Bill Text: IL HB3071 | 2023-2024 | 103rd General Assembly | Chaptered

---

Bill Title: Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that the State Board of Education is not required to collect and report personally identifiable information on the categories of sex, sexual orientation, and gender identity unless required for federal reporting. Amends the School Code. Makes changes regarding school district standards, recognition levels and annual summative designations, rewards, priority and focus districts, including changing the terminology to Targeted, Comprehensive, and Intensive schools, State interventions, and an Independent Authority. In provisions regarding isolated time out, time out, and physical restraint, changes certain references concerning schools and school districts to entities; defines "entities". In various provisions regarding allergens, replaces references to the "Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form" with "allergy emergency action plan". Makes changes concerning a direct support professional training program, residential placement in nonpublic special education facilities, evidence-based funding, parenting education, and charter schools, including removing references to the State Charter School Commission. Repeals provisions concerning visiting charitable institutions, 2 years as a priority school, a Lincoln's ChalleNGe Academy study, and the Committee of Cooperative Services. Amends the Educational Opportunity for Military Children Act. Provides for additional members on the State Council. Amends the School Safety Drill Act. Makes changes concerning definitions, reporting, and a threat assessment procedure. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0175 [HB3071 Detail]

Download: Illinois-2023-HB3071-Chaptered.html

---

Public Act 103-0175
HB3071 Enrolled LRB103 30431 RJT 56861 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Data Governance and Organization to Support
Equity and Racial Justice Act is amended by changing Section
20-15 as follows:
(20 ILCS 65/20-15)
Sec. 20-15. Data Governance and Organization to Support
Equity and Racial Justice.
(a) On or before July 1, 2022 and each July 1 thereafter,
the Board and the Department shall report statistical data on
the racial, ethnic, age, sex, disability status, sexual
orientation, gender identity, and primary or preferred
language demographics of program participants for each major
program administered by the Board or the Department, except as
provided in subsection (a-5). Except as provided in subsection
(b), when reporting the data required under this Section, the
Board or 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 Board and the Department may further define, by rule,
the racial and ethnic classifications, including, if
necessary, a classification of "No Race Specified".
(a-5) In relation to major program participants, the Board
shall not be required to collect personally identifiable
information and report statistical data on the categories of
sex, sexual orientation, and gender identity unless required
for federal reporting. The Board shall make available reports
on its Internet website, posted where other mandated reports
are posted, of statistical data on sex, sexual orientation,
and gender identity demographics through anonymous surveys or
other methods as age and developmentally appropriate.
(b) (c) If a program administered by the Board or 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) (d) The Department of Innovation and Technology shall

assist the Board and the Department by establishing common
technological processes and procedures for the Board and the
Department to:
(1) Catalog data.
(2) Identify similar fields in datasets.
(3) Manage data requests.
(4) Share data.
(5) Collect data.
(6) Improve and clean data.
(7) Match data across the Board and Departments.
(8) Develop research and analytic agendas.
(9) Report on program participation disaggregated by
race and ethnicity.
(10) Evaluate equitable outcomes for underserved
populations in Illinois.
(11) Define common roles for data management.
(12) Ensure that all major programs can report
disaggregated data by race, ethnicity, age, sex,
disability status, sexual orientation, and gender
identity, and primary or preferred language.
The Board and the Department shall use the common
technological processes and procedures established by the
Department of Innovation and Technology.
(d) (e) If the Board or the Department is unable to begin
reporting the data required by subsection (a) by July 1, 2022,
the Board or the Department shall state the reasons for the

delay under the reporting requirements.
(e) (f) By no later than March 31, 2022, the Board and the
Department shall provide a progress report to the General
Assembly to disclose: (i) the programs and datasets that have
been cataloged for which race, ethnicity, age, sex, disability
status, sexual orientation, gender identity, and primary or
preferred language have been standardized; and (ii) to the
extent possible, the datasets and programs that are
outstanding for each agency and the datasets that are planned
for the upcoming year. On or before March 31, 2023, and each
year thereafter, the Board and the Department Departments
shall provide an updated report to the General Assembly.
(f) (g) By no later than October 31, 2021, the Governor's
Office shall provide a plan to establish processes for input
from the Board and the Department into processes outlined in
subsection (c) (b). The plan shall incorporate ongoing efforts
at data interoperability within the Department and the
governance established to support the P-20 Longitudinal
Education Data System enacted by Public Act 96-107.
(g) (h) Nothing in this Section shall be construed to
limit the rights granted to individuals or data sharing
protections established under existing State and federal data
privacy and security laws.
(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;
revised 2-4-23.)

