level and subject matter credentials from another
state, or must meet all of the following requirements:
(1) Have completed an educator preparation program
approved by another state or comparable educator program in
another country leading to the receipt of a license or
certificate for the Illinois endorsement sought.
(2) Have successfully met all State licensure
examination requirements, as required by Section 21B-30 of
this Code. Applicants who have successfully completed a
test of content, as defined by rules, at the time of
initial licensure in another state or country shall not be
required to complete a test of content.
(2.5) Have completed an internship, as defined by rule.
(3) (Blank).
(4) Have completed coursework aligned to standards
concerning methods of instruction of the exceptional
child, methods of reading and reading in the content area,

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and instructional strategies for English learners and,
beginning on July 1, 2024, have completed and received
explicit and repeated instruction in each of the 5
essential components of reading, which are phonemic
awareness, phonics, fluency, comprehension, and
vocabulary.
(4.5) Have demonstrated proficiency in the English
language by either passing the English language
proficiency test required by the State Board of Education
or providing evidence of completing a postsecondary degree
at an institution in which the mode of instruction was
English.
(5) Have completed a master's degree.
(6) Have successfully completed teaching, school
support, or administrative experience as defined by rule.
(b-7) All applicants who have not been entitled by an
Illinois-approved educator preparation program at an Illinois
institution of higher education applying for a Professional
Educator License endorsed for Director of Special Education
must hold a master's degree from a regionally accredited
institution of higher education and must hold a comparable and
valid educator license or certificate with similar grade level
and subject matter credentials, with the State Board of
Education having the authority to determine what constitutes
similar grade level and subject matter credentials from another
state, or must meet all of the following requirements:

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(1) Have completed a master's degree.
(2) Have 2 years of full-time experience providing
special education services.
(3) Have successfully completed all examination
requirements, as required by Section 21B-30 of this Code.
Applicants who have successfully completed a test of
content, as identified by rules, at the time of initial
licensure in another state or country shall not be required
to complete a test of content.
(4) Have completed coursework aligned to standards
concerning methods of instruction of the exceptional
child, methods of reading and reading in the content area,
and instructional strategies for English learners.
(b-10) All applicants who have not been entitled by an
Illinois-approved educator preparation program at an Illinois
institution of higher education applying for a Professional
Educator License endorsed for chief school business official
must hold a master's degree from a regionally accredited
institution of higher education and must hold a comparable and
valid educator license or certificate with similar grade level
and subject matter credentials, with the State Board of
Education having the authority to determine what constitutes
similar grade level and subject matter credentials from another
state, or must meet all of the following requirements:
(1) Have completed a master's degree in school business
management, finance, or accounting.

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(2) Have successfully completed an internship in
school business management or have 2 years of experience as
a school business administrator.
(3) Have successfully met all State examination
requirements, as required by Section 21B-30 of this Code.
Applicants who have successfully completed a test of
content, as identified by rules, at the time of initial
licensure in another state or country shall not be required
to complete a test of content.
(4) Have completed modules aligned to standards
concerning methods of instruction of the exceptional
child, methods of reading and reading in the content area,
and instructional strategies for English learners and,
beginning on July 1, 2024, have completed and received
explicit and repeated instruction in each of the 5
essential components of reading, which are phonemic
awareness, phonics, fluency, comprehension, and
vocabulary.
(c) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to implement this Section.
(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18;
100-596, eff. 7-1-18; 101-220, eff. 8-7-19; 101-643, eff.
6-18-20.)
(105 ILCS 5/34-18.51)

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Sec. 34-18.51. Committee on the retention of students.
(a) The board may create a committee on the retention of
students. The committee shall consist of the general
superintendent of schools or his or her designee, a district
administrator who directs student instruction and curriculum,
a principal from a school of the district, and a teacher from a
school of the district.
(b) Prior to retention in a grade, a school may submit, by
a date as set by the committee on the retention of students,
the names of all students determined by the school to not
qualify for promotion to the next higher grade and the reason
for that determination. Subject to Section 34-18.51a, the The
committee shall review the school's decision to retain with
respect to each student and shall make a final decision
regarding whether or not to retain a particular student. The
committee shall take into consideration the relevant data and
evidence gathered during the Response to Intervention process.
The committee may vote to overturn a retention decision if the
committee determines that the student should be promoted after
examining the student's access to remedial assistance,
performance, attendance, and participation and the resources
and facilities provided by the school district or due to the
student having an undiagnosed learning disability.
(Source: P.A. 99-592, eff. 7-22-16; 100-201, eff. 8-18-17.)
(105 ILCS 5/34-18.51a new)

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Sec. 34-18.51a. Reading and math intervention and support.
(a) The board must notify, in writing, the parent or
guardian of a student in any of grades kindergarten through 3
who exhibits a deficiency in reading or math skills at any time
during the school year no later than 30 days after the
identification of the deficiency in reading or math. The
written notification provided to the parent or guardian of the
student must include all of the following:
(1) Notification that the student has been identified
as having a deficiency in reading or math and that
additional support will be provided to the student.
(2) A description of the current services that are
provided to the student.
(3) A description of the proposed evidence-based
reading or math intervention services and supplemental
instructional services and support that will be provided to
the student and that are designed to remedy the identified
areas of deficiency in reading or math.
(4) Notification that the parent or guardian will be
informed in writing of the student's progress toward
grade-level reading or math with each progress report or
report card.
(5) Strategies for the parent or guardian to use at
home to help the student succeed in reading or math.
(6) Notification that if the student's deficiency in
reading or math is not corrected by the end of grade 3, the

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school will provide the student with intensive
intervention and progress monitoring if the student is
promoted to grade 4.
(b) Beginning with the 2022-2023 school year, the school
district must provide to any student retained in a grade
intensive reading or math intervention to remedy the student's
specific deficiency in reading or math. The reading or math
intervention services must include effective instructional
strategies to accelerate student progress. The school district
may provide any of the following services to the retained
student:
(1) A highly effective teacher of reading or math, as
demonstrated by student reading or math performance data
and teacher performance evaluations.
(2) The use of reading or math intervention services
and support to correct the identified areas of deficiency
in reading or math, which include, but are not limited to:
(A) dedicating more time than in the previous
school year to providing to the student evidence-based
reading or math instruction and intervention;
(B) using reading or math strategies or programs
that are evidence-based and have proven results for
accelerating student reading or math achievement
within the same school year;
(C) daily targeted small group reading or math
intervention based on student needs;

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(D) explicit and systematic instruction with more
detailed explanations, more extensive opportunities
for guided practice, and more opportunities for error
correction and feedback; and
(E) frequent monitoring of the reading or math
progress of the student's reading or math skills
throughout the school year and the adjustment of
instruction according to the student's needs.
(3) Before-school or after-school supplemental
evidence-based reading or math intervention delivered by a
teacher or tutor with specialized training in reading or
math instruction.
(4) An at-home plan outlined in a parental contract
that includes participation in parent-training workshops
or regular parent-guided reading or math activities.
(c) On or before October 1 of each year, the board must
report, in writing, to the State Board of Education all of the
following information for the prior school year, by grade and
disaggregated by demographic group if applicable:
(1) The board's policies and procedures on student
grade-level retention and promotion.
(2) The number of students who were administered a
universal screener, as defined in Section 34-18.67, during
the school year.
(3) The number of students who were administered a
Level I dyslexia screening, as defined in Section 34-18.67.

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(4) The total number of students identified as having
the characteristics of dyslexia during that school year.
(5) The number of students receiving reading or math
intervention services, including those receiving dyslexia
intervention services, under this Section.
(6) The number and percentage of all students in
kindergarten through grade 3 performing below grade level
on local and statewide assessments.
(7) By grade and disaggregated by demographic group,
the number and percentage of all students retained in
kindergarten through grade 3.
(d) The State Board of Education shall provide technical
assistance to aid the board in implementing this Section.
(105 ILCS 5/34-18.67 new)
Sec. 34-18.67. Dyslexia screening and support.
(a) In this Section:
"Level I dyslexia screening" means a process, as determined
by the school district, for gathering additional information to
determine if the characteristics of dyslexia are present.
"Universal screener" means an assessment used to aid
educators in understanding the causes for student performance,
learning strengths, and the needs that underlie student
performance. The assessment is conducted with all students at a
particular grade level.
(b) Beginning with the 2022-2023 school year, the school

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district must screen students in the first and second grades
for the risk factors of dyslexia using a universal screener
appropriately designed for the educational context. Following
the administration of the universal screener, if a student is
determined to be at risk or at some risk for dyslexia, the
school district must administer a Level I dyslexia screening of
the student. Through the Level I dyslexia screening, the school
district must gather additional information to determine if the
student has the characteristics of dyslexia. The additional
information may include, but is not limited to, information
from progress monitoring data, work samples, additional age and
grade-appropriate assessments related to dyslexia, teacher
questionnaires, parent interviews, and speech and language
assessments and information regarding the student's family
history related to dyslexia.
(c) If the universal screener or the Level I dyslexia
screening indicates that a student has some risk factors for
dyslexia or the characteristics of dyslexia, the school must
use a multi-tiered system of support (MTSS) framework to
address the needs of the student. The school district is not
required to administer a Level I dyslexia screening to a
student if the student is receiving dyslexia intervention
services. If a student's performance on a Level I dyslexia
screening indicates a need for dyslexia intervention services,
the school district must notify the student's parent or
guardian of the results of all screenings and provide to the

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parent or guardian, in addition to the information contained in
the handbook developed under Section 2-3.161, all of the
following information and resource material:
(1) The characteristics of dyslexia.
(2) The appropriate classroom interventions and
accommodations for students with dyslexia.
(3) A statement that the parent or guardian may elect
to have the student receive an educational evaluation by
the school.
(d) If the student's Level I dyslexia screening indicates
that the student has the characteristics of dyslexia, the
intervention services provided to the student pursuant to
Section 34-18.51a must be implemented using diagnostic
teaching guidelines described in the handbook developed under
Section 2-3.161.
(105 ILCS 5/34-18.68 new)
Sec. 34-18.68. Evidence-based reading instruction. By no
later than the beginning of the 2023-2024 school year, the
board shall develop a plan to ensure that within 3 school years
all classroom teachers, resource teachers, and reading
interventionists who work with students in grades kindergarten
through 3 receive professional development, in-service
training, or coaching in evidence-based reading instruction
that has a focus on reading competency in the areas of phonemic
awareness.

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A teacher who provides satisfactory evidence to the board
that he or she has previously received explicit and repeated
instruction in each of the 5 essential components of reading,
which are phonemic awareness, phonics, fluency, comprehension,
and vocabulary, through an educator preparation program or
other accredited training program is exempt from the
requirements of this Section.
(105 ILCS 5/34-18.69 new)
Sec. 34-18.69. Early reading instruction. The school
district shall provide students with instructional programming
and services necessary to ensure, to the greatest extent
possible, that as a student progresses from kindergarten
through grade 3, the student develops the necessary reading
skills to enable him or her to master the academic standards
and expectations applicable to grade 4 and higher grade levels.
The instructional programming and services for teaching
students to read must be evidence-based and must focus on
reading competency in the areas of phonemic awareness, phonics,
vocabulary development, fluency, and comprehension.
Article 35.
Section 35-1. Short title. This Article may be cited as the
Infant/Early Childhood Mental Health Consultations Act.
References in this Article to "this Act" mean this Article.

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Section 35-5. Findings; policies.
(a) The General Assembly finds the following:
(1) Social and emotional development is a core
developmental domain in young children and is codified in
the Illinois Early Learning Standards.
(2) Fostering social and emotional development in
early childhood means both providing the supportive
settings and interactions to maximize healthy social and
emotional development for all children, as well as
providing communities, programs, and providers with
systems of tiered supports with training to respond to more
significant social and emotional challenges or where
experiences of trauma may be more prevalent.
(3) Early care and education programs and providers,
across a range of settings, have an important role to play
in supporting young children and families, especially
those who face greater challenges, such as trauma exposure,
social isolation, pervasive poverty, and toxic stress; if
programs, teaching staff, caregivers, and providers are
not provided with the support, services, and training
needed to accomplish these goals, it can lead to children
and families being asked to leave programs, particularly
without connection to more appropriate services, thereby
creating a disruption in learning and social-emotional
development; investments in reflective supervision,

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professional development specific to diversity, equity and
inclusion practice, culturally responsive training,
implicit bias training, and how trauma experienced during
the early years can manifest in challenging behaviors will
create systems for serving children that are informed in
developmentally appropriate and responsive supports.
(4) Studies have shown that the expulsion of infants,
toddlers, and young children in early care and education
settings is occurring at alarmingly high rates, more than 3
times that of students in K-12; further, expulsion occurs
more frequently for Black children and Latinx children and
more frequently for boys than for girls, with Black boys
being most frequently expelled; there is evidence to show
that the expulsion of Black girls is occurring with
increasing frequency.
(5) Illinois took its first steps toward addressing
this disparity through Public Act 100-105 to prohibit
expulsion due to child behavior in early care and education
settings, but further work is needed to implement this law,
including strengthening provider understanding of a
successful transition and beginning to identify strategies
to reduce "soft expulsions" and to ensure more young
children and their teachers, providers, and caregivers, in
a range of early care and education settings, can benefit
from services, such as Infant/Early Childhood Mental
Health Consultations (I/ECMHC) and positive behavior

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interventions and supports such as the Pyramid Model.
(6) I/ECMHC is a critical component needed to align
social-emotional well-being with the public health model
of promotion, prevention, and intervention across early
care and education systems.
(b) The General Assembly encourages that all of the
following actions be taken by:
(1) the State to increase the availability of
Infant/Early Childhood Mental Health Consultations
(I/ECMHC) through increased funding in early childhood
programs and sustainable funding for coordination of
I/ECMHC and other social and emotional support at the State
level;
(2) the Department of Human Services (IDHS), the
Illinois State Board of Education (ISBE), the Governor's
Office of Early Childhood Development (GOECD), and other
relevant agencies to develop and promote
provider-accessible and parent-accessible materials on the
role and value of I/ECMHC, including targeted promotion in
underserved communities, and promote the use of existing
I/ECMHCs, the I/ECMHC consultant database, or other
existing services;
(3) the State to increase funding to promote and
provide training and implementation support for systems of
tiered support, such as the Pyramid Model, across early
childhood settings and urge DHS, ISBE, GOECD, and other

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relevant State agencies to coordinate efforts and develop
strategies to provide outreach to and support providers in
underserved communities and communities with fewer
programmatic resources; and
(4) ISBE and DCFS to provide the data required by
Public Act 100-105, even if the data is incomplete at the
time due to data system challenges.
Article 40.
Section 40-5. The Illinois Public Aid Code is amended by
adding Section 5-39 as follows:
(305 ILCS 5/5-39 new)
Sec. 5-39. Behavioral health services for children;
diagnostic assessment system. Beginning on July 1, 2022, if it
is necessary to provide a diagnostic code for behavioral health
services for children ages 5 and under, providers shall utilize
a developmentally appropriate and age-appropriate diagnostic
assessment system, such as the Diagnostic Classification of
Mental Health and Developmental Disorders of Infancy and Early
Childhood-Revised (DC:0-5), for diagnosis and treatment
planning. If necessary for billing purposes, the provider,
managed care organization, or Department shall utilize the
existing crosswalk tool to convert the developmentally
appropriate and age-appropriate diagnosis code to the relevant

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code available in the State system.
By no later than July 1, 2021, the Department shall make
recommendations to the General Assembly on the resources needed
to integrate developmentally appropriate and age-appropriate
diagnostic codes into the State system. The Department shall
have in place all necessary resources needed to integrate
developmentally appropriate and age-appropriate diagnostic
codes by no later than January 1, 2023.
Article 45.
Section 45-1. Short title. This Article may be cited as the
Early Childhood Workforce Act. References in this Article to
"this Act" mean this Article.
Section 45-5. Findings; policies.
(a) The General Assembly finds the following:
(1) Research shows that early childhood teacher
effectiveness is a predictor for positive developmental
and academic outcomes for children.
(2) The work of early childhood educators is
sophisticated and central to the healthy learning and
development of young children and takes place in a range of
settings, including schools, community-based centers, and
homes.
(3) It is critically important for children's outcomes

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to have educators that reflect the diversity of the
families and communities they serve.
(4) The early childhood workforce is more racially
diverse than the K-12 workforce, and its members hold
degrees, have earned credentials, and have years of
experience in the field.
(5) The early childhood workforce, particularly those
working in community-based settings and those working with
infants and toddlers, often are not paid wages aligned to
the sophistication of their work and level of education.
(6) All regions and settings have difficulty finding
qualified teachers.
(7) A disproportionate number of Black and Latinx women
serve in essential, frontline positions but are
underrepresented as lead teachers and in program
leadership where credentials and degrees are required.
(8) The early childhood workforce faces multiple
barriers to additional credential and degree attainment
that lead to career advancement and higher levels of
compensation.
(b) The General Assembly encourages all of the following:
(1) The Department of Human Services to undertake an
analysis of teacher data in the Gateways Registry to
determine those individuals who are close to their next
credential or degree, including information where
available in the Registry such as their geographic

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location, demographics, work setting, and age groups of
children for whom they are responsible.
(2) The Department of Human Services to conduct
outreach and provide targeted coaching and access to
financial supports, including, but not limited to,
scholarships and debt relief, in a way that prioritizes
increasing the diversity of the teacher pipeline, regions
of the State with the highest need, and children in age
groups with the greatest teacher shortages.
(3) The State Board of Education to provide additional
financial support to candidates and provide this support to
all candidates regardless of the setting in which they work
and the credentials they are currently seeking,
prioritizing those by greatest need in the early childhood
field.
(4) The Department of Human Services to provide annual
reports on who receives these and other scholarships or
other financial support administered by the Department or
the State Board of Education by geographic location,
demographics, work setting, age groups of children served,
and credential/degree attainment as available.
(5) The Board of Higher Education, in the course of
their strategic planning process, to review the barriers
experienced by the early childhood workforce and by
teachers of color, in particular in accessing and
completing the needed coursework to attain additional

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credentials and degrees, and to recommend policy or
practice changes to better meet the needs of this
workforce, which is largely comprised of non-traditional
students and women of color.
(6) The State Board of Education and the Department of
Human Services to prioritize reducing compensation
disparities between the early childhood workforce and
their K-12 counterparts and disparities within the early
childhood workforce between setting and age groups in which
they work, as funding becomes available.
Article 50.
Section 50-5. The School Code is amended by adding Section
2-3.183 and by changing Section 27-22 as follows:
(105 ILCS 5/2-3.183 new)
Sec. 2-3.183. Review of university admission coursework.
(a) On or before February 1, 2021 and each February 1
thereafter, the State Board of Education and the Board of
Higher Education shall jointly compile a review that
identifies, for each public university in this State, the
courses the university requires or recommends a high school
student take to be admitted to the university as an
undergraduate student. The review shall also include any
additional coursework requirements or recommendations for

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undergraduate admission into a specific academic major,
college, or department of the university. The courses that are
identified in the review as recommended must include, at a
minimum, those courses that the university describes in its
promotional materials as being recommended.
(b) The State Board of Education shall make the review
compiled under subsection (a) available to the public on its
Internet website.
(c) To ensure that a public high school student is not
excluded from enrolling in a public university in this State
because of a lack of access to required or recommended
coursework, every public high school must provide access to
each course identified in the review compiled under subsection
(a) to any of its students who request to enroll in the course.
If the high school is unable to offer the course through the
school district, the high school must find an alternative way
to offer the course to the student, which may include
partnering with another school district, a community college
district, or some other course provider, and the student's
school district shall cover any portion of the cost of the
course that is not covered by State or other public or private
funding.
(d) To ensure that every public high school student
understands the course expectations for admission into a public
university in this State, a school district must make available
to students in grades 8 through 12 and their parents or

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guardians the review compiled under subsection (a) before the
student's course schedule is finalized for the student's
particular grade level.
(e) The State Board of Education may adopt any rules
necessary to implement this Section.
(105 ILCS 5/27-22) (from Ch. 122, par. 27-22)
Sec. 27-22. Required high school courses.
(a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) Through the 2023-2024 school year, as As a prerequisite
to receiving a high school diploma, each pupil entering the 9th
grade must, in addition to other course requirements,
successfully complete all of the following courses:
(1) Four years of language arts.
(2) Two years of writing intensive courses, one of
which must be English and the other of which may be English
or any other subject. When applicable, writing-intensive
courses may be counted towards the fulfillment of other
graduation requirements.
(3) Three years of mathematics, one of which must be
Algebra I, one of which must include geometry content, and
one of which may be an Advanced Placement computer science
course. A mathematics course that includes geometry

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content may be offered as an integrated, applied,
interdisciplinary, or career and technical education
course that prepares a student for a career readiness path.
(4) Two years of science.
(5) Two years of social studies, of which at least one
year must be history of the United States or a combination
of history of the United States and American government
and, beginning with pupils entering the 9th grade in the
2016-2017 school year and each school year thereafter, at
least one semester must be civics, which shall help young
people acquire and learn to use the skills, knowledge, and
attitudes that will prepare them to be competent and
responsible citizens throughout their lives. Civics course
content shall focus on government institutions, the
discussion of current and controversial issues, service
learning, and simulations of the democratic process.
School districts may utilize private funding available for
the purposes of offering civics education.
(6) One year chosen from (A) music, (B) art, (C)
foreign language, which shall be deemed to include American
Sign Language, or (D) vocational education.
(e-5) Beginning with the 2024-2025 school year, as a
prerequisite to receiving a high school diploma, each pupil
entering the 9th grade must, in addition to other course
requirements, successfully complete all of the following
courses:

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(1) Four years of language arts.
(2) Two years of writing intensive courses, one of
which must be English and the other of which may be English
or any other subject. If applicable, writing-intensive
courses may be counted toward the fulfillment of other
graduation requirements.
(3) Three years of mathematics, one of which must be
Algebra I, one of which must include geometry content, and
one of which may be an Advanced Placement computer science
course. A mathematics course that includes geometry
content may be offered as an integrated, applied,
interdisciplinary, or career and technical education
course that prepares a student for a career readiness path.
(4) Two years of laboratory science.
(5) Two years of social studies, of which at least one
year must be history of the United States or a combination
of history of the United States and American government and
at least one semester must be civics, which shall help
young people acquire and learn to use the skills,
knowledge, and attitudes that will prepare them to be
competent and responsible citizens throughout their lives.
Civics course content shall focus on government
institutions, the discussion of current and controversial
issues, service learning, and simulations of the
democratic process. School districts may utilize private
funding available for the purposes of offering civics

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education.
(6) Two years of foreign language, which shall be
deemed to include American Sign Language.
(7) One year chosen from (A) music, (B) art, (C)
foreign language that is in addition to the 2 years under
paragraph (6), which shall be deemed to include American
Sign Language, or (D) vocational education.
(f) The State Board of Education shall develop and inform
school districts of standards for writing-intensive
coursework.
(f-5) If a school district offers an Advanced Placement
computer science course to high school students, then the
school board must designate that course as equivalent to a high
school mathematics course and must denote on the student's
transcript that the Advanced Placement computer science course
qualifies as a mathematics-based, quantitative course for
students in accordance with subdivision (3) of subsection (e)
of this Section.
(g) This amendatory Act of 1983 does not apply to pupils
entering the 9th grade in 1983-1984 school year and prior
school years or to students with disabilities whose course of
study is determined by an individualized education program.
This amendatory Act of the 94th General Assembly does not
apply to pupils entering the 9th grade in the 2004-2005 school
year or a prior school year or to students with disabilities
whose course of study is determined by an individualized

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education program.
This amendatory Act of the 101st General Assembly does not
apply to pupils entering the 9th grade in the 2023-2024 school
year or a prior school year or to students with disabilities
whose course of study is determined by an individualized
education program.
(h) The provisions of this Section are subject to the
provisions of Section 27-22.05 of this Code and the
Postsecondary and Workforce Readiness Act.
(i) The State Board of Education may adopt rules to modify
the requirements of this Section for any students enrolled in
grades 9 through 12 if the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act.
(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20;
101-643, eff. 6-18-20.)
Section 50-10. The Board of Higher Education Act is amended
by adding Section 9.40 as follows:
(110 ILCS 205/9.40 new)
Sec. 9.40. Review of university admission coursework.
(a) On or before February 1, 2021 and each February 1
thereafter, the State Board of Education and the Board of
Higher Education shall jointly compile a review as provided
under Section 2-3.183 of the School Code.

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(b) The Board of Higher Education may adopt any rules
necessary to implement this Section.
Article 55.
Section 55-5. The School Code is amended by adding Section
2-3.184 and by changing Section 18-8.15 as follows:
(105 ILCS 5/2-3.184 new)
Sec. 2-3.184. Approved anti-racism initiatives;
anti-racism investment funding.
(a) In this Section, "approved anti-racism initiatives"
means evidence-based or research-based practices approved by
the State Board of Education that are shown to reduce the gaps
and disparities experienced by African American students in
academic achievement and educational performance and includes
practices that have been shown to reduce disparities in
disciplinary rates, drop-out rates, graduation rates, college
matriculation rates, and college completion rates.
(b) No later than January 30, 2021, the State Board shall
create a list of approved anti-racism initiatives that may be
implemented by school districts to enhance the educational
performance of African American students. Approved anti-racism
initiatives may include, but are not limited to, all of the
following:
(1) A reduction in class sizes in grades kindergarten

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through 3.
(2) The implementation of culturally appropriate
curriculum and associated professional development.
(3) The implementation of project-based learning and
associated professional development.
(4) The implementation of a Universal Design for
Learning framework and associated professional
development.
(5) The implementation of research-based and on-going
professional development for school faculty,
administrators, and staff to identify and counter implicit
bias.
No later than January 30, 2021, the State Board shall make
the list available to school districts by posting the list on
the State Board's Internet website. No later than January 30th
of each year thereafter, the State Board shall update the list
and post the updated list on the State Board's Internet
website.
(c) Funding received by a school district pursuant to
subparagraph (Y) of paragraph (2) of subsection (b) of Section
18-8.15 of this Code shall be utilized for the implementation
of one or more approved anti-racism initiatives listed by the
State Board under subsection (b) of this Section. However, a
school district may utilize a specified amount of that funding
for a purpose other than to implement one or more of the
approved anti-racism initiatives if the school district, upon

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application, obtains written consent from the State Board to
utilize the specified amount for another purpose. The
application for consent shall be in such form as the State
Board prescribes. The State Board shall grant or deny consent
within 60 days after receipt of the application. The granting
or denial of consent shall be final, binding, and
non-appealable.
(d) For each school year in which a school district
receives funding pursuant to subparagraph (Y) of paragraph (2)
of subsection (b) of Section 18-8.15 of this Code, the school
district shall report to the State Board on how the school
district utilized all of the funding it received under
subparagraph (Y) of paragraph (2) of subsection (b) of Section
18-8.15 of this Code. The report shall be in such form as the
State Board prescribes on the State Board's website.
(105 ILCS 5/18-8.15)
Sec. 18-8.15. Evidence-Based Funding for student success
for the 2017-2018 and subsequent school years.
(a) General provisions.
(1) The purpose of this Section is to ensure that, by
June 30, 2027 and beyond, this State has a kindergarten
through grade 12 public education system with the capacity
to ensure the educational development of all persons to the
limits of their capacities in accordance with Section 1 of
Article X of the Constitution of the State of Illinois. To

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accomplish that objective, this Section creates a method of
funding public education that is evidence-based; is
sufficient to ensure every student receives a meaningful
opportunity to learn irrespective of race, ethnicity,
sexual orientation, gender, or community-income level; and
is sustainable and predictable. When fully funded under
this Section, every school shall have the resources, based
on what the evidence indicates is needed, to:
(A) provide all students with a high quality
education that offers the academic, enrichment, social
and emotional support, technical, and career-focused
programs that will allow them to become competitive
workers, responsible parents, productive citizens of
this State, and active members of our national
democracy;
(B) ensure all students receive the education they
need to graduate from high school with the skills
required to pursue post-secondary education and
training for a rewarding career;
(C) reduce, with a goal of eliminating, the
achievement gap between at-risk and non-at-risk
students by raising the performance of at-risk
students and not by reducing standards; and
(D) ensure this State satisfies its obligation to
assume the primary responsibility to fund public
education and simultaneously relieve the

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disproportionate burden placed on local property taxes
to fund schools.
(2) The Evidence-Based Funding formula under this
Section shall be applied to all Organizational Units in
this State. The Evidence-Based Funding formula outlined in
this Act is based on the formula outlined in Senate Bill 1
of the 100th General Assembly, as passed by both
legislative chambers. As further defined and described in
this Section, there are 4 major components of the
Evidence-Based Funding model:
(A) First, the model calculates a unique Adequacy
Target for each Organizational Unit in this State that
considers the costs to implement research-based
activities, the unit's student demographics, and
regional wage differences.
(B) Second, the model calculates each
Organizational Unit's Local Capacity, or the amount
each Organizational Unit is assumed to contribute
toward its Adequacy Target from local resources.
(C) Third, the model calculates how much funding
the State currently contributes to the Organizational
Unit and adds that to the unit's Local Capacity to
determine the unit's overall current adequacy of
funding.
(D) Finally, the model's distribution method
allocates new State funding to those Organizational

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Units that are least well-funded, considering both
Local Capacity and State funding, in relation to their
Adequacy Target.
(3) An Organizational Unit receiving any funding under
this Section may apply those funds to any fund so received
for which that Organizational Unit is authorized to make
expenditures by law.
(4) As used in this Section, the following terms shall
have the meanings ascribed in this paragraph (4):
"Adequacy Target" is defined in paragraph (1) of
subsection (b) of this Section.
"Adjusted EAV" is defined in paragraph (4) of
subsection (d) of this Section.
"Adjusted Local Capacity Target" is defined in
paragraph (3) of subsection (c) of this Section.
"Adjusted Operating Tax Rate" means a tax rate for all
Organizational Units, for which the State Superintendent
shall calculate and subtract for the Operating Tax Rate a
transportation rate based on total expenses for
transportation services under this Code, as reported on the
most recent Annual Financial Report in Pupil
Transportation Services, function 2550 in both the
Education and Transportation funds and functions 4110 and
4120 in the Transportation fund, less any corresponding
fiscal year State of Illinois scheduled payments excluding
net adjustments for prior years for regular, vocational, or

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special education transportation reimbursement pursuant to
Section 29-5 or subsection (b) of Section 14-13.01 of this
Code divided by the Adjusted EAV. If an Organizational
Unit's corresponding fiscal year State of Illinois
scheduled payments excluding net adjustments for prior
years for regular, vocational, or special education
transportation reimbursement pursuant to Section 29-5 or
subsection (b) of Section 14-13.01 of this Code exceed the
total transportation expenses, as defined in this
paragraph, no transportation rate shall be subtracted from
the Operating Tax Rate.
"Allocation Rate" is defined in paragraph (3) of
subsection (g) of this Section.
"Alternative School" means a public school that is
created and operated by a regional superintendent of
schools and approved by the State Board.
"Applicable Tax Rate" is defined in paragraph (1) of
subsection (d) of this Section.
"Assessment" means any of those benchmark, progress
monitoring, formative, diagnostic, and other assessments,
in addition to the State accountability assessment, that
assist teachers' needs in understanding the skills and
meeting the needs of the students they serve.
"Assistant principal" means a school administrator
duly endorsed to be employed as an assistant principal in
this State.

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"At-risk student" means a student who is at risk of not
meeting the Illinois Learning Standards or not graduating
from elementary or high school and who demonstrates a need
for vocational support or social services beyond that
provided by the regular school program. All students
included in an Organizational Unit's Low-Income Count, as
well as all English learner and disabled students attending
the Organizational Unit, shall be considered at-risk
students under this Section.
"Average Student Enrollment" or "ASE" for fiscal year
2018 means, for an Organizational Unit, the greater of the
average number of students (grades K through 12) reported
to the State Board as enrolled in the Organizational Unit
on October 1 in the immediately preceding school year, plus
the pre-kindergarten students who receive special
education services of 2 or more hours a day as reported to
the State Board on December 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1, plus the
pre-kindergarten students who receive special education
services of 2 or more hours a day as reported to the State
Board on December 1, for each of the immediately preceding
3 school years. For fiscal year 2019 and each subsequent
fiscal year, "Average Student Enrollment" or "ASE" means,
for an Organizational Unit, the greater of the average

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number of students (grades K through 12) reported to the
State Board as enrolled in the Organizational Unit on
October 1 and March 1 in the immediately preceding school
year, plus the pre-kindergarten students who receive
special education services as reported to the State Board
on October 1 and March 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1 and March 1, plus the
pre-kindergarten students who receive special education
services as reported to the State Board on October 1 and
March 1, for each of the immediately preceding 3 school
years. For the purposes of this definition, "enrolled in
the Organizational Unit" means the number of students
reported to the State Board who are enrolled in schools
within the Organizational Unit that the student attends or
would attend if not placed or transferred to another school
or program to receive needed services. For the purposes of
calculating "ASE", all students, grades K through 12,
excluding those attending kindergarten for a half day and
students attending an alternative education program
operated by a regional office of education or intermediate
service center, shall be counted as 1.0. All students
attending kindergarten for a half day shall be counted as
0.5, unless in 2017 by June 15 or by March 1 in subsequent
years, the school district reports to the State Board of

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Education the intent to implement full-day kindergarten
district-wide for all students, then all students
attending kindergarten shall be counted as 1.0. Special
education pre-kindergarten students shall be counted as
0.5 each. If the State Board does not collect or has not
collected both an October 1 and March 1 enrollment count by
grade or a December 1 collection of special education
pre-kindergarten students as of August 31, 2017 (the
effective date of Public Act 100-465), it shall establish
such collection for all future years. For any year in which
a count by grade level was collected only once, that count
shall be used as the single count available for computing a
3-year average ASE. Funding for programs operated by a
regional office of education or an intermediate service
center must be calculated using the Evidence-Based Funding
formula under this Section for the 2019-2020 school year
and each subsequent school year until separate adequacy
formulas are developed and adopted for each type of
program. ASE for a program operated by a regional office of
education or an intermediate service center must be
determined by the March 1 enrollment for the program. For
the 2019-2020 school year, the ASE used in the calculation
must be the first-year ASE and, in that year only, the
assignment of students served by a regional office of
education or intermediate service center shall not result
in a reduction of the March enrollment for any school

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district. For the 2020-2021 school year, the ASE must be
the greater of the current-year ASE or the 2-year average
ASE. Beginning with the 2021-2022 school year, the ASE must
be the greater of the current-year ASE or the 3-year
average ASE. School districts shall submit the data for the
ASE calculation to the State Board within 45 days of the
dates required in this Section for submission of enrollment
data in order for it to be included in the ASE calculation.
For fiscal year 2018 only, the ASE calculation shall
include only enrollment taken on October 1.
"Base Funding Guarantee" is defined in paragraph (10)
of subsection (g) of this Section.
"Base Funding Minimum" is defined in subsection (e) of
this Section.
"Base Tax Year" means the property tax levy year used
to calculate the Budget Year allocation of primary State
aid.
"Base Tax Year's Extension" means the product of the
equalized assessed valuation utilized by the county clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the county clerk and defined in PTELL.
"Bilingual Education Allocation" means the amount of
an Organizational Unit's final Adequacy Target
attributable to bilingual education divided by the
Organizational Unit's final Adequacy Target, the product
of which shall be multiplied by the amount of new funding

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received pursuant to this Section. An Organizational
Unit's final Adequacy Target attributable to bilingual
education shall include all additional investments in
English learner students' adequacy elements.
"Budget Year" means the school year for which primary
State aid is calculated and awarded under this Section.
"Central office" means individual administrators and
support service personnel charged with managing the
instructional programs, business and operations, and
security of the Organizational Unit.
"Comparable Wage Index" or "CWI" means a regional cost
differentiation metric that measures systemic, regional
variations in the salaries of college graduates who are not
educators. The CWI utilized for this Section shall, for the
first 3 years of Evidence-Based Funding implementation, be
the CWI initially developed by the National Center for
Education Statistics, as most recently updated by Texas A &
M University. In the fourth and subsequent years of
Evidence-Based Funding implementation, the State
Superintendent shall re-determine the CWI using a similar
methodology to that identified in the Texas A & M
University study, with adjustments made no less frequently
than once every 5 years.
"Computer technology and equipment" means computers
servers, notebooks, network equipment, copiers, printers,
instructional software, security software, curriculum

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management courseware, and other similar materials and
equipment.
"Computer technology and equipment investment
allocation" means the final Adequacy Target amount of an
Organizational Unit assigned to Tier 1 or Tier 2 in the
prior school year attributable to the additional $285.50
per student computer technology and equipment investment
grant divided by the Organizational Unit's final Adequacy
Target, the result of which shall be multiplied by the
amount of new funding received pursuant to this Section. An
Organizational Unit assigned to a Tier 1 or Tier 2 final
Adequacy Target attributable to the received computer
technology and equipment investment grant shall include
all additional investments in computer technology and
equipment adequacy elements.
"Core subject" means mathematics; science; reading,
English, writing, and language arts; history and social
studies; world languages; and subjects taught as Advanced
Placement in high schools.
"Core teacher" means a regular classroom teacher in
elementary schools and teachers of a core subject in middle
and high schools.
"Core Intervention teacher (tutor)" means a licensed
teacher providing one-on-one or small group tutoring to
students struggling to meet proficiency in core subjects.
"CPPRT" means corporate personal property replacement

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tax funds paid to an Organizational Unit during the
calendar year one year before the calendar year in which a
school year begins, pursuant to "An Act in relation to the
abolition of ad valorem personal property tax and the
replacement of revenues lost thereby, and amending and
repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended (Public
Act 81-1st S.S.-1).
"EAV" means equalized assessed valuation as defined in
paragraph (2) of subsection (d) of this Section and
calculated in accordance with paragraph (3) of subsection
(d) of this Section.
"ECI" means the Bureau of Labor Statistics' national
employment cost index for civilian workers in educational
services in elementary and secondary schools on a
cumulative basis for the 12-month calendar year preceding
the fiscal year of the Evidence-Based Funding calculation.
"EIS Data" means the employment information system
data maintained by the State Board on educators within
Organizational Units.
"Employee benefits" means health, dental, and vision
insurance offered to employees of an Organizational Unit,
the costs associated with the statutorily required payment
of the normal cost of the Organizational Unit's teacher
pensions, Social Security employer contributions, and
Illinois Municipal Retirement Fund employer contributions.

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"English learner" or "EL" means a child included in the
definition of "English learners" under Section 14C-2 of
this Code participating in a program of transitional
bilingual education or a transitional program of
instruction meeting the requirements and program
application procedures of Article 14C of this Code. For the
purposes of collecting the number of EL students enrolled,
the same collection and calculation methodology as defined
above for "ASE" shall apply to English learners, with the
exception that EL student enrollment shall include
students in grades pre-kindergarten through 12.
"Essential Elements" means those elements, resources,
and educational programs that have been identified through
academic research as necessary to improve student success,
improve academic performance, close achievement gaps, and
provide for other per student costs related to the delivery
and leadership of the Organizational Unit, as well as the
maintenance and operations of the unit, and which are
specified in paragraph (2) of subsection (b) of this
Section.
"Evidence-Based Funding" means State funding provided
to an Organizational Unit pursuant to this Section.
"Extended day" means academic and enrichment programs
provided to students outside the regular school day before
and after school or during non-instructional times during
the school day.

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"Extension Limitation Ratio" means a numerical ratio
in which the numerator is the Base Tax Year's Extension and
the denominator is the Preceding Tax Year's Extension.
"Final Percent of Adequacy" is defined in paragraph (4)
of subsection (f) of this Section.
"Final Resources" is defined in paragraph (3) of
subsection (f) of this Section.
"Full-time equivalent" or "FTE" means the full-time
equivalency compensation for staffing the relevant
position at an Organizational Unit.
"Funding Gap" is defined in paragraph (1) of subsection
(g).
"Guidance counselor" means a licensed guidance
counselor who provides guidance and counseling support for
students within an Organizational Unit.
"Hybrid District" means a partial elementary unit
district created pursuant to Article 11E of this Code.
"Instructional assistant" means a core or special
education, non-licensed employee who assists a teacher in
the classroom and provides academic support to students.
"Instructional facilitator" means a qualified teacher
or licensed teacher leader who facilitates and coaches
continuous improvement in classroom instruction; provides
instructional support to teachers in the elements of
research-based instruction or demonstrates the alignment
of instruction with curriculum standards and assessment

10100HB2170sam001 - 145 - LRB101 07409 CMG 74497 a
tools; develops or coordinates instructional programs or
strategies; develops and implements training; chooses
standards-based instructional materials; provides teachers
with an understanding of current research; serves as a
mentor, site coach, curriculum specialist, or lead
teacher; or otherwise works with fellow teachers, in
collaboration, to use data to improve instructional
practice or develop model lessons.
"Instructional materials" means relevant instructional
materials for student instruction, including, but not
limited to, textbooks, consumable workbooks, laboratory
equipment, library books, and other similar materials.
"Laboratory School" means a public school that is
created and operated by a public university and approved by
the State Board.
"Librarian" means a teacher with an endorsement as a
library information specialist or another individual whose
primary responsibility is overseeing library resources
within an Organizational Unit.
"Limiting rate for Hybrid Districts" means the
combined elementary school and high school limiting rates.
"Local Capacity" is defined in paragraph (1) of
subsection (c) of this Section.
"Local Capacity Percentage" is defined in subparagraph
(A) of paragraph (2) of subsection (c) of this Section.
"Local Capacity Ratio" is defined in subparagraph (B)

10100HB2170sam001 - 146 - LRB101 07409 CMG 74497 a
of paragraph (2) of subsection (c) of this Section.
"Local Capacity Target" is defined in paragraph (2) of
subsection (c) of this Section.
"Low-Income Count" means, for an Organizational Unit
in a fiscal year, the higher of the average number of
students for the prior school year or the immediately
preceding 3 school years who, as of July 1 of the
immediately preceding fiscal year (as determined by the
Department of Human Services), are eligible for at least
one of the following low-income programs: Medicaid, the
Children's Health Insurance Program, Temporary Assistance
for Needy Families (TANF), or the Supplemental Nutrition
Assistance Program, excluding pupils who are eligible for
services provided by the Department of Children and Family
Services. Until such time that grade level low-income
populations become available, grade level low-income
populations shall be determined by applying the low-income
percentage to total student enrollments by grade level. The
low-income percentage is determined by dividing the
Low-Income Count by the Average Student Enrollment. The
low-income percentage for programs operated by a regional
office of education or an intermediate service center must
be set to the weighted average of the low-income
percentages of all of the school districts in the service
region. The weighted low-income percentage is the result of
multiplying the low-income percentage of each school

10100HB2170sam001 - 147 - LRB101 07409 CMG 74497 a
district served by the regional office of education or
intermediate service center by each school district's
Average Student Enrollment, summarizing those products and
dividing the total by the total Average Student Enrollment
for the service region.
"Maintenance and operations" means custodial services,
facility and ground maintenance, facility operations,
facility security, routine facility repairs, and other
similar services and functions.
"Minimum Funding Level" is defined in paragraph (9) of
subsection (g) of this Section.
"New Property Tax Relief Pool Funds" means, for any
given fiscal year, all State funds appropriated under
Section 2-3.170 of this the School Code.
"New State Funds" means, for a given school year, all
State funds appropriated for Evidence-Based Funding in
excess of the amount needed to fund the Base Funding
Minimum for all Organizational Units in that school year.
"Net State Contribution Target" means, for a given
school year, the amount of State funds that would be
necessary to fully meet the Adequacy Target of an
Operational Unit minus the Preliminary Resources available
to each unit.
"Nurse" means an individual licensed as a certified
school nurse, in accordance with the rules established for
nursing services by the State Board, who is an employee of

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and is available to provide health care-related services
for students of an Organizational Unit.
"Operating Tax Rate" means the rate utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
For Hybrid Districts, the Operating Tax Rate shall be the
combined elementary and high school rates utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
"Organizational Unit" means a Laboratory School or any
public school district that is recognized as such by the
State Board and that contains elementary schools typically
serving kindergarten through 5th grades, middle schools
typically serving 6th through 8th grades, high schools
typically serving 9th through 12th grades, a program
established under Section 2-3.66 or 2-3.41, or a program
operated by a regional office of education or an
intermediate service center under Article 13A or 13B. The
General Assembly acknowledges that the actual grade levels
served by a particular Organizational Unit may vary
slightly from what is typical.
"Organizational Unit CWI" is determined by calculating
the CWI in the region and original county in which an
Organizational Unit's primary administrative office is

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located as set forth in this paragraph, provided that if
the Organizational Unit CWI as calculated in accordance
with this paragraph is less than 0.9, the Organizational
Unit CWI shall be increased to 0.9. Each county's current
CWI value shall be adjusted based on the CWI value of that
county's neighboring Illinois counties, to create a
"weighted adjusted index value". This shall be calculated
by summing the CWI values of all of a county's adjacent
Illinois counties and dividing by the number of adjacent
Illinois counties, then taking the weighted value of the
original county's CWI value and the adjacent Illinois
county average. To calculate this weighted value, if the
number of adjacent Illinois counties is greater than 2, the
original county's CWI value will be weighted at 0.25 and
the adjacent Illinois county average will be weighted at
0.75. If the number of adjacent Illinois counties is 2, the
original county's CWI value will be weighted at 0.33 and
the adjacent Illinois county average will be weighted at
0.66. The greater of the county's current CWI value and its
weighted adjusted index value shall be used as the
Organizational Unit CWI.
"Preceding Tax Year" means the property tax levy year
immediately preceding the Base Tax Year.
"Preceding Tax Year's Extension" means the product of
the equalized assessed valuation utilized by the county
clerk in the Preceding Tax Year multiplied by the Operating

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Tax Rate.
"Preliminary Percent of Adequacy" is defined in
paragraph (2) of subsection (f) of this Section.
"Preliminary Resources" is defined in paragraph (2) of
subsection (f) of this Section.
"Principal" means a school administrator duly endorsed
to be employed as a principal in this State.
"Professional development" means training programs for
licensed staff in schools, including, but not limited to,
programs that assist in implementing new curriculum
programs, provide data focused or academic assessment data
training to help staff identify a student's weaknesses and
strengths, target interventions, improve instruction,
encompass instructional strategies for English learner,
gifted, or at-risk students, address inclusivity, cultural
sensitivity, or implicit bias, or otherwise provide
professional support for licensed staff.
"Prototypical" means 450 special education
pre-kindergarten and kindergarten through grade 5 students
for an elementary school, 450 grade 6 through 8 students
for a middle school, and 600 grade 9 through 12 students
for a high school.
"PTELL" means the Property Tax Extension Limitation
Law.
"PTELL EAV" is defined in paragraph (4) of subsection
(d) of this Section.