Section 10. The School Code is amended by changing
Sections 2-3.25a, 2-3.25b, 2-3.25c, 2-3.25d-5, 2-3.25f,
2-3.25f-5, 2-3.130, 2-3.195, 10-22.21b, 14-7.02, 18-8.15,
22-30, 27-23.1, 27A-3, 27A-4, 27A-5, 27A-6, 27A-7, 27A-7.5,
27A-7.10, 27A-9, 27A-10, 27A-10.5, 27A-10.10, 27A-11,
27A-11.5, 27A-12, 27A-13, 34-18.20, and 34-18.61 as follows:
(105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
Sec. 2-3.25a. "School district" defined; additional
standards.
(a) For the purposes of State accountability in this
Section and Sections 3.25b, 3.25c, 3.25e, and 3.25f of this
Code, "school district" includes other public entities
responsible for administering public schools, such as
cooperatives, joint agreements, charter schools, special
charter districts, regional offices of education, local
agencies, and the Department of Human Services.
(b) In addition to the standards established pursuant to
Section 2-3.25, the State Board of Education shall develop
recognition standards for student performance, such as
proficiency levels on State assessments, and school
improvement, such as annual summative designations, for all
school districts and their individual schools. The State Board
of Education is prohibited from having separate performance
standards for students based on race or ethnicity.
The accountability system that produces the school

improvement designations measure shall be outlined in the
State Plan that the State Board of Education submits to the
federal Department of Education pursuant to the federal Every
Student Succeeds Act. If the federal Every Student Succeeds
Act ceases to require a State Plan, the State Board of
Education shall develop a written plan in consultation with
the Balanced Accountability Committee created under subsection
(b-5) of this Section.
(b-5) The Balanced Accountability Measure Committee is
created and shall consist of the following individuals: a
representative of a statewide association representing
regional superintendents of schools, a representative of a
statewide association representing principals, a
representative of an association representing principals in a
city having a population exceeding 500,000, a representative
of a statewide association representing school administrators,
a representative of a statewide professional teachers'
organization, a representative of a different statewide
professional teachers' organization, an additional
representative from either statewide professional teachers'
organization, a representative of a professional teachers'
organization in a city having a population exceeding 500,000,
a representative of a statewide association representing
school boards, and a representative of a school district
organized under Article 34 of this Code. The head of each
association or entity listed in this paragraph shall appoint

its respective representative. The State Superintendent of
Education, in consultation with the Committee, may appoint no
more than 2 additional individuals to the Committee, which
individuals shall serve in an advisory role and must not have
voting or other decision-making rights.
The Balanced Accountability Measure Committee shall meet
no less than 4 times per year to discuss the accountability
system standards set forth in the State Plan pursuant to the
federal Every Student Succeeds Act and to provide stakeholder
feedback and recommendations to the State Board of Education
with regard to the State Plan, which the State Board shall take
into consideration. On or before Upon completion of the
2019-2020 school year and no less than once every 3 years
thereafter, the Balanced Accountability Measure Committee
shall assess the implementation of the State Plan and, if
necessary, make recommendations to the State Board for any
changes. The Committee shall consider accountability
recommendations made by the Illinois P-20 Council established
under Section 22-45 of this Code, the Illinois Early Learning
Council created under the Illinois Early Learning Council Act,
and any other stakeholder group established by the State Board
in relation to the federal Every Student Succeeds Act. The
State Board shall provide to the Committee an annual report
with data and other information collected from entities
identified by the State Board as learning partners, including,
but not limited to, data and information on the learning

partners' effectiveness, geographic distribution, and cost to
serve as part of a comprehensive statewide system of support.
The State Board of Education, in collaboration with the
Balanced Accountability Measure Committee set forth in this
subsection (b-5), shall adopt rules that further
implementation in accordance with the requirements of this
Section.
(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 99-657, eff. 7-28-16; 100-1046, eff.
8-23-18.)
(105 ILCS 5/2-3.25b) (from Ch. 122, par. 2-3.25b)
Sec. 2-3.25b. Recognition levels and annual summative
designations. The State Board of Education shall, consistent
with adopted recognition standards, provide for levels of
recognition or nonrecognition. The State Board of Education
shall promulgate rules governing the procedures whereby school
districts may appeal a recognition level.
The State Board of Education shall have the authority to
collect from schools and school districts the information,
data, test results, student performance and school improvement
indicators as may be necessary to implement and carry out the
purposes of this Act and to implement and carry out the
issuance of school improvement designations via the
accountability system identified in Section 2-3.25a of this
Code. Schools and school districts that fail to submit

accurate data within the State Board of Education's timeframes
may have federal funds withheld.
(Source: P.A. 96-734, eff. 8-25-09.)
(105 ILCS 5/2-3.25c) (from Ch. 122, par. 2-3.25c)
Sec. 2-3.25c. Rewards. The State Board of Education shall
implement a system of rewards for school districts, and the
schools themselves, through a process that recognizes schools
in improvement status that are (i) high-poverty,
high-performing schools that are closing achievement gaps or
are and excelling in academic achievement; (ii) schools that
have sustained high performance serving identified student
groups; (iii) schools that have substantial growth performance
over the 3 years immediately preceding the year in which
recognition is awarded; and (iv) schools that have
demonstrated the most progress in improving student outcomes
of student groups identified for Targeted, Comprehensive, or
Intensive School Improvement , in comparison to schools
statewide, in closing the achievement gap among various
subgroups of students in the 3 years immediately preceding the
year in which recognition is awarded.
(Source: P.A. 99-193, eff. 7-30-15.)
(105 ILCS 5/2-3.25d-5)
Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive
schools Priority and focus districts.

(a) Beginning in 2018 2015, a school school districts
designated as "Comprehensive" priority districts shall be
those that have one or more priority schools. "Priority
school" is defined as:
(1) a school that is among the lowest performing 5% of
schools in this State based on the multi-measures
accountability system defined in the State Plan a 3-year
average, with respect to the performance of the "all
students" group for the percentage of students deemed
proficient in English/language arts and mathematics
combined, and demonstrates a lack of progress as defined
by the State Board of Education;
(2) any high school with a graduation rate of less
than 67% a beginning secondary school that has an average
graduation rate of less than 60% over the last 3 school
years; or
(2.5) any school that has completed a full 4-year
cycle of Targeted School Improvement but remains
identified for Targeted Support for one or more of the
same student groups originally identified for Targeted
Support; or
(3) (blank). a school receiving a school improvement
grant under Section 1003(g) of the federal Elementary and
Secondary Education Act of 1965.
The State Board of Education shall work with districts
with one or more schools in Comprehensive School Improvement

Status a priority district to perform a district needs
assessment to determine the district's core functions that are
areas of strength and weakness, unless the district is already
undergoing a national accreditation process. The results from
the district needs assessment shall be used by the district
and school to identify goals and objectives for the district's
improvement. The district needs assessment shall include at a
minimum, a review of the following areas: student performance
on State assessments; student performance on local
assessments; finances, including resource allocation reviews;
a study of district functions, such as district finance,
governance, including effectiveness of school leadership;
student engagement opportunities and access to those
opportunities; instructional , instruction practices; ,
standards-aligned curriculum; school climate, and culture
survey results; family and community engagement; reflective
stakeholder engagement; involvement, and continuous school
improvement practices; educator and employee quality,
including staff continuity and turnover rates; and alignment
of professional development to continuous improvement efforts.
(b) Beginning in 2018, a school 2015, districts designated
as "Targeted" focus districts shall be those that have one or
more focus schools. "Focus school" means a school that is
contributing to the achievement gaps in this State and is
defined as a school in which one or more student groups is
performing at or below the level of the "all students" group of