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"Pupil support staff" means a nurse, psychologist,
social worker, family liaison personnel, or other staff
member who provides support to at-risk or struggling
students.
"Real Receipts" is defined in paragraph (1) of
subsection (d) of this Section.
"Regionalization Factor" means, for a particular
Organizational Unit, the figure derived by dividing the
Organizational Unit CWI by the Statewide Weighted CWI.
"School site staff" means the primary school secretary
and any additional clerical personnel assigned to a school.
"Special education" means special educational
facilities and services, as defined in Section 14-1.08 of
this Code.
"Special Education Allocation" means the amount of an
Organizational Unit's final Adequacy Target attributable
to special education divided by the Organizational Unit's
final Adequacy Target, the product of which shall be
multiplied by the amount of new funding received pursuant
to this Section. An Organizational Unit's final Adequacy
Target attributable to special education shall include all
special education investment adequacy elements.
"Specialist teacher" means a teacher who provides
instruction in subject areas not included in core subjects,
including, but not limited to, art, music, physical
education, health, driver education, career-technical

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education, and such other subject areas as may be mandated
by State law or provided by an Organizational Unit.
"Specially Funded Unit" means an Alternative School,
safe school, Department of Juvenile Justice school,
special education cooperative or entity recognized by the
State Board as a special education cooperative,
State-approved charter school, or alternative learning
opportunities program that received direct funding from
the State Board during the 2016-2017 school year through
any of the funding sources included within the calculation
of the Base Funding Minimum or Glenwood Academy.
"Supplemental Grant Funding" means supplemental
general State aid funding received by an Organizational
Unit during the 2016-2017 school year pursuant to
subsection (H) of Section 18-8.05 of this Code (now
repealed).
"State Adequacy Level" is the sum of the Adequacy
Targets of all Organizational Units.
"State Board" means the State Board of Education.
"State Superintendent" means the State Superintendent
of Education.
"Statewide Weighted CWI" means a figure determined by
multiplying each Organizational Unit CWI times the ASE for
that Organizational Unit creating a weighted value,
summing all Organizational Units' weighted values, and
dividing by the total ASE of all Organizational Units,

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thereby creating an average weighted index.
"Student activities" means non-credit producing
after-school programs, including, but not limited to,
clubs, bands, sports, and other activities authorized by
the school board of the Organizational Unit.
"Substitute teacher" means an individual teacher or
teaching assistant who is employed by an Organizational
Unit and is temporarily serving the Organizational Unit on
a per diem or per period-assignment basis to replace
another staff member.
"Summer school" means academic and enrichment programs
provided to students during the summer months outside of
the regular school year.
"Supervisory aide" means a non-licensed staff member
who helps in supervising students of an Organizational
Unit, but does so outside of the classroom, in situations
such as, but not limited to, monitoring hallways and
playgrounds, supervising lunchrooms, or supervising
students when being transported in buses serving the
Organizational Unit.
"Target Ratio" is defined in paragraph (4) of
subsection (g).
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
in paragraph (3) of subsection (g).
"Tier 1 Aggregate Funding", "Tier 2 Aggregate
Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate

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Funding" are defined in paragraph (1) of subsection (g).
(b) Adequacy Target calculation.
(1) Each Organizational Unit's Adequacy Target is the
sum of the Organizational Unit's cost of providing
Essential Elements, as calculated in accordance with this
subsection (b), with the salary amounts in the Essential
Elements multiplied by a Regionalization Factor calculated
pursuant to paragraph (3) of this subsection (b).
(2) The Essential Elements are attributable on a pro
rata basis related to defined subgroups of the ASE of each
Organizational Unit as specified in this paragraph (2),
with investments and FTE positions pro rata funded based on
ASE counts in excess of or less than the thresholds set
forth in this paragraph (2). The method for calculating
attributable pro rata costs and the defined subgroups
thereto are as follows:
(A) Core class size investments. Each
Organizational Unit shall receive the funding required
to support that number of FTE core teacher positions as
is needed to keep the respective class sizes of the
Organizational Unit to the following maximum numbers:
(i) For grades kindergarten through 3, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
15 Low-Income Count students in those grades and
one FTE core teacher position for every 20

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non-Low-Income Count students in those grades.
(ii) For grades 4 through 12, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
20 Low-Income Count students in those grades and
one FTE core teacher position for every 25
non-Low-Income Count students in those grades.
The number of non-Low-Income Count students in a
grade shall be determined by subtracting the
Low-Income students in that grade from the ASE of the
Organizational Unit for that grade.
(B) Specialist teacher investments. Each
Organizational Unit shall receive the funding needed
to cover that number of FTE specialist teacher
positions that correspond to the following
percentages:
(i) if the Organizational Unit operates an
elementary or middle school, then 20.00% of the
number of the Organizational Unit's core teachers,
as determined under subparagraph (A) of this
paragraph (2); and
(ii) if such Organizational Unit operates a
high school, then 33.33% of the number of the
Organizational Unit's core teachers.
(C) Instructional facilitator investments. Each
Organizational Unit shall receive the funding needed

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to cover one FTE instructional facilitator position
for every 200 combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students of the Organizational Unit.
(D) Core intervention teacher (tutor) investments.
Each Organizational Unit shall receive the funding
needed to cover one FTE teacher position for each
prototypical elementary, middle, and high school.
(E) Substitute teacher investments. Each
Organizational Unit shall receive the funding needed
to cover substitute teacher costs that is equal to
5.70% of the minimum pupil attendance days required
under Section 10-19 of this Code for all full-time
equivalent core, specialist, and intervention
teachers, school nurses, special education teachers
and instructional assistants, instructional
facilitators, and summer school and extended day
teacher positions, as determined under this paragraph
(2), at a salary rate of 33.33% of the average salary
for grade K through 12 teachers and 33.33% of the
average salary of each instructional assistant
position.
(F) Core guidance counselor investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE guidance counselor for each 450
combined ASE of pre-kindergarten children with

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disabilities and all kindergarten through grade 5
students, plus one FTE guidance counselor for each 250
grades 6 through 8 ASE middle school students, plus one
FTE guidance counselor for each 250 grades 9 through 12
ASE high school students.
(G) Nurse investments. Each Organizational Unit
shall receive the funding needed to cover one FTE nurse
for each 750 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through grade
12 students across all grade levels it serves.
(H) Supervisory aide investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE for each 225 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE for
each 225 ASE middle school students, plus one FTE for
each 200 ASE high school students.
(I) Librarian investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
librarian for each prototypical elementary school,
middle school, and high school and one FTE aide or
media technician for every 300 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 12 students.
(J) Principal investments. Each Organizational
Unit shall receive the funding needed to cover one FTE

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principal position for each prototypical elementary
school, plus one FTE principal position for each
prototypical middle school, plus one FTE principal
position for each prototypical high school.
(K) Assistant principal investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE assistant principal position for each
prototypical elementary school, plus one FTE assistant
principal position for each prototypical middle
school, plus one FTE assistant principal position for
each prototypical high school.
(L) School site staff investments. Each
Organizational Unit shall receive the funding needed
for one FTE position for each 225 ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE
position for each 225 ASE middle school students, plus
one FTE position for each 200 ASE high school students.
(M) Gifted investments. Each Organizational Unit
shall receive $40 per kindergarten through grade 12
ASE.
(N) Professional development investments. Each
Organizational Unit shall receive $125 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for trainers and other professional

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development-related expenses for supplies and
materials.
(O) Instructional material investments. Each
Organizational Unit shall receive $190 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover instructional material costs.
(P) Assessment investments. Each Organizational
Unit shall receive $25 per student of the combined ASE
of pre-kindergarten children with disabilities and all
kindergarten through grade 12 students to cover
assessment costs.
(Q) Computer technology and equipment investments.
Each Organizational Unit shall receive $285.50 per
student of the combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students to cover computer technology
and equipment costs. For the 2018-2019 school year and
subsequent school years, Organizational Units assigned
to Tier 1 and Tier 2 in the prior school year shall
receive an additional $285.50 per student of the
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover computer technology and equipment
costs in the Organizational Unit's Adequacy Target.
The State Board may establish additional requirements

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for Organizational Unit expenditures of funds received
pursuant to this subparagraph (Q), including a
requirement that funds received pursuant to this
subparagraph (Q) may be used only for serving the
technology needs of the district. It is the intent of
Public Act 100-465 that all Tier 1 and Tier 2 districts
receive the addition to their Adequacy Target in the
following year, subject to compliance with the
requirements of the State Board.
(R) Student activities investments. Each
Organizational Unit shall receive the following
funding amounts to cover student activities: $100 per
kindergarten through grade 5 ASE student in elementary
school, plus $200 per ASE student in middle school,
plus $675 per ASE student in high school.
(S) Maintenance and operations investments. Each
Organizational Unit shall receive $1,038 per student
of the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for day-to-day maintenance and operations
expenditures, including salary, supplies, and
materials, as well as purchased services, but
excluding employee benefits. The proportion of salary
for the application of a Regionalization Factor and the
calculation of benefits is equal to $352.92.
(T) Central office investments. Each

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Organizational Unit shall receive $742 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover central office operations, including
administrators and classified personnel charged with
managing the instructional programs, business and
operations of the school district, and security
personnel. The proportion of salary for the
application of a Regionalization Factor and the
calculation of benefits is equal to $368.48.
(U) Employee benefit investments. Each
Organizational Unit shall receive 30% of the total of
all salary-calculated elements of the Adequacy Target,
excluding substitute teachers and student activities
investments, to cover benefit costs. For central
office and maintenance and operations investments, the
benefit calculation shall be based upon the salary
proportion of each investment. If at any time the
responsibility for funding the employer normal cost of
teacher pensions is assigned to school districts, then
that amount certified by the Teachers' Retirement
System of the State of Illinois to be paid by the
Organizational Unit for the preceding school year
shall be added to the benefit investment. For any
fiscal year in which a school district organized under
Article 34 of this Code is responsible for paying the

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employer normal cost of teacher pensions, then that
amount of its employer normal cost plus the amount for
retiree health insurance as certified by the Public
School Teachers' Pension and Retirement Fund of
Chicago to be paid by the school district for the
preceding school year that is statutorily required to
cover employer normal costs and the amount for retiree
health insurance shall be added to the 30% specified in
this subparagraph (U). The Teachers' Retirement System
of the State of Illinois and the Public School
Teachers' Pension and Retirement Fund of Chicago shall
submit such information as the State Superintendent
may require for the calculations set forth in this
subparagraph (U).
(V) Additional investments in low-income students.
In addition to and not in lieu of all other funding
under this paragraph (2), each Organizational Unit
shall receive funding based on the average teacher
salary for grades K through 12 to cover the costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 Low-Income Count students;
(ii) one FTE pupil support staff position for
every 125 Low-Income Count students;
(iii) one FTE extended day teacher position
for every 120 Low-Income Count students; and
(iv) one FTE summer school teacher position

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for every 120 Low-Income Count students.
(W) Additional investments in English learner
students. In addition to and not in lieu of all other
funding under this paragraph (2), each Organizational
Unit shall receive funding based on the average teacher
salary for grades K through 12 to cover the costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 English learner students;
(ii) one FTE pupil support staff position for
every 125 English learner students;
(iii) one FTE extended day teacher position
for every 120 English learner students;
(iv) one FTE summer school teacher position
for every 120 English learner students; and
(v) one FTE core teacher position for every 100
English learner students.
(X) Special education investments. Each
Organizational Unit shall receive funding based on the
average teacher salary for grades K through 12 to cover
special education as follows:
(i) one FTE teacher position for every 141
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students;
(ii) one FTE instructional assistant for every
141 combined ASE of pre-kindergarten children with

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disabilities and all kindergarten through grade 12
students; and
(iii) one FTE psychologist position for every
1,000 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through
grade 12 students.
(Y) Anti-racism investment. In addition to and not
in lieu of all other funding under this paragraph (2),
an Organizational Unit shall receive funding in the
amount of $250 per African American student enrolled in
the Organizational Unit if 15% or more of the students
enrolled in the Organizational Unit are African
American. Funds received pursuant to this subparagraph
(Y) shall be utilized as set forth in Section 2-3.184
of this Code.
(3) For calculating the salaries included within the
Essential Elements, the State Superintendent shall
annually calculate average salaries to the nearest dollar
using the employment information system data maintained by
the State Board, limited to public schools only and
excluding special education and vocational cooperatives,
schools operated by the Department of Juvenile Justice, and
charter schools, for the following positions:
(A) Teacher for grades K through 8.
(B) Teacher for grades 9 through 12.
(C) Teacher for grades K through 12.

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(D) Guidance counselor for grades K through 8.
(E) Guidance counselor for grades 9 through 12.
(F) Guidance counselor for grades K through 12.
(G) Social worker.
(H) Psychologist.
(I) Librarian.
(J) Nurse.
(K) Principal.
(L) Assistant principal.
For the purposes of this paragraph (3), "teacher"
includes core teachers, specialist and elective teachers,
instructional facilitators, tutors, special education
teachers, pupil support staff teachers, English learner
teachers, extended day teachers, and summer school
teachers. Where specific grade data is not required for the
Essential Elements, the average salary for corresponding
positions shall apply. For substitute teachers, the
average teacher salary for grades K through 12 shall apply.
For calculating the salaries included within the
Essential Elements for positions not included within EIS
Data, the following salaries shall be used in the first
year of implementation of Evidence-Based Funding:
(i) school site staff, $30,000; and
(ii) non-instructional assistant, instructional
assistant, library aide, library media tech, or
supervisory aide: $25,000.

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In the second and subsequent years of implementation of
Evidence-Based Funding, the amounts in items (i) and (ii)
of this paragraph (3) shall annually increase by the ECI.
The salary amounts for the Essential Elements
determined pursuant to subparagraphs (A) through (L), (S)
and (T), and (V) through (X) of paragraph (2) of subsection
(b) of this Section shall be multiplied by a
Regionalization Factor.
(c) Local Capacity calculation.
(1) Each Organizational Unit's Local Capacity
represents an amount of funding it is assumed to contribute
toward its Adequacy Target for purposes of the
Evidence-Based Funding formula calculation. "Local
Capacity" means either (i) the Organizational Unit's Local
Capacity Target as calculated in accordance with paragraph
(2) of this subsection (c) if its Real Receipts are equal
to or less than its Local Capacity Target or (ii) the
Organizational Unit's Adjusted Local Capacity, as
calculated in accordance with paragraph (3) of this
subsection (c) if Real Receipts are more than its Local
Capacity Target.
(2) "Local Capacity Target" means, for an
Organizational Unit, that dollar amount that is obtained by
multiplying its Adequacy Target by its Local Capacity
Ratio.
(A) An Organizational Unit's Local Capacity

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Percentage is the conversion of the Organizational
Unit's Local Capacity Ratio, as such ratio is
determined in accordance with subparagraph (B) of this
paragraph (2), into a cumulative distribution
resulting in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The calculation of
Local Capacity Percentage is described in subparagraph
(C) of this paragraph (2).
(B) An Organizational Unit's Local Capacity Ratio
in a given year is the percentage obtained by dividing
its Adjusted EAV or PTELL EAV, whichever is less, by
its Adequacy Target, with the resulting ratio further
adjusted as follows:
(i) for Organizational Units serving grades
kindergarten through 12 and Hybrid Districts, no
further adjustments shall be made;
(ii) for Organizational Units serving grades
kindergarten through 8, the ratio shall be
multiplied by 9/13;
(iii) for Organizational Units serving grades
9 through 12, the Local Capacity Ratio shall be
multiplied by 4/13; and
(iv) for an Organizational Unit with a
different grade configuration than those specified
in items (i) through (iii) of this subparagraph

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(B), the State Superintendent shall determine a
comparable adjustment based on the grades served.
(C) The Local Capacity Percentage is equal to the
percentile ranking of the district. Local Capacity
Percentage converts each Organizational Unit's Local
Capacity Ratio to a cumulative distribution resulting
in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The Local Capacity
Percentage cumulative distribution resulting in a
percentile ranking for each Organizational Unit shall
be calculated using the standard normal distribution
of the score in relation to the weighted mean and
weighted standard deviation and Local Capacity Ratios
of all Organizational Units. If the value assigned to
any Organizational Unit is in excess of 90%, the value
shall be adjusted to 90%. For Laboratory Schools, the
Local Capacity Percentage shall be set at 10% in
recognition of the absence of EAV and resources from
the public university that are allocated to the
Laboratory School. For programs operated by a regional
office of education or an intermediate service center,
the Local Capacity Percentage must be set at 10% in
recognition of the absence of EAV and resources from
school districts that are allocated to the regional
office of education or intermediate service center.

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The weighted mean for the Local Capacity Percentage
shall be determined by multiplying each Organizational
Unit's Local Capacity Ratio times the ASE for the unit
creating a weighted value, summing the weighted values
of all Organizational Units, and dividing by the total
ASE of all Organizational Units. The weighted standard
deviation shall be determined by taking the square root
of the weighted variance of all Organizational Units'
Local Capacity Ratio, where the variance is calculated
by squaring the difference between each unit's Local
Capacity Ratio and the weighted mean, then multiplying
the variance for each unit times the ASE for the unit
to create a weighted variance for each unit, then
summing all units' weighted variance and dividing by
the total ASE of all units.
(D) For any Organizational Unit, the
Organizational Unit's Adjusted Local Capacity Target
shall be reduced by either (i) the school board's
remaining contribution pursuant to paragraph (ii) of
subsection (b-4) of Section 16-158 of the Illinois
Pension Code in a given year or (ii) the board of
education's remaining contribution pursuant to
paragraph (iv) of subsection (b) of Section 17-129 of
the Illinois Pension Code absent the employer normal
cost portion of the required contribution and amount
allowed pursuant to subdivision (3) of Section

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17-142.1 of the Illinois Pension Code in a given year.
In the preceding sentence, item (i) shall be certified
to the State Board of Education by the Teachers'
Retirement System of the State of Illinois and item
(ii) shall be certified to the State Board of Education
by the Public School Teachers' Pension and Retirement
Fund of the City of Chicago.
(3) If an Organizational Unit's Real Receipts are more
than its Local Capacity Target, then its Local Capacity
shall equal an Adjusted Local Capacity Target as calculated
in accordance with this paragraph (3). The Adjusted Local
Capacity Target is calculated as the sum of the
Organizational Unit's Local Capacity Target and its Real
Receipts Adjustment. The Real Receipts Adjustment equals
the Organizational Unit's Real Receipts less its Local
Capacity Target, with the resulting figure multiplied by
the Local Capacity Percentage.
As used in this paragraph (3), "Real Percent of
Adequacy" means the sum of an Organizational Unit's Real
Receipts, CPPRT, and Base Funding Minimum, with the
resulting figure divided by the Organizational Unit's
Adequacy Target.
(d) Calculation of Real Receipts, EAV, and Adjusted EAV for
purposes of the Local Capacity calculation.
(1) An Organizational Unit's Real Receipts are the
product of its Applicable Tax Rate and its Adjusted EAV. An

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Organizational Unit's Applicable Tax Rate is its Adjusted
Operating Tax Rate for property within the Organizational
Unit.
(2) The State Superintendent shall calculate the
equalized assessed valuation, or EAV, of all taxable
property of each Organizational Unit as of September 30 of
the previous year in accordance with paragraph (3) of this
subsection (d). The State Superintendent shall then
determine the Adjusted EAV of each Organizational Unit in
accordance with paragraph (4) of this subsection (d), which
Adjusted EAV figure shall be used for the purposes of
calculating Local Capacity.
(3) To calculate Real Receipts and EAV, the Department
of Revenue shall supply to the State Superintendent the
value as equalized or assessed by the Department of Revenue
of all taxable property of every Organizational Unit,
together with (i) the applicable tax rate used in extending
taxes for the funds of the Organizational Unit as of
September 30 of the previous year and (ii) the limiting
rate for all Organizational Units subject to property tax
extension limitations as imposed under PTELL.
(A) The Department of Revenue shall add to the
equalized assessed value of all taxable property of
each Organizational Unit situated entirely or
partially within a county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property

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Tax Code (i) an amount equal to the total amount by
which the homestead exemption allowed under Section
15-176 or 15-177 of the Property Tax Code for real
property situated in that Organizational Unit exceeds
the total amount that would have been allowed in that
Organizational Unit if the maximum reduction under
Section 15-176 was (I) $4,500 in Cook County or $3,500
in all other counties in tax year 2003 or (II) $5,000
in all counties in tax year 2004 and thereafter and
(ii) an amount equal to the aggregate amount for the
taxable year of all additional exemptions under
Section 15-175 of the Property Tax Code for owners with
a household income of $30,000 or less. The county clerk
of any county that is or was subject to the provisions
of Section 15-176 or 15-177 of the Property Tax Code
shall annually calculate and certify to the Department
of Revenue for each Organizational Unit all homestead
exemption amounts under Section 15-176 or 15-177 of the
Property Tax Code and all amounts of additional
exemptions under Section 15-175 of the Property Tax
Code for owners with a household income of $30,000 or
less. It is the intent of this subparagraph (A) that if
the general homestead exemption for a parcel of
property is determined under Section 15-176 or 15-177
of the Property Tax Code rather than Section 15-175,
then the calculation of EAV shall not be affected by

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the difference, if any, between the amount of the
general homestead exemption allowed for that parcel of
property under Section 15-176 or 15-177 of the Property
Tax Code and the amount that would have been allowed
had the general homestead exemption for that parcel of
property been determined under Section 15-175 of the
Property Tax Code. It is further the intent of this
subparagraph (A) that if additional exemptions are
allowed under Section 15-175 of the Property Tax Code
for owners with a household income of less than
$30,000, then the calculation of EAV shall not be
affected by the difference, if any, because of those
additional exemptions.
(B) With respect to any part of an Organizational
Unit within a redevelopment project area in respect to
which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Division 74.4 of Article
11 of the Illinois Municipal Code, or the Industrial
Jobs Recovery Law, Division 74.6 of Article 11 of the
Illinois Municipal Code, no part of the current EAV of
real property located in any such project area that is
attributable to an increase above the total initial EAV
of such property shall be used as part of the EAV of
the Organizational Unit, until such time as all
redevelopment project costs have been paid, as

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provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35
of the Industrial Jobs Recovery Law. For the purpose of
the EAV of the Organizational Unit, the total initial
EAV or the current EAV, whichever is lower, shall be
used until such time as all redevelopment project costs
have been paid.
(B-5) The real property equalized assessed
valuation for a school district shall be adjusted by
subtracting from the real property value, as equalized
or assessed by the Department of Revenue, for the
district an amount computed by dividing the amount of
any abatement of taxes under Section 18-170 of the
Property Tax Code by 3.00% for a district maintaining
grades kindergarten through 12, by 2.30% for a district
maintaining grades kindergarten through 8, or by 1.05%
for a district maintaining grades 9 through 12 and
adjusted by an amount computed by dividing the amount
of any abatement of taxes under subsection (a) of
Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in this
subparagraph (B-5).
(C) For Organizational Units that are Hybrid
Districts, the State Superintendent shall use the
lesser of the adjusted equalized assessed valuation
for property within the partial elementary unit

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district for elementary purposes, as defined in
Article 11E of this Code, or the adjusted equalized
assessed valuation for property within the partial
elementary unit district for high school purposes, as
defined in Article 11E of this Code.
(4) An Organizational Unit's Adjusted EAV shall be the
average of its EAV over the immediately preceding 3 years
or its EAV in the immediately preceding year if the EAV in
the immediately preceding year has declined by 10% or more
compared to the 3-year average. In the event of
Organizational Unit reorganization, consolidation, or
annexation, the Organizational Unit's Adjusted EAV for the
first 3 years after such change shall be as follows: the
most current EAV shall be used in the first year, the
average of a 2-year EAV or its EAV in the immediately
preceding year if the EAV declines by 10% or more compared
to the 2-year average for the second year, and a 3-year
average EAV or its EAV in the immediately preceding year if
the Adjusted EAV declines by 10% or more compared to the
3-year average for the third year. For any school district
whose EAV in the immediately preceding year is used in
calculations, in the following year, the Adjusted EAV shall
be the average of its EAV over the immediately preceding 2
years or the immediately preceding year if that year
represents a decline of 10% or more compared to the 2-year
average.

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"PTELL EAV" means a figure calculated by the State
Board for Organizational Units subject to PTELL as
described in this paragraph (4) for the purposes of
calculating an Organizational Unit's Local Capacity Ratio.
Except as otherwise provided in this paragraph (4), the
PTELL EAV of an Organizational Unit shall be equal to the
product of the equalized assessed valuation last used in
the calculation of general State aid under Section 18-8.05
of this Code (now repealed) or Evidence-Based Funding under
this Section and the Organizational Unit's Extension
Limitation Ratio. If an Organizational Unit has approved or
does approve an increase in its limiting rate, pursuant to
Section 18-190 of the Property Tax Code, affecting the Base
Tax Year, the PTELL EAV shall be equal to the product of
the equalized assessed valuation last used in the
calculation of general State aid under Section 18-8.05 of
this Code (now repealed) or Evidence-Based Funding under
this Section multiplied by an amount equal to one plus the
percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the
United States Department of Labor for the 12-month calendar
year preceding the Base Tax Year, plus the equalized
assessed valuation of new property, annexed property, and
recovered tax increment value and minus the equalized
assessed valuation of disconnected property.
As used in this paragraph (4), "new property" and

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"recovered tax increment value" shall have the meanings set
forth in the Property Tax Extension Limitation Law.
(e) Base Funding Minimum calculation.
(1) For the 2017-2018 school year, the Base Funding
Minimum of an Organizational Unit or a Specially Funded
Unit shall be the amount of State funds distributed to the
Organizational Unit or Specially Funded Unit during the
2016-2017 school year prior to any adjustments and
specified appropriation amounts described in this
paragraph (1) from the following Sections, as calculated by
the State Superintendent: Section 18-8.05 of this Code (now
repealed); Section 5 of Article 224 of Public Act 99-524
(equity grants); Section 14-7.02b of this Code (funding for
children requiring special education services); Section
14-13.01 of this Code (special education facilities and
staffing), except for reimbursement of the cost of
transportation pursuant to Section 14-13.01; Section
14C-12 of this Code (English learners); and Section 18-4.3
of this Code (summer school), based on an appropriation
level of $13,121,600. For a school district organized under
Article 34 of this Code, the Base Funding Minimum also
includes (i) the funds allocated to the school district
pursuant to Section 1D-1 of this Code attributable to
funding programs authorized by the Sections of this Code
listed in the preceding sentence and (ii) the difference
between (I) the funds allocated to the school district

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pursuant to Section 1D-1 of this Code attributable to the
funding programs authorized by Section 14-7.02 (non-public
special education reimbursement), subsection (b) of
Section 14-13.01 (special education transportation),
Section 29-5 (transportation), Section 2-3.80
(agricultural education), Section 2-3.66 (truants'
alternative education), Section 2-3.62 (educational
service centers), and Section 14-7.03 (special education -
orphanage) of this Code and Section 15 of the Childhood
Hunger Relief Act (free breakfast program) and (II) the
school district's actual expenditures for its non-public
special education, special education transportation,
transportation programs, agricultural education, truants'
alternative education, services that would otherwise be
performed by a regional office of education, special
education orphanage expenditures, and free breakfast, as
most recently calculated and reported pursuant to
subsection (f) of Section 1D-1 of this Code. The Base
Funding Minimum for Glenwood Academy shall be $625,500. For
programs operated by a regional office of education or an
intermediate service center, the Base Funding Minimum must
be the total amount of State funds allocated to those
programs in the 2018-2019 school year and amounts provided
pursuant to Article 34 of Public Act 100-586 and Section
3-16 of this Code. All programs established after June 5,
2019 (the effective date of Public Act 101-10) and

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administered by a regional office of education or an
intermediate service center must have an initial Base
Funding Minimum set to an amount equal to the first-year
ASE multiplied by the amount of per pupil funding received
in the previous school year by the lowest funded similar
existing program type. If the enrollment for a program
operated by a regional office of education or an
intermediate service center is zero, then it may not
receive Base Funding Minimum funds for that program in the
next fiscal year, and those funds must be distributed to
Organizational Units under subsection (g).
(2) For the 2018-2019 and subsequent school years, the
Base Funding Minimum of Organizational Units and Specially
Funded Units shall be the sum of (i) the amount of
Evidence-Based Funding for the prior school year, (ii) the
Base Funding Minimum for the prior school year, and (iii)
any amount received by a school district pursuant to
Section 7 of Article 97 of Public Act 100-21.
(3) Subject to approval by the General Assembly as
provided in this paragraph (3), an Organizational Unit that
meets all of the following criteria, as determined by the
State Board, shall have District Intervention Money added
to its Base Funding Minimum at the time the Base Funding
Minimum is calculated by the State Board:
(A) The Organizational Unit is operating under an
Independent Authority under Section 2-3.25f-5 of this

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Code for a minimum of 4 school years or is subject to
the control of the State Board pursuant to a court
order for a minimum of 4 school years.
(B) The Organizational Unit was designated as a
Tier 1 or Tier 2 Organizational Unit in the previous
school year under paragraph (3) of subsection (g) of
this Section.
(C) The Organizational Unit demonstrates
sustainability through a 5-year financial and
strategic plan.
(D) The Organizational Unit has made sufficient
progress and achieved sufficient stability in the
areas of governance, academic growth, and finances.
As part of its determination under this paragraph (3),
the State Board may consider the Organizational Unit's
summative designation, any accreditations of the
Organizational Unit, or the Organizational Unit's
financial profile, as calculated by the State Board.
If the State Board determines that an Organizational
Unit has met the criteria set forth in this paragraph (3),
it must submit a report to the General Assembly, no later
than January 2 of the fiscal year in which the State Board
makes it determination, on the amount of District
Intervention Money to add to the Organizational Unit's Base
Funding Minimum. The General Assembly must review the State
Board's report and may approve or disapprove, by joint

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resolution, the addition of District Intervention Money.
If the General Assembly fails to act on the report within
40 calendar days from the receipt of the report, the
addition of District Intervention Money is deemed
approved. If the General Assembly approves the amount of
District Intervention Money to be added to the
Organizational Unit's Base Funding Minimum, the District
Intervention Money must be added to the Base Funding
Minimum annually thereafter.
For the first 4 years following the initial year that
the State Board determines that an Organizational Unit has
met the criteria set forth in this paragraph (3) and has
received funding under this Section, the Organizational
Unit must annually submit to the State Board, on or before
November 30, a progress report regarding its financial and
strategic plan under subparagraph (C) of this paragraph
(3). The plan shall include the financial data from the
past 4 annual financial reports or financial audits that
must be presented to the State Board by November 15 of each
year and the approved budget financial data for the current
year. The plan shall be developed according to the
guidelines presented to the Organizational Unit by the
State Board. The plan shall further include financial
projections for the next 3 fiscal years and include a
discussion and financial summary of the Organizational
Unit's facility needs. If the Organizational Unit does not

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demonstrate sufficient progress toward its 5-year plan or
if it has failed to file an annual financial report, an
annual budget, a financial plan, a deficit reduction plan,
or other financial information as required by law, the
State Board may establish a Financial Oversight Panel under
Article 1H of this Code. However, if the Organizational
Unit already has a Financial Oversight Panel, the State
Board may extend the duration of the Panel.
(f) Percent of Adequacy and Final Resources calculation.
(1) The Evidence-Based Funding formula establishes a
Percent of Adequacy for each Organizational Unit in order
to place such units into tiers for the purposes of the
funding distribution system described in subsection (g) of
this Section. Initially, an Organizational Unit's
Preliminary Resources and Preliminary Percent of Adequacy
are calculated pursuant to paragraph (2) of this subsection
(f). Then, an Organizational Unit's Final Resources and
Final Percent of Adequacy are calculated to account for the
Organizational Unit's poverty concentration levels
pursuant to paragraphs (3) and (4) of this subsection (f).
(2) An Organizational Unit's Preliminary Resources are
equal to the sum of its Local Capacity Target, CPPRT, and
Base Funding Minimum. An Organizational Unit's Preliminary
Percent of Adequacy is the lesser of (i) its Preliminary
Resources divided by its Adequacy Target or (ii) 100%.
(3) Except for Specially Funded Units, an

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Organizational Unit's Final Resources are equal to the sum
of its Local Capacity, CPPRT, and Adjusted Base Funding
Minimum. The Base Funding Minimum of each Specially Funded
Unit shall serve as its Final Resources, except that the
Base Funding Minimum for State-approved charter schools
shall not include any portion of general State aid
allocated in the prior year based on the per capita tuition
charge times the charter school enrollment.
(4) An Organizational Unit's Final Percent of Adequacy
is its Final Resources divided by its Adequacy Target. An
Organizational Unit's Adjusted Base Funding Minimum is
equal to its Base Funding Minimum less its Supplemental
Grant Funding, with the resulting figure added to the
product of its Supplemental Grant Funding and Preliminary
Percent of Adequacy.
(g) Evidence-Based Funding formula distribution system.
(1) In each school year under the Evidence-Based
Funding formula, each Organizational Unit receives funding
equal to the sum of its Base Funding Minimum and the unit's
allocation of New State Funds determined pursuant to this
subsection (g). To allocate New State Funds, the
Evidence-Based Funding formula distribution system first
places all Organizational Units into one of 4 tiers in
accordance with paragraph (3) of this subsection (g), based
on the Organizational Unit's Final Percent of Adequacy. New
State Funds are allocated to each of the 4 tiers as

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follows: Tier 1 Aggregate Funding equals 50% of all New
State Funds, Tier 2 Aggregate Funding equals 49% of all New
State Funds, Tier 3 Aggregate Funding equals 0.9% of all
New State Funds, and Tier 4 Aggregate Funding equals 0.1%
of all New State Funds. Each Organizational Unit within
Tier 1 or Tier 2 receives an allocation of New State Funds
equal to its tier Funding Gap, as defined in the following
sentence, multiplied by the tier's Allocation Rate
determined pursuant to paragraph (4) of this subsection
(g). For Tier 1, an Organizational Unit's Funding Gap
equals the tier's Target Ratio, as specified in paragraph
(5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources. For Tier 2, an Organizational Unit's Funding Gap
equals the tier's Target Ratio, as described in paragraph
(5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources and its Tier 1 funding allocation. To determine
the Organizational Unit's Funding Gap, the resulting
amount is then multiplied by a factor equal to one minus
the Organizational Unit's Local Capacity Target
percentage. Each Organizational Unit within Tier 3 or Tier
4 receives an allocation of New State Funds equal to the
product of its Adequacy Target and the tier's Allocation

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Rate, as specified in paragraph (4) of this subsection (g).
(2) To ensure equitable distribution of dollars for all
Tier 2 Organizational Units, no Tier 2 Organizational Unit
shall receive fewer dollars per ASE than any Tier 3
Organizational Unit. Each Tier 2 and Tier 3 Organizational
Unit shall have its funding allocation divided by its ASE.
Any Tier 2 Organizational Unit with a funding allocation
per ASE below the greatest Tier 3 allocation per ASE shall
get a funding allocation equal to the greatest Tier 3
funding allocation per ASE multiplied by the
Organizational Unit's ASE. Each Tier 2 Organizational
Unit's Tier 2 funding allocation shall be multiplied by the
percentage calculated by dividing the original Tier 2
Aggregate Funding by the sum of all Tier 2 Organizational
Units' Tier 2 funding allocation after adjusting
districts' funding below Tier 3 levels.
(3) Organizational Units are placed into one of 4 tiers
as follows:
(A) Tier 1 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy less than the Tier 1 Target Ratio. The Tier 1
Target Ratio is the ratio level that allows for Tier 1
Aggregate Funding to be distributed, with the Tier 1
Allocation Rate determined pursuant to paragraph (4)
of this subsection (g).
(B) Tier 2 consists of all Tier 1 Units and all

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other Organizational Units, except for Specially
Funded Units, with a Percent of Adequacy of less than
0.90.
(C) Tier 3 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy of at least 0.90 and less than 1.0.
(D) Tier 4 consists of all Organizational Units
with a Percent of Adequacy of at least 1.0.
(4) The Allocation Rates for Tiers 1 through 4 are
determined as follows:
(A) The Tier 1 Allocation Rate is 30%.
(B) The Tier 2 Allocation Rate is the result of the
following equation: Tier 2 Aggregate Funding, divided
by the sum of the Funding Gaps for all Tier 2
Organizational Units, unless the result of such
equation is higher than 1.0. If the result of such
equation is higher than 1.0, then the Tier 2 Allocation
Rate is 1.0.
(C) The Tier 3 Allocation Rate is the result of the
following equation: Tier 3 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 3
Organizational Units.
(D) The Tier 4 Allocation Rate is the result of the
following equation: Tier 4 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 4
Organizational Units.

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(5) A tier's Target Ratio is determined as follows:
(A) The Tier 1 Target Ratio is the ratio level that
allows for Tier 1 Aggregate Funding to be distributed
with the Tier 1 Allocation Rate.
(B) The Tier 2 Target Ratio is 0.90.
(C) The Tier 3 Target Ratio is 1.0.
(6) If, at any point, the Tier 1 Target Ratio is
greater than 90%, then than all Tier 1 funding shall be
allocated to Tier 2 and no Tier 1 Organizational Unit's
funding may be identified.
(7) In the event that all Tier 2 Organizational Units
receive funding at the Tier 2 Target Ratio level, any
remaining New State Funds shall be allocated to Tier 3 and
Tier 4 Organizational Units.
(8) If any Specially Funded Units, excluding Glenwood
Academy, recognized by the State Board do not qualify for
direct funding following the implementation of Public Act
100-465 from any of the funding sources included within the
definition of Base Funding Minimum, the unqualified
portion of the Base Funding Minimum shall be transferred to
one or more appropriate Organizational Units as determined
by the State Superintendent based on the prior year ASE of
the Organizational Units.
(8.5) If a school district withdraws from a special
education cooperative, the portion of the Base Funding
Minimum that is attributable to the school district may be

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redistributed to the school district upon withdrawal. The
school district and the cooperative must include the amount
of the Base Funding Minimum that is to be reapportioned in
their withdrawal agreement and notify the State Board of
the change with a copy of the agreement upon withdrawal.
(9) The Minimum Funding Level is intended to establish
a target for State funding that will keep pace with
inflation and continue to advance equity through the
Evidence-Based Funding formula. The target for State
funding of New Property Tax Relief Pool Funds is
$50,000,000 for State fiscal year 2019 and subsequent State
fiscal years. The Minimum Funding Level is equal to
$350,000,000 through State fiscal year 2021. The Minimum
Funding Level is equal to $420,000,000 for State fiscal
year 2022 and subsequent State fiscal years. In addition to
any New State Funds, no more than $50,000,000 New Property
Tax Relief Pool Funds may be counted toward the Minimum
Funding Level. If the sum of New State Funds and applicable
New Property Tax Relief Pool Funds are less than the
Minimum Funding Level, than funding for tiers shall be
reduced in the following manner:
(A) First, Tier 4 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds until such time as
Tier 4 funding is exhausted.
(B) Next, Tier 3 funding shall be reduced by an

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amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 funding until such time as Tier 3 funding is
exhausted.
(C) Next, Tier 2 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 and Tier 3.
(D) Finally, Tier 1 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding level and New State Funds and the reduction in
Tier 2, 3, and 4 funding. In addition, the Allocation
Rate for Tier 1 shall be reduced to a percentage equal
to the Tier 1 Allocation Rate set by paragraph (4) of
this subsection (g), multiplied by the result of New
State Funds divided by the Minimum Funding Level.
(9.5) For State fiscal year 2019 through State fiscal
year 2021 and subsequent State fiscal years, if New State
Funds exceed $300,000,000, then any amount in excess of
$300,000,000 shall be dedicated for purposes of Section
2-3.170 of this Code up to a maximum of $50,000,000. For
State fiscal year 2022 and subsequent State fiscal years,
if New State Funds exceed $370,000,000, then any amount in
excess of $370,000,000 shall be dedicated for purposes of
Section 2-3.170 of this Code up to a maximum of
$50,000,000.