schools designated Comprehensive, as defined in paragraph (1)
of subsection (a) of this Section. :
(1) a school that has one or more subgroups in which
the average student performance is at or below the State
average for the lowest 10% of student performance in that
subgroup; or
(2) a school with an average graduation rate of less
than 60% and not identified for priority.
(c) Beginning in 2023, a school designated as "Intensive"
shall be defined as a school that has completed a full 4-year
cycle of Comprehensive School Improvement but does not meet
the criteria to exit that status, as defined in the State Plan
referenced in subsection (b) of Section 2-3.25a of this Code,
at the end of the cycle.
(d) All schools in school improvement status, including
Comprehensive, Targeted, and Intensive schools, must complete
a school-level needs assessment and develop and implement a
continuous improvement plan.
(Source: P.A. 99-193, eff. 7-30-15.)
(105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
Sec. 2-3.25f. State interventions.
(a) The State Board of Education shall provide technical
assistance to schools in school improvement status to assist
with the development and implementation of School and District
Improvement Plans.

Schools or school districts that fail to make reasonable
efforts to implement an approved Improvement Plan may suffer
loss of State funds by school district, attendance center, or
program as the State Board of Education deems appropriate.
(a-5) (Blank).
(b) Schools that receive Targeted Support or Comprehensive
Support designations shall enter a 4-year cycle of school
improvement status. If, at the end of the 4-year cycle, the
school fails to meet the exit criteria specified in the State
Plan referenced in subsection (b) of Section 2-3.25a of this
Code, the school shall escalate to a more intensive
intervention. Targeted Support schools that remain Targeted
for one or more of the same student groups as in the initial
identification after completion of a 4-year cycle of Targeted
School Improvement shall be redesignated as Comprehensive
Support schools, as provided in paragraph (2.5) of subsection
(a) of Section 2-3.25d-5 of this Code. Comprehensive Support
schools that remain in the lowest-performing 5% after
completion of a 4-year cycle of Comprehensive School
Improvement shall be redesignated as Intensive Support schools
and shall escalate through more rigorous, tiered support,
developed in consultation with the Balanced Accountability
Measure Committee and other relevant stakeholder groups, which
may ultimately result in the Beginning in 2017, if, after 3
years following its identification as a priority district
under Section 2-3.25d-5 of this Code, a district does not make

progress as measured by a reduction in achievement gaps
commensurate with the targets in this State's approved
accountability plan with the U.S. Department of Education,
then the State Board of Education may (i) change of the
recognition status of the school district or school to
nonrecognized or (ii) authorization for authorize the State
Superintendent of Education to direct the reassignment of
pupils or direct the reassignment or replacement of school or
school district personnel. If a school district is
nonrecognized in its entirety, for any reason, including those
not related to performance in the accountability system, it
shall automatically be dissolved on July 1 following that
nonrecognition and its territory realigned with another school
district or districts by the regional board of school trustees
in accordance with the procedures set forth in Section 7-11 of
the School Code. The effective date of the nonrecognition of a
school shall be July 1 following the nonrecognition.
(b-5) The State Board of Education shall also develop a
system to provide assistance and resources to lower performing
school districts. At a minimum, the State Board shall identify
school districts to receive Intensive, Comprehensive, and
Targeted Support priority services, to be known as priority
districts under Section 2-3.25d-5 of this Code. The school
district shall provide the exclusive bargaining representative
with a 5-day notice that the district has had one or more
schools within the district identified as being in

Comprehensive or Intensive School Improvement Status been
identified as a priority district. In addition, the State
Board may, by rule, develop other categories of low-performing
schools and school districts to receive services.
The State Board of Education shall work with districts
with one or more schools in Comprehensive or Intensive School
Improvement Status, through technical assistance and
professional development, based Based on the results of the
district needs assessment under Section 2-3.25d-5 of this
Code, the State Board of Education shall work with the
district to provide technical assistance and professional
development, in partnership with the district, to develop and
implement a continuous improvement plan that would increase
outcomes for students. The plan for continuous improvement
shall be based on the results of the district needs assessment
and shall be used to determine the types of services that are
to be provided to each Comprehensive and Intensive School
priority district. Potential services for a district may
include, but are not limited to, monitoring adult and student
practices, reviewing and reallocating district resources,
developing a district and school leadership team, providing
access to curricular content area specialists, and providing
online resources and professional development.
The State Board of Education may require priority
districts with one or more Comprehensive or Intensive Schools
identified as having deficiencies in one or more core

functions of the district needs assessment to undergo an
accreditation process as provided in subsection (d) of Section
2-3.25f-5 of this Code.
(c) All federal requirements apply to schools and school
districts utilizing federal funds under Title I, Part A of the
federal Elementary and Secondary Education Act of 1965.
(Source: P.A. 98-1155, eff. 1-9-15; 99-193, eff. 7-30-15;
99-203, eff. 7-30-15; 99-642, eff. 7-28-16.)
(105 ILCS 5/2-3.25f-5)
Sec. 2-3.25f-5. Independent Authority.
(a) The General Assembly finds all of the following:
(1) A fundamental goal of the people of this State, as
expressed in Section 1 of Article X of the Illinois
Constitution, is the educational development of all
persons to the limits of their capacities. When a school
board faces governance difficulties, continued operation
of the public school system is threatened.
(2) Sound school board governance, academic
achievement, and sound financial structure are essential
to the continued operation of any school system. It is
vital to commercial, educational, and cultural interests
that public schools remain in operation. To achieve that
goal, public school systems must have effective
leadership.
(3) To promote the sound operation of districts, as

defined in this Section, it may be necessary to provide
for the creation of independent authorities with the
powers necessary to promote sound governance, sound
academic planning, and sound financial management and to
ensure the continued operation of the public schools.
(4) It is the purpose of this Section to provide for a
sound basis for the continued operation of public schools.
The intention of the General Assembly, in creating this
Section, is to establish procedures, provide powers, and
impose restrictions to ensure the educational integrity of
public school districts.
(b) As used in this Section:
"Board" means a school board of a district.
"Chairperson" means the Chairperson of the Independent
Authority.
"District" means any school district having a population
of not more than 500,000.
"State Board" means the State Board of Education.
"State Superintendent" means the State Superintendent of
Education.
(c) The State Board has the power to direct the State
Superintendent to remove a board. Boards may be removed when
the criteria provided for in subsection (d) of this Section
are met. At no one time may the State Board remove more than 4
school boards and establish Independent Authorities pursuant
to subsection (e) of this Section.

If the State Board proposes to direct the State
Superintendent to remove a board from a district, board
members shall receive individual written notice of the
intended removal. Written notice must be provided at least 30
calendar days before a hearing is held by the State Board. This
notice shall identify the basis for proposed removal.
Board members are entitled to a hearing, during which time
each board member shall have the opportunity to respond
individually, both orally and through written comments, to the
basis laid out in the notice. Written comments must be
submitted to the State Board on or before the hearing.
Board members are entitled to be represented by counsel at
the hearing, but counsel must not be paid with district funds,
unless the State Board decides that the board will not be
removed and then the board members may be reimbursed for all
reasonable attorney's fees by the district.
The State Board shall make a final decision on removal
immediately following the hearing or at its next regularly
scheduled or special meeting. In no event may the decision be
made later than the next regularly scheduled meeting.
The State Board shall issue a final written decision. If
the State Board directs the State Superintendent to remove the
board, the State Superintendent shall do so within 30 days
after the written decision. Following the removal of the
board, the State Superintendent shall establish an Independent
Authority pursuant to subsection (e) of this Section.

If there is a financial oversight panel operating in the
district pursuant to Article 1B or 1H of this Code, the State
Board may, at its discretion, abolish the panel.
(d) The State Board may require priority districts with
one or more schools in Intensive Support status that have been
identified as having deficiencies in one or more core
functions of the needs assessment, as described defined in
subsection (b-5) of Section 2-3.25f of this Code, to seek
accreditation through an independent accreditation
organization chosen by the State Board and paid for by the
State. The State Board may direct the State Superintendent to
remove board members pursuant to subsection (c) of this
Section in any district in which the district is unable to
obtain accreditation in whole or in part due to reasons
specifically related to school board governance. When
determining if a district has failed to meet the standards for
accreditation specifically related to school board governance,
the accreditation entity shall take into account the overall
academic, fiscal, and operational condition of the district
and consider whether the board has failed to protect district
assets, to direct sound administrative and academic policy, to
abide by basic governance principles, including those set
forth in district policies, and to conduct itself with
professionalism and care and in a legally, ethically, and
financially responsible manner. When considering if a board
has failed in these areas, the accreditation entity shall