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(10) In the event of a decrease in the amount of the
appropriation for this Section in any fiscal year after
implementation of this Section, the Organizational Units
receiving Tier 1 and Tier 2 funding, as determined under
paragraph (3) of this subsection (g), shall be held
harmless by establishing a Base Funding Guarantee equal to
the per pupil kindergarten through grade 12 funding
received in accordance with this Section in the prior
fiscal year. Reductions shall be made to the Base Funding
Minimum of Organizational Units in Tier 3 and Tier 4 on a
per pupil basis equivalent to the total number of the ASE
in Tier 3-funded and Tier 4-funded Organizational Units
divided by the total reduction in State funding. The Base
Funding Minimum as reduced shall continue to be applied to
Tier 3 and Tier 4 Organizational Units and adjusted by the
relative formula when increases in appropriations for this
Section resume. In no event may State funding reductions to
Organizational Units in Tier 3 or Tier 4 exceed an amount
that would be less than the Base Funding Minimum
established in the first year of implementation of this
Section. If additional reductions are required, all school
districts shall receive a reduction by a per pupil amount
equal to the aggregate additional appropriation reduction
divided by the total ASE of all Organizational Units.
(11) The State Superintendent shall make minor
adjustments to the distribution formula set forth in this

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subsection (g) to account for the rounding of percentages
to the nearest tenth of a percentage and dollar amounts to
the nearest whole dollar.
(h) State Superintendent administration of funding and
district submission requirements.
(1) The State Superintendent shall, in accordance with
appropriations made by the General Assembly, meet the
funding obligations created under this Section.
(2) The State Superintendent shall calculate the
Adequacy Target for each Organizational Unit and Net State
Contribution Target for each Organizational Unit under
this Section. No Evidence-Based Funding shall be
distributed within an Organizational Unit without the
approval of the unit's school board.
(3) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the unit's aggregate
financial adequacy amount, which shall be the sum of the
Adequacy Target for each Organizational Unit. The State
Superintendent shall calculate and report separately for
each Organizational Unit the unit's total State funds
allocated for its students with disabilities. The State
Superintendent shall calculate and report separately for
each Organizational Unit the amount of funding and
applicable FTE calculated for each Essential Element of the
unit's Adequacy Target.
(4) Annually, the State Superintendent shall calculate

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and report to each Organizational Unit the amount the unit
must expend on special education, and bilingual education,
anti-racism initiatives approved under Section 2-3.184 of
this Code, and computer technology and equipment for
Organizational Units assigned to Tier 1 or Tier 2 that
received an additional $285.50 per student computer
technology and equipment investment grant to their
Adequacy Target pursuant to the unit's Base Funding
Minimum, Special Education Allocation, Bilingual Education
Allocation, anti-racism investment allocation, and
computer technology and equipment investment allocation.
(5) Moneys distributed under this Section shall be
calculated on a school year basis, but paid on a fiscal
year basis, with payments beginning in August and extending
through June. Unless otherwise provided, the moneys
appropriated for each fiscal year shall be distributed in
22 equal payments at least 2 times monthly to each
Organizational Unit. If moneys appropriated for any fiscal
year are distributed other than monthly, the distribution
shall be on the same basis for each Organizational Unit.
(6) Any school district that fails, for any given
school year, to maintain school as required by law or to
maintain a recognized school is not eligible to receive
Evidence-Based Funding. In case of non-recognition of one
or more attendance centers in a school district otherwise
operating recognized schools, the claim of the district

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shall be reduced in the proportion that the enrollment in
the attendance center or centers bears to the enrollment of
the school district. "Recognized school" means any public
school that meets the standards for recognition by the
State Board. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal
claim that was filed while it was recognized.
(7) School district claims filed under this Section are
subject to Sections 18-9 and 18-12 of this Code, except as
otherwise provided in this Section.
(8) Each fiscal year, the State Superintendent shall
calculate for each Organizational Unit an amount of its
Base Funding Minimum and Evidence-Based Funding that shall
be deemed attributable to the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, in a manner that ensures compliance
with maintenance of State financial support requirements
under the federal Individuals with Disabilities Education
Act. An Organizational Unit must use such funds only for
the provision of special educational facilities and
services, as defined in Section 14-1.08 of this Code, and
must comply with any expenditure verification procedures
adopted by the State Board.
(9) All Organizational Units in this State must submit
annual spending plans by the end of September of each year

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to the State Board as part of the annual budget process,
which shall describe how each Organizational Unit will
utilize the Base Funding Minimum and Evidence-Based
Funding it receives from this State under this Section with
specific identification of the intended utilization of
Low-Income, English learner, and special education
resources. Additionally, the annual spending plans of each
Organizational Unit shall describe how the Organizational
Unit expects to achieve student growth and how the
Organizational Unit will achieve State education goals, as
defined by the State Board. The State Superintendent may,
from time to time, identify additional requisites for
Organizational Units to satisfy when compiling the annual
spending plans required under this subsection (h). The
format and scope of annual spending plans shall be
developed by the State Superintendent and the State Board
of Education. School districts that serve students under
Article 14C of this Code shall continue to submit
information as required under Section 14C-12 of this Code.
(10) No later than January 1, 2018, the State
Superintendent shall develop a 5-year strategic plan for
all Organizational Units to help in planning for adequacy
funding under this Section. The State Superintendent shall
submit the plan to the Governor and the General Assembly,
as provided in Section 3.1 of the General Assembly
Organization Act. The plan shall include recommendations

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for:
(A) a framework for collaborative, professional,
innovative, and 21st century learning environments
using the Evidence-Based Funding model;
(B) ways to prepare and support this State's
educators for successful instructional careers;
(C) application and enhancement of the current
financial accountability measures, the approved State
plan to comply with the federal Every Student Succeeds
Act, and the Illinois Balanced Accountability Measures
in relation to student growth and elements of the
Evidence-Based Funding model; and
(D) implementation of an effective school adequacy
funding system based on projected and recommended
funding levels from the General Assembly.
(11) On an annual basis, the State Superintendent must
recalibrate all of the following per pupil elements of the
Adequacy Target and applied to the formulas, based on the
study of average expenses and as reported in the most
recent annual financial report:
(A) Gifted under subparagraph (M) of paragraph (2)
of subsection (b).
(B) Instructional materials under subparagraph (O)
of paragraph (2) of subsection (b).
(C) Assessment under subparagraph (P) of paragraph
(2) of subsection (b).

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(D) Student activities under subparagraph (R) of
paragraph (2) of subsection (b).
(E) Maintenance and operations under subparagraph
(S) of paragraph (2) of subsection (b).
(F) Central office under subparagraph (T) of
paragraph (2) of subsection (b).
(i) Professional Review Panel.
(1) A Professional Review Panel is created to study and
review topics related to the implementation and effect of
Evidence-Based Funding, as assigned by a joint resolution
or Public Act of the General Assembly or a motion passed by
the State Board of Education. The Panel must provide
recommendations to and serve the Governor, the General
Assembly, and the State Board. The State Superintendent or
his or her designee must serve as a voting member and
chairperson of the Panel. The State Superintendent must
appoint a vice chairperson from the membership of the
Panel. The Panel must advance recommendations based on a
three-fifths majority vote of Panel members present and
voting. A minority opinion may also accompany any
recommendation of the Panel. The Panel shall be appointed
by the State Superintendent, except as otherwise provided
in paragraph (2) of this subsection (i) and include the
following members:
(A) Two appointees that represent district
superintendents, recommended by a statewide

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organization that represents district superintendents.
(B) Two appointees that represent school boards,
recommended by a statewide organization that
represents school boards.
(C) Two appointees from districts that represent
school business officials, recommended by a statewide
organization that represents school business
officials.
(D) Two appointees that represent school
principals, recommended by a statewide organization
that represents school principals.
(E) Two appointees that represent teachers,
recommended by a statewide organization that
represents teachers.
(F) Two appointees that represent teachers,
recommended by another statewide organization that
represents teachers.
(G) Two appointees that represent regional
superintendents of schools, recommended by
organizations that represent regional superintendents.
(H) Two independent experts selected solely by the
State Superintendent.
(I) Two independent experts recommended by public
universities in this State.
(J) One member recommended by a statewide
organization that represents parents.

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(K) Two representatives recommended by collective
impact organizations that represent major metropolitan
areas or geographic areas in Illinois.
(L) One member from a statewide organization
focused on research-based education policy to support
a school system that prepares all students for college,
a career, and democratic citizenship.
(M) One representative from a school district
organized under Article 34 of this Code.
The State Superintendent shall ensure that the
membership of the Panel includes representatives from
school districts and communities reflecting the
geographic, socio-economic, racial, and ethnic diversity
of this State. The State Superintendent shall additionally
ensure that the membership of the Panel includes
representatives with expertise in bilingual education and
special education. Staff from the State Board shall staff
the Panel.
(2) In addition to those Panel members appointed by the
State Superintendent, 4 members of the General Assembly
shall be appointed as follows: one member of the House of
Representatives appointed by the Speaker of the House of
Representatives, one member of the Senate appointed by the
President of the Senate, one member of the House of
Representatives appointed by the Minority Leader of the
House of Representatives, and one member of the Senate

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appointed by the Minority Leader of the Senate. There shall
be one additional member appointed by the Governor. All
members appointed by legislative leaders or the Governor
shall be non-voting, ex officio members.
(3) The Panel must study topics at the direction of the
General Assembly or State Board of Education, as provided
under paragraph (1). The Panel may also study the following
topics at the direction of the chairperson:
(A) The format and scope of annual spending plans
referenced in paragraph (9) of subsection (h) of this
Section.
(B) The Comparable Wage Index under this Section.
(C) Maintenance and operations, including capital
maintenance and construction costs.
(D) "At-risk student" definition.
(E) Benefits.
(F) Technology.
(G) Local Capacity Target.
(H) Funding for Alternative Schools, Laboratory
Schools, safe schools, and alternative learning
opportunities programs.
(I) Funding for college and career acceleration
strategies.
(J) Special education investments.
(K) Early childhood investments, in collaboration
with the Illinois Early Learning Council.

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(L) Anti-racism investments.
(4) (Blank).
(5) Within 5 years after the implementation of this
Section, and every 5 years thereafter, the Panel shall
complete an evaluative study of the entire Evidence-Based
Funding model, including an assessment of whether or not
the formula is achieving State goals. The Panel shall
report to the State Board, the General Assembly, and the
Governor on the findings of the study.
(6) (Blank).
(j) References. Beginning July 1, 2017, references in other
laws to general State aid funds or calculations under Section
18-8.05 of this Code (now repealed) shall be deemed to be
references to evidence-based model formula funds or
calculations under this Section.
(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
Article 60.
Section 5. The School Code is amended by adding Sections
2-3.185 and 27-23.15 and by changing Sections 10-17a, 18-8.15,
and 27-22 as follows:
(105 ILCS 5/2-3.185 new)

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Sec. 2-3.185. Computer science standards and courses. On or
before December 1, 2021, the State Board of Education shall:
(1) develop or adopt rigorous learning standards in the
area of computer science; and
(2) analyze and revise, if appropriate, existing
course titles dedicated to computer science or develop a
short list of existing course titles that are recommended
for computer science courses.
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data collected and maintained by
the State Board of Education related to the following:
(A) school characteristics and student demographics,

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including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the
number and percentage of all students who have been
assessed for placement in a gifted education or advanced
academic program and, of those students: (i) the racial and
ethnic breakdown, (ii) the percentage who are classified as
low-income, and (iii) the number and percentage of students
who received direct instruction from a teacher who holds a
gifted education endorsement and, of those students, the
percentage who are classified as low-income; the
percentage of students scoring at the "exceeds
expectations" level on the assessments required under
Section 2-3.64a-5 of this Code; the percentage of students
who annually transferred in or out of the school district;
average daily attendance; the per-pupil operating
expenditure of the school district; and the per-pupil State
average operating expenditure for the district type
(elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, computer science

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courses, school personnel resources (including Career
Technical Education teachers), before and after school
programs, extracurricular activities, subjects in which
elective classes are offered, health and wellness
initiatives (including the average number of days of
Physical Education per week per student), approved
programs of study, awards received, community
partnerships, and special programs such as programming for
the gifted and talented, students with disabilities, and
work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating
from high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the

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percentage of students in the ninth grade who have earned 5
credits or more without failing more than one core class, a
measure of students entering kindergarten ready to learn, a
measure of growth, and the percentage of students who enter
high school on track for college and career readiness;
(E) the school environment, including, where
applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with
less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program or
advanced academic program and the manner in which parents
and guardians are made aware of the process and criteria, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, and the combined percentage of

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teachers rated as proficient or excellent in their most
recent evaluation;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of the
State of Illinois in the prior fiscal year for the school's
employees, which shall be reported to the State Board of
Education by the Teachers' Retirement System of the State
of Illinois;
(H) for a school district organized under Article 34 of
this Code only, State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago and State
contributions for health care for employees of that school
district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section

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18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs; and
(M) whether or not the school has participated in the
Illinois Youth Survey. In this paragraph (M), "Illinois
Youth Survey" means a self-report survey, administered in
school settings every 2 years, designed to gather
information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12; and
(N) whether the school offered its students career and
technical education opportunities.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers

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and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
"Computer science" means the study of computers and
algorithms, including their principles, their hardware and
software designs, their implementation, and their impact on
society. "Computer science" does not include the study of
everyday uses of computers and computer applications, such as
keyboarding or accessing the Internet.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance by
Section 26-1 of this Code at each school and charter school.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a
subset of the information identified in paragraphs (A) through
(E) and paragraph (N) of subsection (2) of this Section. The

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school district report card shall include the average daily
attendance, as that term is defined in subsection (2) of this
Section, of students who have individualized education
programs and students who have 504 plans that provide for
special education services within the school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the
report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that
the report card is available on the web site, (ii) the address

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of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the
report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
(105 ILCS 5/18-8.15)
Sec. 18-8.15. Evidence-Based Funding for student success
for the 2017-2018 and subsequent school years.
(a) General provisions.
(1) The purpose of this Section is to ensure that, by
June 30, 2027 and beyond, this State has a kindergarten
through grade 12 public education system with the capacity
to ensure the educational development of all persons to the
limits of their capacities in accordance with Section 1 of
Article X of the Constitution of the State of Illinois. To
accomplish that objective, this Section creates a method of
funding public education that is evidence-based; is

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sufficient to ensure every student receives a meaningful
opportunity to learn irrespective of race, ethnicity,
sexual orientation, gender, or community-income level; and
is sustainable and predictable. When fully funded under
this Section, every school shall have the resources, based
on what the evidence indicates is needed, to:
(A) provide all students with a high quality
education that offers the academic, enrichment, social
and emotional support, technical, and career-focused
programs that will allow them to become competitive
workers, responsible parents, productive citizens of
this State, and active members of our national
democracy;
(B) ensure all students receive the education they
need to graduate from high school with the skills
required to pursue post-secondary education and
training for a rewarding career;
(C) reduce, with a goal of eliminating, the
achievement gap between at-risk and non-at-risk
students by raising the performance of at-risk
students and not by reducing standards; and
(D) ensure this State satisfies its obligation to
assume the primary responsibility to fund public
education and simultaneously relieve the
disproportionate burden placed on local property taxes
to fund schools.

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(2) The Evidence-Based Funding formula under this
Section shall be applied to all Organizational Units in
this State. The Evidence-Based Funding formula outlined in
this Act is based on the formula outlined in Senate Bill 1
of the 100th General Assembly, as passed by both
legislative chambers. As further defined and described in
this Section, there are 4 major components of the
Evidence-Based Funding model:
(A) First, the model calculates a unique Adequacy
Target for each Organizational Unit in this State that
considers the costs to implement research-based
activities, the unit's student demographics, and
regional wage differences.
(B) Second, the model calculates each
Organizational Unit's Local Capacity, or the amount
each Organizational Unit is assumed to contribute
toward its Adequacy Target from local resources.
(C) Third, the model calculates how much funding
the State currently contributes to the Organizational
Unit and adds that to the unit's Local Capacity to
determine the unit's overall current adequacy of
funding.
(D) Finally, the model's distribution method
allocates new State funding to those Organizational
Units that are least well-funded, considering both
Local Capacity and State funding, in relation to their

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Adequacy Target.
(3) An Organizational Unit receiving any funding under
this Section may apply those funds to any fund so received
for which that Organizational Unit is authorized to make
expenditures by law.
(4) As used in this Section, the following terms shall
have the meanings ascribed in this paragraph (4):
"Adequacy Target" is defined in paragraph (1) of
subsection (b) of this Section.
"Adjusted EAV" is defined in paragraph (4) of
subsection (d) of this Section.
"Adjusted Local Capacity Target" is defined in
paragraph (3) of subsection (c) of this Section.
"Adjusted Operating Tax Rate" means a tax rate for all
Organizational Units, for which the State Superintendent
shall calculate and subtract for the Operating Tax Rate a
transportation rate based on total expenses for
transportation services under this Code, as reported on the
most recent Annual Financial Report in Pupil
Transportation Services, function 2550 in both the
Education and Transportation funds and functions 4110 and
4120 in the Transportation fund, less any corresponding
fiscal year State of Illinois scheduled payments excluding
net adjustments for prior years for regular, vocational, or
special education transportation reimbursement pursuant to
Section 29-5 or subsection (b) of Section 14-13.01 of this

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Code divided by the Adjusted EAV. If an Organizational
Unit's corresponding fiscal year State of Illinois
scheduled payments excluding net adjustments for prior
years for regular, vocational, or special education
transportation reimbursement pursuant to Section 29-5 or
subsection (b) of Section 14-13.01 of this Code exceed the
total transportation expenses, as defined in this
paragraph, no transportation rate shall be subtracted from
the Operating Tax Rate.
"Allocation Rate" is defined in paragraph (3) of
subsection (g) of this Section.
"Alternative School" means a public school that is
created and operated by a regional superintendent of
schools and approved by the State Board.
"Applicable Tax Rate" is defined in paragraph (1) of
subsection (d) of this Section.
"Assessment" means any of those benchmark, progress
monitoring, formative, diagnostic, and other assessments,
in addition to the State accountability assessment, that
assist teachers' needs in understanding the skills and
meeting the needs of the students they serve.
"Assistant principal" means a school administrator
duly endorsed to be employed as an assistant principal in
this State.
"At-risk student" means a student who is at risk of not
meeting the Illinois Learning Standards or not graduating

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from elementary or high school and who demonstrates a need
for vocational support or social services beyond that
provided by the regular school program. All students
included in an Organizational Unit's Low-Income Count, as
well as all English learner and disabled students attending
the Organizational Unit, shall be considered at-risk
students under this Section.
"Average Student Enrollment" or "ASE" for fiscal year
2018 means, for an Organizational Unit, the greater of the
average number of students (grades K through 12) reported
to the State Board as enrolled in the Organizational Unit
on October 1 in the immediately preceding school year, plus
the pre-kindergarten students who receive special
education services of 2 or more hours a day as reported to
the State Board on December 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1, plus the
pre-kindergarten students who receive special education
services of 2 or more hours a day as reported to the State
Board on December 1, for each of the immediately preceding
3 school years. For fiscal year 2019 and each subsequent
fiscal year, "Average Student Enrollment" or "ASE" means,
for an Organizational Unit, the greater of the average
number of students (grades K through 12) reported to the
State Board as enrolled in the Organizational Unit on

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October 1 and March 1 in the immediately preceding school
year, plus the pre-kindergarten students who receive
special education services as reported to the State Board
on October 1 and March 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1 and March 1, plus the
pre-kindergarten students who receive special education
services as reported to the State Board on October 1 and
March 1, for each of the immediately preceding 3 school
years. For the purposes of this definition, "enrolled in
the Organizational Unit" means the number of students
reported to the State Board who are enrolled in schools
within the Organizational Unit that the student attends or
would attend if not placed or transferred to another school
or program to receive needed services. For the purposes of
calculating "ASE", all students, grades K through 12,
excluding those attending kindergarten for a half day and
students attending an alternative education program
operated by a regional office of education or intermediate
service center, shall be counted as 1.0. All students
attending kindergarten for a half day shall be counted as
0.5, unless in 2017 by June 15 or by March 1 in subsequent
years, the school district reports to the State Board of
Education the intent to implement full-day kindergarten
district-wide for all students, then all students

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attending kindergarten shall be counted as 1.0. Special
education pre-kindergarten students shall be counted as
0.5 each. If the State Board does not collect or has not
collected both an October 1 and March 1 enrollment count by
grade or a December 1 collection of special education
pre-kindergarten students as of August 31, 2017 (the
effective date of Public Act 100-465), it shall establish
such collection for all future years. For any year in which
a count by grade level was collected only once, that count
shall be used as the single count available for computing a
3-year average ASE. Funding for programs operated by a
regional office of education or an intermediate service
center must be calculated using the Evidence-Based Funding
formula under this Section for the 2019-2020 school year
and each subsequent school year until separate adequacy
formulas are developed and adopted for each type of
program. ASE for a program operated by a regional office of
education or an intermediate service center must be
determined by the March 1 enrollment for the program. For
the 2019-2020 school year, the ASE used in the calculation
must be the first-year ASE and, in that year only, the
assignment of students served by a regional office of
education or intermediate service center shall not result
in a reduction of the March enrollment for any school
district. For the 2020-2021 school year, the ASE must be
the greater of the current-year ASE or the 2-year average

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ASE. Beginning with the 2021-2022 school year, the ASE must
be the greater of the current-year ASE or the 3-year
average ASE. School districts shall submit the data for the
ASE calculation to the State Board within 45 days of the
dates required in this Section for submission of enrollment
data in order for it to be included in the ASE calculation.
For fiscal year 2018 only, the ASE calculation shall
include only enrollment taken on October 1.
"Base Funding Guarantee" is defined in paragraph (10)
of subsection (g) of this Section.
"Base Funding Minimum" is defined in subsection (e) of
this Section.
"Base Tax Year" means the property tax levy year used
to calculate the Budget Year allocation of primary State
aid.
"Base Tax Year's Extension" means the product of the
equalized assessed valuation utilized by the county clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the county clerk and defined in PTELL.
"Bilingual Education Allocation" means the amount of
an Organizational Unit's final Adequacy Target
attributable to bilingual education divided by the
Organizational Unit's final Adequacy Target, the product
of which shall be multiplied by the amount of new funding
received pursuant to this Section. An Organizational
Unit's final Adequacy Target attributable to bilingual

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education shall include all additional investments in
English learner students' adequacy elements.
"Budget Year" means the school year for which primary
State aid is calculated and awarded under this Section.
"Central office" means individual administrators and
support service personnel charged with managing the
instructional programs, business and operations, and
security of the Organizational Unit.
"Comparable Wage Index" or "CWI" means a regional cost
differentiation metric that measures systemic, regional
variations in the salaries of college graduates who are not
educators. The CWI utilized for this Section shall, for the
first 3 years of Evidence-Based Funding implementation, be
the CWI initially developed by the National Center for
Education Statistics, as most recently updated by Texas A &
M University. In the fourth and subsequent years of
Evidence-Based Funding implementation, the State
Superintendent shall re-determine the CWI using a similar
methodology to that identified in the Texas A & M
University study, with adjustments made no less frequently
than once every 5 years.
"Computer technology and equipment" means computers
servers, notebooks, network equipment, copiers, printers,
instructional software, security software, curriculum
management courseware, and other similar materials and
equipment.

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"Computer technology and equipment investment
allocation" means the final Adequacy Target amount of an
Organizational Unit assigned to Tier 1 or Tier 2 in the
prior school year attributable to the additional $285.50
per student computer technology and equipment investment
grant divided by the Organizational Unit's final Adequacy
Target, the result of which shall be multiplied by the
amount of new funding received pursuant to this Section. An
Organizational Unit assigned to a Tier 1 or Tier 2 final
Adequacy Target attributable to the received computer
technology and equipment investment grant shall include
all additional investments in computer technology and
equipment adequacy elements.
"Core subject" means mathematics; science; reading,
English, writing, and language arts; history and social
studies; world languages; and subjects taught as Advanced
Placement in high schools.
"Core teacher" means a regular classroom teacher in
elementary schools and teachers of a core subject in middle
and high schools.
"Core Intervention teacher (tutor)" means a licensed
teacher providing one-on-one or small group tutoring to
students struggling to meet proficiency in core subjects.
"CPPRT" means corporate personal property replacement
tax funds paid to an Organizational Unit during the
calendar year one year before the calendar year in which a

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school year begins, pursuant to "An Act in relation to the
abolition of ad valorem personal property tax and the
replacement of revenues lost thereby, and amending and
repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended (Public
Act 81-1st S.S.-1).
"EAV" means equalized assessed valuation as defined in
paragraph (2) of subsection (d) of this Section and
calculated in accordance with paragraph (3) of subsection
(d) of this Section.
"ECI" means the Bureau of Labor Statistics' national
employment cost index for civilian workers in educational
services in elementary and secondary schools on a
cumulative basis for the 12-month calendar year preceding
the fiscal year of the Evidence-Based Funding calculation.
"EIS Data" means the employment information system
data maintained by the State Board on educators within
Organizational Units.
"Employee benefits" means health, dental, and vision
insurance offered to employees of an Organizational Unit,
the costs associated with the statutorily required payment
of the normal cost of the Organizational Unit's teacher
pensions, Social Security employer contributions, and
Illinois Municipal Retirement Fund employer contributions.
"English learner" or "EL" means a child included in the
definition of "English learners" under Section 14C-2 of

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this Code participating in a program of transitional
bilingual education or a transitional program of
instruction meeting the requirements and program
application procedures of Article 14C of this Code. For the
purposes of collecting the number of EL students enrolled,
the same collection and calculation methodology as defined
above for "ASE" shall apply to English learners, with the
exception that EL student enrollment shall include
students in grades pre-kindergarten through 12.
"Essential Elements" means those elements, resources,
and educational programs that have been identified through
academic research as necessary to improve student success,
improve academic performance, close achievement gaps, and
provide for other per student costs related to the delivery
and leadership of the Organizational Unit, as well as the
maintenance and operations of the unit, and which are
specified in paragraph (2) of subsection (b) of this
Section.
"Evidence-Based Funding" means State funding provided
to an Organizational Unit pursuant to this Section.
"Extended day" means academic and enrichment programs
provided to students outside the regular school day before
and after school or during non-instructional times during
the school day.
"Extension Limitation Ratio" means a numerical ratio
in which the numerator is the Base Tax Year's Extension and

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the denominator is the Preceding Tax Year's Extension.
"Final Percent of Adequacy" is defined in paragraph (4)
of subsection (f) of this Section.
"Final Resources" is defined in paragraph (3) of
subsection (f) of this Section.
"Full-time equivalent" or "FTE" means the full-time
equivalency compensation for staffing the relevant
position at an Organizational Unit.
"Funding Gap" is defined in paragraph (1) of subsection
(g).
"Guidance counselor" means a licensed guidance
counselor who provides guidance and counseling support for
students within an Organizational Unit.
"Hybrid District" means a partial elementary unit
district created pursuant to Article 11E of this Code.
"Instructional assistant" means a core or special
education, non-licensed employee who assists a teacher in
the classroom and provides academic support to students.
"Instructional facilitator" means a qualified teacher
or licensed teacher leader who facilitates and coaches
continuous improvement in classroom instruction; provides
instructional support to teachers in the elements of
research-based instruction or demonstrates the alignment
of instruction with curriculum standards and assessment
tools; develops or coordinates instructional programs or
strategies; develops and implements training; chooses

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standards-based instructional materials; provides teachers
with an understanding of current research; serves as a
mentor, site coach, curriculum specialist, or lead
teacher; or otherwise works with fellow teachers, in
collaboration, to use data to improve instructional
practice or develop model lessons.
"Instructional materials" means relevant instructional
materials for student instruction, including, but not
limited to, textbooks, consumable workbooks, laboratory
equipment, library books, and other similar materials.
"Laboratory School" means a public school that is
created and operated by a public university and approved by
the State Board.
"Librarian" means a teacher with an endorsement as a
library information specialist or another individual whose
primary responsibility is overseeing library resources
within an Organizational Unit.
"Limiting rate for Hybrid Districts" means the
combined elementary school and high school limiting rates.
"Local Capacity" is defined in paragraph (1) of
subsection (c) of this Section.
"Local Capacity Percentage" is defined in subparagraph
(A) of paragraph (2) of subsection (c) of this Section.
"Local Capacity Ratio" is defined in subparagraph (B)
of paragraph (2) of subsection (c) of this Section.
"Local Capacity Target" is defined in paragraph (2) of

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subsection (c) of this Section.
"Low-Income Count" means, for an Organizational Unit
in a fiscal year, the higher of the average number of
students for the prior school year or the immediately
preceding 3 school years who, as of July 1 of the
immediately preceding fiscal year (as determined by the
Department of Human Services), are eligible for at least
one of the following low-income programs: Medicaid, the
Children's Health Insurance Program, Temporary Assistance
for Needy Families (TANF), or the Supplemental Nutrition
Assistance Program, excluding pupils who are eligible for
services provided by the Department of Children and Family
Services. Until such time that grade level low-income
populations become available, grade level low-income
populations shall be determined by applying the low-income
percentage to total student enrollments by grade level. The
low-income percentage is determined by dividing the
Low-Income Count by the Average Student Enrollment. The
low-income percentage for programs operated by a regional
office of education or an intermediate service center must
be set to the weighted average of the low-income
percentages of all of the school districts in the service
region. The weighted low-income percentage is the result of
multiplying the low-income percentage of each school
district served by the regional office of education or
intermediate service center by each school district's

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Average Student Enrollment, summarizing those products and
dividing the total by the total Average Student Enrollment
for the service region.
"Maintenance and operations" means custodial services,
facility and ground maintenance, facility operations,
facility security, routine facility repairs, and other
similar services and functions.
"Minimum Funding Level" is defined in paragraph (9) of
subsection (g) of this Section.
"New Property Tax Relief Pool Funds" means, for any
given fiscal year, all State funds appropriated under
Section 2-3.170 of this the School Code.
"New State Funds" means, for a given school year, all
State funds appropriated for Evidence-Based Funding in
excess of the amount needed to fund the Base Funding
Minimum for all Organizational Units in that school year.
"Net State Contribution Target" means, for a given
school year, the amount of State funds that would be
necessary to fully meet the Adequacy Target of an
Operational Unit minus the Preliminary Resources available
to each unit.
"Nurse" means an individual licensed as a certified
school nurse, in accordance with the rules established for
nursing services by the State Board, who is an employee of
and is available to provide health care-related services
for students of an Organizational Unit.

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"Operating Tax Rate" means the rate utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
For Hybrid Districts, the Operating Tax Rate shall be the
combined elementary and high school rates utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
"Organizational Unit" means a Laboratory School or any
public school district that is recognized as such by the
State Board and that contains elementary schools typically
serving kindergarten through 5th grades, middle schools
typically serving 6th through 8th grades, high schools
typically serving 9th through 12th grades, a program
established under Section 2-3.66 or 2-3.41, or a program
operated by a regional office of education or an
intermediate service center under Article 13A or 13B. The
General Assembly acknowledges that the actual grade levels
served by a particular Organizational Unit may vary
slightly from what is typical.
"Organizational Unit CWI" is determined by calculating
the CWI in the region and original county in which an
Organizational Unit's primary administrative office is
located as set forth in this paragraph, provided that if
the Organizational Unit CWI as calculated in accordance

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with this paragraph is less than 0.9, the Organizational
Unit CWI shall be increased to 0.9. Each county's current
CWI value shall be adjusted based on the CWI value of that
county's neighboring Illinois counties, to create a
"weighted adjusted index value". This shall be calculated
by summing the CWI values of all of a county's adjacent
Illinois counties and dividing by the number of adjacent
Illinois counties, then taking the weighted value of the
original county's CWI value and the adjacent Illinois
county average. To calculate this weighted value, if the
number of adjacent Illinois counties is greater than 2, the
original county's CWI value will be weighted at 0.25 and
the adjacent Illinois county average will be weighted at
0.75. If the number of adjacent Illinois counties is 2, the
original county's CWI value will be weighted at 0.33 and
the adjacent Illinois county average will be weighted at
0.66. The greater of the county's current CWI value and its
weighted adjusted index value shall be used as the
Organizational Unit CWI.
"Preceding Tax Year" means the property tax levy year
immediately preceding the Base Tax Year.
"Preceding Tax Year's Extension" means the product of
the equalized assessed valuation utilized by the county
clerk in the Preceding Tax Year multiplied by the Operating
Tax Rate.
"Preliminary Percent of Adequacy" is defined in

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paragraph (2) of subsection (f) of this Section.
"Preliminary Resources" is defined in paragraph (2) of
subsection (f) of this Section.
"Principal" means a school administrator duly endorsed
to be employed as a principal in this State.
"Professional development" means training programs for
licensed staff in schools, including, but not limited to,
programs that assist in implementing new curriculum
programs, provide data focused or academic assessment data
training to help staff identify a student's weaknesses and
strengths, target interventions, improve instruction,
encompass instructional strategies for English learner,
gifted, or at-risk students, address inclusivity, cultural
sensitivity, or implicit bias, or otherwise provide
professional support for licensed staff.
"Prototypical" means 450 special education
pre-kindergarten and kindergarten through grade 5 students
for an elementary school, 450 grade 6 through 8 students
for a middle school, and 600 grade 9 through 12 students
for a high school.
"PTELL" means the Property Tax Extension Limitation
Law.
"PTELL EAV" is defined in paragraph (4) of subsection
(d) of this Section.
"Pupil support staff" means a nurse, psychologist,
social worker, family liaison personnel, or other staff

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member who provides support to at-risk or struggling
students.
"Real Receipts" is defined in paragraph (1) of
subsection (d) of this Section.
"Regionalization Factor" means, for a particular
Organizational Unit, the figure derived by dividing the
Organizational Unit CWI by the Statewide Weighted CWI.
"School site staff" means the primary school secretary
and any additional clerical personnel assigned to a school.
"Special education" means special educational
facilities and services, as defined in Section 14-1.08 of
this Code.
"Special Education Allocation" means the amount of an
Organizational Unit's final Adequacy Target attributable
to special education divided by the Organizational Unit's
final Adequacy Target, the product of which shall be
multiplied by the amount of new funding received pursuant
to this Section. An Organizational Unit's final Adequacy
Target attributable to special education shall include all
special education investment adequacy elements.
"Specialist teacher" means a teacher who provides
instruction in subject areas not included in core subjects,
including, but not limited to, art, music, physical
education, health, driver education, career-technical
education, and such other subject areas as may be mandated
by State law or provided by an Organizational Unit.

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"Specially Funded Unit" means an Alternative School,
safe school, Department of Juvenile Justice school,
special education cooperative or entity recognized by the
State Board as a special education cooperative,
State-approved charter school, or alternative learning
opportunities program that received direct funding from
the State Board during the 2016-2017 school year through
any of the funding sources included within the calculation
of the Base Funding Minimum or Glenwood Academy.
"Supplemental Grant Funding" means supplemental
general State aid funding received by an Organizational
Unit during the 2016-2017 school year pursuant to
subsection (H) of Section 18-8.05 of this Code (now
repealed).
"State Adequacy Level" is the sum of the Adequacy
Targets of all Organizational Units.
"State Board" means the State Board of Education.
"State Superintendent" means the State Superintendent
of Education.
"Statewide Weighted CWI" means a figure determined by
multiplying each Organizational Unit CWI times the ASE for
that Organizational Unit creating a weighted value,
summing all Organizational Units' weighted values, and
dividing by the total ASE of all Organizational Units,
thereby creating an average weighted index.
"Student activities" means non-credit producing

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after-school programs, including, but not limited to,
clubs, bands, sports, and other activities authorized by
the school board of the Organizational Unit.
"Substitute teacher" means an individual teacher or
teaching assistant who is employed by an Organizational
Unit and is temporarily serving the Organizational Unit on
a per diem or per period-assignment basis to replace
another staff member.
"Summer school" means academic and enrichment programs
provided to students during the summer months outside of
the regular school year.
"Supervisory aide" means a non-licensed staff member
who helps in supervising students of an Organizational
Unit, but does so outside of the classroom, in situations
such as, but not limited to, monitoring hallways and
playgrounds, supervising lunchrooms, or supervising
students when being transported in buses serving the
Organizational Unit.
"Target Ratio" is defined in paragraph (4) of
subsection (g).
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
in paragraph (3) of subsection (g).
"Tier 1 Aggregate Funding", "Tier 2 Aggregate
Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
Funding" are defined in paragraph (1) of subsection (g).
(b) Adequacy Target calculation.

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(1) Each Organizational Unit's Adequacy Target is the
sum of the Organizational Unit's cost of providing
Essential Elements, as calculated in accordance with this
subsection (b), with the salary amounts in the Essential
Elements multiplied by a Regionalization Factor calculated
pursuant to paragraph (3) of this subsection (b).
(2) The Essential Elements are attributable on a pro
rata basis related to defined subgroups of the ASE of each
Organizational Unit as specified in this paragraph (2),
with investments and FTE positions pro rata funded based on
ASE counts in excess of or less than the thresholds set
forth in this paragraph (2). The method for calculating
attributable pro rata costs and the defined subgroups
thereto are as follows:
(A) Core class size investments. Each
Organizational Unit shall receive the funding required
to support that number of FTE core teacher positions as
is needed to keep the respective class sizes of the
Organizational Unit to the following maximum numbers:
(i) For grades kindergarten through 3, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
15 Low-Income Count students in those grades and
one FTE core teacher position for every 20
non-Low-Income Count students in those grades.
(ii) For grades 4 through 12, the

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Organizational Unit shall receive funding required
to support one FTE core teacher position for every
20 Low-Income Count students in those grades and
one FTE core teacher position for every 25
non-Low-Income Count students in those grades.
The number of non-Low-Income Count students in a
grade shall be determined by subtracting the
Low-Income students in that grade from the ASE of the
Organizational Unit for that grade.
(B) Specialist teacher investments. Each
Organizational Unit shall receive the funding needed
to cover that number of FTE specialist teacher
positions that correspond to the following
percentages:
(i) if the Organizational Unit operates an
elementary or middle school, then 20.00% of the
number of the Organizational Unit's core teachers,
as determined under subparagraph (A) of this
paragraph (2); and
(ii) if such Organizational Unit operates a
high school, then 33.33% of the number of the
Organizational Unit's core teachers.
(C) Instructional facilitator investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE instructional facilitator position
for every 200 combined ASE of pre-kindergarten

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children with disabilities and all kindergarten
through grade 12 students of the Organizational Unit.
(D) Core intervention teacher (tutor) investments.
Each Organizational Unit shall receive the funding
needed to cover one FTE teacher position for each
prototypical elementary, middle, and high school.
(E) Substitute teacher investments. Each
Organizational Unit shall receive the funding needed
to cover substitute teacher costs that is equal to
5.70% of the minimum pupil attendance days required
under Section 10-19 of this Code for all full-time
equivalent core, specialist, and intervention
teachers, school nurses, special education teachers
and instructional assistants, instructional
facilitators, and summer school and extended day
teacher positions, as determined under this paragraph
(2), at a salary rate of 33.33% of the average salary
for grade K through 12 teachers and 33.33% of the
average salary of each instructional assistant
position.
(F) Core guidance counselor investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE guidance counselor for each 450
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 5
students, plus one FTE guidance counselor for each 250

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grades 6 through 8 ASE middle school students, plus one
FTE guidance counselor for each 250 grades 9 through 12
ASE high school students.
(G) Nurse investments. Each Organizational Unit
shall receive the funding needed to cover one FTE nurse
for each 750 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through grade
12 students across all grade levels it serves.
(H) Supervisory aide investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE for each 225 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE for
each 225 ASE middle school students, plus one FTE for
each 200 ASE high school students.
(I) Librarian investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
librarian for each prototypical elementary school,
middle school, and high school and one FTE aide or
media technician for every 300 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 12 students.
(J) Principal investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
principal position for each prototypical elementary
school, plus one FTE principal position for each

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prototypical middle school, plus one FTE principal
position for each prototypical high school.
(K) Assistant principal investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE assistant principal position for each
prototypical elementary school, plus one FTE assistant
principal position for each prototypical middle
school, plus one FTE assistant principal position for
each prototypical high school.
(L) School site staff investments. Each
Organizational Unit shall receive the funding needed
for one FTE position for each 225 ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE
position for each 225 ASE middle school students, plus
one FTE position for each 200 ASE high school students.
(M) Gifted investments. Each Organizational Unit
shall receive $40 per kindergarten through grade 12
ASE.
(N) Professional development investments. Each
Organizational Unit shall receive $125 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for trainers and other professional
development-related expenses for supplies and
materials.

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(O) Instructional material investments. Each
Organizational Unit shall receive $190 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover instructional material costs.
(P) Assessment investments. Each Organizational
Unit shall receive $25 per student of the combined ASE
of pre-kindergarten children with disabilities and all
kindergarten through grade 12 students to cover
assessment costs.
(Q) Computer technology and equipment investments.
Each Organizational Unit shall receive $285.50 per
student of the combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students to cover computer technology
and equipment costs. For the 2018-2019 school year and
subsequent school years, Organizational Units assigned
to Tier 1 and Tier 2 in the prior school year shall
receive an additional $285.50 per student of the
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover computer technology and equipment
costs in the Organizational Unit's Adequacy Target.
The State Board may establish additional requirements
for Organizational Unit expenditures of funds received
pursuant to this subparagraph (Q), including a

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requirement that funds received pursuant to this
subparagraph (Q) may be used only for serving the
technology needs of the district. It is the intent of
Public Act 100-465 that all Tier 1 and Tier 2 districts
receive the addition to their Adequacy Target in the
following year, subject to compliance with the
requirements of the State Board, which shall include,
at a minimum, a requirement that each district submit
documentation on how developmentally appropriate
computer literacy instruction is embedded in the
district's curriculum at each grade level.
(R) Student activities investments. Each
Organizational Unit shall receive the following
funding amounts to cover student activities: $100 per
kindergarten through grade 5 ASE student in elementary
school, plus $200 per ASE student in middle school,
plus $675 per ASE student in high school.
(S) Maintenance and operations investments. Each
Organizational Unit shall receive $1,038 per student
of the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for day-to-day maintenance and operations
expenditures, including salary, supplies, and
materials, as well as purchased services, but
excluding employee benefits. The proportion of salary
for the application of a Regionalization Factor and the

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calculation of benefits is equal to $352.92.
(T) Central office investments. Each
Organizational Unit shall receive $742 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover central office operations, including
administrators and classified personnel charged with
managing the instructional programs, business and
operations of the school district, and security
personnel. The proportion of salary for the
application of a Regionalization Factor and the
calculation of benefits is equal to $368.48.
(U) Employee benefit investments. Each
Organizational Unit shall receive 30% of the total of
all salary-calculated elements of the Adequacy Target,
excluding substitute teachers and student activities
investments, to cover benefit costs. For central
office and maintenance and operations investments, the
benefit calculation shall be based upon the salary
proportion of each investment. If at any time the
responsibility for funding the employer normal cost of
teacher pensions is assigned to school districts, then
that amount certified by the Teachers' Retirement
System of the State of Illinois to be paid by the
Organizational Unit for the preceding school year
shall be added to the benefit investment. For any

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fiscal year in which a school district organized under
Article 34 of this Code is responsible for paying the
employer normal cost of teacher pensions, then that
amount of its employer normal cost plus the amount for
retiree health insurance as certified by the Public
School Teachers' Pension and Retirement Fund of
Chicago to be paid by the school district for the
preceding school year that is statutorily required to
cover employer normal costs and the amount for retiree
health insurance shall be added to the 30% specified in
this subparagraph (U). The Teachers' Retirement System
of the State of Illinois and the Public School
Teachers' Pension and Retirement Fund of Chicago shall
submit such information as the State Superintendent
may require for the calculations set forth in this
subparagraph (U).
(V) Additional investments in low-income students.
In addition to and not in lieu of all other funding
under this paragraph (2), each Organizational Unit
shall receive funding based on the average teacher
salary for grades K through 12 to cover the costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 Low-Income Count students;
(ii) one FTE pupil support staff position for
every 125 Low-Income Count students;
(iii) one FTE extended day teacher position

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for every 120 Low-Income Count students; and
(iv) one FTE summer school teacher position
for every 120 Low-Income Count students.
(W) Additional investments in English learner
students. In addition to and not in lieu of all other
funding under this paragraph (2), each Organizational
Unit shall receive funding based on the average teacher
salary for grades K through 12 to cover the costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 English learner students;
(ii) one FTE pupil support staff position for
every 125 English learner students;
(iii) one FTE extended day teacher position
for every 120 English learner students;
(iv) one FTE summer school teacher position
for every 120 English learner students; and
(v) one FTE core teacher position for every 100
English learner students.
(X) Special education investments. Each
Organizational Unit shall receive funding based on the
average teacher salary for grades K through 12 to cover
special education as follows:
(i) one FTE teacher position for every 141
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students;

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(ii) one FTE instructional assistant for every
141 combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students; and
(iii) one FTE psychologist position for every
1,000 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through
grade 12 students.
(3) For calculating the salaries included within the
Essential Elements, the State Superintendent shall
annually calculate average salaries to the nearest dollar
using the employment information system data maintained by
the State Board, limited to public schools only and
excluding special education and vocational cooperatives,
schools operated by the Department of Juvenile Justice, and
charter schools, for the following positions:
(A) Teacher for grades K through 8.
(B) Teacher for grades 9 through 12.
(C) Teacher for grades K through 12.
(D) Guidance counselor for grades K through 8.
(E) Guidance counselor for grades 9 through 12.
(F) Guidance counselor for grades K through 12.
(G) Social worker.
(H) Psychologist.
(I) Librarian.
(J) Nurse.

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(K) Principal.
(L) Assistant principal.
For the purposes of this paragraph (3), "teacher"
includes core teachers, specialist and elective teachers,
instructional facilitators, tutors, special education
teachers, pupil support staff teachers, English learner
teachers, extended day teachers, and summer school
teachers. Where specific grade data is not required for the
Essential Elements, the average salary for corresponding
positions shall apply. For substitute teachers, the
average teacher salary for grades K through 12 shall apply.
For calculating the salaries included within the
Essential Elements for positions not included within EIS
Data, the following salaries shall be used in the first
year of implementation of Evidence-Based Funding:
(i) school site staff, $30,000; and
(ii) non-instructional assistant, instructional
assistant, library aide, library media tech, or
supervisory aide: $25,000.
In the second and subsequent years of implementation of
Evidence-Based Funding, the amounts in items (i) and (ii)
of this paragraph (3) shall annually increase by the ECI.
The salary amounts for the Essential Elements
determined pursuant to subparagraphs (A) through (L), (S)
and (T), and (V) through (X) of paragraph (2) of subsection
(b) of this Section shall be multiplied by a

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Regionalization Factor.
(c) Local Capacity calculation.
(1) Each Organizational Unit's Local Capacity
represents an amount of funding it is assumed to contribute
toward its Adequacy Target for purposes of the
Evidence-Based Funding formula calculation. "Local
Capacity" means either (i) the Organizational Unit's Local
Capacity Target as calculated in accordance with paragraph
(2) of this subsection (c) if its Real Receipts are equal
to or less than its Local Capacity Target or (ii) the
Organizational Unit's Adjusted Local Capacity, as
calculated in accordance with paragraph (3) of this
subsection (c) if Real Receipts are more than its Local
Capacity Target.
(2) "Local Capacity Target" means, for an
Organizational Unit, that dollar amount that is obtained by
multiplying its Adequacy Target by its Local Capacity
Ratio.
(A) An Organizational Unit's Local Capacity
Percentage is the conversion of the Organizational
Unit's Local Capacity Ratio, as such ratio is
determined in accordance with subparagraph (B) of this
paragraph (2), into a cumulative distribution
resulting in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The calculation of

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Local Capacity Percentage is described in subparagraph
(C) of this paragraph (2).
(B) An Organizational Unit's Local Capacity Ratio
in a given year is the percentage obtained by dividing
its Adjusted EAV or PTELL EAV, whichever is less, by
its Adequacy Target, with the resulting ratio further
adjusted as follows:
(i) for Organizational Units serving grades
kindergarten through 12 and Hybrid Districts, no
further adjustments shall be made;
(ii) for Organizational Units serving grades
kindergarten through 8, the ratio shall be
multiplied by 9/13;
(iii) for Organizational Units serving grades
9 through 12, the Local Capacity Ratio shall be
multiplied by 4/13; and
(iv) for an Organizational Unit with a
different grade configuration than those specified
in items (i) through (iii) of this subparagraph
(B), the State Superintendent shall determine a
comparable adjustment based on the grades served.
(C) The Local Capacity Percentage is equal to the
percentile ranking of the district. Local Capacity
Percentage converts each Organizational Unit's Local
Capacity Ratio to a cumulative distribution resulting
in a percentile ranking to determine each

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Organizational Unit's relative position to all other
Organizational Units in this State. The Local Capacity
Percentage cumulative distribution resulting in a
percentile ranking for each Organizational Unit shall
be calculated using the standard normal distribution
of the score in relation to the weighted mean and
weighted standard deviation and Local Capacity Ratios
of all Organizational Units. If the value assigned to
any Organizational Unit is in excess of 90%, the value
shall be adjusted to 90%. For Laboratory Schools, the
Local Capacity Percentage shall be set at 10% in
recognition of the absence of EAV and resources from
the public university that are allocated to the
Laboratory School. For programs operated by a regional
office of education or an intermediate service center,
the Local Capacity Percentage must be set at 10% in
recognition of the absence of EAV and resources from
school districts that are allocated to the regional
office of education or intermediate service center.
The weighted mean for the Local Capacity Percentage
shall be determined by multiplying each Organizational
Unit's Local Capacity Ratio times the ASE for the unit
creating a weighted value, summing the weighted values
of all Organizational Units, and dividing by the total
ASE of all Organizational Units. The weighted standard
deviation shall be determined by taking the square root

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of the weighted variance of all Organizational Units'
Local Capacity Ratio, where the variance is calculated
by squaring the difference between each unit's Local
Capacity Ratio and the weighted mean, then multiplying
the variance for each unit times the ASE for the unit
to create a weighted variance for each unit, then
summing all units' weighted variance and dividing by
the total ASE of all units.
(D) For any Organizational Unit, the
Organizational Unit's Adjusted Local Capacity Target
shall be reduced by either (i) the school board's
remaining contribution pursuant to paragraph (ii) of
subsection (b-4) of Section 16-158 of the Illinois
Pension Code in a given year or (ii) the board of
education's remaining contribution pursuant to
paragraph (iv) of subsection (b) of Section 17-129 of
the Illinois Pension Code absent the employer normal
cost portion of the required contribution and amount
allowed pursuant to subdivision (3) of Section
17-142.1 of the Illinois Pension Code in a given year.
In the preceding sentence, item (i) shall be certified
to the State Board of Education by the Teachers'
Retirement System of the State of Illinois and item
(ii) shall be certified to the State Board of Education
by the Public School Teachers' Pension and Retirement
Fund of the City of Chicago.

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(3) If an Organizational Unit's Real Receipts are more
than its Local Capacity Target, then its Local Capacity
shall equal an Adjusted Local Capacity Target as calculated
in accordance with this paragraph (3). The Adjusted Local
Capacity Target is calculated as the sum of the
Organizational Unit's Local Capacity Target and its Real
Receipts Adjustment. The Real Receipts Adjustment equals
the Organizational Unit's Real Receipts less its Local
Capacity Target, with the resulting figure multiplied by
the Local Capacity Percentage.
As used in this paragraph (3), "Real Percent of
Adequacy" means the sum of an Organizational Unit's Real
Receipts, CPPRT, and Base Funding Minimum, with the
resulting figure divided by the Organizational Unit's
Adequacy Target.
(d) Calculation of Real Receipts, EAV, and Adjusted EAV for
purposes of the Local Capacity calculation.
(1) An Organizational Unit's Real Receipts are the
product of its Applicable Tax Rate and its Adjusted EAV. An
Organizational Unit's Applicable Tax Rate is its Adjusted
Operating Tax Rate for property within the Organizational
Unit.
(2) The State Superintendent shall calculate the
equalized assessed valuation, or EAV, of all taxable
property of each Organizational Unit as of September 30 of
the previous year in accordance with paragraph (3) of this

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subsection (d). The State Superintendent shall then
determine the Adjusted EAV of each Organizational Unit in
accordance with paragraph (4) of this subsection (d), which
Adjusted EAV figure shall be used for the purposes of
calculating Local Capacity.
(3) To calculate Real Receipts and EAV, the Department
of Revenue shall supply to the State Superintendent the
value as equalized or assessed by the Department of Revenue
of all taxable property of every Organizational Unit,
together with (i) the applicable tax rate used in extending
taxes for the funds of the Organizational Unit as of
September 30 of the previous year and (ii) the limiting
rate for all Organizational Units subject to property tax
extension limitations as imposed under PTELL.
(A) The Department of Revenue shall add to the
equalized assessed value of all taxable property of
each Organizational Unit situated entirely or
partially within a county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property
Tax Code (i) an amount equal to the total amount by
which the homestead exemption allowed under Section
15-176 or 15-177 of the Property Tax Code for real
property situated in that Organizational Unit exceeds
the total amount that would have been allowed in that
Organizational Unit if the maximum reduction under
Section 15-176 was (I) $4,500 in Cook County or $3,500

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in all other counties in tax year 2003 or (II) $5,000
in all counties in tax year 2004 and thereafter and
(ii) an amount equal to the aggregate amount for the
taxable year of all additional exemptions under
Section 15-175 of the Property Tax Code for owners with
a household income of $30,000 or less. The county clerk
of any county that is or was subject to the provisions
of Section 15-176 or 15-177 of the Property Tax Code
shall annually calculate and certify to the Department
of Revenue for each Organizational Unit all homestead
exemption amounts under Section 15-176 or 15-177 of the
Property Tax Code and all amounts of additional
exemptions under Section 15-175 of the Property Tax
Code for owners with a household income of $30,000 or
less. It is the intent of this subparagraph (A) that if
the general homestead exemption for a parcel of
property is determined under Section 15-176 or 15-177
of the Property Tax Code rather than Section 15-175,
then the calculation of EAV shall not be affected by
the difference, if any, between the amount of the
general homestead exemption allowed for that parcel of
property under Section 15-176 or 15-177 of the Property
Tax Code and the amount that would have been allowed
had the general homestead exemption for that parcel of
property been determined under Section 15-175 of the
Property Tax Code. It is further the intent of this

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subparagraph (A) that if additional exemptions are
allowed under Section 15-175 of the Property Tax Code
for owners with a household income of less than
$30,000, then the calculation of EAV shall not be
affected by the difference, if any, because of those
additional exemptions.
(B) With respect to any part of an Organizational
Unit within a redevelopment project area in respect to
which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Division 74.4 of Article
11 of the Illinois Municipal Code, or the Industrial
Jobs Recovery Law, Division 74.6 of Article 11 of the
Illinois Municipal Code, no part of the current EAV of
real property located in any such project area that is
attributable to an increase above the total initial EAV
of such property shall be used as part of the EAV of
the Organizational Unit, until such time as all
redevelopment project costs have been paid, as
provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35
of the Industrial Jobs Recovery Law. For the purpose of
the EAV of the Organizational Unit, the total initial
EAV or the current EAV, whichever is lower, shall be
used until such time as all redevelopment project costs
have been paid.

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(B-5) The real property equalized assessed
valuation for a school district shall be adjusted by
subtracting from the real property value, as equalized
or assessed by the Department of Revenue, for the
district an amount computed by dividing the amount of
any abatement of taxes under Section 18-170 of the
Property Tax Code by 3.00% for a district maintaining
grades kindergarten through 12, by 2.30% for a district
maintaining grades kindergarten through 8, or by 1.05%
for a district maintaining grades 9 through 12 and
adjusted by an amount computed by dividing the amount
of any abatement of taxes under subsection (a) of
Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in this
subparagraph (B-5).
(C) For Organizational Units that are Hybrid
Districts, the State Superintendent shall use the
lesser of the adjusted equalized assessed valuation
for property within the partial elementary unit
district for elementary purposes, as defined in
Article 11E of this Code, or the adjusted equalized
assessed valuation for property within the partial
elementary unit district for high school purposes, as
defined in Article 11E of this Code.
(4) An Organizational Unit's Adjusted EAV shall be the
average of its EAV over the immediately preceding 3 years

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or its EAV in the immediately preceding year if the EAV in
the immediately preceding year has declined by 10% or more
compared to the 3-year average. In the event of
Organizational Unit reorganization, consolidation, or
annexation, the Organizational Unit's Adjusted EAV for the
first 3 years after such change shall be as follows: the
most current EAV shall be used in the first year, the
average of a 2-year EAV or its EAV in the immediately
preceding year if the EAV declines by 10% or more compared
to the 2-year average for the second year, and a 3-year
average EAV or its EAV in the immediately preceding year if
the Adjusted EAV declines by 10% or more compared to the
3-year average for the third year. For any school district
whose EAV in the immediately preceding year is used in
calculations, in the following year, the Adjusted EAV shall
be the average of its EAV over the immediately preceding 2
years or the immediately preceding year if that year
represents a decline of 10% or more compared to the 2-year
average.
"PTELL EAV" means a figure calculated by the State
Board for Organizational Units subject to PTELL as
described in this paragraph (4) for the purposes of
calculating an Organizational Unit's Local Capacity Ratio.
Except as otherwise provided in this paragraph (4), the
PTELL EAV of an Organizational Unit shall be equal to the
product of the equalized assessed valuation last used in

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the calculation of general State aid under Section 18-8.05
of this Code (now repealed) or Evidence-Based Funding under
this Section and the Organizational Unit's Extension
Limitation Ratio. If an Organizational Unit has approved or
does approve an increase in its limiting rate, pursuant to
Section 18-190 of the Property Tax Code, affecting the Base
Tax Year, the PTELL EAV shall be equal to the product of
the equalized assessed valuation last used in the
calculation of general State aid under Section 18-8.05 of
this Code (now repealed) or Evidence-Based Funding under
this Section multiplied by an amount equal to one plus the
percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the
United States Department of Labor for the 12-month calendar
year preceding the Base Tax Year, plus the equalized
assessed valuation of new property, annexed property, and
recovered tax increment value and minus the equalized
assessed valuation of disconnected property.
As used in this paragraph (4), "new property" and
"recovered tax increment value" shall have the meanings set
forth in the Property Tax Extension Limitation Law.
(e) Base Funding Minimum calculation.
(1) For the 2017-2018 school year, the Base Funding
Minimum of an Organizational Unit or a Specially Funded
Unit shall be the amount of State funds distributed to the
Organizational Unit or Specially Funded Unit during the

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2016-2017 school year prior to any adjustments and
specified appropriation amounts described in this
paragraph (1) from the following Sections, as calculated by
the State Superintendent: Section 18-8.05 of this Code (now
repealed); Section 5 of Article 224 of Public Act 99-524
(equity grants); Section 14-7.02b of this Code (funding for
children requiring special education services); Section
14-13.01 of this Code (special education facilities and
staffing), except for reimbursement of the cost of
transportation pursuant to Section 14-13.01; Section
14C-12 of this Code (English learners); and Section 18-4.3
of this Code (summer school), based on an appropriation
level of $13,121,600. For a school district organized under
Article 34 of this Code, the Base Funding Minimum also
includes (i) the funds allocated to the school district
pursuant to Section 1D-1 of this Code attributable to
funding programs authorized by the Sections of this Code
listed in the preceding sentence and (ii) the difference
between (I) the funds allocated to the school district
pursuant to Section 1D-1 of this Code attributable to the
funding programs authorized by Section 14-7.02 (non-public
special education reimbursement), subsection (b) of
Section 14-13.01 (special education transportation),
Section 29-5 (transportation), Section 2-3.80
(agricultural education), Section 2-3.66 (truants'
alternative education), Section 2-3.62 (educational

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service centers), and Section 14-7.03 (special education -
orphanage) of this Code and Section 15 of the Childhood
Hunger Relief Act (free breakfast program) and (II) the
school district's actual expenditures for its non-public
special education, special education transportation,
transportation programs, agricultural education, truants'
alternative education, services that would otherwise be
performed by a regional office of education, special
education orphanage expenditures, and free breakfast, as
most recently calculated and reported pursuant to
subsection (f) of Section 1D-1 of this Code. The Base
Funding Minimum for Glenwood Academy shall be $625,500. For
programs operated by a regional office of education or an
intermediate service center, the Base Funding Minimum must
be the total amount of State funds allocated to those
programs in the 2018-2019 school year and amounts provided
pursuant to Article 34 of Public Act 100-586 and Section
3-16 of this Code. All programs established after June 5,
2019 (the effective date of Public Act 101-10) and
administered by a regional office of education or an
intermediate service center must have an initial Base
Funding Minimum set to an amount equal to the first-year
ASE multiplied by the amount of per pupil funding received
in the previous school year by the lowest funded similar
existing program type. If the enrollment for a program
operated by a regional office of education or an

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intermediate service center is zero, then it may not
receive Base Funding Minimum funds for that program in the
next fiscal year, and those funds must be distributed to
Organizational Units under subsection (g).
(2) For the 2018-2019 and subsequent school years, the
Base Funding Minimum of Organizational Units and Specially
Funded Units shall be the sum of (i) the amount of
Evidence-Based Funding for the prior school year, (ii) the
Base Funding Minimum for the prior school year, and (iii)
any amount received by a school district pursuant to
Section 7 of Article 97 of Public Act 100-21.
(3) Subject to approval by the General Assembly as
provided in this paragraph (3), an Organizational Unit that
meets all of the following criteria, as determined by the
State Board, shall have District Intervention Money added
to its Base Funding Minimum at the time the Base Funding
Minimum is calculated by the State Board:
(A) The Organizational Unit is operating under an
Independent Authority under Section 2-3.25f-5 of this
Code for a minimum of 4 school years or is subject to
the control of the State Board pursuant to a court
order for a minimum of 4 school years.
(B) The Organizational Unit was designated as a
Tier 1 or Tier 2 Organizational Unit in the previous
school year under paragraph (3) of subsection (g) of
this Section.

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(C) The Organizational Unit demonstrates
sustainability through a 5-year financial and
strategic plan.
(D) The Organizational Unit has made sufficient
progress and achieved sufficient stability in the
areas of governance, academic growth, and finances.
As part of its determination under this paragraph (3),
the State Board may consider the Organizational Unit's
summative designation, any accreditations of the
Organizational Unit, or the Organizational Unit's
financial profile, as calculated by the State Board.
If the State Board determines that an Organizational
Unit has met the criteria set forth in this paragraph (3),
it must submit a report to the General Assembly, no later
than January 2 of the fiscal year in which the State Board
makes it determination, on the amount of District
Intervention Money to add to the Organizational Unit's Base
Funding Minimum. The General Assembly must review the State
Board's report and may approve or disapprove, by joint
resolution, the addition of District Intervention Money.
If the General Assembly fails to act on the report within
40 calendar days from the receipt of the report, the
addition of District Intervention Money is deemed
approved. If the General Assembly approves the amount of
District Intervention Money to be added to the
Organizational Unit's Base Funding Minimum, the District

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Intervention Money must be added to the Base Funding
Minimum annually thereafter.
For the first 4 years following the initial year that
the State Board determines that an Organizational Unit has
met the criteria set forth in this paragraph (3) and has
received funding under this Section, the Organizational
Unit must annually submit to the State Board, on or before
November 30, a progress report regarding its financial and
strategic plan under subparagraph (C) of this paragraph
(3). The plan shall include the financial data from the
past 4 annual financial reports or financial audits that
must be presented to the State Board by November 15 of each
year and the approved budget financial data for the current
year. The plan shall be developed according to the
guidelines presented to the Organizational Unit by the
State Board. The plan shall further include financial
projections for the next 3 fiscal years and include a
discussion and financial summary of the Organizational
Unit's facility needs. If the Organizational Unit does not
demonstrate sufficient progress toward its 5-year plan or
if it has failed to file an annual financial report, an
annual budget, a financial plan, a deficit reduction plan,
or other financial information as required by law, the
State Board may establish a Financial Oversight Panel under
Article 1H of this Code. However, if the Organizational
Unit already has a Financial Oversight Panel, the State

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Board may extend the duration of the Panel.
(f) Percent of Adequacy and Final Resources calculation.
(1) The Evidence-Based Funding formula establishes a
Percent of Adequacy for each Organizational Unit in order
to place such units into tiers for the purposes of the
funding distribution system described in subsection (g) of
this Section. Initially, an Organizational Unit's
Preliminary Resources and Preliminary Percent of Adequacy
are calculated pursuant to paragraph (2) of this subsection
(f). Then, an Organizational Unit's Final Resources and
Final Percent of Adequacy are calculated to account for the
Organizational Unit's poverty concentration levels
pursuant to paragraphs (3) and (4) of this subsection (f).
(2) An Organizational Unit's Preliminary Resources are
equal to the sum of its Local Capacity Target, CPPRT, and
Base Funding Minimum. An Organizational Unit's Preliminary
Percent of Adequacy is the lesser of (i) its Preliminary
Resources divided by its Adequacy Target or (ii) 100%.
(3) Except for Specially Funded Units, an
Organizational Unit's Final Resources are equal to the sum
of its Local Capacity, CPPRT, and Adjusted Base Funding
Minimum. The Base Funding Minimum of each Specially Funded
Unit shall serve as its Final Resources, except that the
Base Funding Minimum for State-approved charter schools
shall not include any portion of general State aid
allocated in the prior year based on the per capita tuition

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charge times the charter school enrollment.
(4) An Organizational Unit's Final Percent of Adequacy
is its Final Resources divided by its Adequacy Target. An
Organizational Unit's Adjusted Base Funding Minimum is
equal to its Base Funding Minimum less its Supplemental
Grant Funding, with the resulting figure added to the
product of its Supplemental Grant Funding and Preliminary
Percent of Adequacy.
(g) Evidence-Based Funding formula distribution system.
(1) In each school year under the Evidence-Based
Funding formula, each Organizational Unit receives funding
equal to the sum of its Base Funding Minimum and the unit's
allocation of New State Funds determined pursuant to this
subsection (g). To allocate New State Funds, the
Evidence-Based Funding formula distribution system first
places all Organizational Units into one of 4 tiers in
accordance with paragraph (3) of this subsection (g), based
on the Organizational Unit's Final Percent of Adequacy. New
State Funds are allocated to each of the 4 tiers as
follows: Tier 1 Aggregate Funding equals 50% of all New
State Funds, Tier 2 Aggregate Funding equals 49% of all New
State Funds, Tier 3 Aggregate Funding equals 0.9% of all
New State Funds, and Tier 4 Aggregate Funding equals 0.1%
of all New State Funds. Each Organizational Unit within
Tier 1 or Tier 2 receives an allocation of New State Funds
equal to its tier Funding Gap, as defined in the following

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sentence, multiplied by the tier's Allocation Rate
determined pursuant to paragraph (4) of this subsection
(g). For Tier 1, an Organizational Unit's Funding Gap
equals the tier's Target Ratio, as specified in paragraph
(5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources. For Tier 2, an Organizational Unit's Funding Gap
equals the tier's Target Ratio, as described in paragraph
(5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources and its Tier 1 funding allocation. To determine
the Organizational Unit's Funding Gap, the resulting
amount is then multiplied by a factor equal to one minus
the Organizational Unit's Local Capacity Target
percentage. Each Organizational Unit within Tier 3 or Tier
4 receives an allocation of New State Funds equal to the
product of its Adequacy Target and the tier's Allocation
Rate, as specified in paragraph (4) of this subsection (g).
(2) To ensure equitable distribution of dollars for all
Tier 2 Organizational Units, no Tier 2 Organizational Unit
shall receive fewer dollars per ASE than any Tier 3
Organizational Unit. Each Tier 2 and Tier 3 Organizational
Unit shall have its funding allocation divided by its ASE.
Any Tier 2 Organizational Unit with a funding allocation

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per ASE below the greatest Tier 3 allocation per ASE shall
get a funding allocation equal to the greatest Tier 3
funding allocation per ASE multiplied by the
Organizational Unit's ASE. Each Tier 2 Organizational
Unit's Tier 2 funding allocation shall be multiplied by the
percentage calculated by dividing the original Tier 2
Aggregate Funding by the sum of all Tier 2 Organizational
Units' Tier 2 funding allocation after adjusting
districts' funding below Tier 3 levels.
(3) Organizational Units are placed into one of 4 tiers
as follows:
(A) Tier 1 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy less than the Tier 1 Target Ratio. The Tier 1
Target Ratio is the ratio level that allows for Tier 1
Aggregate Funding to be distributed, with the Tier 1
Allocation Rate determined pursuant to paragraph (4)
of this subsection (g).
(B) Tier 2 consists of all Tier 1 Units and all
other Organizational Units, except for Specially
Funded Units, with a Percent of Adequacy of less than
0.90.
(C) Tier 3 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy of at least 0.90 and less than 1.0.
(D) Tier 4 consists of all Organizational Units

10100HB2170sam001 - 264 - LRB101 07409 CMG 74497 a
with a Percent of Adequacy of at least 1.0.
(4) The Allocation Rates for Tiers 1 through 4 are
determined as follows:
(A) The Tier 1 Allocation Rate is 30%.
(B) The Tier 2 Allocation Rate is the result of the
following equation: Tier 2 Aggregate Funding, divided
by the sum of the Funding Gaps for all Tier 2
Organizational Units, unless the result of such
equation is higher than 1.0. If the result of such
equation is higher than 1.0, then the Tier 2 Allocation
Rate is 1.0.
(C) The Tier 3 Allocation Rate is the result of the
following equation: Tier 3 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 3
Organizational Units.
(D) The Tier 4 Allocation Rate is the result of the
following equation: Tier 4 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 4
Organizational Units.
(5) A tier's Target Ratio is determined as follows:
(A) The Tier 1 Target Ratio is the ratio level that
allows for Tier 1 Aggregate Funding to be distributed
with the Tier 1 Allocation Rate.
(B) The Tier 2 Target Ratio is 0.90.
(C) The Tier 3 Target Ratio is 1.0.
(6) If, at any point, the Tier 1 Target Ratio is

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greater than 90%, then than all Tier 1 funding shall be
allocated to Tier 2 and no Tier 1 Organizational Unit's
funding may be identified.
(7) In the event that all Tier 2 Organizational Units
receive funding at the Tier 2 Target Ratio level, any
remaining New State Funds shall be allocated to Tier 3 and
Tier 4 Organizational Units.
(8) If any Specially Funded Units, excluding Glenwood
Academy, recognized by the State Board do not qualify for
direct funding following the implementation of Public Act
100-465 from any of the funding sources included within the
definition of Base Funding Minimum, the unqualified
portion of the Base Funding Minimum shall be transferred to
one or more appropriate Organizational Units as determined
by the State Superintendent based on the prior year ASE of
the Organizational Units.
(8.5) If a school district withdraws from a special
education cooperative, the portion of the Base Funding
Minimum that is attributable to the school district may be
redistributed to the school district upon withdrawal. The
school district and the cooperative must include the amount
of the Base Funding Minimum that is to be reapportioned in
their withdrawal agreement and notify the State Board of
the change with a copy of the agreement upon withdrawal.
(9) The Minimum Funding Level is intended to establish
a target for State funding that will keep pace with

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inflation and continue to advance equity through the
Evidence-Based Funding formula. The target for State
funding of New Property Tax Relief Pool Funds is
$50,000,000 for State fiscal year 2019 and subsequent State
fiscal years. The Minimum Funding Level is equal to
$350,000,000. In addition to any New State Funds, no more
than $50,000,000 New Property Tax Relief Pool Funds may be
counted toward the Minimum Funding Level. If the sum of New
State Funds and applicable New Property Tax Relief Pool
Funds are less than the Minimum Funding Level, than funding
for tiers shall be reduced in the following manner:
(A) First, Tier 4 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds until such time as
Tier 4 funding is exhausted.
(B) Next, Tier 3 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 funding until such time as Tier 3 funding is
exhausted.
(C) Next, Tier 2 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 and Tier 3.
(D) Finally, Tier 1 funding shall be reduced by an
amount equal to the difference between the Minimum

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Funding level and New State Funds and the reduction in
Tier 2, 3, and 4 funding. In addition, the Allocation
Rate for Tier 1 shall be reduced to a percentage equal
to the Tier 1 Allocation Rate set by paragraph (4) of
this subsection (g), multiplied by the result of New
State Funds divided by the Minimum Funding Level.
(9.5) For State fiscal year 2019 and subsequent State
fiscal years, if New State Funds exceed $300,000,000, then
any amount in excess of $300,000,000 shall be dedicated for
purposes of Section 2-3.170 of this Code up to a maximum of
$50,000,000.
(10) In the event of a decrease in the amount of the
appropriation for this Section in any fiscal year after
implementation of this Section, the Organizational Units
receiving Tier 1 and Tier 2 funding, as determined under
paragraph (3) of this subsection (g), shall be held
harmless by establishing a Base Funding Guarantee equal to
the per pupil kindergarten through grade 12 funding
received in accordance with this Section in the prior
fiscal year. Reductions shall be made to the Base Funding
Minimum of Organizational Units in Tier 3 and Tier 4 on a
per pupil basis equivalent to the total number of the ASE
in Tier 3-funded and Tier 4-funded Organizational Units
divided by the total reduction in State funding. The Base
Funding Minimum as reduced shall continue to be applied to
Tier 3 and Tier 4 Organizational Units and adjusted by the

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relative formula when increases in appropriations for this
Section resume. In no event may State funding reductions to
Organizational Units in Tier 3 or Tier 4 exceed an amount
that would be less than the Base Funding Minimum
established in the first year of implementation of this
Section. If additional reductions are required, all school
districts shall receive a reduction by a per pupil amount
equal to the aggregate additional appropriation reduction
divided by the total ASE of all Organizational Units.
(11) The State Superintendent shall make minor
adjustments to the distribution formula set forth in this
subsection (g) to account for the rounding of percentages
to the nearest tenth of a percentage and dollar amounts to
the nearest whole dollar.
(h) State Superintendent administration of funding and
district submission requirements.
(1) The State Superintendent shall, in accordance with
appropriations made by the General Assembly, meet the
funding obligations created under this Section.
(2) The State Superintendent shall calculate the
Adequacy Target for each Organizational Unit and Net State
Contribution Target for each Organizational Unit under
this Section. No Evidence-Based Funding shall be
distributed within an Organizational Unit without the
approval of the unit's school board.
(3) Annually, the State Superintendent shall calculate

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and report to each Organizational Unit the unit's aggregate
financial adequacy amount, which shall be the sum of the
Adequacy Target for each Organizational Unit. The State
Superintendent shall calculate and report separately for
each Organizational Unit the unit's total State funds
allocated for its students with disabilities. The State
Superintendent shall calculate and report separately for
each Organizational Unit the amount of funding and
applicable FTE calculated for each Essential Element of the
unit's Adequacy Target.
(4) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the amount the unit
must expend on special education and bilingual education
and computer technology and equipment for Organizational
Units assigned to Tier 1 or Tier 2 that received an
additional $285.50 per student computer technology and
equipment investment grant to their Adequacy Target
pursuant to the unit's Base Funding Minimum, Special
Education Allocation, Bilingual Education Allocation, and
computer technology and equipment investment allocation.
(5) Moneys distributed under this Section shall be
calculated on a school year basis, but paid on a fiscal
year basis, with payments beginning in August and extending
through June. Unless otherwise provided, the moneys
appropriated for each fiscal year shall be distributed in
22 equal payments at least 2 times monthly to each

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Organizational Unit. If moneys appropriated for any fiscal
year are distributed other than monthly, the distribution
shall be on the same basis for each Organizational Unit.
(6) Any school district that fails, for any given
school year, to maintain school as required by law or to
maintain a recognized school is not eligible to receive
Evidence-Based Funding. In case of non-recognition of one
or more attendance centers in a school district otherwise
operating recognized schools, the claim of the district
shall be reduced in the proportion that the enrollment in
the attendance center or centers bears to the enrollment of
the school district. "Recognized school" means any public
school that meets the standards for recognition by the
State Board. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal
claim that was filed while it was recognized.
(7) School district claims filed under this Section are
subject to Sections 18-9 and 18-12 of this Code, except as
otherwise provided in this Section.
(8) Each fiscal year, the State Superintendent shall
calculate for each Organizational Unit an amount of its
Base Funding Minimum and Evidence-Based Funding that shall
be deemed attributable to the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, in a manner that ensures compliance

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with maintenance of State financial support requirements
under the federal Individuals with Disabilities Education
Act. An Organizational Unit must use such funds only for
the provision of special educational facilities and
services, as defined in Section 14-1.08 of this Code, and
must comply with any expenditure verification procedures
adopted by the State Board.
(9) All Organizational Units in this State must submit
annual spending plans by the end of September of each year
to the State Board as part of the annual budget process,
which shall describe how each Organizational Unit will
utilize the Base Funding Minimum and Evidence-Based
Funding it receives from this State under this Section with
specific identification of the intended utilization of
Low-Income, English learner, and special education
resources. Additionally, the annual spending plans of each
Organizational Unit shall describe how the Organizational
Unit expects to achieve student growth and how the
Organizational Unit will achieve State education goals, as
defined by the State Board. The State Superintendent may,
from time to time, identify additional requisites for
Organizational Units to satisfy when compiling the annual
spending plans required under this subsection (h). The
format and scope of annual spending plans shall be
developed by the State Superintendent and the State Board
of Education. School districts that serve students under

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Article 14C of this Code shall continue to submit
information as required under Section 14C-12 of this Code.
(10) No later than January 1, 2018, the State
Superintendent shall develop a 5-year strategic plan for
all Organizational Units to help in planning for adequacy
funding under this Section. The State Superintendent shall
submit the plan to the Governor and the General Assembly,
as provided in Section 3.1 of the General Assembly
Organization Act. The plan shall include recommendations
for:
(A) a framework for collaborative, professional,
innovative, and 21st century learning environments
using the Evidence-Based Funding model;
(B) ways to prepare and support this State's
educators for successful instructional careers;
(C) application and enhancement of the current
financial accountability measures, the approved State
plan to comply with the federal Every Student Succeeds
Act, and the Illinois Balanced Accountability Measures
in relation to student growth and elements of the
Evidence-Based Funding model; and
(D) implementation of an effective school adequacy
funding system based on projected and recommended
funding levels from the General Assembly.
(11) On an annual basis, the State Superintendent must
recalibrate all of the following per pupil elements of the

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Adequacy Target and applied to the formulas, based on the
study of average expenses and as reported in the most
recent annual financial report:
(A) Gifted under subparagraph (M) of paragraph (2)
of subsection (b).
(B) Instructional materials under subparagraph (O)
of paragraph (2) of subsection (b).
(C) Assessment under subparagraph (P) of paragraph
(2) of subsection (b).
(D) Student activities under subparagraph (R) of
paragraph (2) of subsection (b).
(E) Maintenance and operations under subparagraph
(S) of paragraph (2) of subsection (b).
(F) Central office under subparagraph (T) of
paragraph (2) of subsection (b).
(i) Professional Review Panel.
(1) A Professional Review Panel is created to study and
review topics related to the implementation and effect of
Evidence-Based Funding, as assigned by a joint resolution
or Public Act of the General Assembly or a motion passed by
the State Board of Education. The Panel must provide
recommendations to and serve the Governor, the General
Assembly, and the State Board. The State Superintendent or
his or her designee must serve as a voting member and
chairperson of the Panel. The State Superintendent must
appoint a vice chairperson from the membership of the

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Panel. The Panel must advance recommendations based on a
three-fifths majority vote of Panel members present and
voting. A minority opinion may also accompany any
recommendation of the Panel. The Panel shall be appointed
by the State Superintendent, except as otherwise provided
in paragraph (2) of this subsection (i) and include the
following members:
(A) Two appointees that represent district
superintendents, recommended by a statewide
organization that represents district superintendents.
(B) Two appointees that represent school boards,
recommended by a statewide organization that
represents school boards.
(C) Two appointees from districts that represent
school business officials, recommended by a statewide
organization that represents school business
officials.
(D) Two appointees that represent school
principals, recommended by a statewide organization
that represents school principals.
(E) Two appointees that represent teachers,
recommended by a statewide organization that
represents teachers.
(F) Two appointees that represent teachers,
recommended by another statewide organization that
represents teachers.

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(G) Two appointees that represent regional
superintendents of schools, recommended by
organizations that represent regional superintendents.
(H) Two independent experts selected solely by the
State Superintendent.
(I) Two independent experts recommended by public
universities in this State.
(J) One member recommended by a statewide
organization that represents parents.
(K) Two representatives recommended by collective
impact organizations that represent major metropolitan
areas or geographic areas in Illinois.
(L) One member from a statewide organization
focused on research-based education policy to support
a school system that prepares all students for college,
a career, and democratic citizenship.
(M) One representative from a school district
organized under Article 34 of this Code.
The State Superintendent shall ensure that the
membership of the Panel includes representatives from
school districts and communities reflecting the
geographic, socio-economic, racial, and ethnic diversity
of this State. The State Superintendent shall additionally
ensure that the membership of the Panel includes
representatives with expertise in bilingual education and
special education. Staff from the State Board shall staff

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the Panel.
(2) In addition to those Panel members appointed by the
State Superintendent, 4 members of the General Assembly
shall be appointed as follows: one member of the House of
Representatives appointed by the Speaker of the House of
Representatives, one member of the Senate appointed by the
President of the Senate, one member of the House of
Representatives appointed by the Minority Leader of the
House of Representatives, and one member of the Senate
appointed by the Minority Leader of the Senate. There shall
be one additional member appointed by the Governor. All
members appointed by legislative leaders or the Governor
shall be non-voting, ex officio members.
(3) The Panel must study topics at the direction of the
General Assembly or State Board of Education, as provided
under paragraph (1). The Panel may also study the following
topics at the direction of the chairperson:
(A) The format and scope of annual spending plans
referenced in paragraph (9) of subsection (h) of this
Section.
(B) The Comparable Wage Index under this Section.
(C) Maintenance and operations, including capital
maintenance and construction costs.
(D) "At-risk student" definition.
(E) Benefits.
(F) Technology.

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(G) Local Capacity Target.
(H) Funding for Alternative Schools, Laboratory
Schools, safe schools, and alternative learning
opportunities programs.
(I) Funding for college and career acceleration
strategies.
(J) Special education investments.
(K) Early childhood investments, in collaboration
with the Illinois Early Learning Council.
(4) (Blank).
(5) Within 5 years after the implementation of this
Section, and every 5 years thereafter, the Panel shall
complete an evaluative study of the entire Evidence-Based
Funding model, including an assessment of whether or not
the formula is achieving State goals. The Panel shall
report to the State Board, the General Assembly, and the
Governor on the findings of the study.
(6) (Blank).
(j) References. Beginning July 1, 2017, references in other
laws to general State aid funds or calculations under Section
18-8.05 of this Code (now repealed) shall be deemed to be
references to evidence-based model formula funds or
calculations under this Section.
(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)

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(105 ILCS 5/27-22) (from Ch. 122, par. 27-22)
Sec. 27-22. Required high school courses.
(a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) As a prerequisite to receiving a high school diploma,
each pupil entering the 9th grade must, in addition to other
course requirements, successfully complete all of the
following courses:
(1) Four years of language arts.
(2) Two years of writing intensive courses, one of
which must be English and the other of which may be English
or any other subject. When applicable, writing-intensive
courses may be counted towards the fulfillment of other
graduation requirements.
(3) Three years of mathematics, one of which must be
Algebra I, one of which must include geometry content, and
one of which may be an Advanced Placement computer science
course. A mathematics course that includes geometry
content may be offered as an integrated, applied,
interdisciplinary, or career and technical education
course that prepares a student for a career readiness path.
(3.5) For pupils entering the 9th grade in the
2021-2022 school year and each school year thereafter, one

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year of a course that includes intensive instruction in
computer literacy, which may be English, social studies, or
any other subject and which may be counted toward the
fulfillment of other graduation requirements.
(4) Two years of science.
(5) Two years of social studies, of which at least one
year must be history of the United States or a combination
of history of the United States and American government
and, beginning with pupils entering the 9th grade in the
2016-2017 school year and each school year thereafter, at
least one semester must be civics, which shall help young
people acquire and learn to use the skills, knowledge, and
attitudes that will prepare them to be competent and
responsible citizens throughout their lives. Civics course
content shall focus on government institutions, the
discussion of current and controversial issues, service
learning, and simulations of the democratic process.
School districts may utilize private funding available for
the purposes of offering civics education.
(6) One year chosen from (A) music, (B) art, (C)
foreign language, which shall be deemed to include American
Sign Language, or (D) vocational education.
(f) The State Board of Education shall develop and inform
school districts of standards for writing-intensive
coursework.
(f-5) If a school district offers an Advanced Placement

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computer science course to high school students, then the
school board must designate that course as equivalent to a high
school mathematics course and must denote on the student's
transcript that the Advanced Placement computer science course
qualifies as a mathematics-based, quantitative course for
students in accordance with subdivision (3) of subsection (e)
of this Section.
(g) This amendatory Act of 1983 does not apply to pupils
entering the 9th grade in 1983-1984 school year and prior
school years or to students with disabilities whose course of
study is determined by an individualized education program.
This amendatory Act of the 94th General Assembly does not
apply to pupils entering the 9th grade in the 2004-2005 school
year or a prior school year or to students with disabilities
whose course of study is determined by an individualized
education program.
This amendatory Act of the 101st General Assembly does not
apply to pupils entering the 9th grade in the 2020-2021 school
year or a prior school year or to students with disabilities
whose course of study is determined by an individualized
education program.
(h) The provisions of this Section are subject to the
provisions of Section 27-22.05 of this Code and the
Postsecondary and Workforce Readiness Act.
(i) The State Board of Education may adopt rules to modify
the requirements of this Section for any students enrolled in

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grades 9 through 12 if the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act.
(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20;
101-643, eff. 6-18-20.)
(105 ILCS 5/27-23.15 new)
Sec. 27-23.15. Computer science.
(a) In this Section, "computer science" means the study of
computers and algorithms, including their principles, their
hardware and software designs, their implementation, and their
impact on society. "Computer science" does not include the
study of everyday uses of computers and computer applications,
such as keyboarding or accessing the Internet.
(b) Beginning with the 2022-2023 school year, the school
board of a school district that maintains any of grades 9
through 12 shall provide an opportunity for every high school
student to take at least one computer science course aligned to
rigorous learning standards of the State Board of Education.
Article 65.
Section 65-5. The School Code is amended by changing
Sections 14A-10 and 14A-32 as follows:
(105 ILCS 5/14A-10)

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Sec. 14A-10. Legislative findings. The General Assembly
finds the following:
(1) that gifted and talented children (i) exhibit high
performance capabilities in intellectual, creative, and
artistic areas, (ii) possess an exceptional leadership
potential, (iii) excel in specific academic fields, and
(iv) have the potential to be influential in business,
government, health care, the arts, and other critical
sectors of our economic and cultural environment;
(2) that gifted and talented children require services
and activities that are not ordinarily provided by schools;
and
(3) that outstanding talents are present in children
and youth from all cultural groups, across all economic
strata, and in all areas of human endeavor; and .
(4) that inequitable access to advanced coursework and
enrollment in accelerated placement programs exists
between children enrolled in different school districts
and even within the same school district and more must be
done to eliminate the barriers to access to advanced
coursework and enrollment in accelerated placement
programs for all children.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)
(105 ILCS 5/14A-32)
Sec. 14A-32. Accelerated placement; school district

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responsibilities.
(a) Each school district shall have a policy that allows
for accelerated placement that includes or incorporates by
reference the following components:
(1) a provision that provides that participation in
accelerated placement is not limited to those children who
have been identified as gifted and talented, but rather is
open to all children who demonstrate high ability and who
may benefit from accelerated placement;
(2) a fair and equitable decision-making process that
involves multiple persons and includes a student's parents
or guardians;
(3) procedures for notifying parents or guardians of a
child of a decision affecting that child's participation in
an accelerated placement program; and
(4) an assessment process that includes multiple
valid, reliable indicators.
(a-5) By no later than the beginning of the 2022-2023
school year, a school district's accelerated placement policy
shall allow for the automatic enrollment, in the following
school term, of a high school student into the next level of
advanced coursework offered by the high school if the student
meets or exceeds State standards in English language arts,
mathematics, or science on a State assessment administered
under Section 2-3.64a-5 as follows:
(1) A student who meets or exceeds State standards in

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English language arts shall be automatically enrolled into
the next level of advanced coursework in English, social
studies, humanities, or related subjects.
(2) A student who meets or exceeds State standards in
mathematics shall be automatically enrolled into the next
level of advanced coursework in mathematics.
(3) A student who meets or exceeds State standards in
science shall be automatically enrolled into the next level
of advanced coursework in science.
For a student entering grade 12, the next level of advanced
coursework under this subsection (a-5) shall be a dual credit
course, as defined in the Dual Credit Quality Act. For other
high school grades, the next level of advanced coursework may
include a dual credit course.
A school district may use the student's most recent State
assessment results to determine whether a student meets or
exceeds State standards. For a student entering grade 9,
results from the State assessment taken in grades 6 through 8
may be used. For other high school grades, the results from a
locally selected, nationally normed assessment may be used
instead of the State assessment if those results are the most
recent.
A school district must provide the parent or guardian of a
student eligible for automatic enrollment under this
subsection (a-5) with the option to instead have the student
enroll in alternative coursework that better aligns with the

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student's postsecondary education or career goals.
Nothing in this subsection (a-5) may be interpreted to
preclude other students from enrolling in advanced coursework
per the policy of a school district.
(b) Further, a school district's accelerated placement
policy may include or incorporate by reference, but need not be
limited to, the following components:
(1) procedures for annually informing the community
at-large, including parents or guardians, community-based
organizations, and providers of out-of-school programs,
about the accelerated placement program and the methods
used for the identification of children eligible for
accelerated placement, including strategies to reach
groups of students and families who have been historically
underrepresented in accelerated placement programs and
advanced coursework;
(2) a process for referral that allows for multiple
referrers, including a child's parents or guardians; other
referrers may include licensed education professionals,
the child, with the written consent of a parent or
guardian, a peer, through a licensed education
professional who has knowledge of the referred child's
abilities, or, in case of possible early entrance, a
preschool educator, pediatrician, or psychologist who
knows the child; and
(3) a provision that provides that children

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participating in an accelerated placement program and
their parents or guardians will be provided a written plan
detailing the type of acceleration the child will receive
and strategies to support the child; .
(4) procedures to provide support and promote success
for students who are newly enrolled in an accelerated
placement program; and
(5) a process for the school district to review and
utilize disaggregated data on participation in an
accelerated placement program to address gaps among
demographic groups in accelerated placement opportunities.
(c) The State Board of Education shall adopt rules to
determine data to be collected and disaggregated by demographic
group regarding accelerated placement, including the rates of
students who participate in and successfully complete advanced
coursework, and a method of making the information available to
the public.
(d) On or before November 1, 2021, following a review of
disaggregated data on the participation and successful
completion rates of students enrolled in an accelerated
placement program, each school district shall develop a plan to
expand access to its accelerated placement program and to
ensure the teaching capacity necessary to meet the increased
demand.
(Source: P.A. 100-421, eff. 7-1-18.)