consider some or all of the following factors:
(1) Failure to protect district assets by, without
limitation, incidents of fiscal fraud or misappropriation
of district funds; acts of neglecting the district's
building conditions; a failure to meet regularly
scheduled, payroll-period obligations when due; a failure
to abide by competitive bidding laws; a failure to prevent
an audit finding of material internal control weaknesses;
a failure to comply with required accounting principles; a
failure to develop and implement a comprehensive,
risk-management plan; a failure to provide financial
information or cooperate with the State Superintendent; or
a failure to file an annual financial report, an annual
budget, a deficit reduction plan, or other financial
information as required by law.
(2) Failure to direct sound administrative and
academic policy by, without limitation, hiring staff who
do not meet minimal certification requirements for the
positions being filled or who do not meet the customary
qualifications held by those occupying similar positions
in other school districts; a failure to avoid conflicts of
interest as it relates to hiring or other contractual
obligations; a failure to provide minimum graduation
requirements and curricular requirements of the School
Code and regulations; a failure to provide a minimum
school term as required by law; or a failure to adopt and

implement policies and practices that promote conditions
that support student learning, effective instruction, and
assessment that produce equitable and challenging learning
experiences for all students.
(3) Failure to abide by basic governance principles
by, without limitation, a failure to comply with the
mandated oath of office; a failure to adopt and abide by
sound local governance policies; a failure to abide by the
principle that official action by the board occurs only
through a duly-called and legally conducted meeting of the
board; a failure to abide by majority decisions of the
board; a failure to protect the privacy of students; a
failure to ensure that board decisions and actions are in
accordance with defined roles and responsibilities; or a
failure of the board to protect, support, and respect the
autonomy of a system to accomplish goals for improvement
in student learning and instruction and to manage
day-to-day operations of the school system and its
schools, including maintaining the distinction between the
board's roles and responsibilities and those of
administrative leadership.
(4) Failure to conduct itself in a legally, ethically,
and financially responsible manner by, without limitation,
a failure to act in accordance with the Constitution of
the United States of America and the Constitution of the
State of Illinois and within the scope of State and

federal laws; laws, including a failure to comply with
provisions of the School Code, the Open Meetings Act, and
the Freedom of Information Act and federal and State laws
that protect the rights of protected categories of
students; a failure to comply with all district policies
and procedures and all State rules; or a failure to comply
with the governmental entities provisions of the State
Officials and Employees Ethics Act, including the gift ban
and prohibited political activities provisions.
(e) Upon removal of the board, the State Superintendent
shall establish an Independent Authority. Upon establishment
of an Independent Authority, there is established a body both
corporate and politic to be known as the "(Name of the School
District) Independent Authority", which in this name shall
exercise all of the authority vested in an Independent
Authority by this Section and by the name may sue and be sued
in all courts and places where judicial proceedings are had.
(f) Upon establishment of an Independent Authority under
subsection (e) of this Section, the State Superintendent
shall, within 30 working days thereafter and in consultation
with State and locally elected officials, appoint 5 or 7
members to serve on an Independent Authority for the district.
Members appointed to the Independent Authority shall serve at
the pleasure of the State Superintendent. The State
Superintendent shall designate one of the members of the
Independent Authority to serve as its chairperson. In the

event of vacancy or resignation, the State Superintendent
shall, within 15 working days after receiving notice, appoint
a successor to serve out that member's term. If the State Board
has abolished a financial oversight panel pursuant to
subsection (c) of this Section, the State Superintendent may
appoint former members of the panel to the Independent
Authority. These members may serve as part of the 5 or 7
members or may be appointed in addition to the 5 or 7 members,
with the Independent Authority not to exceed 9 members in
total.
Members of the Independent Authority must be selected
primarily on the basis of their experience and knowledge in
education policy and governance, with consideration given to
persons knowledgeable in the operation of a school district. A
member of the Independent Authority must be a registered voter
as provided in the general election law, must not be a school
trustee, and must not be a child sex offender as defined in
Section 11-9.3 of the Criminal Code of 2012. A majority of the
members of the Independent Authority must be residents of the
district that the Independent Authority serves. A member of
the Independent Authority may not be an employee of the
district, nor may a member have a direct financial interest in
the district.
Independent Authority members may be reimbursed by the
district for travel if they live more than 25 miles away from
the district's headquarters and other necessary expenses