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Article 70.
Section 70-5. The School Code is amended by changing
Section 22-45 as follows:
(105 ILCS 5/22-45)
Sec. 22-45. Illinois P-20 Council.
(a) The General Assembly finds that preparing Illinoisans
for success in school and the workplace requires a continuum of
quality education from preschool through graduate school. This
State needs a framework to guide education policy and integrate
education at every level. A statewide coordinating council to
study and make recommendations concerning education at all
levels can avoid fragmentation of policies, promote improved
teaching and learning, and continue to cultivate and
demonstrate strong accountability and efficiency. Establishing
an Illinois P-20 Council will develop a statewide agenda that
will move the State towards the common goals of improving
academic achievement, increasing college access and success,
improving use of existing data and measurements, developing
improved accountability, fostering innovative approaches to
education, promoting lifelong learning, easing the transition
to college, and reducing remediation. A pre-kindergarten
through grade 20 agenda will strengthen this State's economic
competitiveness by producing a highly-skilled workforce. In
addition, lifelong learning plans will enhance this State's

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ability to leverage funding.
(b) There is created the Illinois P-20 Council. The
Illinois P-20 Council shall include all of the following
members:
(1) The Governor or his or her designee, to serve as
chairperson.
(2) Four members of the General Assembly, one appointed
by the Speaker of the House of Representatives, one
appointed by the Minority Leader of the House of
Representatives, one appointed by the President of the
Senate, and one appointed by the Minority Leader of the
Senate.
(3) Six at-large members appointed by the Governor as
follows, with 2 members being from the City of Chicago, 2
members being from Lake County, McHenry County, Kane
County, DuPage County, Will County, or that part of Cook
County outside of the City of Chicago, and 2 members being
from the remainder of the State:
(A) one representative of civic leaders;
(B) one representative of local government;
(C) one representative of trade unions;
(D) one representative of nonprofit organizations
or foundations;
(E) one representative of parents' organizations;
and
(F) one education research expert.

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(4) Five members appointed by statewide business
organizations and business trade associations.
(5) Six members appointed by statewide professional
organizations and associations representing
pre-kindergarten through grade 20 teachers, community
college faculty, and public university faculty.
(6) Two members appointed by associations representing
local school administrators and school board members. One
of these members must be a special education administrator.
(7) One member representing community colleges,
appointed by the Illinois Council of Community College
Presidents.
(8) One member representing 4-year independent
colleges and universities, appointed by a statewide
organization representing private institutions of higher
learning.
(9) One member representing public 4-year
universities, appointed jointly by the university
presidents and chancellors.
(10) Ex-officio members as follows:
(A) The State Superintendent of Education or his or
her designee.
(B) The Executive Director of the Board of Higher
Education or his or her designee.
(C) The Executive Director of the Illinois
Community College Board or his or her designee.

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(D) The Executive Director of the Illinois Student
Assistance Commission or his or her designee.
(E) The Co-chairpersons of the Illinois Workforce
Investment Board or their designee.
(F) The Director of Commerce and Economic
Opportunity or his or her designee.
(G) The Chairperson of the Illinois Early Learning
Council or his or her designee.
(H) The President of the Illinois Mathematics and
Science Academy or his or her designee.
(I) The president of an association representing
educators of adult learners or his or her designee.
Ex-officio members shall have no vote on the Illinois P-20
Council.
Appointed members shall serve for staggered terms expiring
on July 1 of the first, second, or third calendar year
following their appointments or until their successors are
appointed and have qualified. Staggered terms shall be
determined by lot at the organizing meeting of the Illinois
P-20 Council.
Vacancies shall be filled in the same manner as original
appointments, and any member so appointed shall serve during
the remainder of the term for which the vacancy occurred.
(c) The Illinois P-20 Council shall be funded through State
appropriations to support staff activities, research,
data-collection, and dissemination. The Illinois P-20 Council

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shall be staffed by the Office of the Governor, in coordination
with relevant State agencies, boards, and commissions. The
Illinois Education Research Council shall provide research and
coordinate research collection activities for the Illinois
P-20 Council.
(d) The Illinois P-20 Council shall have all of the
following duties:
(1) To make recommendations to do all of the following:
(A) Coordinate pre-kindergarten through grade 20
(graduate school) education in this State through
working at the intersections of educational systems to
promote collaborative infrastructure.
(B) Coordinate and leverage strategies, actions,
legislation, policies, and resources of all
stakeholders to support fundamental and lasting
improvement in this State's public schools, community
colleges, and universities.
(C) Better align the high school curriculum with
postsecondary expectations.
(D) Better align assessments across all levels of
education.
(E) Reduce the need for students entering
institutions of higher education to take remedial
courses.
(F) Smooth the transition from high school to
college.

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(G) Improve high school and college graduation
rates.
(H) Improve the rigor and relevance of academic
standards for college and workforce readiness.
(I) Better align college and university teaching
programs with the needs of Illinois schools.
(2) To advise the Governor, the General Assembly, the
State's education and higher education agencies, and the
State's workforce and economic development boards and
agencies on policies related to lifelong learning for
Illinois students and families.
(3) To articulate a framework for systemic educational
improvement and innovation that will enable every student
to meet or exceed Illinois learning standards and be
well-prepared to succeed in the workforce and community.
(4) To provide an estimated fiscal impact for
implementation of all Council recommendations.
(5) To make recommendations for short-term and
long-term learning recovery actions for public school
students in this State in the wake of the COVID-19
pandemic. The Illinois P-20 Council shall submit a report
with its recommendations for a multi-year recovery plan by
December 31, 2021 to the Governor, the State Board of
Education, the Board of Higher Education, the Illinois
Community College Board, and the General Assembly that
addresses all of the following:

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(A) Closing the digital divide for all students,
including access to devices, Internet connectivity,
and ensuring that educators have the necessary support
and training to provide high quality remote and blended
learning to students.
(B) Evaluating the academic growth and proficiency
of students in order to understand the impact of school
closures and remote and blended remote learning
conditions on student academic outcomes, including
disaggregating data by race, income, diverse learners,
and English learners, in ways that balance the need to
understand that impact with the need to support student
well-being and also take into consideration the
logistical constraints facing schools and districts.
(C) Establishing a system for the collection and
review of student data at the State level, including
data about prekindergarten through higher education
student attendance, engagement and participation,
discipline, and social-emotional and mental health
inputs and outcomes, in order to better understand the
full impact of disrupted learning.
(D) Providing students with resources and programs
for academic support, such as enrichment
opportunities, tutoring corps, summer bridge programs,
youth leadership and development programs, youth and
community-led restorative and transformative justice

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programs, and youth internship and apprenticeship
programs.
(E) Providing students with resources and support
to ensure access to social-emotional learning, mental
health services, and trauma responsive, restorative
justice and anti-racist practices in order to support
the growth of the whole child, such as investing in
community schools and providing comprehensive
year-round services and support for both students and
their families.
(F) Ensuring more time for students' academic,
social-emotional, and mental health needs by
considering such strategies as: (i) extending planning
time for teachers, (ii) extending the school day and
school year, and (iii) transitioning to year-round
schooling.
(G) Strengthening the transition from secondary
education to postsecondary education in the wake of
threats to alignment and affordability created by the
pandemic and related conditions.
(e) The chairperson of the Illinois P-20 Council may
authorize the creation of working groups focusing on areas of
interest to Illinois educational and workforce development,
including without limitation the following areas:
(1) Preparation, recruitment, and certification of
highly qualified teachers.

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(2) Mentoring and induction of highly qualified
teachers.
(3) The diversity of highly qualified teachers.
(4) Funding for highly qualified teachers, including
developing a strategic and collaborative plan to seek
federal and private grants to support initiatives
targeting teacher preparation and its impact on student
achievement.
(5) Highly effective administrators.
(6) Illinois birth through age 3 education,
pre-kindergarten, and early childhood education.
(7) The assessment, alignment, outreach, and network
of college and workforce readiness efforts.
(8) Alternative routes to college access.
(9) Research data and accountability.
(10) Community schools, community participation, and
other innovative approaches to education that foster
community partnerships.
(11) Tuition, financial aid, and other issues related
to keeping postsecondary education affordable for Illinois
residents.
(12) Learning recovery in the wake of the COVID-19
pandemic.
The chairperson of the Illinois P-20 Council may designate
Council members to serve as working group chairpersons. Working
groups may invite organizations and individuals representing

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pre-kindergarten through grade 20 interests to participate in
discussions, data collection, and dissemination.
(Source: P.A. 98-463, eff. 8-16-13; 98-719, eff. 1-1-15;
99-643, eff. 1-1-17.)
Article 75.
Section 75-5. The State Finance Act is amended by adding
Section 5.935 as follows:
(30 ILCS 105/5.935 new)
Sec. 5.935. The Freedom Schools Fund.
Section 75-10. The School Code is amended by adding Section
2-3.186 as follows:
(105 ILCS 5/2-3.186 new)
Sec. 2-3.186. Freedom Schools; grant program.
(a) The General Assembly recognizes and values the
contributions that Freedom Schools make to enhance the lives of
Black students. The General Assembly makes all of the following
findings:
(1) The fundamental goal of the Freedom Schools of the
1960s was to create Black political power to defend the
interests of the disempowered. The curriculum of Freedom
Schools allowed students of all ages to experience a new

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and liberating form of education that directly related to
the imperatives of their lives, their communities, and the
Freedom Movement.
(2) Freedom Schools continue to demonstrate the proven
benefits of race modeling and intergenerational effects by
providing Black students with quality instruction that
fosters student confidence, resiliency, and social and
emotional development.
(3) Freedom Schools offer culturally relevant learning
opportunities with the academic and social supports that
Black children need by utilizing quality teaching,
challenging and engaging curricula, wrap-around supports,
a positive school climate, and strong ties to family and
community. Freedom Schools have a clear focus on results.
(4) Public schools serve a foundational role in the
education of over 2,000,000 students in this State.
(b) The State Board of Education shall establish Freedom
Schools to supplement the learning taking place in public
schools by expanding the teaching of Black history, developing
leadership skills, and providing an understanding of the tenets
of the civil rights movement. The teachers in Freedom Schools
must be college students or recent high school graduates from
the local community, with an emphasis on Black youth, so that
(i) these individuals have access to summer jobs and teaching
experiences that serve as a long-term pipeline to educational
careers and the hiring of Black educators in public schools,

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(ii) these individuals are elevated as content experts and
community leaders, and (iii) Freedom School students have
access to both role models and education.
(c) A Freedom School shall intentionally and imaginatively
implement strategies that focus on all of the following:
(1) Racial justice and equity.
(2) Transparency and building trusting relationships.
(3) Self-determination and governance.
(4) Building on community strengths and community
wisdom.
(5) Utilizing current data, best practices, and
evidence.
(6) Shared leadership and collaboration.
(7) A reflective learning culture.
(8) A whole-child approach to education.
(9) Literacy.
(d) The State Board of Education, in the establishment of
Freedom Schools, shall strive for authentic parent and
community engagement during the development of Freedom Schools
and their curriculum. Authentic parent and community
engagement includes all of the following:
(1) A shared responsibility that values equal
partnerships between families and professionals.
(2) Ensuring that students and families who are
directly impacted by Freedom School policies and practices
are the decision-makers in the creation, design,

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implementation, and assessment of those policies and
practices.
(3) Genuine respect for the culture and diversity of
families.
(4) Relationships that center around the goal of
supporting family well-being and children's development
and learning.
(e) Subject to appropriation, the State Board of Education
shall establish and implement a grant program to provide grants
to public schools, public community colleges, and
not-for-profit, community-based organizations to facilitate
improved educational outcomes for Black students in grades
pre-kindergarten through 12. Grant recipients under the
program may include, but are not limited to, entities that
offer established programs with proven results and outcomes.
The State Board of Education shall award grants to eligible
entities that demonstrate a likelihood of reasonable success in
achieving the goals identified in the grant application,
including, but not limited to, all of the following:
(1) Engaging, culturally relevant, and challenging
curricula.
(2) High-quality teaching.
(3) Wrap-around supports and opportunities.
(4) Positive discipline practices, such as restorative
justice.
(5) Inclusive leadership.

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(f) The Freedom Schools Fund is created as a special fund
in the State treasury. the Fund shall consist of appropriations
from the General Revenue Fund, grant funds from the federal
government, and donations from educational and private
foundations. All money in the Fund shall be used, subject to
appropriation, by the State Board of Education for the purposes
of this Section and to support related activities.
(g) The State Board of Education may adopt any rules
necessary to implement this Section.
Article 80.
Section 80-5. The School Code is amended by changing
Section 10-19 as follows:
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
Sec. 10-19. Length of school term; - experimental programs.
Each school board shall annually prepare a calendar for the
school term, specifying the opening and closing dates and
providing a minimum term of at least 185 days to ensure insure
176 days of actual pupil attendance, computable under Section
10-19.05, except that for each of the 2021-2022, 2022-2023, and
2023-2024 school years, each school board, including a school
board operating one or more schools on a full year school plan
pursuant to Section 10-19.1, shall include in its calendar a
minimum of an additional 15 days of actual pupil attendance and

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5 days of in-service training for teachers. A school board may
choose how to reach the minimum of 15 additional days of actual
pupil attendance for each of the 2021-2022, 2022-2023, and
2023-2024 school years by either extending the length of the
school day or extending the length of the school term. During
the 2021-2022 school year, if a school is closed for more than
5 days of actual pupil attendance because the Governor has
declared a disaster due to a public health emergency pursuant
to Section 7 of the Illinois Emergency Management Agency Act,
the school board shall extend the length of the school day or
extend the length of the school term during any of the
2021-2022, 2022-2023, and 2023-2024 school years by one
additional day of actual pupil attendance for every 5 days of
actual pupil attendance that are missed during the 2021-2022
school year because of the public health emergency, unless the
school board has decided at the beginning of the 2021-2022
school year to implement a plan to use remote learning or
blended remote learning under Section 10-30 or 34-18.66 for the
1980-1981 school year only 175 days of actual pupil attendance
shall be required because of the closing of schools pursuant to
Section 24-2 on January 29, 1981 upon the appointment by the
President of that day as a day of thanksgiving for the freedom
of the Americans who had been held hostage in Iran. Any days
allowed by law for teachers' institutes but not used as such or
used as parental institutes as provided in Section 10-22.18d
shall increase the minimum term by the school days not so used.

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Except as provided in Section 10-19.1, the board may not extend
the school term beyond the such closing date unless that
extension of term is necessary to provide the minimum number of
computable days. In case of such necessary extension, other
than for the additional days of actual pupil attendance and
in-service training for teachers required by this amendatory
Act of the 101st General Assembly, school employees shall be
paid for such additional time on the basis of their regular
contracts. A school board may specify a closing date earlier
than that set on the annual calendar when the schools of the
district have provided the minimum number of computable days
under this Section. Nothing in this Section prevents the board
from employing superintendents of schools, principals and
other nonteaching personnel for a period of 12 months, or in
the case of superintendents for a period in accordance with
Section 10-23.8, or prevents the board from employing other
personnel before or after the regular school term with payment
of salary proportionate to that received for comparable work
during the school term. Remote learning days, blended remote
learning days, and up to 5 remote and blended remote learning
planning days established under Section 10-30 or 34-18.66 shall
be deemed pupil attendance days for calculation of the length
of a school term under this Section.
A school board may make such changes in its calendar for
the school term as may be required by any changes in the legal
school holidays prescribed in Section 24-2. A school board may

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make changes in its calendar for the school term as may be
necessary to reflect the utilization of teachers' institute
days as parental institute days as provided in Section
10-22.18d.
The calendar for the school term and any changes must be
submitted to and approved by the regional superintendent of
schools before the calendar or changes may take effect.
With the prior approval of the State Board of Education and
subject to review by the State Board of Education every 3
years, any school board may, by resolution of its board and in
agreement with affected exclusive collective bargaining
agents, establish experimental educational programs, including
but not limited to programs for e-learning days as authorized
under Section 10-20.56 of this Code, self-directed learning, or
outside of formal class periods, which programs when so
approved shall be considered to comply with the requirements of
this Section as respects numbers of days of actual pupil
attendance and with the other requirements of this Code Act as
respects courses of instruction.
(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19;
101-643, eff. 6-18-20.)
Article 85.
Section 85-5. The School Code is amended by changing
Section 18-8.15 as follows:

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(105 ILCS 5/18-8.15)
Sec. 18-8.15. Evidence-Based Funding for student success
for the 2017-2018 and subsequent school years.
(a) General provisions.
(1) The purpose of this Section is to ensure that, by
June 30, 2027 and beyond, this State has a kindergarten
through grade 12 public education system with the capacity
to ensure the educational development of all persons to the
limits of their capacities in accordance with Section 1 of
Article X of the Constitution of the State of Illinois. To
accomplish that objective, this Section creates a method of
funding public education that is evidence-based; is
sufficient to ensure every student receives a meaningful
opportunity to learn irrespective of race, ethnicity,
sexual orientation, gender, or community-income level; and
is sustainable and predictable. When fully funded under
this Section, every school shall have the resources, based
on what the evidence indicates is needed, to:
(A) provide all students with a high quality
education that offers the academic, enrichment, social
and emotional support, technical, and career-focused
programs that will allow them to become competitive
workers, responsible parents, productive citizens of
this State, and active members of our national
democracy;

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(B) ensure all students receive the education they
need to graduate from high school with the skills
required to pursue post-secondary education and
training for a rewarding career;
(C) reduce, with a goal of eliminating, the
achievement gap between at-risk and non-at-risk
students by raising the performance of at-risk
students and not by reducing standards; and
(D) ensure this State satisfies its obligation to
assume the primary responsibility to fund public
education and simultaneously relieve the
disproportionate burden placed on local property taxes
to fund schools.
(2) The Evidence-Based Funding formula under this
Section shall be applied to all Organizational Units in
this State. The Evidence-Based Funding formula outlined in
this Act is based on the formula outlined in Senate Bill 1
of the 100th General Assembly, as passed by both
legislative chambers. As further defined and described in
this Section, there are 4 major components of the
Evidence-Based Funding model:
(A) First, the model calculates a unique Adequacy
Target for each Organizational Unit in this State that
considers the costs to implement research-based
activities, the unit's student demographics, and
regional wage differences.

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(B) Second, the model calculates each
Organizational Unit's Local Capacity, or the amount
each Organizational Unit is assumed to contribute
toward its Adequacy Target from local resources.
(C) Third, the model calculates how much funding
the State currently contributes to the Organizational
Unit and adds that to the unit's Local Capacity to
determine the unit's overall current adequacy of
funding.
(D) Finally, the model's distribution method
allocates new State funding to those Organizational
Units that are least well-funded, considering both
Local Capacity and State funding, in relation to their
Adequacy Target.
(3) An Organizational Unit receiving any funding under
this Section may apply those funds to any fund so received
for which that Organizational Unit is authorized to make
expenditures by law.
(4) As used in this Section, the following terms shall
have the meanings ascribed in this paragraph (4):
"Adequacy Target" is defined in paragraph (1) of
subsection (b) of this Section.
"Adjusted EAV" is defined in paragraph (4) of
subsection (d) of this Section.
"Adjusted Local Capacity Target" is defined in
paragraph (3) of subsection (c) of this Section.

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"Adjusted Operating Tax Rate" means a tax rate for all
Organizational Units, for which the State Superintendent
shall calculate and subtract for the Operating Tax Rate a
transportation rate based on total expenses for
transportation services under this Code, as reported on the
most recent Annual Financial Report in Pupil
Transportation Services, function 2550 in both the
Education and Transportation funds and functions 4110 and
4120 in the Transportation fund, less any corresponding
fiscal year State of Illinois scheduled payments excluding
net adjustments for prior years for regular, vocational, or
special education transportation reimbursement pursuant to
Section 29-5 or subsection (b) of Section 14-13.01 of this
Code divided by the Adjusted EAV. If an Organizational
Unit's corresponding fiscal year State of Illinois
scheduled payments excluding net adjustments for prior
years for regular, vocational, or special education
transportation reimbursement pursuant to Section 29-5 or
subsection (b) of Section 14-13.01 of this Code exceed the
total transportation expenses, as defined in this
paragraph, no transportation rate shall be subtracted from
the Operating Tax Rate.
"Allocation Rate" is defined in paragraph (3) of
subsection (g) of this Section.
"Alternative School" means a public school that is
created and operated by a regional superintendent of

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schools and approved by the State Board.
"Applicable Tax Rate" is defined in paragraph (1) of
subsection (d) of this Section.
"Assessment" means any of those benchmark, progress
monitoring, formative, diagnostic, and other assessments,
in addition to the State accountability assessment, that
assist teachers' needs in understanding the skills and
meeting the needs of the students they serve.
"Assistant principal" means a school administrator
duly endorsed to be employed as an assistant principal in
this State.
"At-risk student" means a student who is at risk of not
meeting the Illinois Learning Standards or not graduating
from elementary or high school and who demonstrates a need
for vocational support or social services beyond that
provided by the regular school program. All students
included in an Organizational Unit's Low-Income Count, as
well as all English learner and disabled students attending
the Organizational Unit, shall be considered at-risk
students under this Section.
"Average Student Enrollment" or "ASE" for fiscal year
2018 means, for an Organizational Unit, the greater of the
average number of students (grades K through 12) reported
to the State Board as enrolled in the Organizational Unit
on October 1 in the immediately preceding school year, plus
the pre-kindergarten students who receive special

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education services of 2 or more hours a day as reported to
the State Board on December 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1, plus the
pre-kindergarten students who receive special education
services of 2 or more hours a day as reported to the State
Board on December 1, for each of the immediately preceding
3 school years. For fiscal year 2019 and each subsequent
fiscal year, "Average Student Enrollment" or "ASE" means,
for an Organizational Unit, the greater of the average
number of students (grades K through 12) reported to the
State Board as enrolled in the Organizational Unit on
October 1 and March 1 in the immediately preceding school
year, plus the pre-kindergarten students who receive
special education services as reported to the State Board
on October 1 and March 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1 and March 1, plus the
pre-kindergarten students who receive special education
services as reported to the State Board on October 1 and
March 1, for each of the immediately preceding 3 school
years. For the purposes of this definition, "enrolled in
the Organizational Unit" means the number of students
reported to the State Board who are enrolled in schools

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within the Organizational Unit that the student attends or
would attend if not placed or transferred to another school
or program to receive needed services. For the purposes of
calculating "ASE", all students, grades K through 12,
excluding those attending kindergarten for a half day and
students attending an alternative education program
operated by a regional office of education or intermediate
service center, shall be counted as 1.0. All students
attending kindergarten for a half day shall be counted as
0.5, unless in 2017 by June 15 or by March 1 in subsequent
years, the school district reports to the State Board of
Education the intent to implement full-day kindergarten
district-wide for all students, then all students
attending kindergarten shall be counted as 1.0. Special
education pre-kindergarten students shall be counted as
0.5 each. If the State Board does not collect or has not
collected both an October 1 and March 1 enrollment count by
grade or a December 1 collection of special education
pre-kindergarten students as of August 31, 2017 (the
effective date of Public Act 100-465), it shall establish
such collection for all future years. For any year in which
a count by grade level was collected only once, that count
shall be used as the single count available for computing a
3-year average ASE. Funding for programs operated by a
regional office of education or an intermediate service
center must be calculated using the Evidence-Based Funding

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formula under this Section for the 2019-2020 school year
and each subsequent school year until separate adequacy
formulas are developed and adopted for each type of
program. ASE for a program operated by a regional office of
education or an intermediate service center must be
determined by the March 1 enrollment for the program. For
the 2019-2020 school year, the ASE used in the calculation
must be the first-year ASE and, in that year only, the
assignment of students served by a regional office of
education or intermediate service center shall not result
in a reduction of the March enrollment for any school
district. For the 2020-2021 school year, the ASE must be
the greater of the current-year ASE or the 2-year average
ASE. Beginning with the 2021-2022 school year, the ASE must
be the greater of the current-year ASE or the 3-year
average ASE. School districts shall submit the data for the
ASE calculation to the State Board within 45 days of the
dates required in this Section for submission of enrollment
data in order for it to be included in the ASE calculation.
For fiscal year 2018 only, the ASE calculation shall
include only enrollment taken on October 1.
"Base Funding Guarantee" is defined in paragraph (10)
of subsection (g) of this Section.
"Base Funding Minimum" is defined in subsection (e) of
this Section.
"Base Tax Year" means the property tax levy year used

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to calculate the Budget Year allocation of primary State
aid.
"Base Tax Year's Extension" means the product of the
equalized assessed valuation utilized by the county clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the county clerk and defined in PTELL.
"Bilingual Education Allocation" means the amount of
an Organizational Unit's final Adequacy Target
attributable to bilingual education divided by the
Organizational Unit's final Adequacy Target, the product
of which shall be multiplied by the amount of new funding
received pursuant to this Section. An Organizational
Unit's final Adequacy Target attributable to bilingual
education shall include all additional investments in
English learner students' adequacy elements.
"Budget Year" means the school year for which primary
State aid is calculated and awarded under this Section.
"Central office" means individual administrators and
support service personnel charged with managing the
instructional programs, business and operations, and
security of the Organizational Unit.
"Comparable Wage Index" or "CWI" means a regional cost
differentiation metric that measures systemic, regional
variations in the salaries of college graduates who are not
educators. The CWI utilized for this Section shall, for the
first 3 years of Evidence-Based Funding implementation, be

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the CWI initially developed by the National Center for
Education Statistics, as most recently updated by Texas A &
M University. In the fourth and subsequent years of
Evidence-Based Funding implementation, the State
Superintendent shall re-determine the CWI using a similar
methodology to that identified in the Texas A & M
University study, with adjustments made no less frequently
than once every 5 years.
"Computer technology and equipment" means computers
servers, notebooks, network equipment, copiers, printers,
instructional software, security software, curriculum
management courseware, and other similar materials and
equipment.
"Computer technology and equipment investment
allocation" means the final Adequacy Target amount of an
Organizational Unit assigned to Tier 1 or Tier 2 in the
prior school year attributable to the additional $285.50
per student computer technology and equipment investment
grant divided by the Organizational Unit's final Adequacy
Target, the result of which shall be multiplied by the
amount of new funding received pursuant to this Section. An
Organizational Unit assigned to a Tier 1 or Tier 2 final
Adequacy Target attributable to the received computer
technology and equipment investment grant shall include
all additional investments in computer technology and
equipment adequacy elements.

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"Core subject" means mathematics; science; reading,
English, writing, and language arts; history and social
studies; world languages; and subjects taught as Advanced
Placement in high schools.
"Core teacher" means a regular classroom teacher in
elementary schools and teachers of a core subject in middle
and high schools.
"Core Intervention teacher (tutor)" means a licensed
teacher providing one-on-one or small group tutoring to
students struggling to meet proficiency in core subjects.
"CPPRT" means corporate personal property replacement
tax funds paid to an Organizational Unit during the
calendar year one year before the calendar year in which a
school year begins, pursuant to "An Act in relation to the
abolition of ad valorem personal property tax and the
replacement of revenues lost thereby, and amending and
repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended (Public
Act 81-1st S.S.-1).
"EAV" means equalized assessed valuation as defined in
paragraph (2) of subsection (d) of this Section and
calculated in accordance with paragraph (3) of subsection
(d) of this Section.
"ECI" means the Bureau of Labor Statistics' national
employment cost index for civilian workers in educational
services in elementary and secondary schools on a

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cumulative basis for the 12-month calendar year preceding
the fiscal year of the Evidence-Based Funding calculation.
"EIS Data" means the employment information system
data maintained by the State Board on educators within
Organizational Units.
"Employee benefits" means health, dental, and vision
insurance offered to employees of an Organizational Unit,
the costs associated with the statutorily required payment
of the normal cost of the Organizational Unit's teacher
pensions, Social Security employer contributions, and
Illinois Municipal Retirement Fund employer contributions.
"English learner" or "EL" means a child included in the
definition of "English learners" under Section 14C-2 of
this Code participating in a program of transitional
bilingual education or a transitional program of
instruction meeting the requirements and program
application procedures of Article 14C of this Code. For the
purposes of collecting the number of EL students enrolled,
the same collection and calculation methodology as defined
above for "ASE" shall apply to English learners, with the
exception that EL student enrollment shall include
students in grades pre-kindergarten through 12.
"Essential Elements" means those elements, resources,
and educational programs that have been identified through
academic research as necessary to improve student success,
improve academic performance, close achievement gaps, and

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provide for other per student costs related to the delivery
and leadership of the Organizational Unit, as well as the
maintenance and operations of the unit, and which are
specified in paragraph (2) of subsection (b) of this
Section.
"Evidence-Based Funding" means State funding provided
to an Organizational Unit pursuant to this Section.
"Extended day" means academic and enrichment programs
provided to students outside the regular school day before
and after school or during non-instructional times during
the school day.
"Extension Limitation Ratio" means a numerical ratio
in which the numerator is the Base Tax Year's Extension and
the denominator is the Preceding Tax Year's Extension.
"Final Percent of Adequacy" is defined in paragraph (4)
of subsection (f) of this Section.
"Final Resources" is defined in paragraph (3) of
subsection (f) of this Section.
"Full-time equivalent" or "FTE" means the full-time
equivalency compensation for staffing the relevant
position at an Organizational Unit.
"Funding Gap" is defined in paragraph (1) of subsection
(g).
"Guidance counselor" means a licensed guidance
counselor who provides guidance and counseling support for
students within an Organizational Unit.

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"Hybrid District" means a partial elementary unit
district created pursuant to Article 11E of this Code.
"Instructional assistant" means a core or special
education, non-licensed employee who assists a teacher in
the classroom and provides academic support to students.
"Instructional facilitator" means a qualified teacher
or licensed teacher leader who facilitates and coaches
continuous improvement in classroom instruction; provides
instructional support to teachers in the elements of
research-based instruction or demonstrates the alignment
of instruction with curriculum standards and assessment
tools; develops or coordinates instructional programs or
strategies; develops and implements training; chooses
standards-based instructional materials; provides teachers
with an understanding of current research; serves as a
mentor, site coach, curriculum specialist, or lead
teacher; or otherwise works with fellow teachers, in
collaboration, to use data to improve instructional
practice or develop model lessons.
"Instructional materials" means relevant instructional
materials for student instruction, including, but not
limited to, textbooks, consumable workbooks, laboratory
equipment, library books, and other similar materials.
"Laboratory School" means a public school that is
created and operated by a public university and approved by
the State Board.

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"Librarian" means a teacher with an endorsement as a
library information specialist or another individual whose
primary responsibility is overseeing library resources
within an Organizational Unit.
"Limiting rate for Hybrid Districts" means the
combined elementary school and high school limiting rates.
"Local Capacity" is defined in paragraph (1) of
subsection (c) of this Section.
"Local Capacity Percentage" is defined in subparagraph
(A) of paragraph (2) of subsection (c) of this Section.
"Local Capacity Ratio" is defined in subparagraph (B)
of paragraph (2) of subsection (c) of this Section.
"Local Capacity Target" is defined in paragraph (2) of
subsection (c) of this Section.
"Low-Income Count" means, for an Organizational Unit
in a fiscal year, the higher of the average number of
students for the prior school year or the immediately
preceding 3 school years who, as of July 1 of the
immediately preceding fiscal year (as determined by the
Department of Human Services), are eligible for at least
one of the following low-income programs: Medicaid, the
Children's Health Insurance Program, Temporary Assistance
for Needy Families (TANF), or the Supplemental Nutrition
Assistance Program, excluding pupils who are eligible for
services provided by the Department of Children and Family
Services. Until such time that grade level low-income

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populations become available, grade level low-income
populations shall be determined by applying the low-income
percentage to total student enrollments by grade level. The
low-income percentage is determined by dividing the
Low-Income Count by the Average Student Enrollment. The
low-income percentage for programs operated by a regional
office of education or an intermediate service center must
be set to the weighted average of the low-income
percentages of all of the school districts in the service
region. The weighted low-income percentage is the result of
multiplying the low-income percentage of each school
district served by the regional office of education or
intermediate service center by each school district's
Average Student Enrollment, summarizing those products and
dividing the total by the total Average Student Enrollment
for the service region.
"Maintenance and operations" means custodial services,
facility and ground maintenance, facility operations,
facility security, routine facility repairs, and other
similar services and functions.
"Minimum Funding Level" is defined in paragraph (9) of
subsection (g) of this Section.
"New Property Tax Relief Pool Funds" means, for any
given fiscal year, all State funds appropriated under
Section 2-3.170 of this the School Code.
"New State Funds" means, for a given school year, all

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State funds appropriated for Evidence-Based Funding in
excess of the amount needed to fund the Base Funding
Minimum for all Organizational Units in that school year.
"Net State Contribution Target" means, for a given
school year, the amount of State funds that would be
necessary to fully meet the Adequacy Target of an
Operational Unit minus the Preliminary Resources available
to each unit.
"Nurse" means an individual licensed as a certified
school nurse, in accordance with the rules established for
nursing services by the State Board, who is an employee of
and is available to provide health care-related services
for students of an Organizational Unit.
"Operating Tax Rate" means the rate utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
For Hybrid Districts, the Operating Tax Rate shall be the
combined elementary and high school rates utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
"Organizational Unit" means a Laboratory School or any
public school district that is recognized as such by the
State Board and that contains elementary schools typically
serving kindergarten through 5th grades, middle schools

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typically serving 6th through 8th grades, high schools
typically serving 9th through 12th grades, a program
established under Section 2-3.66 or 2-3.41, or a program
operated by a regional office of education or an
intermediate service center under Article 13A or 13B. The
General Assembly acknowledges that the actual grade levels
served by a particular Organizational Unit may vary
slightly from what is typical.
"Organizational Unit CWI" is determined by calculating
the CWI in the region and original county in which an
Organizational Unit's primary administrative office is
located as set forth in this paragraph, provided that if
the Organizational Unit CWI as calculated in accordance
with this paragraph is less than 0.9, the Organizational
Unit CWI shall be increased to 0.9. Each county's current
CWI value shall be adjusted based on the CWI value of that
county's neighboring Illinois counties, to create a
"weighted adjusted index value". This shall be calculated
by summing the CWI values of all of a county's adjacent
Illinois counties and dividing by the number of adjacent
Illinois counties, then taking the weighted value of the
original county's CWI value and the adjacent Illinois
county average. To calculate this weighted value, if the
number of adjacent Illinois counties is greater than 2, the
original county's CWI value will be weighted at 0.25 and
the adjacent Illinois county average will be weighted at

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0.75. If the number of adjacent Illinois counties is 2, the
original county's CWI value will be weighted at 0.33 and
the adjacent Illinois county average will be weighted at
0.66. The greater of the county's current CWI value and its
weighted adjusted index value shall be used as the
Organizational Unit CWI.
"Preceding Tax Year" means the property tax levy year
immediately preceding the Base Tax Year.
"Preceding Tax Year's Extension" means the product of
the equalized assessed valuation utilized by the county
clerk in the Preceding Tax Year multiplied by the Operating
Tax Rate.
"Preliminary Percent of Adequacy" is defined in
paragraph (2) of subsection (f) of this Section.
"Preliminary Resources" is defined in paragraph (2) of
subsection (f) of this Section.
"Principal" means a school administrator duly endorsed
to be employed as a principal in this State.
"Professional development" means training programs for
licensed staff in schools, including, but not limited to,
programs that assist in implementing new curriculum
programs, provide data focused or academic assessment data
training to help staff identify a student's weaknesses and
strengths, target interventions, improve instruction,
encompass instructional strategies for English learner,
gifted, or at-risk students, address inclusivity, cultural

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sensitivity, or implicit bias, or otherwise provide
professional support for licensed staff.
"Prototypical" means 450 special education
pre-kindergarten and kindergarten through grade 5 students
for an elementary school, 450 grade 6 through 8 students
for a middle school, and 600 grade 9 through 12 students
for a high school.
"PTELL" means the Property Tax Extension Limitation
Law.
"PTELL EAV" is defined in paragraph (4) of subsection
(d) of this Section.
"Pupil support staff" means a nurse, psychologist,
social worker, family liaison personnel, or other staff
member who provides support to at-risk or struggling
students.
"Real Receipts" is defined in paragraph (1) of
subsection (d) of this Section.
"Regionalization Factor" means, for a particular
Organizational Unit, the figure derived by dividing the
Organizational Unit CWI by the Statewide Weighted CWI.
"School site staff" means the primary school secretary
and any additional clerical personnel assigned to a school.
"Special education" means special educational
facilities and services, as defined in Section 14-1.08 of
this Code.
"Special Education Allocation" means the amount of an

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Organizational Unit's final Adequacy Target attributable
to special education divided by the Organizational Unit's
final Adequacy Target, the product of which shall be
multiplied by the amount of new funding received pursuant
to this Section. An Organizational Unit's final Adequacy
Target attributable to special education shall include all
special education investment adequacy elements.
"Specialist teacher" means a teacher who provides
instruction in subject areas not included in core subjects,
including, but not limited to, art, music, physical
education, health, driver education, career-technical
education, and such other subject areas as may be mandated
by State law or provided by an Organizational Unit.
"Specially Funded Unit" means an Alternative School,
safe school, Department of Juvenile Justice school,
special education cooperative or entity recognized by the
State Board as a special education cooperative,
State-approved charter school, or alternative learning
opportunities program that received direct funding from
the State Board during the 2016-2017 school year through
any of the funding sources included within the calculation
of the Base Funding Minimum or Glenwood Academy.
"Supplemental Grant Funding" means supplemental
general State aid funding received by an Organizational
Unit during the 2016-2017 school year pursuant to
subsection (H) of Section 18-8.05 of this Code (now

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repealed).
"State Adequacy Level" is the sum of the Adequacy
Targets of all Organizational Units.
"State Board" means the State Board of Education.
"State Superintendent" means the State Superintendent
of Education.
"Statewide Weighted CWI" means a figure determined by
multiplying each Organizational Unit CWI times the ASE for
that Organizational Unit creating a weighted value,
summing all Organizational Units' weighted values, and
dividing by the total ASE of all Organizational Units,
thereby creating an average weighted index.
"Student activities" means non-credit producing
after-school programs, including, but not limited to,
clubs, bands, sports, and other activities authorized by
the school board of the Organizational Unit.
"Substitute teacher" means an individual teacher or
teaching assistant who is employed by an Organizational
Unit and is temporarily serving the Organizational Unit on
a per diem or per period-assignment basis to replace
another staff member.
"Summer school" means academic and enrichment programs
provided to students during the summer months outside of
the regular school year.
"Supervisory aide" means a non-licensed staff member
who helps in supervising students of an Organizational

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Unit, but does so outside of the classroom, in situations
such as, but not limited to, monitoring hallways and
playgrounds, supervising lunchrooms, or supervising
students when being transported in buses serving the
Organizational Unit.
"Target Ratio" is defined in paragraph (4) of
subsection (g).
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
in paragraph (3) of subsection (g).
"Tier 1 Aggregate Funding", "Tier 2 Aggregate
Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
Funding" are defined in paragraph (1) of subsection (g).
(b) Adequacy Target calculation.
(1) Each Organizational Unit's Adequacy Target is the
sum of the Organizational Unit's cost of providing
Essential Elements, as calculated in accordance with this
subsection (b), with the salary amounts in the Essential
Elements multiplied by a Regionalization Factor calculated
pursuant to paragraph (3) of this subsection (b).
(2) The Essential Elements are attributable on a pro
rata basis related to defined subgroups of the ASE of each
Organizational Unit as specified in this paragraph (2),
with investments and FTE positions pro rata funded based on
ASE counts in excess of or less than the thresholds set
forth in this paragraph (2). The method for calculating
attributable pro rata costs and the defined subgroups

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thereto are as follows:
(A) Core class size investments. Each
Organizational Unit shall receive the funding required
to support that number of FTE core teacher positions as
is needed to keep the respective class sizes of the
Organizational Unit to the following maximum numbers:
(i) For grades kindergarten through 3, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
15 Low-Income Count students in those grades and
one FTE core teacher position for every 20
non-Low-Income Count students in those grades.
(ii) For grades 4 through 12, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
20 Low-Income Count students in those grades and
one FTE core teacher position for every 25
non-Low-Income Count students in those grades.
The number of non-Low-Income Count students in a
grade shall be determined by subtracting the
Low-Income students in that grade from the ASE of the
Organizational Unit for that grade.
(B) Specialist teacher investments. Each
Organizational Unit shall receive the funding needed
to cover that number of FTE specialist teacher
positions that correspond to the following

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percentages:
(i) if the Organizational Unit operates an
elementary or middle school, then 20.00% of the
number of the Organizational Unit's core teachers,
as determined under subparagraph (A) of this
paragraph (2); and
(ii) if such Organizational Unit operates a
high school, then 33.33% of the number of the
Organizational Unit's core teachers.
(C) Instructional facilitator investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE instructional facilitator position
for every 200 combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students of the Organizational Unit.
(D) Core intervention teacher (tutor) investments.
Each Organizational Unit shall receive the funding
needed to cover one FTE teacher position for each
prototypical elementary, middle, and high school.
(E) Substitute teacher investments. Each
Organizational Unit shall receive the funding needed
to cover substitute teacher costs that is equal to
5.70% of the minimum pupil attendance days required
under Section 10-19 of this Code for all full-time
equivalent core, specialist, and intervention
teachers, school nurses, special education teachers

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and instructional assistants, instructional
facilitators, and summer school and extended day
teacher positions, as determined under this paragraph
(2), at a salary rate of 33.33% of the average salary
for grade K through 12 teachers and 33.33% of the
average salary of each instructional assistant
position.
(F) Core guidance counselor investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE guidance counselor for each 450
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 5
students, plus one FTE guidance counselor for each 250
grades 6 through 8 ASE middle school students, plus one
FTE guidance counselor for each 250 grades 9 through 12
ASE high school students.
(G) Nurse investments. Each Organizational Unit
shall receive the funding needed to cover one FTE nurse
for each 750 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through grade
12 students across all grade levels it serves.
(H) Supervisory aide investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE for each 225 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE for

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each 225 ASE middle school students, plus one FTE for
each 200 ASE high school students.
(I) Librarian investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
librarian for each prototypical elementary school,
middle school, and high school and one FTE aide or
media technician for every 300 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 12 students.
(J) Principal investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
principal position for each prototypical elementary
school, plus one FTE principal position for each
prototypical middle school, plus one FTE principal
position for each prototypical high school.
(K) Assistant principal investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE assistant principal position for each
prototypical elementary school, plus one FTE assistant
principal position for each prototypical middle
school, plus one FTE assistant principal position for
each prototypical high school.
(L) School site staff investments. Each
Organizational Unit shall receive the funding needed
for one FTE position for each 225 ASE of
pre-kindergarten children with disabilities and all

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kindergarten through grade 5 students, plus one FTE
position for each 225 ASE middle school students, plus
one FTE position for each 200 ASE high school students.
(M) Gifted investments. Each Organizational Unit
shall receive $40 per kindergarten through grade 12
ASE.
(N) Professional development investments. Each
Organizational Unit shall receive $125 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for trainers and other professional
development-related expenses for supplies and
materials.
(O) Instructional material investments. Each
Organizational Unit shall receive $190 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover instructional material costs.
(P) Assessment investments. Each Organizational
Unit shall receive $25 per student of the combined ASE
of pre-kindergarten children with disabilities and all
kindergarten through grade 12 students to cover
assessment costs.
(Q) Computer technology and equipment investments.
Each Organizational Unit shall receive $285.50 per
student of the combined ASE of pre-kindergarten

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children with disabilities and all kindergarten
through grade 12 students to cover computer technology
and equipment costs. For the 2018-2019 school year and
subsequent school years, Organizational Units assigned
to Tier 1 and Tier 2 in the prior school year shall
receive an additional $285.50 per student of the
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover computer technology and equipment
costs in the Organizational Unit's Adequacy Target.
The State Board may establish additional requirements
for Organizational Unit expenditures of funds received
pursuant to this subparagraph (Q), including a
requirement that funds received pursuant to this
subparagraph (Q) may be used only for serving the
technology needs of the district. It is the intent of
Public Act 100-465 that all Tier 1 and Tier 2 districts
receive the addition to their Adequacy Target in the
following year, subject to compliance with the
requirements of the State Board.
(R) Student activities investments. Each
Organizational Unit shall receive the following
funding amounts to cover student activities: $100 per
kindergarten through grade 5 ASE student in elementary
school, plus $200 per ASE student in middle school,
plus $675 per ASE student in high school.

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(S) Maintenance and operations investments. Each
Organizational Unit shall receive $1,038 per student
of the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for day-to-day maintenance and operations
expenditures, including salary, supplies, and
materials, as well as purchased services, but
excluding employee benefits. The proportion of salary
for the application of a Regionalization Factor and the
calculation of benefits is equal to $352.92.
(T) Central office investments. Each
Organizational Unit shall receive $742 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover central office operations, including
administrators and classified personnel charged with
managing the instructional programs, business and
operations of the school district, and security
personnel. The proportion of salary for the
application of a Regionalization Factor and the
calculation of benefits is equal to $368.48.
(U) Employee benefit investments. Each
Organizational Unit shall receive 30% of the total of
all salary-calculated elements of the Adequacy Target,
excluding substitute teachers and student activities
investments, to cover benefit costs. For central

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office and maintenance and operations investments, the
benefit calculation shall be based upon the salary
proportion of each investment. If at any time the
responsibility for funding the employer normal cost of
teacher pensions is assigned to school districts, then
that amount certified by the Teachers' Retirement
System of the State of Illinois to be paid by the
Organizational Unit for the preceding school year
shall be added to the benefit investment. For any
fiscal year in which a school district organized under
Article 34 of this Code is responsible for paying the
employer normal cost of teacher pensions, then that
amount of its employer normal cost plus the amount for
retiree health insurance as certified by the Public
School Teachers' Pension and Retirement Fund of
Chicago to be paid by the school district for the
preceding school year that is statutorily required to
cover employer normal costs and the amount for retiree
health insurance shall be added to the 30% specified in
this subparagraph (U). The Teachers' Retirement System
of the State of Illinois and the Public School
Teachers' Pension and Retirement Fund of Chicago shall
submit such information as the State Superintendent
may require for the calculations set forth in this
subparagraph (U).
(V) Additional investments in low-income students.

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In addition to and not in lieu of all other funding
under this paragraph (2), each Organizational Unit
shall receive funding based on the average teacher
salary for grades K through 12 to cover the costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 Low-Income Count students;
(ii) one FTE pupil support staff position for
every 125 Low-Income Count students;
(iii) one FTE extended day teacher position
for every 120 Low-Income Count students; and
(iv) one FTE summer school teacher position
for every 120 Low-Income Count students.
(W) Additional investments in English learner
students. In addition to and not in lieu of all other
funding under this paragraph (2), each Organizational
Unit shall receive funding based on the average teacher
salary for grades K through 12 to cover the costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 English learner students;
(ii) one FTE pupil support staff position for
every 125 English learner students;
(iii) one FTE extended day teacher position
for every 120 English learner students;
(iv) one FTE summer school teacher position
for every 120 English learner students; and
(v) one FTE core teacher position for every 100

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English learner students.
(X) Special education investments. Each
Organizational Unit shall receive funding based on the
average teacher salary for grades K through 12 to cover
special education as follows:
(i) one FTE teacher position for every 141
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students;
(ii) one FTE instructional assistant for every
141 combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students; and
(iii) one FTE psychologist position for every
1,000 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through
grade 12 students.
(3) For calculating the salaries included within the
Essential Elements, the State Superintendent shall
annually calculate average salaries to the nearest dollar
using the employment information system data maintained by
the State Board, limited to public schools only and
excluding special education and vocational cooperatives,
schools operated by the Department of Juvenile Justice, and
charter schools, for the following positions:
(A) Teacher for grades K through 8.

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(B) Teacher for grades 9 through 12.
(C) Teacher for grades K through 12.
(D) Guidance counselor for grades K through 8.
(E) Guidance counselor for grades 9 through 12.
(F) Guidance counselor for grades K through 12.
(G) Social worker.
(H) Psychologist.
(I) Librarian.
(J) Nurse.
(K) Principal.
(L) Assistant principal.
For the purposes of this paragraph (3), "teacher"
includes core teachers, specialist and elective teachers,
instructional facilitators, tutors, special education
teachers, pupil support staff teachers, English learner
teachers, extended day teachers, and summer school
teachers. Where specific grade data is not required for the
Essential Elements, the average salary for corresponding
positions shall apply. For substitute teachers, the
average teacher salary for grades K through 12 shall apply.
For calculating the salaries included within the
Essential Elements for positions not included within EIS
Data, the following salaries shall be used in the first
year of implementation of Evidence-Based Funding:
(i) school site staff, $30,000; and
(ii) non-instructional assistant, instructional

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assistant, library aide, library media tech, or
supervisory aide: $25,000.
In the second and subsequent years of implementation of
Evidence-Based Funding, the amounts in items (i) and (ii)
of this paragraph (3) shall annually increase by the ECI.
The salary amounts for the Essential Elements
determined pursuant to subparagraphs (A) through (L), (S)
and (T), and (V) through (X) of paragraph (2) of subsection
(b) of this Section shall be multiplied by a
Regionalization Factor.
(c) Local Capacity calculation.
(1) Each Organizational Unit's Local Capacity
represents an amount of funding it is assumed to contribute
toward its Adequacy Target for purposes of the
Evidence-Based Funding formula calculation. "Local
Capacity" means either (i) the Organizational Unit's Local
Capacity Target as calculated in accordance with paragraph
(2) of this subsection (c) if its Real Receipts are equal
to or less than its Local Capacity Target or (ii) the
Organizational Unit's Adjusted Local Capacity, as
calculated in accordance with paragraph (3) of this
subsection (c) if Real Receipts are more than its Local
Capacity Target.
(2) "Local Capacity Target" means, for an
Organizational Unit, that dollar amount that is obtained by
multiplying its Adequacy Target by its Local Capacity

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Ratio.
(A) An Organizational Unit's Local Capacity
Percentage is the conversion of the Organizational
Unit's Local Capacity Ratio, as such ratio is
determined in accordance with subparagraph (B) of this
paragraph (2), into a cumulative distribution
resulting in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The calculation of
Local Capacity Percentage is described in subparagraph
(C) of this paragraph (2).
(B) An Organizational Unit's Local Capacity Ratio
in a given year is the percentage obtained by dividing
its Adjusted EAV or PTELL EAV, whichever is less, by
its Adequacy Target, with the resulting ratio further
adjusted as follows:
(i) for Organizational Units serving grades
kindergarten through 12 and Hybrid Districts, no
further adjustments shall be made;
(ii) for Organizational Units serving grades
kindergarten through 8, the ratio shall be
multiplied by 9/13;
(iii) for Organizational Units serving grades
9 through 12, the Local Capacity Ratio shall be
multiplied by 4/13; and
(iv) for an Organizational Unit with a

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different grade configuration than those specified
in items (i) through (iii) of this subparagraph
(B), the State Superintendent shall determine a
comparable adjustment based on the grades served.
(C) The Local Capacity Percentage is equal to the
percentile ranking of the district. Local Capacity
Percentage converts each Organizational Unit's Local
Capacity Ratio to a cumulative distribution resulting
in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The Local Capacity
Percentage cumulative distribution resulting in a
percentile ranking for each Organizational Unit shall
be calculated using the standard normal distribution
of the score in relation to the weighted mean and
weighted standard deviation and Local Capacity Ratios
of all Organizational Units. If the value assigned to
any Organizational Unit is in excess of 90%, the value
shall be adjusted to 90%. For Laboratory Schools, the
Local Capacity Percentage shall be set at 10% in
recognition of the absence of EAV and resources from
the public university that are allocated to the
Laboratory School. For programs operated by a regional
office of education or an intermediate service center,
the Local Capacity Percentage must be set at 10% in
recognition of the absence of EAV and resources from

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school districts that are allocated to the regional
office of education or intermediate service center.
The weighted mean for the Local Capacity Percentage
shall be determined by multiplying each Organizational
Unit's Local Capacity Ratio times the ASE for the unit
creating a weighted value, summing the weighted values
of all Organizational Units, and dividing by the total
ASE of all Organizational Units. The weighted standard
deviation shall be determined by taking the square root
of the weighted variance of all Organizational Units'
Local Capacity Ratio, where the variance is calculated
by squaring the difference between each unit's Local
Capacity Ratio and the weighted mean, then multiplying
the variance for each unit times the ASE for the unit
to create a weighted variance for each unit, then
summing all units' weighted variance and dividing by
the total ASE of all units.
(D) For any Organizational Unit, the
Organizational Unit's Adjusted Local Capacity Target
shall be reduced by either (i) the school board's
remaining contribution pursuant to paragraph (ii) of
subsection (b-4) of Section 16-158 of the Illinois
Pension Code in a given year or (ii) the board of
education's remaining contribution pursuant to
paragraph (iv) of subsection (b) of Section 17-129 of
the Illinois Pension Code absent the employer normal

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cost portion of the required contribution and amount
allowed pursuant to subdivision (3) of Section
17-142.1 of the Illinois Pension Code in a given year.
In the preceding sentence, item (i) shall be certified
to the State Board of Education by the Teachers'
Retirement System of the State of Illinois and item
(ii) shall be certified to the State Board of Education
by the Public School Teachers' Pension and Retirement
Fund of the City of Chicago.
(3) If an Organizational Unit's Real Receipts are more
than its Local Capacity Target, then its Local Capacity
shall equal an Adjusted Local Capacity Target as calculated
in accordance with this paragraph (3). The Adjusted Local
Capacity Target is calculated as the sum of the
Organizational Unit's Local Capacity Target and its Real
Receipts Adjustment. The Real Receipts Adjustment equals
the Organizational Unit's Real Receipts less its Local
Capacity Target, with the resulting figure multiplied by
the Local Capacity Percentage.
As used in this paragraph (3), "Real Percent of
Adequacy" means the sum of an Organizational Unit's Real
Receipts, CPPRT, and Base Funding Minimum, with the
resulting figure divided by the Organizational Unit's
Adequacy Target.
(d) Calculation of Real Receipts, EAV, and Adjusted EAV for
purposes of the Local Capacity calculation.

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(1) An Organizational Unit's Real Receipts are the
product of its Applicable Tax Rate and its Adjusted EAV. An
Organizational Unit's Applicable Tax Rate is its Adjusted
Operating Tax Rate for property within the Organizational
Unit.
(2) The State Superintendent shall calculate the
equalized assessed valuation, or EAV, of all taxable
property of each Organizational Unit as of September 30 of
the previous year in accordance with paragraph (3) of this
subsection (d). The State Superintendent shall then
determine the Adjusted EAV of each Organizational Unit in
accordance with paragraph (4) of this subsection (d), which
Adjusted EAV figure shall be used for the purposes of
calculating Local Capacity.
(3) To calculate Real Receipts and EAV, the Department
of Revenue shall supply to the State Superintendent the
value as equalized or assessed by the Department of Revenue
of all taxable property of every Organizational Unit,
together with (i) the applicable tax rate used in extending
taxes for the funds of the Organizational Unit as of
September 30 of the previous year and (ii) the limiting
rate for all Organizational Units subject to property tax
extension limitations as imposed under PTELL.
(A) The Department of Revenue shall add to the
equalized assessed value of all taxable property of
each Organizational Unit situated entirely or

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partially within a county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property
Tax Code (i) an amount equal to the total amount by
which the homestead exemption allowed under Section
15-176 or 15-177 of the Property Tax Code for real
property situated in that Organizational Unit exceeds
the total amount that would have been allowed in that
Organizational Unit if the maximum reduction under
Section 15-176 was (I) $4,500 in Cook County or $3,500
in all other counties in tax year 2003 or (II) $5,000
in all counties in tax year 2004 and thereafter and
(ii) an amount equal to the aggregate amount for the
taxable year of all additional exemptions under
Section 15-175 of the Property Tax Code for owners with
a household income of $30,000 or less. The county clerk
of any county that is or was subject to the provisions
of Section 15-176 or 15-177 of the Property Tax Code
shall annually calculate and certify to the Department
of Revenue for each Organizational Unit all homestead
exemption amounts under Section 15-176 or 15-177 of the
Property Tax Code and all amounts of additional
exemptions under Section 15-175 of the Property Tax
Code for owners with a household income of $30,000 or
less. It is the intent of this subparagraph (A) that if
the general homestead exemption for a parcel of
property is determined under Section 15-176 or 15-177

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of the Property Tax Code rather than Section 15-175,
then the calculation of EAV shall not be affected by
the difference, if any, between the amount of the
general homestead exemption allowed for that parcel of
property under Section 15-176 or 15-177 of the Property
Tax Code and the amount that would have been allowed
had the general homestead exemption for that parcel of
property been determined under Section 15-175 of the
Property Tax Code. It is further the intent of this
subparagraph (A) that if additional exemptions are
allowed under Section 15-175 of the Property Tax Code
for owners with a household income of less than
$30,000, then the calculation of EAV shall not be
affected by the difference, if any, because of those
additional exemptions.
(B) With respect to any part of an Organizational
Unit within a redevelopment project area in respect to
which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Division 74.4 of Article
11 of the Illinois Municipal Code, or the Industrial
Jobs Recovery Law, Division 74.6 of Article 11 of the
Illinois Municipal Code, no part of the current EAV of
real property located in any such project area that is
attributable to an increase above the total initial EAV
of such property shall be used as part of the EAV of

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the Organizational Unit, until such time as all
redevelopment project costs have been paid, as
provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35
of the Industrial Jobs Recovery Law. For the purpose of
the EAV of the Organizational Unit, the total initial
EAV or the current EAV, whichever is lower, shall be
used until such time as all redevelopment project costs
have been paid.
(B-5) The real property equalized assessed
valuation for a school district shall be adjusted by
subtracting from the real property value, as equalized
or assessed by the Department of Revenue, for the
district an amount computed by dividing the amount of
any abatement of taxes under Section 18-170 of the
Property Tax Code by 3.00% for a district maintaining
grades kindergarten through 12, by 2.30% for a district
maintaining grades kindergarten through 8, or by 1.05%
for a district maintaining grades 9 through 12 and
adjusted by an amount computed by dividing the amount
of any abatement of taxes under subsection (a) of
Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in this
subparagraph (B-5).
(C) For Organizational Units that are Hybrid
Districts, the State Superintendent shall use the

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lesser of the adjusted equalized assessed valuation
for property within the partial elementary unit
district for elementary purposes, as defined in
Article 11E of this Code, or the adjusted equalized
assessed valuation for property within the partial
elementary unit district for high school purposes, as
defined in Article 11E of this Code.
(4) An Organizational Unit's Adjusted EAV shall be the
average of its EAV over the immediately preceding 3 years
or its EAV in the immediately preceding year if the EAV in
the immediately preceding year has declined by 10% or more
compared to the 3-year average. In the event of
Organizational Unit reorganization, consolidation, or
annexation, the Organizational Unit's Adjusted EAV for the
first 3 years after such change shall be as follows: the
most current EAV shall be used in the first year, the
average of a 2-year EAV or its EAV in the immediately
preceding year if the EAV declines by 10% or more compared
to the 2-year average for the second year, and a 3-year
average EAV or its EAV in the immediately preceding year if
the Adjusted EAV declines by 10% or more compared to the
3-year average for the third year. For any school district
whose EAV in the immediately preceding year is used in
calculations, in the following year, the Adjusted EAV shall
be the average of its EAV over the immediately preceding 2
years or the immediately preceding year if that year

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represents a decline of 10% or more compared to the 2-year
average.
"PTELL EAV" means a figure calculated by the State
Board for Organizational Units subject to PTELL as
described in this paragraph (4) for the purposes of
calculating an Organizational Unit's Local Capacity Ratio.
Except as otherwise provided in this paragraph (4), the
PTELL EAV of an Organizational Unit shall be equal to the
product of the equalized assessed valuation last used in
the calculation of general State aid under Section 18-8.05
of this Code (now repealed) or Evidence-Based Funding under
this Section and the Organizational Unit's Extension
Limitation Ratio. If an Organizational Unit has approved or
does approve an increase in its limiting rate, pursuant to
Section 18-190 of the Property Tax Code, affecting the Base
Tax Year, the PTELL EAV shall be equal to the product of
the equalized assessed valuation last used in the
calculation of general State aid under Section 18-8.05 of
this Code (now repealed) or Evidence-Based Funding under
this Section multiplied by an amount equal to one plus the
percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the
United States Department of Labor for the 12-month calendar
year preceding the Base Tax Year, plus the equalized
assessed valuation of new property, annexed property, and
recovered tax increment value and minus the equalized

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assessed valuation of disconnected property.
As used in this paragraph (4), "new property" and
"recovered tax increment value" shall have the meanings set
forth in the Property Tax Extension Limitation Law.
(e) Base Funding Minimum calculation.
(1) For the 2017-2018 school year, the Base Funding
Minimum of an Organizational Unit or a Specially Funded
Unit shall be the amount of State funds distributed to the
Organizational Unit or Specially Funded Unit during the
2016-2017 school year prior to any adjustments and
specified appropriation amounts described in this
paragraph (1) from the following Sections, as calculated by
the State Superintendent: Section 18-8.05 of this Code (now
repealed); Section 5 of Article 224 of Public Act 99-524
(equity grants); Section 14-7.02b of this Code (funding for
children requiring special education services); Section
14-13.01 of this Code (special education facilities and
staffing), except for reimbursement of the cost of
transportation pursuant to Section 14-13.01; Section
14C-12 of this Code (English learners); and Section 18-4.3
of this Code (summer school), based on an appropriation
level of $13,121,600. For a school district organized under
Article 34 of this Code, the Base Funding Minimum also
includes (i) the funds allocated to the school district
pursuant to Section 1D-1 of this Code attributable to
funding programs authorized by the Sections of this Code

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listed in the preceding sentence and (ii) the difference
between (I) the funds allocated to the school district
pursuant to Section 1D-1 of this Code attributable to the
funding programs authorized by Section 14-7.02 (non-public
special education reimbursement), subsection (b) of
Section 14-13.01 (special education transportation),
Section 29-5 (transportation), Section 2-3.80
(agricultural education), Section 2-3.66 (truants'
alternative education), Section 2-3.62 (educational
service centers), and Section 14-7.03 (special education -
orphanage) of this Code and Section 15 of the Childhood
Hunger Relief Act (free breakfast program) and (II) the
school district's actual expenditures for its non-public
special education, special education transportation,
transportation programs, agricultural education, truants'
alternative education, services that would otherwise be
performed by a regional office of education, special
education orphanage expenditures, and free breakfast, as
most recently calculated and reported pursuant to
subsection (f) of Section 1D-1 of this Code. The Base
Funding Minimum for Glenwood Academy shall be $625,500. For
programs operated by a regional office of education or an
intermediate service center, the Base Funding Minimum must
be the total amount of State funds allocated to those
programs in the 2018-2019 school year and amounts provided
pursuant to Article 34 of Public Act 100-586 and Section

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3-16 of this Code. All programs established after June 5,
2019 (the effective date of Public Act 101-10) and
administered by a regional office of education or an
intermediate service center must have an initial Base
Funding Minimum set to an amount equal to the first-year
ASE multiplied by the amount of per pupil funding received
in the previous school year by the lowest funded similar
existing program type. If the enrollment for a program
operated by a regional office of education or an
intermediate service center is zero, then it may not
receive Base Funding Minimum funds for that program in the
next fiscal year, and those funds must be distributed to
Organizational Units under subsection (g).
(2) For the 2018-2019 and subsequent school years, the
Base Funding Minimum of Organizational Units and Specially
Funded Units shall be the sum of (i) the amount of
Evidence-Based Funding for the prior school year, (ii) the
Base Funding Minimum for the prior school year, and (iii)
any amount received by a school district pursuant to
Section 7 of Article 97 of Public Act 100-21.
(3) Subject to approval by the General Assembly as
provided in this paragraph (3), an Organizational Unit that
meets all of the following criteria, as determined by the
State Board, shall have District Intervention Money added
to its Base Funding Minimum at the time the Base Funding
Minimum is calculated by the State Board:

10100HB2170sam001 - 352 - LRB101 07409 CMG 74497 a
(A) The Organizational Unit is operating under an
Independent Authority under Section 2-3.25f-5 of this
Code for a minimum of 4 school years or is subject to
the control of the State Board pursuant to a court
order for a minimum of 4 school years.
(B) The Organizational Unit was designated as a
Tier 1 or Tier 2 Organizational Unit in the previous
school year under paragraph (3) of subsection (g) of
this Section.
(C) The Organizational Unit demonstrates
sustainability through a 5-year financial and
strategic plan.
(D) The Organizational Unit has made sufficient
progress and achieved sufficient stability in the
areas of governance, academic growth, and finances.
As part of its determination under this paragraph (3),
the State Board may consider the Organizational Unit's
summative designation, any accreditations of the
Organizational Unit, or the Organizational Unit's
financial profile, as calculated by the State Board.
If the State Board determines that an Organizational
Unit has met the criteria set forth in this paragraph (3),
it must submit a report to the General Assembly, no later
than January 2 of the fiscal year in which the State Board
makes it determination, on the amount of District
Intervention Money to add to the Organizational Unit's Base

10100HB2170sam001 - 353 - LRB101 07409 CMG 74497 a
Funding Minimum. The General Assembly must review the State
Board's report and may approve or disapprove, by joint
resolution, the addition of District Intervention Money.
If the General Assembly fails to act on the report within
40 calendar days from the receipt of the report, the
addition of District Intervention Money is deemed
approved. If the General Assembly approves the amount of
District Intervention Money to be added to the
Organizational Unit's Base Funding Minimum, the District
Intervention Money must be added to the Base Funding
Minimum annually thereafter.
For the first 4 years following the initial year that
the State Board determines that an Organizational Unit has
met the criteria set forth in this paragraph (3) and has
received funding under this Section, the Organizational
Unit must annually submit to the State Board, on or before
November 30, a progress report regarding its financial and
strategic plan under subparagraph (C) of this paragraph
(3). The plan shall include the financial data from the
past 4 annual financial reports or financial audits that
must be presented to the State Board by November 15 of each
year and the approved budget financial data for the current
year. The plan shall be developed according to the
guidelines presented to the Organizational Unit by the
State Board. The plan shall further include financial
projections for the next 3 fiscal years and include a

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discussion and financial summary of the Organizational
Unit's facility needs. If the Organizational Unit does not
demonstrate sufficient progress toward its 5-year plan or
if it has failed to file an annual financial report, an
annual budget, a financial plan, a deficit reduction plan,
or other financial information as required by law, the
State Board may establish a Financial Oversight Panel under
Article 1H of this Code. However, if the Organizational
Unit already has a Financial Oversight Panel, the State
Board may extend the duration of the Panel.
(f) Percent of Adequacy and Final Resources calculation.
(1) The Evidence-Based Funding formula establishes a
Percent of Adequacy for each Organizational Unit in order
to place such units into tiers for the purposes of the
funding distribution system described in subsection (g) of
this Section. Initially, an Organizational Unit's
Preliminary Resources and Preliminary Percent of Adequacy
are calculated pursuant to paragraph (2) of this subsection
(f). Then, an Organizational Unit's Final Resources and
Final Percent of Adequacy are calculated to account for the
Organizational Unit's poverty concentration levels
pursuant to paragraphs (3) and (4) of this subsection (f).
(2) An Organizational Unit's Preliminary Resources are
equal to the sum of its Local Capacity Target, CPPRT, and
Base Funding Minimum. An Organizational Unit's Preliminary
Percent of Adequacy is the lesser of (i) its Preliminary

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Resources divided by its Adequacy Target or (ii) 100%.
(3) Except for Specially Funded Units, an
Organizational Unit's Final Resources are equal to the sum
of its Local Capacity, CPPRT, and Adjusted Base Funding
Minimum. The Base Funding Minimum of each Specially Funded
Unit shall serve as its Final Resources, except that the
Base Funding Minimum for State-approved charter schools
shall not include any portion of general State aid
allocated in the prior year based on the per capita tuition
charge times the charter school enrollment.
(4) An Organizational Unit's Final Percent of Adequacy
is its Final Resources divided by its Adequacy Target. An
Organizational Unit's Adjusted Base Funding Minimum is
equal to its Base Funding Minimum less its Supplemental
Grant Funding, with the resulting figure added to the
product of its Supplemental Grant Funding and Preliminary
Percent of Adequacy.
(g) Evidence-Based Funding formula distribution system.
(1) In each school year under the Evidence-Based
Funding formula, each Organizational Unit receives funding
equal to the sum of its Base Funding Minimum and the unit's
allocation of New State Funds determined pursuant to this
subsection (g). To allocate New State Funds, the
Evidence-Based Funding formula distribution system first
places all Organizational Units into one of 4 tiers in
accordance with paragraph (3) of this subsection (g), based

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on the Organizational Unit's Final Percent of Adequacy. New
State Funds are allocated to each of the 4 tiers as
follows: Tier 1 Aggregate Funding equals 50% of all New
State Funds, Tier 2 Aggregate Funding equals 49% of all New
State Funds, Tier 3 Aggregate Funding equals 0.9% of all
New State Funds, and Tier 4 Aggregate Funding equals 0.1%
of all New State Funds. Each Organizational Unit within
Tier 1 or Tier 2 receives an allocation of New State Funds
equal to its tier Funding Gap, as defined in the following
sentence, multiplied by the tier's Allocation Rate
determined pursuant to paragraph (4) of this subsection
(g). For Tier 1, an Organizational Unit's Funding Gap
equals the tier's Target Ratio, as specified in paragraph
(5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources. For Tier 2, an Organizational Unit's Funding Gap
equals the tier's Target Ratio, as described in paragraph
(5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources and its Tier 1 funding allocation. To determine
the Organizational Unit's Funding Gap, the resulting
amount is then multiplied by a factor equal to one minus
the Organizational Unit's Local Capacity Target
percentage. Each Organizational Unit within Tier 3 or Tier

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4 receives an allocation of New State Funds equal to the
product of its Adequacy Target and the tier's Allocation
Rate, as specified in paragraph (4) of this subsection (g).
(2) To ensure equitable distribution of dollars for all
Tier 2 Organizational Units, no Tier 2 Organizational Unit
shall receive fewer dollars per ASE than any Tier 3
Organizational Unit. Each Tier 2 and Tier 3 Organizational
Unit shall have its funding allocation divided by its ASE.
Any Tier 2 Organizational Unit with a funding allocation
per ASE below the greatest Tier 3 allocation per ASE shall
get a funding allocation equal to the greatest Tier 3
funding allocation per ASE multiplied by the
Organizational Unit's ASE. Each Tier 2 Organizational
Unit's Tier 2 funding allocation shall be multiplied by the
percentage calculated by dividing the original Tier 2
Aggregate Funding by the sum of all Tier 2 Organizational
Units' Tier 2 funding allocation after adjusting
districts' funding below Tier 3 levels.
(3) Organizational Units are placed into one of 4 tiers
as follows:
(A) Tier 1 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy less than the Tier 1 Target Ratio. The Tier 1
Target Ratio is the ratio level that allows for Tier 1
Aggregate Funding to be distributed, with the Tier 1
Allocation Rate determined pursuant to paragraph (4)

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of this subsection (g).
(B) Tier 2 consists of all Tier 1 Units and all
other Organizational Units, except for Specially
Funded Units, with a Percent of Adequacy of less than
0.90.
(C) Tier 3 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy of at least 0.90 and less than 1.0.
(D) Tier 4 consists of all Organizational Units
with a Percent of Adequacy of at least 1.0.
(4) The Allocation Rates for Tiers 1 through 4 are
determined as follows:
(A) The Tier 1 Allocation Rate is 30%.
(B) The Tier 2 Allocation Rate is the result of the
following equation: Tier 2 Aggregate Funding, divided
by the sum of the Funding Gaps for all Tier 2
Organizational Units, unless the result of such
equation is higher than 1.0. If the result of such
equation is higher than 1.0, then the Tier 2 Allocation
Rate is 1.0.
(C) The Tier 3 Allocation Rate is the result of the
following equation: Tier 3 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 3
Organizational Units.
(D) The Tier 4 Allocation Rate is the result of the
following equation: Tier 4 Aggregate Funding, divided

10100HB2170sam001 - 359 - LRB101 07409 CMG 74497 a
by the sum of the Adequacy Targets of all Tier 4
Organizational Units.
(5) A tier's Target Ratio is determined as follows:
(A) The Tier 1 Target Ratio is the ratio level that
allows for Tier 1 Aggregate Funding to be distributed
with the Tier 1 Allocation Rate.
(B) The Tier 2 Target Ratio is 0.90.
(C) The Tier 3 Target Ratio is 1.0.
(6) If, at any point, the Tier 1 Target Ratio is
greater than 90%, then than all Tier 1 funding shall be
allocated to Tier 2 and no Tier 1 Organizational Unit's
funding may be identified.
(7) In the event that all Tier 2 Organizational Units
receive funding at the Tier 2 Target Ratio level, any
remaining New State Funds shall be allocated to Tier 3 and
Tier 4 Organizational Units.
(8) If any Specially Funded Units, excluding Glenwood
Academy, recognized by the State Board do not qualify for
direct funding following the implementation of Public Act
100-465 from any of the funding sources included within the
definition of Base Funding Minimum, the unqualified
portion of the Base Funding Minimum shall be transferred to
one or more appropriate Organizational Units as determined
by the State Superintendent based on the prior year ASE of
the Organizational Units.
(8.5) If a school district withdraws from a special

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education cooperative, the portion of the Base Funding
Minimum that is attributable to the school district may be
redistributed to the school district upon withdrawal. The
school district and the cooperative must include the amount
of the Base Funding Minimum that is to be reapportioned in
their withdrawal agreement and notify the State Board of
the change with a copy of the agreement upon withdrawal.
(9) The Minimum Funding Level is intended to establish
a target for State funding that will keep pace with
inflation and continue to advance equity through the
Evidence-Based Funding formula. The target for State
funding of New Property Tax Relief Pool Funds is
$50,000,000 for State fiscal year 2019 and subsequent State
fiscal years. The Minimum Funding Level is equal to
$350,000,000. In addition to any New State Funds, no more
than $50,000,000 New Property Tax Relief Pool Funds may be
counted toward the Minimum Funding Level. If the sum of New
State Funds and applicable New Property Tax Relief Pool
Funds are less than the Minimum Funding Level, than funding
for tiers shall be reduced in the following manner:
(A) First, Tier 4 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds until such time as
Tier 4 funding is exhausted.
(B) Next, Tier 3 funding shall be reduced by an
amount equal to the difference between the Minimum

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Funding Level and New State Funds and the reduction in
Tier 4 funding until such time as Tier 3 funding is
exhausted.
(C) Next, Tier 2 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 and Tier 3.
(D) Finally, Tier 1 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding level and New State Funds and the reduction in
Tier 2, 3, and 4 funding. In addition, the Allocation
Rate for Tier 1 shall be reduced to a percentage equal
to the Tier 1 Allocation Rate set by paragraph (4) of
this subsection (g), multiplied by the result of New
State Funds divided by the Minimum Funding Level.
(9.5) For State fiscal year 2019 and subsequent State
fiscal years, if New State Funds exceed $300,000,000, then
any amount in excess of $300,000,000 shall be dedicated for
purposes of Section 2-3.170 of this Code up to a maximum of
$50,000,000.
(10) In the event of a decrease in the amount of the
appropriation for this Section in any fiscal year after
implementation of this Section, the Organizational Units
receiving Tier 1 and Tier 2 funding, as determined under
paragraph (3) of this subsection (g), shall be held
harmless by establishing a Base Funding Guarantee equal to

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the per pupil kindergarten through grade 12 funding
received in accordance with this Section in the prior
fiscal year. Reductions shall be made to the Base Funding
Minimum of Organizational Units in Tier 3 and Tier 4 on a
per pupil basis equivalent to the total number of the ASE
in Tier 3-funded and Tier 4-funded Organizational Units
divided by the total reduction in State funding. The Base
Funding Minimum as reduced shall continue to be applied to
Tier 3 and Tier 4 Organizational Units and adjusted by the
relative formula when increases in appropriations for this
Section resume. In no event may State funding reductions to
Organizational Units in Tier 3 or Tier 4 exceed an amount
that would be less than the Base Funding Minimum
established in the first year of implementation of this
Section. If additional reductions are required, all school
districts shall receive a reduction by a per pupil amount
equal to the aggregate additional appropriation reduction
divided by the total ASE of all Organizational Units.
(11) The State Superintendent shall make minor
adjustments to the distribution formula set forth in this
subsection (g) to account for the rounding of percentages
to the nearest tenth of a percentage and dollar amounts to
the nearest whole dollar.
(h) State Superintendent administration of funding and
district submission requirements.
(1) The State Superintendent shall, in accordance with

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appropriations made by the General Assembly, meet the
funding obligations created under this Section.
(2) The State Superintendent shall calculate the
Adequacy Target for each Organizational Unit and Net State
Contribution Target for each Organizational Unit under
this Section. No Evidence-Based Funding shall be
distributed within an Organizational Unit without the
approval of the unit's school board.
(3) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the unit's aggregate
financial adequacy amount, which shall be the sum of the
Adequacy Target for each Organizational Unit. The State
Superintendent shall calculate and report separately for
each Organizational Unit the unit's total State funds
allocated for its students with disabilities. The State
Superintendent shall calculate and report separately for
each Organizational Unit the amount of funding and
applicable FTE calculated for each Essential Element of the
unit's Adequacy Target.
(4) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the amount the unit
must expend on special education and bilingual education
and computer technology and equipment for Organizational
Units assigned to Tier 1 or Tier 2 that received an
additional $285.50 per student computer technology and
equipment investment grant to their Adequacy Target

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pursuant to the unit's Base Funding Minimum, Special
Education Allocation, Bilingual Education Allocation, and
computer technology and equipment investment allocation.
(5) Moneys distributed under this Section shall be
calculated on a school year basis, but paid on a fiscal
year basis, with payments beginning in August and extending
through June. Unless otherwise provided, the moneys
appropriated for each fiscal year shall be distributed in
22 equal payments at least 2 times monthly to each
Organizational Unit. If moneys appropriated for any fiscal
year are distributed other than monthly, the distribution
shall be on the same basis for each Organizational Unit.
(6) Any school district that fails, for any given
school year, to maintain school as required by law or to
maintain a recognized school is not eligible to receive
Evidence-Based Funding. In case of non-recognition of one
or more attendance centers in a school district otherwise
operating recognized schools, the claim of the district
shall be reduced in the proportion that the enrollment in
the attendance center or centers bears to the enrollment of
the school district. "Recognized school" means any public
school that meets the standards for recognition by the
State Board. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal
claim that was filed while it was recognized.

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(7) School district claims filed under this Section are
subject to Sections 18-9 and 18-12 of this Code, except as
otherwise provided in this Section.
(8) Each fiscal year, the State Superintendent shall
calculate for each Organizational Unit an amount of its
Base Funding Minimum and Evidence-Based Funding that shall
be deemed attributable to the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, in a manner that ensures compliance
with maintenance of State financial support requirements
under the federal Individuals with Disabilities Education
Act. An Organizational Unit must use such funds only for
the provision of special educational facilities and
services, as defined in Section 14-1.08 of this Code, and
must comply with any expenditure verification procedures
adopted by the State Board.
(9) All Organizational Units in this State must submit
annual spending plans by the end of September of each year
to the State Board as part of the annual budget process,
which shall describe how each Organizational Unit will
utilize the Base Funding Minimum and Evidence-Based
Funding it receives from this State under this Section with
specific identification of the intended utilization of
Low-Income, English learner, and special education
resources. Additionally, the annual spending plans of each
Organizational Unit shall describe how the Organizational

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Unit expects to achieve student growth and how the
Organizational Unit will achieve State education goals, as
defined by the State Board. The State Superintendent may,
from time to time, identify additional requisites for
Organizational Units to satisfy when compiling the annual
spending plans required under this subsection (h). The
format and scope of annual spending plans shall be
developed by the State Superintendent and the State Board
of Education. School districts that serve students under
Article 14C of this Code shall continue to submit
information as required under Section 14C-12 of this Code.
(10) No later than January 1, 2018, the State
Superintendent shall develop a 5-year strategic plan for
all Organizational Units to help in planning for adequacy
funding under this Section. The State Superintendent shall
submit the plan to the Governor and the General Assembly,
as provided in Section 3.1 of the General Assembly
Organization Act. The plan shall include recommendations
for:
(A) a framework for collaborative, professional,
innovative, and 21st century learning environments
using the Evidence-Based Funding model;
(B) ways to prepare and support this State's
educators for successful instructional careers;
(C) application and enhancement of the current
financial accountability measures, the approved State

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plan to comply with the federal Every Student Succeeds
Act, and the Illinois Balanced Accountability Measures
in relation to student growth and elements of the
Evidence-Based Funding model; and
(D) implementation of an effective school adequacy
funding system based on projected and recommended
funding levels from the General Assembly.
(11) On an annual basis, the State Superintendent must
recalibrate all of the following per pupil elements of the
Adequacy Target and applied to the formulas, based on the
study of average expenses and as reported in the most
recent annual financial report:
(A) Gifted under subparagraph (M) of paragraph (2)
of subsection (b).
(B) Instructional materials under subparagraph (O)
of paragraph (2) of subsection (b).
(C) Assessment under subparagraph (P) of paragraph
(2) of subsection (b).
(D) Student activities under subparagraph (R) of
paragraph (2) of subsection (b).
(E) Maintenance and operations under subparagraph
(S) of paragraph (2) of subsection (b).
(F) Central office under subparagraph (T) of
paragraph (2) of subsection (b).
(i) Professional Review Panel.
(1) A Professional Review Panel is created to study and

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review topics related to the implementation and effect of
Evidence-Based Funding, as assigned by a joint resolution
or Public Act of the General Assembly or a motion passed by
the State Board of Education. The Panel must provide
recommendations to and serve the Governor, the General
Assembly, and the State Board. The State Superintendent or
his or her designee must serve as a voting member and
chairperson of the Panel. The State Superintendent must
appoint a vice chairperson from the membership of the
Panel. The Panel must advance recommendations based on a
three-fifths majority vote of Panel members present and
voting. A minority opinion may also accompany any
recommendation of the Panel. The Panel shall be appointed
by the State Superintendent, except as otherwise provided
in paragraph (2) of this subsection (i) and include the
following members:
(A) Two appointees that represent district
superintendents, recommended by a statewide
organization that represents district superintendents.
(B) Two appointees that represent school boards,
recommended by a statewide organization that
represents school boards.
(C) Two appointees from districts that represent
school business officials, recommended by a statewide
organization that represents school business
officials.

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(D) Two appointees that represent school
principals, recommended by a statewide organization
that represents school principals.
(E) Two appointees that represent teachers,
recommended by a statewide organization that
represents teachers.
(F) Two appointees that represent teachers,
recommended by another statewide organization that
represents teachers.
(G) Two appointees that represent regional
superintendents of schools, recommended by
organizations that represent regional superintendents.
(H) Two independent experts selected solely by the
State Superintendent.
(I) Two independent experts recommended by public
universities in this State.
(J) One member recommended by a statewide
organization that represents parents.
(K) Two representatives recommended by collective
impact organizations that represent major metropolitan
areas or geographic areas in Illinois.
(L) One member from a statewide organization
focused on research-based education policy to support
a school system that prepares all students for college,
a career, and democratic citizenship.
(M) One representative from a school district

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organized under Article 34 of this Code.
The State Superintendent shall ensure that the
membership of the Panel includes representatives from
school districts and communities reflecting the
geographic, socio-economic, racial, and ethnic diversity
of this State. The State Superintendent shall additionally
ensure that the membership of the Panel includes
representatives with expertise in bilingual education and
special education. Staff from the State Board shall staff
the Panel.
(2) In addition to those Panel members appointed by the
State Superintendent, 4 members of the General Assembly
shall be appointed as follows: one member of the House of
Representatives appointed by the Speaker of the House of
Representatives, one member of the Senate appointed by the
President of the Senate, one member of the House of
Representatives appointed by the Minority Leader of the
House of Representatives, and one member of the Senate
appointed by the Minority Leader of the Senate. There shall
be one additional member appointed by the Governor. All
members appointed by legislative leaders or the Governor
shall be non-voting, ex officio members.
(3) The Panel must study topics at the direction of the
General Assembly or State Board of Education, as provided
under paragraph (1). The Panel may also study the following
topics at the direction of the chairperson:

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(A) The format and scope of annual spending plans
referenced in paragraph (9) of subsection (h) of this
Section.
(B) The Comparable Wage Index under this Section.
(C) Maintenance and operations, including capital
maintenance and construction costs.
(D) "At-risk student" definition.
(E) Benefits.
(F) Technology.
(G) Local Capacity Target.
(H) Funding for Alternative Schools, Laboratory
Schools, safe schools, and alternative learning
opportunities programs.
(I) Funding for college and career acceleration
strategies.
(J) Special education investments.
(K) Early childhood investments, in collaboration
with the Illinois Early Learning Council.
(4) (Blank).
(5) Within 5 years after the implementation of this
Section, and every 5 years thereafter, the Panel shall
complete an evaluative study of the entire Evidence-Based
Funding model, including an assessment of whether or not
the formula is achieving State goals. The Panel shall
report to the State Board, the General Assembly, and the
Governor on the findings of the study.

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(6) (Blank).
(7) To ensure that (i) the Adequacy Target calculation
under subsection (b) accurately reflects the needs of
students living in poverty or attending schools located in
areas of high poverty, (ii) racial equity within the
Evidence-Based Funding formula is explicitly explored and
advanced, and (iii) the funding goals of the formula
distribution system established under this Section are
sufficient to provide adequate funding for every student
and to fully fund every school in this State, the Panel
shall review the Essential Elements under paragraph (2) of
subsection (b). The Panel shall consider all of the
following in its review:
(A) The financial ability of school districts to
provide instruction in a foreign language to every
student and whether an additional Essential Element
should be added to the formula to ensure that every
student has access to instruction in a foreign
language.
(B) The adult-to-student ratio for each Essential
Element in which a ratio is identified. The Panel shall
consider whether the ratio accurately reflects the
staffing needed to support students living in poverty
or who have traumatic backgrounds.
(C) Changes to the Essential Elements that may be
required to better promote racial equity and eliminate

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structural racism within schools.
(D) The impact of investing $350,000,000 in
additional funds each year under this Section and an
estimate of when the school system will become fully
funded under this level of appropriation.
(E) Provide an overview of alternative funding
structures that would enable the State to become fully
funded at an earlier date.
(F) The potential to increase efficiency and to
find cost savings within the school system to expedite
the journey to a fully funded system.
On or before April 1, 2021, the Panel shall report to
the State Board, the General Assembly, and the Governor on
the findings of its review. This paragraph (7) is
inoperative on and after April 1, 2022.
(j) References. Beginning July 1, 2017, references in other
laws to general State aid funds or calculations under Section
18-8.05 of this Code (now repealed) shall be deemed to be
references to evidence-based model formula funds or
calculations under this Section.
(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
Article 90.

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Section 90-5. The Department of Human Services Act is
amended by adding Section 10-75 as follows:
(20 ILCS 1305/10-75 new)
Sec. 10-75. Findings; compensation; barriers.
(a) The General Assembly makes all of the following
findings:
(1) Research demonstrates that the effectiveness of an
early childhood teacher is a predictor for the positive
developmental and academic outcomes for children.
(2) The work of early childhood educators is
sophisticated and central to the healthy learning and
development of young children and takes place in diverse
settings, including schools, community-based centers, and
homes.
(3) It is critically important for children's outcome
to have educators that reflect the diversity of the
families and communities they serve.
(4) The early childhood workforce is more racially
diverse than the K-12 workforce and its members hold
degrees, have earned credentials, and have years of
experience in the field of early childhood education.
(5) The early childhood workforce, particularly those
members who work in community-based settings and those who
work with infants and toddlers, are often not paid wages
that are aligned with the sophistication of their work and

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their level of education.
(6) All regions and settings have difficulty in finding
qualified teachers.
(7) A disproportionate number of Black and Latinx women
serve in essential, frontline positions, but are
underrepresented as lead teachers and in program
leadership where credentials and degrees are required.
(8) Members of the early childhood workforce face
multiple barriers that prevent them from attaining the
additional credentials and degrees required for career
advancement and higher levels of compensation.
(b) The Department of Human Services shall conduct an
analysis of the data relating to teachers that is available in
the Gateways to Opportunity Registry under the Gateways to
Opportunity program established in Section 10-70 of this Act to
ascertain those individuals who are participating in the
Gateways to Opportunity program and who are close to attaining
a higher credential lever or degree. If the following
information is available in the Gateways to Opportunity
Registry, the analysis of data about an identified individual
shall include the individual's geographic location,
demographic information, work setting, and the age groups of
the children for which the individual is responsible.
(c) The Department of Human Services shall conduct outreach
and provide targeted coaching and access to financial support
that shall include, but is not limited to, scholarships and

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debt relief, to members of the early childhood workforce in a
manner that must prioritize (i) increasing the diversity of the
teacher pipeline, (ii) the regions in the State that have the
greatest need, and (iii) those children in age groups who are
experiencing the greatest shortage of teachers.
(d) The State Board of Education, in cooperation with the
Department of Human Services, shall provide additional
financial support to members of the early childhood workforce
regardless of the setting in which they work and the
credentials they seek. The State Board of Education shall
prioritize potential candidates for assistance under this
Section by those individuals who have the greatest need in the
field of early childhood education.
(e) The Department of Human Services shall prepare and
submit reports annually to the General Assembly disclosing the
individuals who received financial assistance, scholarships,
or other types of financial support provided through or
administered by the Department of Human Services or by the
State Board of Education. If the following information is
available in the Gateways to Opportunity Registry, the analysis
of data about the recipients of financial assistance shall
include the geographic location, demographic information, work
setting, the age groups of the children for which a recipient
is responsible, and the degrees or credentials a recipient has
attained.
(f) In cooperation with the Department of Human Services,

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the Board of Higher Education in the course of their strategic
planning process shall review the barriers to higher education
and career advancement experienced by the early childhood
workforce and by teachers of color. The Board of Higher
Education shall place particular focus on the barriers
experienced by the early childhood workforce and by teachers of
color in accessing and completing the required coursework
needed to attain additional credentials and degrees. The Board
of Higher Education shall make policy recommendations and
recommendations for the changes in practices to better meet the
needs of the early childhood workforce that is largely
comprised of non-traditional students and women of color.
(g) Subject to appropriation, the Department of Human
Services and the State Board of Education shall prioritize
reducing the compensation disparities that exist between
members of the early childhood workforce and their K-12
workforce counterparts and the disparities that exist within
the early childhood workforce between the settings and the age
groups of children in which they work.
Article 95.
Section 95-1. Short title. This Article may be cited as the
Equity in Higher Education Act. References in this Article to
"this Act" mean this Article.

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Section 95-5. Findings; policies.
(a) The General Assembly finds the following:
(1) Historic and continuous systemic racism has
created significant disparities in college access,
affordability, and completion for Black, Latinx,
low-income, and other underrepresented and historically
underserved students.
(2) Higher education is examining its role as a
contributor to systemic racism, while recognizing its
place in providing opportunity and upward mobility, and its
role as a powerful actor in dismantling systemic racism.
(3) Chicago State University has created the Equity
Working Group, which includes statewide representation of
private, community, and public sector stakeholders, to
create an action plan for employers, the secondary and
postsecondary education systems, philanthropic
organizations, community-based organizations, and our
executive and legislative bodies to improve college
access, completion, and post-graduation outcomes for Black
college students in Illinois.
(4) Despite similar numbers of Black high school
graduates, Illinois saw about 25,000 fewer Black enrollees
in Illinois higher education in 2018 compared to 2008.
(5) Illinois must address wide disparities in degree
completion at Illinois community colleges, which currently
graduate Black and Latinx students at a rate of 14% and 26%

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respectively compared to the rate of 38% for White
students, as well as at public universities, which
currently graduate Black and Latinx students at a rate of
34% and 49% respectively compared to 66% of White students,
within 6 years.
(6) The State of Illinois benefits from a diverse
public higher education system that includes universities
and community colleges with different missions and scopes
that maximize college enrollment, persistence, and
completion of underrepresented and historically
underserved students, including Black and Latinx students
and students from low-income families.
(7) Illinois has a moral obligation and an economic
interest in dismantling and reforming structures that
create or exacerbate racial and socioeconomic inequities
in K-12 and higher education.
(8) The Board of Higher Education has a statutory
obligation to create a strategic plan for higher education
and has adopted core principles to guide this plan.
(9) The Board of Higher Education has included among
its core principles designed to guide the strategic plan
the assumption that excellence coupled with equity should
drive the higher education system and that the higher
education system will make equity-driven decisions,
elevating the voices of those who have been underserved,
and actively identify and remove systemic barriers that

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have prevented students of color, first generation college
students, low-income students, adult learners, and rural
students from accessing and succeeding in higher
education; access and affordability as well as high quality
are embedded in the definition of equity.
(b) The General Assembly supports all of the following work
and goals of the Board of Higher Education:
(1) Its work on the strategic plan for higher education
and the vision it has set forth that over the next 10 years
Illinois will have an equitable, accessible, innovative,
nimble, and aligned higher education ecosystem that
ensures individuals, families, and communities across the
state thrive.
(2) Its goal to close equity gaps in higher education
in Illinois and that the strategic plan will identify
multiple strategies to achieve this goal.
(3) Its goal to increase postsecondary
credential/degree attainment and develop talent to drive
the economy of Illinois and that the strategic plan will
identify strategies to achieve this goal, including
embedding equity in the State's attainment goal.
(4) Its goal to improve higher education
affordability, increase access, and manage costs and the
expectation that the strategic plan will identify
strategies for stakeholders to achieve these goals,
including opportunities to improve efficiency and

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principles for equitable and adequate ways to fund higher
education.
(c) The General Assembly encourages the Board of Higher
Education to prepare an array of policy, practice, and proposed
legislative changes required to implement the strategic plan,
along with an implementation process and timeline by May 1,
2021 and to regularly evaluate the impact of the implementation
of the strategic plan and publicly report the evaluation to
ensure that the goals are achieved as intended and lead to a
high-quality, equitable, and diverse higher education system
in Illinois.
Article 100.
Section 100-1. Short title. This Act may be cited as the
Developmental Education Reform Act. References in this Article
to "this Act" mean this Article.
Section 100-5. Findings. The General Assembly makes all of
the following findings:
(1) Nearly 50% of this State's high school graduates
who enroll full-time in a community college are placed in
developmental education coursework in at least one
subject. Community colleges place nearly 71% of Black
students in developmental education courses compared to
42% of white students.

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(2) Traditional developmental education courses cost
students' time and money and expend their financial aid
because a student does not receive college credit for the
successful completion of a traditional developmental
education course. This can be a barrier to enrollment,
persistence, and certificate or degree completion.
(3) Developmental education courses can exacerbate
inequities in higher education. Community colleges
graduate Black students who are placed in developmental
education courses at a rate of approximately 8% compared to
a graduation rate of 26% for white students who are placed
in developmental education courses.
(4) A history of inconsistent and inadequate
approaches to student placement in community college
coursework, such as the reliance on standardized test
scores, has resulted in too many students being placed in
developmental education coursework who could otherwise
succeed in introductory college-level coursework or
introductory college-level coursework with concurrent
support.
(5) Public institutions of higher education and State
agencies have undertaken voluntary efforts and committed
resources to improve placement and to address disparities
in the successful completion of introductory college-level
coursework.
(6) The Illinois Council of Community College

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Presidents, the Illinois Community College Chief Academic
Officers Commission, the Illinois Community College Chief
Student Services Officers Commission, and the Illinois
Mathematics Association of Community Colleges have already
developed and approved a more equitable, multiple measures
framework for placement in coursework that is currently
implemented at many but not all community colleges.
(7) In 2019, members of the General Assembly, faculty
and administrators from public institutions of higher
education, board trustees from community college
districts, representatives from the Board of Higher
Education, the Illinois Community College Board, and other
appointed stakeholders convened a task force to inventory
and study developmental education models employed by
public community colleges and universities in this State
and to submit a detailed plan for scaling developmental
education reforms in which all students who are placed in
developmental education coursework are enrolled in an
evidence-based developmental education model that
maximizes a student's likelihood of completing an
introductory college-level course within his or her first 2
semesters at an institution of higher education. The data
released by the task force indicates all of the following:
(A) Despite more effective developmental education
models, community colleges and universities use the
traditional developmental education model for 77% of

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students who place in a developmental education
mathematics course and for 67% of students who place in
a developmental English language course.
(B) In a 2017 cohort study, only 25% of the
students who were placed in traditional developmental
education mathematics courses and only 42% of students
who were placed in traditional developmental English
language courses completed the developmental education
courses and introductory college-level courses with a
grade of "C" or better within 2 years compared to the
completion rate of 65% of students who were placed
directly in introductory college-level mathematics
courses with concurrent support and 75% of students who
were placed directly in introductory college-level
English language courses with concurrent support.
(C) Improved policies, programs, and practices are
essential to address the systemic inequities that
exist in postsecondary education in this State, such as
the disproportionate enrollment of Black students in
developmental education courses.
Section 100-10. Definitions. In this Act:
"College-level English language or mathematics course" or
"college-level English language or mathematics coursework"
means a course that bears credit and fulfills English language
or mathematics credit requirements for a baccalaureate degree,

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a certificate, or an associate degree from a postsecondary
educational institution.
"Community college" means a public community college in
this State.
"Developmental education" means instruction through which
a high school graduate who applies to a college credit program
may attain the communication and computation skills necessary
to successfully complete college-level coursework.
"Developmental education course" or "developmental
education coursework" means a course or a category of courses
in which students are placed based on an institution's finding
that a student does not have the proficiency necessary to
succeed in an introductory college-level English language or
mathematics course.
"Institution of higher education" or "institution" means a
public community college or university in this State.
"University" means a public university in this State.
Section 100-15. Placement measures.
(a) On or before May 1, 2022, a community college shall use
each of the following measures, as appropriate, to determine
the placement of a student in introductory college-level
English language or mathematics coursework and shall use the
scores set forth in recommendations approved by the Illinois
Council of Community College Presidents on June 1, 2018:
(1) A student's cumulative high school grade point

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average.
(2) A student's successful completion of an
appropriate high school transition course in mathematics
or English.
(3) A student's successful completion of an
appropriate developmental education or introductory
college-level English language or mathematics course at
another regionally accredited postsecondary educational
institution.
(b) In determining the placement of a student in
introductory college-level English language or mathematics
coursework, a community college shall consider the
standardized test scores provided by the student for placement
in an introductory college-level English language or
mathematics course.
In addition, a community college is encouraged to use the
scores set forth in recommendations approved by the Illinois
Council of Community College Presidents on June 1, 2018 and
should also consider other individual measures for placement in
an introductory college-level English language or mathematics
course, as set forth in recommendations approved by the
Illinois Council of Community College Presidents on June 1,
2018, and the scores set forth in those recommendations.
In its discretion, a community college may accept a lower
score on individual placement measures or accept lower scores
in combination with other placement measures than those set

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forth in the recommendations.
(c) If a student qualifies for placement in an introductory
college-level English language or mathematics course using a
single measure under subsection (a) or (b), no additional
measures need to be considered for placement of the student in
the introductory college-level English language or mathematics
course.
Section 100-20. Recommendations of Illinois Council of
Community College Presidents; revisions. If the Illinois
Council of Community College Presidents approves any revised
recommendations for determining the placement of students in
introductory college-level English language or mathematics
courses in response to changes in scoring systems, the
introduction and use of additional measures, or evidence that
demonstrates the inaccuracy in the use of scores in previous
recommendations, then, within one year after the date of the
adoption of those revised recommendations, references in this
Act to recommendations approved by the Illinois Council of
Community College Presidents on June 1, 2018 shall mean the
revised recommendations. The General Assembly may request that
the Illinois Council of Community College Presidents provide to
the General Assembly the rationale and supporting evidence for
any revision to the Council's recommendations.
Section 100-25. Placement policy; report.

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(a) Each institution of higher education shall publicly
post its placement policy in a manner that is easily accessible
to both students and prospective students.
(b) On or before July 1, 2023, the Illinois Community
College Board shall issue a report, which shall be made
available to the public on its Internet website, concerning
each community college's developmental education and
college-level coursework placement policy and the policy's
outcomes. The data disclosed in the report must be consistent
with the Illinois Community College Board's requirements for
data collection and must be disaggregated by developmental
education course model, as defined by the Illinois Community
College Board, and by gender, race and ethnicity, and federal
Pell Grant status.
Section 100-30. Institutional plans; report.
(a) On or before January 1, 2022, each university shall
submit to the Board of Higher Education and each community
college shall submit to the Illinois Community College Board
its institutional plan for scaling evidence-based
developmental education reforms to maximize the probability
that a student will be placed in and successfully complete
introductory college-level English language or mathematics
coursework within 2 semesters at the institution. At a minimum,
a plan submitted by an institution shall include all of the
following:

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(1) A description of the current developmental
education models offered by the institution. If the
institution does not currently offer developmental
education coursework, it must provide details regarding
its decision not to offer developmental education
coursework and the pathways that are available to students
deemed to be insufficiently prepared for introductory
college-level English language or mathematics coursework.
(2) A description of the developmental education
models that will be implemented and scaled and the basis of
the evidence and associated data that the institution
considered in making the decision to scale each model.
(3) Baseline data and benchmarks for progress,
including, but not limited to, (i) enrollment in
credit-bearing English language or mathematics courses,
(ii) rates of successful completion of introductory
college-level English language or mathematics courses, and
(iii) college-credit accumulation.
(4) Detailed plans for scaling reforms and improving
outcomes for all students placed in traditional
developmental education models or models with comparable
introductory college-level course completion rates. The
plan shall provide details about the expected improvements
in educational outcomes for Black students as result of the
proposed reforms.
(b) On or before January 1, 2023 and each year thereafter,

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the Board of Higher Education and Illinois Community College
Board shall collect data and report to the General Assembly and
the public the status of developmental education reforms at
institutions. The report must include data on the progress of
the developmental education reforms, including, but not
limited to, (i) enrollment in credit-bearing English language
or mathematics courses, (ii) rates of successful completion of
introductory college-level English language or mathematics
courses, and (iii) college-credit accumulation. The data must
be disaggregated by gender, race and ethnicity, federal Pell
Grant status, and other variables of interest to the Board of
Higher Education and the Illinois Community College Board.
(c) On or before January 1, 2024 and each year thereafter,
the Board of Higher Education and Illinois Community College
Board, in consultation with institutions of higher education
and other stakeholders, shall consider additional data
reporting requirements to facilitate the rigorous and
continuous evaluation of each institution's implementation
plan and its impact on improving outcomes for students in
developmental education, particularly for Black students.
Section 100-90. Family Educational Rights and Privacy Act
of 1974. Nothing in this Act supersedes the federal Family
Educational Rights and Privacy Act of 1974 or rules adopted
pursuant to the federal Family Educational Rights and Privacy
Act of 1974.

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Article 105.
Section 105-5. The Illinois Administrative Procedure Act
is amended by adding Section 5-45.8 as follows:
(5 ILCS 100/5-45.8 new)
Sec. 5-45.8. Emergency rulemaking. To provide for the
expeditious and timely implementation of this amendatory Act of
the 101st General Assembly, emergency rules implementing this
amendatory Act of the 101st General Assembly may be adopted in
accordance with Section 5-45 to implement this amendatory Act
of the 101st General Assembly. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
This Section is repealed on January 1, 2026.
Section 105-10. The Invest in Kids Act is amended by
changing Sections 5, 10, 40, and 45 and by adding Section 7.5
as follows:
(35 ILCS 40/5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5. Definitions. As used in this Act:
"Authorized contribution" means the contribution amount
that is listed on the contribution authorization certificate

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issued to the taxpayer.
"Board" means the State Board of Education.
"Contribution" means a donation made by the taxpayer during
the taxable year for providing scholarships as provided in this
Act.
"Custodian" means, with respect to eligible students, an
Illinois resident who is a parent or legal guardian of the
eligible student or students.
"Department" means the Department of Revenue.
"Eligible student" means a child who:
(1) is a member of a household whose federal adjusted
gross income the year before he or she initially receives a
scholarship under this program, as determined by the
Department, does not exceed 300% of the federal poverty
level and, once the child receives a scholarship, does not
exceed 400% of the federal poverty level;
(2) is eligible to attend a public elementary school or
high school in Illinois in the semester immediately
preceding the semester for which he or she first receives a
scholarship or is starting school in Illinois for the first
time when he or she first receives a scholarship; and
(3) resides in Illinois while receiving a scholarship.
"Family member" means a parent, child, or sibling, whether
by whole blood, half blood, or adoption; spouse; or stepchild.
"Focus district" means a school district which has a school
that is either (i) a school that has one or more subgroups in

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which the average student performance is at or below the State
average for the lowest 10% of student performance in that
subgroup or (ii) a school with an average graduation rate of
less than 60% and not identified for priority.
"Jointly-administered CTE program" means a program or set
of programs within a non-public school located in Illinois, as
determined by the Department of Labor pursuant to Section 7.5
of this Act.
"Necessary costs and fees" includes the customary charge
for instruction and use of facilities in general and the
additional fixed fees charged for specified purposes that are
required generally of non-scholarship recipients for each
academic period for which the scholarship applicant actually
enrolls, including costs associated with student assessments,
but does not include fees payable only once and other
contingent deposits that are refundable in whole or in part.
The Board may prescribe, by rules consistent with this Act,
detailed provisions concerning the computation of necessary
costs and fees.
"Scholarship granting organization" means an entity that:
(1) is exempt from taxation under Section 501(c)(3) of
the Internal Revenue Code;
(2) uses at least 95% of the qualified contributions
received during a taxable year for scholarships;
(3) provides scholarships to students according to the
guidelines of this Act;

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(4) deposits and holds qualified contributions and any
income derived from qualified contributions in an account
that is separate from the organization's operating fund or
other funds until such qualified contributions or income
are withdrawn for use; and
(5) is approved to issue certificates of receipt.
"Qualified contribution" means the authorized contribution
made by a taxpayer to a scholarship granting organization for
which the taxpayer has received a certificate of receipt from
such organization.
"Qualified school" means a non-public school located in
Illinois and recognized by the Board pursuant to Section
2-3.25o of the School Code.
"Scholarship" means an educational scholarship awarded to
an eligible student to attend a qualified school of their
custodians' choice in an amount not exceeding the necessary
costs and fees to attend that school.
"Taxpayer" means any individual, corporation, partnership,
trust, or other entity subject to the Illinois income tax. For
the purposes of this Act, 2 individuals filing a joint return
shall be considered one taxpayer.
"Technical academy" means a non-public school located in
Illinois that (i) registers with the Board pursuant to Section
2-3.25o of the School Code and (ii) operates or will operate a
jointly-administered CTE program as the primary focus of the
school. To maintain its status as a technical academy, the

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non-public school must obtain recognition from the Board
pursuant to Section 2-3.25o of the School Code within 2
calendar years of its registration with the Board.
(Source: P.A. 100-465, eff. 8-31-17.)
(35 ILCS 40/7.5 new)
Sec. 7.5. Determination of jointly-administered CTE
programs.
(a) Upon its own motion, or petition from a qualified
school or technical academy, the Department of Labor shall
determine whether a program or set of programs offered or
proposed by a qualified school or technical academy provides
coursework and training in career and technical education
pathways aligned to industry-recognized certifications and
credentials. The Department of Labor shall make that
determination based upon whether the industry-recognized
certifications or credentials that are the focus of a qualified
school or technical academy's coursework and training program
or set of programs (i) are associated with an occupation
determined to fall under the LEADING or EMERGING priority
sectors as determined through Illinois' Workforce Innovation
and Opportunity Act Unified State Plan, and (ii) provide wages
that are at least 70% of the average annual wage in the State
as determined by the United States Bureau of Labor Statistics.
The Department of Labor shall publish a list of approved
jointly-administered programs on its website and otherwise

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make such list available to the public.
(b) A qualified school or technical academy may petition
the Department of Labor to obtain a determination that a
proposed program or set of programs that it seeks to offer
qualifies as a jointly-administered CTE program under
subsection (a) of this Section. A petitioner shall file one
original petition in the format provided by the Department of
Labor and in the manner specified by the Department of Labor.
The petitioner may withdraw his or her petition by submitting a
written statement to the Department indicating withdrawal. The
Department shall approve or deny a petition within 180 days of
its submission, and, upon approval, shall proceed to add the
program or set of programs to the list of approved
jointly-administered CTE programs. The approval or denial of
any petition is a final decision of the Department, subject to
judicial review under the Administrative Review Law.
Jurisdiction and venue are vested in the circuit court.
(c) The Department of Labor shall evaluate the approved
jointly-administered CTE programs under this Section once
every 5 years. At this time, the Department shall determine
whether these programs continue to meet the requirements set
forth in subsection (a) of this Section.
(35 ILCS 40/10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10. Credit awards.

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(a) The Department shall award credits against the tax
imposed under subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act to taxpayers who make qualified
contributions. For contributions made under this Act, the
credit shall be equal to % 75% of the total amount of qualified
contributions made by the taxpayer during a taxable year, not
to exceed a credit of $1,333,333 $1,000,000 per taxpayer.
(b) The aggregate amount of all credits the Department may
award under this Act in any calendar year may not exceed
$,000,000 $75,000,000. The aggregate credit cap under this
subsection (b) shall be increased by 20% beginning on the first
day of a calendar year if, in at least 2 of the previous 3
calendar years, the applicable aggregate credit cap was
reached.
(c) Contributions made by corporations (including
Subchapter S corporations), partnerships, and trusts under
this Act may not be directed to a particular subset of schools
or , a particular school, but may not be directed to a
particular group of students, or a particular student.
Contributions made by individuals under this Act may be
directed to a particular subset of schools or a particular
school but may not be directed to a particular group of
students or a particular student.
(d) No credit shall be taken under this Act for any
qualified contribution for which the taxpayer claims a federal
income tax deduction.

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(e) Credits shall be awarded in a manner, as determined by
the Department, that is geographically proportionate to
enrollment in recognized non-public schools in Illinois. If the
cap on the aggregate credits that may be awarded by the
Department is not reached by April 1 June 1 of a given year,
the Department shall award remaining credits on a first-come,
first-served basis, without regard to the limitation of this
subsection.
(f) Credits awarded for donations made to a technical
academy shall be awarded without regard to subsection (e), but
shall not exceed 15% of the annual statewide program cap. For
the purposes of this subsection, "technical academy" means a
technical academy that is registered with the Board within 30
days after the effective date of this amendatory Act of the
101st General Assembly.
(Source: P.A. 100-465, eff. 8-31-17.)
(35 ILCS 40/40)
(Section scheduled to be repealed on January 1, 2024)
Sec. 40. Scholarship granting organization
responsibilities.
(a) Before granting a scholarship for an academic year, all
scholarship granting organizations shall assess and document
each student's eligibility for the academic year.
(b) A scholarship granting organization shall grant
scholarships only to eligible students.

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(c) A scholarship granting organization shall allow an
eligible student to attend any qualified school of the
student's choosing, subject to the availability of funds.
(d) In granting scholarships, beginning in the 2022-2023
school year and each school year thereafter, a scholarship
granting organization shall give first priority to eligible
students who received a scholarship from a scholarship granting
organization during the previous school year. Second priority
shall be given to the following priority groups:
(1) (blank); eligible students who received a
scholarship from a scholarship granting organization
during the previous school year;
(2) eligible students who are members of a household
whose previous year's total annual income does not exceed
185% of the federal poverty level;
(3) eligible students who reside within a focus
district; and
(4) eligible students who are siblings of students
currently receiving a scholarship.
(d-5) A scholarship granting organization shall begin
granting scholarships no later than February 1 preceding the
school year for which the scholarship is sought. Each The
priority group groups identified in subsection (d) of this
Section shall be eligible to receive scholarships on a
first-come, first-served basis until the April 1 immediately
preceding the school year for which the scholarship is sought

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starting with the first priority group identified in subsection
(d) of this Section. Applications for scholarships for eligible
students meeting the qualifications of one or more priority
groups that are received before April 1 must be either approved
or denied within 10 business days after receipt. Beginning
April 1, all eligible students shall be eligible to receive
scholarships without regard to the priority groups identified
in subsection (d) of this Section.
(e) Except as provided in subsection (e-5) of this Section,
scholarships shall not exceed the lesser of (i) the statewide
average operational expense per student among public schools or
(ii) the necessary costs and fees for attendance at the
qualified school. Scholarships shall be prorated as follows:
(1) for eligible students whose household income is
less than 185% of the federal poverty level, the
scholarship shall be 100% of the amount determined pursuant
to this subsection (e) and subsection (e-5) of this
Section;
(2) for eligible students whose household income is
185% or more of the federal poverty level but less than
250% of the federal poverty level, the average of
scholarships shall be 75% of the amount determined pursuant
to this subsection (e) and subsection (e-5) of this
Section; and
(3) for eligible students whose household income is
250% or more of the federal poverty level, the average of

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scholarships shall be 50% of the amount determined pursuant
to this subsection (e) and subsection (e-5) of this
Section.
(e-5) The statewide average operational expense per
student among public schools shall be multiplied by the
following factors:
(1) for students determined eligible to receive
services under the federal Individuals with Disabilities
Education Act, 2;
(2) for students who are English learners, as defined
in subsection (d) of Section 14C-2 of the School Code, 1.2;
and
(3) for students who are gifted and talented children,
as defined in Section 14A-20 of the School Code, 1.1; and .
(4) for students enrolled in a jointly-administered
CTE program, 1.5.
(f) A scholarship granting organization shall distribute
scholarship payments to the participating school where the
student is enrolled.
(g) Beginning in For the 2018-2019 school year through the
2021-2022 school year, each scholarship granting organization
shall expend no less than 75% of the qualified contributions
received during the calendar year in which the qualified
contributions were received. No more than 25% of the qualified
contributions may be carried forward to the following calendar
year.

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(h) In determining compliance with subsection (g), a
scholarship granting organization may exempt a portion of
donations directed to a technical academy operating in the
first two calendar years in which the school is eligible to
receive donations. For purposes of determining compliance with
subsection (g) the sum of exempted donations per technical
academy shall not exceed $3,000,000 over the 2-calendar year
period. Not more than one scholarship granting organization
shall exempt a portion of directed donations per technical
academy. For the 2022-2023 school year, each scholarship
granting organization shall expend all qualified contributions
received during the calendar year in which the qualified
contributions were received. No qualified contributions may be
carried forward to the following calendar year.
(i) A scholarship granting organization shall allow an
eligible student to transfer a scholarship during a school year
to any other participating school of the custodian's choice.
Such scholarships shall be prorated.
(j) With the prior approval of the Department, a
scholarship granting organization may transfer funds to
another scholarship granting organization if additional funds
are required to meet scholarship demands at the receiving
scholarship granting organization. All transferred funds must
be deposited by the receiving scholarship granting
organization into its scholarship accounts. All transferred
amounts received by any scholarship granting organization must

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be separately disclosed to the Department.
(k) If the approval of a scholarship granting organization
is revoked as provided in Section 20 of this Act or the
scholarship granting organization is dissolved, all remaining
qualified contributions of the scholarship granting
organization shall be transferred to another scholarship
granting organization. All transferred funds must be deposited
by the receiving scholarship granting organization into its
scholarship accounts.
(l) Scholarship granting organizations shall make
reasonable efforts to advertise the availability of
scholarships to eligible students.
(Source: P.A. 100-465, eff. 8-31-17.)
(35 ILCS 40/45)
(Section scheduled to be repealed on January 1, 2024)
Sec. 45. State Board responsibilities.
(a) Beginning in the 2019-2020 school year, students who
have been granted a scholarship under this Act shall be
annually assessed at the qualified school where the student
attends school in the same manner in which students that attend
public schools are annually assessed pursuant to Section
2-3.64a-5 of the School Code. Such qualified school shall pay
costs associated with this requirement.
(b) The Board shall select an independent research
organization, which may be a public or private entity or

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university, to which participating qualified schools must
report the scores of students who are receiving scholarships
and are assessed pursuant to subsection (a) of this Section.
Costs associated with the independent research organization
shall be paid by the scholarship granting organizations on a
per-pupil basis or by gifts, grants, or donations received by
the Board under subsection (d) of this Section, as determined
by the Board. The independent research organization must
annually report to the Board on the year-to-year learning gains
of students receiving scholarships on a statewide basis. The
report shall also include, to the extent possible, a comparison
of these learning gains to the statewide learning gains of
public school students with socioeconomic backgrounds similar
to those of students receiving scholarships. The annual report
shall be delivered to the Board and published on its website.
(c) Beginning within 120 days after the Board first
receives the annual report by the independent research
organization as provided in subsection (b) of this Section and
on an annual basis thereafter, the Board shall submit a written
report to the Governor, the President of the Senate, the
Speaker of the House of Representatives, the Minority Leader of
the Senate, and the Minority Leader of the House of
Representatives regarding this Act. Such report shall include
an evaluation of the academic performance of students receiving
scholarships and recommendations for improving student
performance.

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(d) Subject to the State Officials and Employees Ethics
Act, the Board may receive and expend gifts, grants, and
donations of any kind from any public or private entity to
carry out the purposes of this Section, subject to the terms
and conditions under which the gifts are given, provided that
all such terms and conditions are permissible under law.
(e) The sharing and reporting of student assessment
learning gain data under this Section must be in accordance
with requirements of the Family Educational Rights and Privacy
Act and the Illinois School Student Records Act. All parties
must preserve the confidentiality of such information as
required by law. The annual report must not disaggregate data
to a level that will disclose the academic level of individual
students.
(Source: P.A. 100-465, eff. 8-31-17.)
(35 ILCS 40/65 rep.)
(35 ILCS 40/995 rep.)
Section 105-15. The Invest in Kids Act is amended by
repealing Sections 65 and 995.
Article 110.
Section 110-5. The Illinois Vehicle Code is amended by
changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
11-208.9, and 11-1201.1 as follows:

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(625 ILCS 5/6-209.1)
Sec. 6-209.1. Restoration of driving privileges;
revocation; suspension; cancellation.
(a) The Secretary shall rescind the suspension or
cancellation of a person's driver's license that has been
suspended or canceled before July 1, 2020 (the effective date
of Public Act 101-623) this amendatory Act of the 101st General
Assembly due to:
(1) the person being convicted of theft of motor fuel
under Section Sections 16-25 or 16K-15 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) the person, since the issuance of the driver's
license, being adjudged to be afflicted with or suffering
from any mental disability or disease;
(3) a violation of Section 6-16 of the Liquor Control
Act of 1934 or a similar provision of a local ordinance;
(4) the person being convicted of a violation of
Section 6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance, if the person presents a
certified copy of a court order that includes a finding
that the person was not an occupant of a motor vehicle at
the time of the violation;
(5) the person receiving a disposition of court
supervision for a violation of subsection subsections (a),
(d), or (e) of Section 6-20 of the Liquor Control Act of

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1934 or a similar provision of a local ordinance, if the
person presents a certified copy of a court order that
includes a finding that the person was not an occupant of a
motor vehicle at the time of the violation;
(6) the person failing to pay any fine or penalty due
or owing as a result of 10 or more violations of a
municipality's or county's vehicular standing, parking, or
compliance regulations established by ordinance under
Section 11-208.3 of this Code;
(7) the person failing to satisfy any fine or penalty
resulting from a final order issued by the Illinois State
Toll Highway Authority relating directly or indirectly to 5
or more toll violations, toll evasions, or both;
(8) the person being convicted of a violation of
Section 4-102 of this Code, if the person presents a
certified copy of a court order that includes a finding
that the person did not exercise actual physical control of
the vehicle at the time of the violation; or
(9) the person being convicted of criminal trespass to
vehicles under Section 21-2 of the Criminal Code of 2012,
if the person presents a certified copy of a court order
that includes a finding that the person did not exercise
actual physical control of the vehicle at the time of the
violation.
(b) As soon as practicable and no later than July 1, 2021,
the Secretary shall rescind the suspension, cancellation, or

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prohibition of renewal of a person's driver's license that has
been suspended, canceled, or whose renewal has been prohibited
before the effective date of this amendatory Act of the 101st
General Assembly due to the person having failed to pay any
fine or penalty as a result of 5 offenses for automated traffic
law enforcement system violations under Sections 11-208.6,
11-208.8, 11-208.9, and 11-1201.1.
(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition

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and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, that occur after the effective date of the ordinance
adopting such a system under this Section. For purposes of this
Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute, and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, and operate an administrative adjudication
system. The traffic compliance administrator also may make
a certified report to the Secretary of State under Section
6-306.5.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation

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notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,
automated speed enforcement system, or automated traffic
law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to
automated speed enforcement system or automated traffic
law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to municipalities or
counties with a population of 1 million or more, it shall
be grounds for dismissal of a parking violation if the
state registration number or vehicle make specified is
incorrect. The violation notice shall state that the
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, shall
operate as a final disposition of the violation. The notice

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also shall contain information as to the availability of a
hearing in which the violation may be contested on its
merits. The violation notice shall specify the time and
manner in which a hearing may be had.
(3) Service of a parking, standing, or compliance
violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or standing
vehicle; (ii) handing the notice to the operator of a
vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State
or the lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the date of the violation, except that in the case of
a lessee of a motor vehicle, service of a parking,
standing, or compliance violation notice may occur no later
than 210 days after the violation; and service of an
automated speed enforcement system or automated traffic
law violation notice by mail to the address of the
registered owner or lessee of the cited vehicle as recorded
with the Secretary of State or the lessor of the motor
vehicle within 30 days after the Secretary of State or the
lessor of the motor vehicle notifies the municipality or
county of the identity of the owner or lessee of the

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vehicle, but not later than 90 days after the violation,
except that in the case of a lessee of a motor vehicle,
service of an automated traffic law violation notice may
occur no later than 210 days after the violation. A person
authorized by ordinance to issue and serve parking,
standing, and compliance violation notices shall certify
as to the correctness of the facts entered on the violation
notice by signing his or her name to the notice at the time
of service or, in the case of a notice produced by a
computerized device, by signing a single certificate to be
kept by the traffic compliance administrator attesting to
the correctness of all notices produced by the device while
it was under his or her control. In the case of an
automated traffic law violation, the ordinance shall
require a determination by a technician employed or
contracted by the municipality or county that, based on
inspection of recorded images, the motor vehicle was being
operated in violation of Section 11-208.6, 11-208.9, or
11-1201.1 or a local ordinance. If the technician
determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. In municipalities with a population of less than
1,000,000 inhabitants and counties with a population of
less than 3,000,000 inhabitants, the automated traffic law
ordinance shall require that all determinations by a

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technician that a motor vehicle was being operated in
violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
local ordinance must be reviewed and approved by a law
enforcement officer or retired law enforcement officer of
the municipality or county issuing the violation. In
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
be reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality or
county issuing the violation or by an additional fully
trained fully-trained reviewing technician who is not
employed by the contractor who employs the technician who
made the initial determination. In the case of an automated
speed enforcement system violation, the ordinance shall
require a determination by a technician employed by the
municipality, based upon an inspection of recorded images,
video or other documentation, including documentation of
the speed limit and automated speed enforcement signage,
and documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician

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determines that the vehicle speed was not determined by a
calibrated, certified speed equipment device based upon
the speed equipment documentation, or if the vehicle was an
emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based loop based equipment no
less frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings persist,
or when deemed necessary by a reviewing technician. Radar
equipment shall be checked with the internal frequency
generator and the internal circuit test whenever the radar

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is turned on. Technicians must be alert for any unusual or
suspect readings, and if unusual or suspect readings of a
radar unit persist, that unit shall immediately be removed
from service and not returned to service until it has been
checked by a qualified technician and determined to be
functioning properly. Documentation of the annual
calibration results, including the equipment tested, test
date, technician performing the test, and test results,
shall be maintained and available for use in the
determination of an automated speed enforcement system
violation and issuance of a citation. The technician
performing the calibration and testing of the automated
speed enforcement equipment shall be trained and certified
in the use of equipment for speed enforcement purposes.
Training on the speed enforcement equipment may be
conducted by law enforcement, civilian, or manufacturer's
personnel and if applicable may be equivalent to the
equipment use and operations training included in the Speed
Measuring Device Operator Program developed by the
National Highway Traffic Safety Administration (NHTSA).
The vendor or technician who performs the work shall keep
accurate records on each piece of equipment the technician
calibrates and tests. As used in this paragraph, "fully
trained fully-trained reviewing technician" means a person
who has received at least 40 hours of supervised training
in subjects which shall include image inspection and

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interpretation, the elements necessary to prove a
violation, license plate identification, and traffic
safety and management. In all municipalities and counties,
the automated speed enforcement system or automated
traffic law ordinance shall require that no additional fee
shall be charged to the alleged violator for exercising his
or her right to an administrative hearing, and persons
shall be given at least 25 days following an administrative
hearing to pay any civil penalty imposed by a finding that
Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
similar local ordinance has been violated. The original or
a facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in
accordance with this Section, a copy of the notice, or the
computer-generated computer generated record shall be
prima facie correct and shall be prima facie evidence of
the correctness of the facts shown on the notice. The
notice, copy, or computer-generated computer generated
record shall be admissible in any subsequent
administrative or legal proceedings.

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(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation notice in which the owner
may contest the merits of the alleged violation, and during
which formal or technical rules of evidence shall not
apply; provided, however, that under Section 11-1306 of
this Code the lessee of a vehicle cited in the violation
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner. The
hearings shall be recorded, and the person conducting the
hearing on behalf of the traffic compliance administrator
shall be empowered to administer oaths and to secure by
subpoena both the attendance and testimony of witnesses and
the production of relevant books and papers. Persons
appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may
also provide for internal administrative review following
the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section

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11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
of this Code, to the lessee of the cited vehicle at the
last address known to the lessor of the cited vehicle at
the time of lease or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
The service shall be deemed complete as of the date of
deposit in the United States mail. The notices shall be in
the following sequence and shall include, but not be
limited to, the information specified herein:
(i) A second notice of parking, standing, or
compliance violation if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,
any requirement to complete a traffic education
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, when so provided by
ordinance, the availability of a hearing in which the
violation may be contested on its merits, and the time

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and manner in which the hearing may be had. The notice
of violation shall also state that failure to complete
a required traffic education program, to pay the
indicated fine and any applicable penalty, or to appear
at a hearing on the merits in the time and manner
specified, will result in a final determination of
violation liability for the cited violation in the
amount of the fine or penalty indicated, and that, upon
the occurrence of a final determination of violation
liability for the failure, and the exhaustion of, or
failure to exhaust, available administrative or
judicial procedures for review, any incomplete traffic
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or

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county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or, where applicable, may result in
suspension of the person's driver's drivers license
for failure to complete a traffic education program or
to pay fines or penalties, or both, for 5 or more
automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8.
(6) A notice of impending driver's drivers license
suspension. This notice shall be sent to the person liable
for failure to complete a required traffic education
program or to pay any fine or penalty that remains due and
owing, or both, on 5 or more unpaid automated speed
enforcement system or automated traffic law violations.
The notice shall state that failure to complete a required
traffic education program or to pay the fine or penalty
owing, or both, within 45 days of the notice's date will
result in the municipality or county notifying the
Secretary of State that the person is eligible for

10100HB2170sam001 - 421 - LRB101 07409 CMG 74497 a
initiation of suspension proceedings under Section 6-306.5
of this Code. The notice shall also state that the person
may obtain a photostatic copy of an original ticket
imposing a fine or penalty by sending a self-addressed self
addressed, stamped envelope to the municipality or county
along with a request for the photostatic copy. The notice
of impending driver's drivers license suspension shall be
sent by first class United States mail, postage prepaid, to
the address recorded with the Secretary of State or, if any
notice to that address is returned as undeliverable, to the
last known address recorded in a United States Post Office
approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.

10100HB2170sam001 - 422 - LRB101 07409 CMG 74497 a
(8) A petition to set aside a determination of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability that may be
filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may also
be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle make,
only if specified in the violation notice, is incorrect.
After the determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation liability has been set aside upon a showing
of just cause, the registered owner shall be provided with
a hearing on the merits for that violation.
(9) Procedures for non-residents. Procedures by which

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persons who are not residents of the municipality or county
may contest the merits of the alleged violation without
attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250, except
as provided in subsection (c) of Section 11-1301.3 of this
Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in
this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this Section
may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:

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(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle has
accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision within
the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice

10100HB2170sam001 - 425 - LRB101 07409 CMG 74497 a
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be
subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of

10100HB2170sam001 - 426 - LRB101 07409 CMG 74497 a
violation. Nothing in this Section shall prevent a municipality
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violation,
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal or county ordinance. Service of the
summons and a copy of the petition may be by any method
provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the
total amount of fines and penalties for final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county ordinance, and that the
registered owner or the lessee, as the case may be, had an
opportunity for an administrative hearing and for judicial
review as provided in this Section, the court shall render

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judgment in favor of the municipality or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation, plus costs. The judgment shall have the same effect
and may be enforced in the same manner as other judgments for
the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
revised 12-21-20.)
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of

10100HB2170sam001 - 428 - LRB101 07409 CMG 74497 a
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b-5) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through the
Internet.
(c) Except as provided under Section 11-208.8 of this Code,
a county or municipality, including a home rule county or

10100HB2170sam001 - 429 - LRB101 07409 CMG 74497 a
municipality, may not use an automated traffic law enforcement
system to provide recorded images of a motor vehicle for the
purpose of recording its speed. Except as provided under
Section 11-208.8 of this Code, the regulation of the use of
automated traffic law enforcement systems to record vehicle
speeds is an exclusive power and function of the State. This
subsection (c) is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
(c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law
enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local
ordinance.
(c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable

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period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the
arrival of the motorcycle due to the motorcycle's size or
weight.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
requirements of any traffic education program imposed and
the date by which the civil penalty should be paid and the

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traffic education program should be completed;
(8) a statement that recorded images are evidence of a
violation of a red light signal;
(9) a warning that failure to pay the civil penalty, to
complete a required traffic education program, or to
contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine, completing a required traffic
education program, or both; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(e) (Blank). If a person charged with a traffic violation,
as a result of an automated traffic law enforcement system,
does not pay the fine or complete a required traffic education
program, or both, or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to
complete a required traffic education program or to pay any
fine or penalty due and owing, or both, as a result of a

10100HB2170sam001 - 432 - LRB101 07409 CMG 74497 a
combination of 5 violations of the automated traffic law
enforcement system or the automated speed enforcement system
under Section 11-208.8 of this Code.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as

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part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an automated
traffic law enforcement system. A violation for which a civil
penalty is imposed under this Section is not a violation of a
traffic regulation governing the movement of vehicles and may
not be recorded on the driving record of the owner of the
vehicle.
(j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.

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(j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to the
court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's name
and current address. The person in custody and control of the
vehicle at the time of the violation is required to complete
the required traffic education program. If the person in
custody and control of the vehicle at the time of the violation
completes the required traffic education program, the
registered owner of the vehicle is not required to complete a
traffic education program.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system.
(k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the
municipality or county website.
(k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of

10100HB2170sam001 - 435 - LRB101 07409 CMG 74497 a
Transportation.
(k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system. The statistical analysis shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation
of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The statistical analysis also shall be consistent
with the data required for valid comparisons of before and
after conditions and shall be conducted within a reasonable
period following the installation of the automated traffic law
enforcement system. The statistical analysis required by this
subsection (k-7) shall be made available to the public and
shall be published on the website of the municipality or
county. If the statistical analysis for the 36 month period
following installation of the system indicates that there has
been an increase in the rate of accidents at the approach to
the intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the accidents, and may take any action
that it determines is necessary or appropriate to reduce the
number or severity of the accidents at that intersection.

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(l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(o) (Blank). A municipality or county shall make a
certified report to the Secretary of State pursuant to Section
6-306.5 of this Code whenever a registered owner of a vehicle
has failed to pay any fine or penalty due and owing as a result
of a combination of 5 offenses for automated traffic law or
speed enforcement system violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving

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such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/11-208.8)
Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
(a) As used in this Section:
"Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and the
vehicle's registration plate or digital registration plate
while the driver is violating Article VI of Chapter 11 of this

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Code or a similar provision of a local ordinance.
An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, that produces a recorded image of a motor
vehicle's violation of a provision of this Code or a local
ordinance and is designed to obtain a clear recorded image of
the vehicle and the vehicle's license plate. The recorded image
must also display the time, date, and location of the
violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
"Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district

10100HB2170sam001 - 439 - LRB101 07409 CMG 74497 a
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"safety zone" does not include any portion of the roadway known
as Lake Shore Drive or any controlled access highway with 8 or
more lanes of traffic.
(a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
(i) if the safety zone is based upon the property line
of any facility, area, or land owned by a school district,
only on school days and no earlier than 6 a.m. and no later
than 8:30 p.m. if the school day is during the period of
Monday through Thursday, or 9 p.m. if the school day is a
Friday; and
(ii) if the safety zone is based upon the property line
of any facility, area, or land owned by a park district, no
earlier than one hour prior to the time that the facility,
area, or land is open to the public or other patrons, and
no later than one hour after the facility, area, or land is
closed to the public or other patrons.
(b) A municipality that produces a recorded image of a

10100HB2170sam001 - 440 - LRB101 07409 CMG 74497 a
motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
hour and no more than 10 miles per hour over the legal
speed limit, a civil penalty not exceeding $50, plus an
additional penalty of not more than $50 for failure to pay
the original penalty in a timely manner; or
(2) if the recorded speed is more than 10 miles per
hour over the legal speed limit, a civil penalty not
exceeding $100, plus an additional penalty of not more than
$100 for failure to pay the original penalty in a timely
manner.
A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic Citation
from a police officer for a speeding violation occurring within
one-eighth of a mile and 15 minutes of the violation that was
recorded by the system. A violation for which a civil penalty
is imposed under this Section is not a violation of a traffic
regulation governing the movement of vehicles and may not be

10100HB2170sam001 - 441 - LRB101 07409 CMG 74497 a
recorded on the driving record of the owner of the vehicle. A
law enforcement officer is not required to be present or to
witness the violation. No penalty may be imposed under this
Section if the recorded speed of a vehicle is 5 miles per hour
or less over the legal speed limit. The municipality may send,
in the same manner that notices are sent under this Section, a
speed violation warning notice where the violation involves a
speed of 5 miles per hour or less above the legal speed limit.
(d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
(i) public safety initiatives to ensure safe passage
around schools, and to provide police protection and
surveillance around schools and parks, including but not
limited to: (1) personnel costs; and (2) non-personnel
costs such as construction and maintenance of public safety
infrastructure and equipment;
(ii) initiatives to improve pedestrian and traffic
safety;
(iii) construction and maintenance of infrastructure
within the municipality, including but not limited to roads
and bridges; and
(iv) after school programs.

10100HB2170sam001 - 442 - LRB101 07409 CMG 74497 a
(e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a
written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
after the Secretary of State notifies the municipality of the
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
(f) The notice required under subsection (e) of this
Section shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the date, time, and location where the violation
occurred;
(5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving

10100HB2170sam001 - 443 - LRB101 07409 CMG 74497 a
privileges of the registered owner of the vehicle;
(9) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(10) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(g) (Blank). If a person charged with a traffic violation,
as a result of an automated speed enforcement system, does not
pay the fine or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to pay
any fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated speed enforcement
system or the automated traffic law under Section 11-208.6 of
this Code.
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to the

10100HB2170sam001 - 444 - LRB101 07409 CMG 74497 a
alleged violator and governmental and law enforcement agencies
for purposes of adjudicating a violation of this Section, for
statistical purposes, or for other governmental purposes. Any
recorded image evidencing a violation of this Section, however,
may be admissible in any proceeding resulting from the issuance
of the citation.
(j) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
speeding violation occurring within one-eighth of a mile
and 15 minutes of the violation that was recorded by the
system; and
(3) any other evidence or issues provided by municipal
ordinance.
(k) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement

10100HB2170sam001 - 445 - LRB101 07409 CMG 74497 a
agency in a timely manner.
(l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers as
to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
automated speed enforcement system.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o) (Blank). A municipality shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated speed or traffic law enforcement
system violations.
(p) No person who is the lessor of a motor vehicle pursuant

10100HB2170sam001 - 446 - LRB101 07409 CMG 74497 a
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the municipality may issue the violation to
the lessee of the vehicle in the same manner as it would issue
a violation to a registered owner of a vehicle pursuant to this
Section, and the lessee may be held liable for the violation.
(q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
(r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system. The statistical
analysis shall be based upon the best available crash, traffic,
and other data, and shall cover a period of time before and
after installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional

10100HB2170sam001 - 447 - LRB101 07409 CMG 74497 a
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality.
(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/11-208.9)
Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in

10100HB2170sam001 - 448 - LRB101 07409 CMG 74497 a
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(c) A municipality or county that produces a recorded image
of a motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automated traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.

10100HB2170sam001 - 449 - LRB101 07409 CMG 74497 a
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
(e) The notice required under subsection (d) shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of overtaking or passing a school bus stopped for
the purpose of receiving or discharging pupils;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or

10100HB2170sam001 - 450 - LRB101 07409 CMG 74497 a
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(f) (Blank). If a person charged with a traffic violation,
as a result of an automated traffic law enforcement system
under this Section, does not pay the fine or successfully
contest the civil penalty resulting from that violation, the
Secretary of State shall suspend the driving privileges of the
registered owner of the vehicle under Section 6-306.5 of this
Code for failing to pay any fine or penalty due and owing as a
result of a combination of 5 violations of the automated
traffic law enforcement system or the automated speed
enforcement system under Section 11-208.8 of this Code.
(g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a

10100HB2170sam001 - 451 - LRB101 07409 CMG 74497 a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(i) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
violation of Section 11-1414 of this Code within one-eighth
of a mile and 15 minutes of the violation that was recorded
by the system;
(3) that the visual signals required by Sections 12-803
and 12-805 of this Code were damaged, not activated, not
present in violation of Sections 12-803 and 12-805, or
inoperable; and
(4) any other evidence or issues provided by municipal
or county ordinance.
(j) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement

10100HB2170sam001 - 452 - LRB101 07409 CMG 74497 a
agency in a timely manner.
(k) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty in a timely manner, if the motor vehicle is recorded by
an automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
(m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement system
must provide notice to drivers by posting a list of school
districts using school buses equipped with an automated traffic
law enforcement system on the municipality or county website.
School districts that have one or more school buses equipped
with an automated traffic law enforcement system must provide

10100HB2170sam001 - 453 - LRB101 07409 CMG 74497 a
notice to drivers by posting that information on their
websites.
(n) A municipality or county operating an automated traffic
law enforcement system shall conduct a statistical analysis to
assess the safety impact in each school district using school
buses equipped with an automated traffic law enforcement system
following installation of the system. The statistical analysis
shall be based upon the best available crash, traffic, and
other data, and shall cover a period of time before and after
installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality or county. If the statistical
analysis for the 36-month period following installation of the
system indicates that there has been an increase in the rate of
accidents at the approach to school buses monitored by the
system, the municipality or county shall undertake additional
studies to determine the cause and severity of the accidents,
and may take any action that it determines is necessary or

10100HB2170sam001 - 454 - LRB101 07409 CMG 74497 a
appropriate to reduce the number or severity of the accidents
involving school buses equipped with an automated traffic law
enforcement system.
(o) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(q) (Blank). A municipality or county shall make a
certified report to the Secretary of State pursuant to Section

10100HB2170sam001 - 455 - LRB101 07409 CMG 74497 a
6-306.5 of this Code whenever a registered owner of a vehicle
has failed to pay any fine or penalty due and owing as a result
of a combination of 5 offenses for automated traffic law or
speed enforcement system violations.
(r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school board
for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for the
installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated traffic
law enforcement system's fines shall be divided equally between
the school district and the municipality or county
administering the automated traffic law enforcement system.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/11-1201.1)

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Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System.
(a) For the purposes of this Section, an automated railroad
grade crossing enforcement system is a system in a municipality
or county operated by a governmental agency that produces a
recorded image of a motor vehicle's violation of a provision of
this Code or local ordinance and is designed to obtain a clear
recorded image of the vehicle and vehicle's license plate. The
recorded image must also display the time, date, and location
of the violation.
As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing enforcement
system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b) The Illinois Commerce Commission may, in cooperation
with a local law enforcement agency, establish in any county or
municipality an automated railroad grade crossing enforcement
system at any railroad grade crossing equipped with a crossing
gate designated by local authorities. Local authorities
desiring the establishment of an automated railroad crossing

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enforcement system must initiate the process by enacting a
local ordinance requesting the creation of such a system. After
the ordinance has been enacted, and before any additional steps
toward the establishment of the system are undertaken, the
local authorities and the Commission must agree to a plan for
obtaining, from any combination of federal, State, and local
funding sources, the moneys required for the purchase and
installation of any necessary equipment.
(b-1) (Blank.)
(c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the

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date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a railroad grade crossing;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle; and
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing.
(d) (Blank). If a person charged with a traffic violation,
as a result of an automated railroad grade crossing enforcement
system, does not pay or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to pay
any fine or penalty due and owing as a result of 5 violations
of the automated railroad grade crossing enforcement system.
(d-1) (Blank.)
(d-2) (Blank.)
(e) Based on inspection of recorded images produced by an
automated railroad grade crossing enforcement system, a notice
alleging that the violation occurred shall be evidence of the
facts contained in the notice and admissible in any proceeding

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alleging a violation under this Section.
(e-1) Recorded images made by an automated railroad grade
crossing enforcement system are confidential and shall be made
available only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(e-2) The court or hearing officer may consider the
following in the defense of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time
of the violation for the same offense;
(3) any other evidence or issues provided by municipal
or county ordinance.
(e-3) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor

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vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued, and
the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system.
(h) (Blank.)
(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
(j) Penalty. A civil fine of $250 shall be imposed for a
first violation of this Section, and a civil fine of $500 shall
be imposed for a second or subsequent violation of this
Section.
(Source: P.A. 101-395, eff. 8-16-19.)

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Article 115.
Section 115-5. The School Code is amended by changing
Section 21B-50 as follows:
(105 ILCS 5/21B-50)
Sec. 21B-50. Alternative Educator Licensure Program.
(a) There is established an alternative educator licensure
program, to be known as the Alternative Educator Licensure
Program for Teachers.
(b) The Alternative Educator Licensure Program for
Teachers may be offered by a recognized institution approved to
offer educator preparation programs by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board.
The program shall be comprised of 4 phases:
(1) A course of study that at a minimum includes
instructional planning; instructional strategies,
including special education, reading, and English language
learning; classroom management; and the assessment of
students and use of data to drive instruction.
(2) A year of residency, which is a candidate's
assignment to a full-time teaching position or as a
co-teacher for one full school year. An individual must
hold an Educator License with Stipulations with an
alternative provisional educator endorsement in order to

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enter the residency and must complete additional program
requirements that address required State and national
standards, pass the State Board's teacher performance
assessment no later than the end of the first semester of
the second year of residency, as required under phase (3)
of this subsection (b), and be recommended by the principal
or qualified equivalent of a principal, as required under
subsection (d) of this Section, and the program coordinator
to continue with the second year of the residency.
(3) A second year of residency, which shall include the
candidate's assignment to a full-time teaching position
for one school year. The candidate must be assigned an
experienced teacher to act as a mentor and coach the
candidate through the second year of residency.
(4) A comprehensive assessment of the candidate's
teaching effectiveness, as evaluated by the principal or
qualified equivalent of a principal, as required under
subsection (d) of this Section, and the program
coordinator, at the end of the second year of residency. If
there is disagreement between the 2 evaluators about the
candidate's teaching effectiveness, the candidate may
complete one additional year of residency teaching under a
professional development plan developed by the principal
or qualified equivalent and the preparation program. At the
completion of the third year, a candidate must have
positive evaluations and a recommendation for full

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licensure from both the principal or qualified equivalent
and the program coordinator or no Professional Educator
License shall be issued.
Successful completion of the program shall be deemed to
satisfy any other practice or student teaching and content
matter requirements established by law.
(c) An alternative provisional educator endorsement on an
Educator License with Stipulations is valid for 2 years of
teaching in the public schools, including without limitation a
preschool educational program under Section 2-3.71 of this Code
or charter school, or in a State-recognized nonpublic school in
which the chief administrator is required to have the licensure
necessary to be a principal in a public school in this State
and in which a majority of the teachers are required to have
the licensure necessary to be instructors in a public school in
this State, but may be renewed for a third year if needed to
complete the Alternative Educator Licensure Program for
Teachers. The endorsement shall be issued only once to an
individual who meets all of the following requirements:
(1) Has graduated from a regionally accredited college
or university with a bachelor's degree or higher.
(2) (Blank). Has a cumulative grade point average of
3.0 or greater on a 4.0 scale or its equivalent on another
scale.
(3) Has completed a major in the content area if
seeking a middle or secondary level endorsement or, if

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seeking an early childhood, elementary, or special
education endorsement, has completed a major in the content
area of reading, English/language arts, mathematics, or
one of the sciences. If the individual does not have a
major in a content area for any level of teaching, he or
she must submit transcripts to the State Board of Education
to be reviewed for equivalency.
(4) Has successfully completed phase (1) of subsection
(b) of this Section.
(5) Has passed a content area test required for the
specific endorsement for admission into the program, as
required under Section 21B-30 of this Code.
A candidate possessing the alternative provisional
educator endorsement may receive a salary, benefits, and any
other terms of employment offered to teachers in the school who
are members of an exclusive bargaining representative, if any,
but a school is not required to provide these benefits during
the years of residency if the candidate is serving only as a
co-teacher. If the candidate is serving as the teacher of
record, the candidate must receive a salary, benefits, and any
other terms of employment. Residency experiences must not be
counted towards tenure.
(d) The recognized institution offering the Alternative
Educator Licensure Program for Teachers must partner with a
school district, including without limitation a preschool
educational program under Section 2-3.71 of this Code or

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charter school, or a State-recognized, nonpublic school in this
State in which the chief administrator is required to have the
licensure necessary to be a principal in a public school in
this State and in which a majority of the teachers are required
to have the licensure necessary to be instructors in a public
school in this State. A recognized institution that partners
with a public school district administering a preschool
educational program under Section 2-3.71 of this Code must
require a principal to recommend or evaluate candidates in the
program. A recognized institution that partners with an
eligible entity administering a preschool educational program
under Section 2-3.71 of this Code and that is not a public
school district must require a principal or qualified
equivalent of a principal to recommend or evaluate candidates
in the program. The program presented for approval by the State
Board of Education must demonstrate the supports that are to be
provided to assist the provisional teacher during the 2-year
residency period. These supports must provide additional
contact hours with mentors during the first year of residency.
(e) Upon completion of the 4 phases outlined in subsection
(b) of this Section and all assessments required under Section
21B-30 of this Code, an individual shall receive a Professional
Educator License.
(f) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to establish and implement the

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Alternative Educator Licensure Program for Teachers.
(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
101-220, eff. 8-7-19; 101-570, eff. 8-23-19; 101-643, eff.
6-18-20.)
Article 120.
Section 120-5. The Higher Education Student Assistance Act
is amended by changing Section 50 as follows:
(110 ILCS 947/50)
Sec. 50. Minority Teachers of Illinois scholarship
program.
(a) As used in this Section:
"Eligible applicant" means a minority student who has
graduated from high school or has received a high school
equivalency certificate and has maintained a cumulative
grade point average of no less than 2.5 on a 4.0 scale, and
who by reason thereof is entitled to apply for scholarships
to be awarded under this Section.
"Minority student" means a student who is any of the
following:
(1) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).

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(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
"Qualified bilingual minority applicant" means a
minority student who demonstrates proficiency in a
language other than English by (i) receiving a State Seal
of Biliteracy from the State Board of Education or (ii)
receiving a passing score on an educator licensure target
language proficiency test.
"Qualified student" means a person (i) who is a
resident of this State and eligible for State financial aid
under Section 15 of the Retention of Illinois Students and
Equity Act a citizen or permanent resident of the United

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States; (ii) who is a minority student, as defined in this
Section; (iii) who, as an eligible applicant, has made a
timely application for a minority teaching scholarship
under this Section; (iv) who is enrolled on at least a
half-time basis at a qualified Illinois institution of
higher learning; (v) who is enrolled in a course of study
leading to teacher licensure, including alternative
teacher licensure, or, if the student is already licensed
to teach, in a course of study leading to an additional
teaching endorsement or a master's degree in an academic
field in which he or she is teaching or plans to teach or
who has received one or more College and Career Pathway
Endorsements pursuant to Section 80 of the Postsecondary
and Workforce Readiness Act and commits to enrolling in a
course of study leading to teacher licensure, including
alternative teacher licensure; (vi) who maintains a grade
point average of no less than 2.5 on a 4.0 scale; and (vii)
who continues to advance satisfactorily toward the
attainment of a degree.
(b) In order to encourage academically talented Illinois
minority students to pursue teaching careers at the preschool
or elementary or secondary school level, each qualified student
shall be awarded a minority teacher scholarship to any
qualified Illinois institution of higher learning. However,
preference may be given to qualified applicants enrolled at or
above the junior level.

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(c) Each minority teacher scholarship awarded under this
Section shall be in an amount sufficient to pay the tuition and
fees and room and board costs of the qualified Illinois
institution of higher learning at which the recipient is
enrolled, up to an annual maximum of $5,000; except that in the
case of a recipient who does not reside on-campus at the
institution at which he or she is enrolled, the amount of the
scholarship shall be sufficient to pay tuition and fee expenses
and a commuter allowance, up to an annual maximum of $5,000.
However, if at least $2,850,000 is appropriated in a given
fiscal year for the Minority Teachers of Illinois scholarship
program, then, in each fiscal year thereafter, each scholarship
awarded under this Section shall be in an amount sufficient to
pay the tuition and fees and room and board costs of the
qualified Illinois institution of higher learning at which the
recipient is enrolled, up to an annual maximum of $7,500;
except that in the case of a recipient who does not reside
on-campus at the institution at which he or she is enrolled,
the amount of the scholarship shall be sufficient to pay
tuition and fee expenses and a commuter allowance, up to an
annual maximum of $7,500.
(d) The total amount of minority teacher scholarship
assistance awarded by the Commission under this Section to an
individual in any given fiscal year, when added to other
financial assistance awarded to that individual for that year,
shall not exceed the cost of attendance at the institution at

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which the student is enrolled. If the amount of minority
teacher scholarship to be awarded to a qualified student as
provided in subsection (c) of this Section exceeds the cost of
attendance at the institution at which the student is enrolled,
the minority teacher scholarship shall be reduced by an amount
equal to the amount by which the combined financial assistance
available to the student exceeds the cost of attendance.
(e) The maximum number of academic terms for which a
qualified student can receive minority teacher scholarship
assistance shall be 8 semesters or 12 quarters.
(f) In any academic year for which an eligible applicant
under this Section accepts financial assistance through the
Paul Douglas Teacher Scholarship Program, as authorized by
Section 551 et seq. of the Higher Education Act of 1965, the
applicant shall not be eligible for scholarship assistance
awarded under this Section.
(g) All applications for minority teacher scholarships to
be awarded under this Section shall be made to the Commission
on forms which the Commission shall provide for eligible
applicants. The form of applications and the information
required to be set forth therein shall be determined by the
Commission, and the Commission shall require eligible
applicants to submit with their applications such supporting
documents or recommendations as the Commission deems
necessary.
(h) Subject to a separate appropriation for such purposes,

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payment of any minority teacher scholarship awarded under this
Section shall be determined by the Commission. All scholarship
funds distributed in accordance with this subsection shall be
paid to the institution and used only for payment of the
tuition and fee and room and board expenses incurred by the
student in connection with his or her attendance at a qualified
Illinois institution of higher learning. Any minority teacher
scholarship awarded under this Section shall be applicable to 2
semesters or 3 quarters of enrollment. If a qualified student
withdraws from enrollment prior to completion of the first
semester or quarter for which the minority teacher scholarship
is applicable, the school shall refund to the Commission the
full amount of the minority teacher scholarship.
(i) The Commission shall administer the minority teacher
scholarship aid program established by this Section and shall
make all necessary and proper rules not inconsistent with this
Section for its effective implementation.
(j) When an appropriation to the Commission for a given
fiscal year is insufficient to provide scholarships to all
qualified students, the Commission shall allocate the
appropriation in accordance with this subsection. If funds are
insufficient to provide all qualified students with a
scholarship as authorized by this Section, the Commission shall
allocate the available scholarship funds for that fiscal year
to qualified students who submit a complete application form on
or before a date specified by the Commission based on the

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following order of priority:
(1) To students who received a scholarship under this
Section in the prior academic year and who remain eligible
for a minority teacher scholarship under this Section.
(2) Except as otherwise provided in subsection (k), to
students who demonstrate financial need, as determined by
the Commission. on the basis of the date the Commission
receives a complete application form.
(k) Notwithstanding paragraph (2) of the provisions of
subsection (j) or any other provision of this Section, at least
35% 30% of the funds appropriated for scholarships awarded
under this Section in each fiscal year shall be reserved for
qualified male minority applicants, with priority being given
to qualified Black male applicants beginning with fiscal year
2023. If the Commission does not receive enough applications
from qualified male minorities on or before January 1 of each
fiscal year to award 35% 30% of the funds appropriated for
these scholarships to qualified male minority applicants, then
the Commission may award a portion of the reserved funds to
qualified female minority applicants in accordance with
subsection (j).
Beginning with fiscal year 2023, if at least $2,850,000 but
less than $4,200,000 is appropriated in a given fiscal year for
scholarships awarded under this Section, then at least 10% of
the funds appropriated shall be reserved for qualified
bilingual minority applicants, with priority being given to

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qualified bilingual minority applicants who are enrolled in an
educator preparation program with a concentration in
bilingual, bicultural education. Beginning with fiscal year
2023, if at least $4,200,000 is appropriated in a given fiscal
year for the Minority Teachers of Illinois scholarship program,
then at least 30% of the funds appropriated shall be reserved
for qualified bilingual minority applicants, with priority
being given to qualified bilingual minority applicants who are
enrolled in an educator preparation program with a
concentration in bilingual, bicultural education. Beginning
with fiscal year 2023, if at least $2,850,000 is appropriated
in a given fiscal year for scholarships awarded under this
Section but the Commission does not receive enough applications
from qualified bilingual minority applicants on or before
January 1 of that fiscal year to award at least 10% of the
funds appropriated to qualified bilingual minority applicants,
then the Commission may, in its discretion, award a portion of
the reserved funds to other qualified students in accordance
with subsection (j).
(l) Prior to receiving scholarship assistance for any
academic year, each recipient of a minority teacher scholarship
awarded under this Section shall be required by the Commission
to sign an agreement under which the recipient pledges that,
within the one-year period following the termination of the
program for which the recipient was awarded a minority teacher
scholarship, the recipient (i) shall begin teaching for a

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period of not less than one year for each year of scholarship
assistance he or she was awarded under this Section; and (ii)
shall fulfill this teaching obligation at a nonprofit Illinois
public, private, or parochial preschool, elementary school, or
secondary school at which no less than 30% of the enrolled
students are minority students in the year during which the
recipient begins teaching at the school or may instead, if the
recipient received a scholarship as a qualified bilingual
minority applicant, fulfill this teaching obligation in a
program in transitional bilingual education pursuant to
Article 14C of the School Code or in a school in which 20 or
more English learner students in the same language
classification are enrolled; and (iii) shall, upon request by
the Commission, provide the Commission with evidence that he or
she is fulfilling or has fulfilled the terms of the teaching
agreement provided for in this subsection.
(m) If a recipient of a minority teacher scholarship
awarded under this Section fails to fulfill the teaching
obligation set forth in subsection (l) of this Section, the
Commission shall require the recipient to repay the amount of
the scholarships received, prorated according to the fraction
of the teaching obligation not completed, at a rate of interest
equal to 5%, and, if applicable, reasonable collection fees.
The Commission is authorized to establish rules relating to its
collection activities for repayment of scholarships under this
Section. All repayments collected under this Section shall be

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forwarded to the State Comptroller for deposit into the State's
General Revenue Fund.
(n) A recipient of minority teacher scholarship shall not
be considered in violation of the agreement entered into
pursuant to subsection (l) if the recipient (i) enrolls on a
full time basis as a graduate student in a course of study
related to the field of teaching at a qualified Illinois
institution of higher learning; (ii) is serving, not in excess
of 3 years, as a member of the armed services of the United
States; (iii) is a person with a temporary total disability for
a period of time not to exceed 3 years as established by sworn
affidavit of a qualified physician; (iv) is seeking and unable
to find full time employment as a teacher at an Illinois
public, private, or parochial preschool or elementary or
secondary school that satisfies the criteria set forth in
subsection (l) of this Section and is able to provide evidence
of that fact; (v) becomes a person with a permanent total
disability as established by sworn affidavit of a qualified
physician; (vi) is taking additional courses, on at least a
half-time basis, needed to obtain licensure as a teacher in
Illinois; or (vii) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation.
(o) Scholarship recipients under this Section who withdraw
from a program of teacher education but remain enrolled in

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school to continue their postsecondary studies in another
academic discipline shall not be required to commence repayment
of their Minority Teachers of Illinois scholarship so long as
they remain enrolled in school on a full-time basis or if they
can document for the Commission special circumstances that
warrant extension of repayment.
(p) If the Minority Teachers of Illinois scholarship
program does not expend at least 90% of the amount appropriated
for the program in a given fiscal year for 3 consecutive fiscal
years and the Commission does not receive enough applications
from the groups identified in subsection (k) on or before
January 1 in each of those fiscal years to meet the percentage
reserved for those groups under subsection (k), then up to 3%
of amount appropriated for the program for each of next 3
fiscal years shall be allocated to increasing awareness of the
program and for the recruitment of Black male applicants. The
Commission shall make a recommendation to the General Assembly
by January 1 of the year immediately following the end of that
third fiscal year regarding whether the amount allocated to
increasing awareness and recruitment should continue.
(q) Each qualified Illinois institution of higher learning
that receives funds from the Minority Teachers of Illinois
scholarship program shall host an annual information session at
the institution about the program for teacher candidates of
color in accordance with rules adopted by the Commission.
Additionally, the institution shall ensure that each

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scholarship recipient enrolled at the institution meets with an
academic advisor at least once per academic year to facilitate
on-time completion of the recipient's educator preparation
program.
(Source: P.A. 99-143, eff. 7-27-15; 100-235, eff. 6-1-18.)
Article 125.
Section 125-5. The Higher Education Student Assistance Act
is amended by changing Section 65.100 as follows:
(110 ILCS 947/65.100)
(Section scheduled to be repealed on October 1, 2024)
Sec. 65.100. AIM HIGH Grant Pilot Program.
(a) The General Assembly makes all of the following
findings:
(1) Both access and affordability are important
aspects of the Illinois Public Agenda for College and
Career Success report.
(2) This State is in the top quartile with respect to
the percentage of family income needed to pay for college.
(3) Research suggests that as loan amounts increase,
rather than an increase in grant amounts, the probability
of college attendance decreases.
(4) There is further research indicating that
socioeconomic status may affect the willingness of

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students to use loans to attend college.
(5) Strategic use of tuition discounting can decrease
the amount of loans that students must use to pay for
tuition.
(6) A modest, individually tailored tuition discount
can make the difference in a student choosing to attend
college and enhance college access for low-income and
middle-income families.
(7) Even if the federally calculated financial need for
college attendance is met, the federally determined
Expected Family Contribution can still be a daunting
amount.
(8) This State is the second largest exporter of
students in the country.
(9) When talented Illinois students attend
universities in this State, the State and those
universities benefit.
(10) State universities in other states have adopted
pricing and incentives that allow many Illinois residents
to pay less to attend an out-of-state university than to
remain in this State for college.
(11) Supporting Illinois student attendance at
Illinois public universities can assist in State efforts to
maintain and educate a highly trained workforce.
(12) Modest tuition discounts that are individually
targeted and tailored can result in enhanced revenue for

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public universities.
(13) By increasing a public university's capacity to
strategically use tuition discounting, the public
university will be capable of creating enhanced tuition
revenue by increasing enrollment yields.
(b) In this Section:
"Eligible applicant" means a student from any high school
in this State, whether or not recognized by the State Board of
Education, who is engaged in a program of study that in due
course will be completed by the end of the school year and who
meets all of the qualifications and requirements under this
Section.
"Tuition and other necessary fees" includes the customary
charge for instruction and use of facilities in general and the
additional fixed fees charged for specified purposes that are
required generally of non-grant recipients for each academic
period for which the grant applicant actually enrolls, but does
not include fees payable only once or breakage fees and other
contingent deposits that are refundable in whole or in part.
The Commission may adopt, by rule not inconsistent with this
Section, detailed provisions concerning the computation of
tuition and other necessary fees.
(c) Beginning with the 2019-2020 academic year, each public
university may establish a merit-based scholarship pilot
program known as the AIM HIGH Grant Pilot Program. Each year,
the Commission shall receive and consider applications from

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public universities under this Section. Subject to
appropriation and any tuition waiver limitation established by
the Board of Higher Education, a public university campus may
award a grant to a student under this Section if it finds that
the applicant meets all of the following criteria:
(1) He or she is a resident of this State and a citizen
or eligible noncitizen of the United States.
(2) He or she files a Free Application for Federal
Student Aid and demonstrates financial need with a
household income no greater than 6 times the poverty
guidelines updated periodically in the Federal Register by
the U.S. Department of Health and Human Services under the
authority of 42 U.S.C. 9902(2). The household income of the
applicant at the time of initial application shall be
deemed to be the household income of the applicant for the
duration of the pilot program.
(3) He or she meets the minimum cumulative grade point
average or ACT or SAT college admissions test score, as
determined by the public university campus.
(4) He or she is enrolled in a public university as an
undergraduate student on a full-time basis.
(5) He or she has not yet received a baccalaureate
degree or the equivalent of 135 semester credit hours.
(6) He or she is not incarcerated.
(7) He or she is not in default on any student loan or
does not owe a refund or repayment on any State or federal

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grant or scholarship.
(8) Any other reasonable criteria, as determined by the
public university campus.
(d) Each public university campus shall determine grant
renewal criteria consistent with the requirements under this
Section.
(e) Each participating public university campus shall post
on its Internet website criteria and eligibility requirements
for receiving awards that use funds under this Section that
include a range in the sizes of these individual awards. The
criteria and amounts must also be reported to the Commission
and the Board of Higher Education, who shall post the
information on their respective Internet websites.
(f) After enactment of an appropriation for this Program,
the Commission shall determine an allocation of funds to each
public university in an amount proportionate to the number of
undergraduate students who are residents of this State and
citizens or eligible noncitizens of the United States and who
were enrolled at each public university campus in the previous
academic year. All applications must be made to the Commission
on or before a date determined by the Commission and on forms
that the Commission shall provide to each public university
campus. The form of the application and the information
required shall be determined by the Commission and shall
include, without limitation, the total public university
campus funds used to match funds received from the Commission

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in the previous academic year under this Section, if any, the
total enrollment of undergraduate students who are residents of
this State from the previous academic year, and any supporting
documents as the Commission deems necessary. Each public
university campus shall match the amount of funds received by
the Commission with financial aid for eligible students.
A public university that has reported to the Commission
that at least 49% of its student body received financial aid
under the federal Pell Grant program for the previous academic
year shall match 20% of the amount of funds received from the
Commission for financial aid for eligible students.
A public university that has reported to the Commission
that less than 49% of its student body received financial aid
under the federal Pell Grant program for the previous academic
year shall match 60% of the amount of funds received from the
Commission for financial aid for eligible students.
A public university campus is not required to claim its
entire allocation. The Commission shall make available to all
public universities, on a date determined by the Commission,
any unclaimed funds and the funds must be made available to
those public university campuses in the proportion determined
under this subsection (f), excluding from the calculation those
public university campuses not claiming their full
allocations.
Each public university campus may determine the award
amounts for eligible students on an individual or broad basis,

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but, subject to renewal eligibility, each renewed award may not
be less than the amount awarded to the eligible student in his
or her first year attending the public university campus.
Notwithstanding this limitation, a renewal grant may be reduced
due to changes in the student's cost of attendance, including,
but not limited to, if a student reduces the number of credit
hours in which he or she is enrolled, but remains a full-time
student, or switches to a course of study with a lower tuition
rate.
An eligible applicant awarded grant assistance under this
Section is eligible to receive other financial aid. Total grant
aid to the student from all sources may not exceed the total
cost of attendance at the public university campus.
(g) All money allocated to a public university campus under
this Section may be used only for financial aid purposes for
students attending the public university campus during the
academic year, not including summer terms. Notwithstanding any
other provision of law to the contrary, any funds received by a
public university campus under this Section that are not
granted to students in the academic year for which the funds
are received may be retained by the public university campus
for expenditure on students participating in the Program or
students eligible to participate in the Program.
(h) Each public university campus that establishes a
Program under this Section must annually report to the
Commission, on or before a date determined by the Commission,

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the number of undergraduate students enrolled at that campus
who are residents of this State.
(i) Each public university campus must report to the
Commission the total non-loan financial aid amount given by the
public university campus to undergraduate students in the
2017-2018 academic year, not including the summer term. To be
eligible to receive funds under the Program, a public
university campus may not decrease the total amount of non-loan
financial aid it gives to undergraduate students, not including
any funds received from the Commission under this Section or
any funds used to match grant awards under this Section, to an
amount lower than the reported amount for the 2017-2018
academic year, not including the summer term.
(j) On or before a date determined by the Commission, each
public university campus that participates in the Program under
this Section shall annually submit a report to the Commission
with all of the following information:
(1) The Program's impact on tuition revenue and
enrollment goals and increase in access and affordability
at the public university campus.
(2) Total funds received by the public university
campus under the Program.
(3) Total non-loan financial aid awarded to
undergraduate students attending the public university
campus.
(4) Total amount of funds matched by the public

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university campus.
(5) Total amount of claimed and unexpended funds
retained by the public university campus.
(6) The percentage of total financial aid distributed
under the Program by the public university campus.
(7) The total number of students receiving grants from
the public university campus under the Program and those
students' grade level, race, gender, income level, family
size, Monetary Award Program eligibility, Pell Grant
eligibility, and zip code of residence and the amount of
each grant award. This information shall include unit
record data on those students regarding variables
associated with the parameters of the public university's
Program, including, but not limited to, a student's ACT or
SAT college admissions test score, high school or
university cumulative grade point average, or program of
study.
On or before October 1, 2020 and annually on or before
October 1 thereafter, the Commission shall submit a report with
the findings under this subsection (j) and any other
information regarding the AIM HIGH Grant Pilot Program to (i)
the Governor, (ii) the Speaker of the House of Representatives,
(iii) the Minority Leader of the House of Representatives, (iv)
the President of the Senate, and (v) the Minority Leader of the
Senate. The reports to the General Assembly shall be filed with
the Clerk of the House of Representatives and the Secretary of

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the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct. The Commission's report
may not disaggregate data to a level that may disclose
personally identifying information of individual students.
The sharing and reporting of student data under this
subsection (j) must be in accordance with the requirements
under the federal Family Educational Rights and Privacy Act of
1974 and the Illinois School Student Records Act. All parties
must preserve the confidentiality of the information as
required by law. The names of the grant recipients under this
Section are not subject to disclosure under the Freedom of
Information Act.
Public university campuses that fail to submit a report
under this subsection (j) or that fail to adhere to any other
requirements under this Section may not be eligible for
distribution of funds under the Program for the next academic
year, but may be eligible for distribution of funds for each
academic year thereafter.
(k) The Commission shall adopt rules to implement this
Section.
(l) This Section is repealed on October 1, 2024.
(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff.
6-1-20; 101-643, eff. 6-18-20.)
Article 130.

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Section 130-1. Short title. This Article may be cited as
the Transitions in Education Act. References in this Article to
"this Act" mean this Article.
Section 130-5. Findings; policies.
(a) The General Assembly finds the following:
(1) Teachers are the single most important in-school
factor in supporting student outcomes and success; yet,
Illinois is suffering from a profound teacher shortage
across the State.
(2) To reverse this shortage, Illinois needs to develop
and invest in a robust and diverse educator pipeline,
addressing any barriers or gaps that limit high quality
candidates, particularly candidates of color, from
becoming teachers.
(3) Illinois loses many high quality, diverse educator
candidates in postsecondary programs due to confusion or
lack of course transfer credits and course articulation
from Illinois's 2-year to 4-year institutions.
(4) Lack of alignment and transferability of course
credits may often force candidates to spend additional time
and money to earn a degree or lead to an inability to
complete a degree.
(5) In 1993, the Board of Higher Education, the
Illinois Community College Board, and the Transfer

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Coordinators of Illinois Colleges and Universities brought
together faculty from public and independent, associate,
and baccalaureate degree-granting institutions across the
State to develop the Illinois Articulation Initiative
(IAI).
(6) The goal of IAI is to facilitate the transfer of
courses from one participating college or university to
another in order to complete a baccalaureate degree.
(7) The Student Transfer Achievement Reform (STAR)
Act, as mandated by subsection (b) of Section 25 of the
Act, is designed to facilitate transfer among Illinois
public institutions, particularly for students with a
completed Associate of Arts or an Associate of Science
degree.
(8) While Illinois is a leading state for college
completion rates for adult learners and transfer students
from community colleges, it needs to increase the number of
high-quality postsecondary teaching credentials to meet
the demands of our schools and education workforce.
(9) With the rising costs of higher education for
Illinois students and families, the State needs to ensure
to the maximize extent possible that community college
courses will transfer with full credit for the student and
be accepted at an Illinois public or private institution as
they pursue a baccalaureate degree in education.
(10) Illinois can do this by improving transitions all

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along the education pipeline; for postsecondary education,
this means strengthening articulation through stable
funding and the expansion of transfer tools, such as
Transferology and the IAI through development of an
objective measure of transfer and acceptance of credits in
education degrees.
(11) The IAI Education Pathway can be modeled off of
existing IAI major pathways like Early Childhood Education
and Criminal Justice.
(b) The General Assembly encourages the Board of Higher
Education, the State Board of Education, and the Illinois
Community College Board, as part of the IAI, to do all of the
following:
(1) To jointly establish a task force for a Major Panel
in Education and identify respective recommended major
courses that would be accepted as credit toward the
education major at the receiving institutions.
(2) As part of the report on the status of the Illinois
Articulation Initiative pursuant to Section 25 of the
Illinois Articulation Initiative Act, the Board of Higher
Education and the Illinois Community College Board are
encourage to include in the annual report to the General
Assembly, the Governor, and the Illinois P-20 Council the
progress made on the task force on the Education Major
Panel.

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Article 999.
Section 999-999. Effective date. This Act takes effect upon
becoming law, except that Article 115 takes effect July 1,
2021.".