incurred in the performance of their official duties. The
amount reimbursed members for their expenses must be charged
to the school district.
With the exception of the Chairperson, the Independent
Authority may elect such officers as it deems appropriate.
The first meeting of the Independent Authority must be
held at the call of the Chairperson. The Independent Authority
shall prescribe the times and places for its meetings and the
manner in which regular and special meetings may be called and
shall comply with the Open Meetings Act.
All Independent Authority members must complete the
training required of school board members under Section 10-16a
of this Code.
(g) The purpose of the Independent Authority is to operate
the district. The Independent Authority shall have all of the
powers and duties of a board and all other powers necessary to
meet its responsibilities and to carry out its purpose and the
purposes of this Section and that may be requisite or proper
for the maintenance, operation, and development of any school
or schools under the jurisdiction of the Independent
Authority. This grant of powers does not release an
Independent Authority from any duty imposed upon it by this
Code or any other law.
The Independent Authority shall have no power to
unilaterally cancel or modify any collective bargaining
agreement in force upon the date of creation of the

Independent Authority.
(h) The Independent Authority may prepare and file with
the State Superintendent a proposal for emergency financial
assistance for the school district and for the operations
budget of the Independent Authority, in accordance with
Section 1B-8 of this Code. A district may receive both a loan
and a grant.
(i) An election for board members must not be held in a
district upon the establishment of an Independent Authority
and is suspended until the next regularly scheduled school
board election that takes place no less than 2 years following
the establishment of the Independent Authority. For this first
election, 3 school board members must be elected to serve out
terms of 4 years and until successors are elected and have
qualified. Members of the Independent Authority are eligible
to run for election in the district, provided that they meet
all other eligibility requirements of Section 10-10 of this
Code. Following this election, the school board shall consist
of the newly elected members and any remaining members of the
Independent Authority. The majority of this board must be
residents of the district. The State Superintendent must
appoint new members who are residents to the Independent
Authority if necessary to maintain this majority. At the next
school board election, 4 school board members must be elected
to serve out terms of 4 years and until successors are elected
and have qualified. For purposes of these first 2 elections,

the school board members must be elected at-large. In
districts where board members were previously elected using an
alternative format pursuant to Article 9 of this Code,
following these first 2 elections, the voting shall
automatically revert back to the original form. Following the
election, any remaining Independent Authority members shall
serve in the district as an oversight panel until such time as
the district meets the governance standards necessary to
achieve accreditation. If some or all of the Independent
Authority members have been elected to the board, the State
Superintendent may, in his or her discretion, appoint new
members to the Independent Authority pursuant to subsection
(f) of this Section. The school board shall get approval of all
actions by the Independent Authority during the time the
Independent Authority serves as an oversight panel.
Board members who were removed pursuant to subsection (c)
of this Section are ineligible to run for school board in the
district for 10 years following the abolition of the
Independent Authority pursuant to subsection (l) of this
Section. However, board members who were removed pursuant to
subsection (c) of this Section and were appointed to the
Independent Authority by the State Superintendent are eligible
to run for school board in the district.
(j) The Independent Authority, upon its members taking
office and annually thereafter and upon request, shall prepare
and submit to the State Superintendent a report on the state of

the district, including without limitation the academic
improvement and financial situation of the district. This
report must be submitted annually on or before March 1 of each
year. The State Superintendent shall provide copies of any and
all reports to the regional office of education for the
district and to the State Senator and Representative
representing the area where the district is located.
(k) The district shall render such services to and permit
the use of its facilities and resources by the Independent
Authority at no charge as may be requested by the Independent
Authority. Any State agency, unit of local government, or
school district may, within its lawful powers and duties,
render such services to the Independent Authority as may be
requested by the Independent Authority.
(l) An Independent Authority must be abolished when the
district, following the election of the full board, meets the
governance standards necessary to achieve accreditation status
by an independent accreditation agency chosen by the State
Board. The abolition of the Independent Authority shall be
done by the State Board and take place within 30 days after the
determination of the accreditation agency.
Upon abolition of the Independent Authority, all powers
and duties allowed by this Code to be exercised by a school
board shall be transferred to the elected school board.
(m) The Independent Authority must be indemnified through
insurance purchased by the district. The district shall

purchase insurance through which the Independent Authority is
to be indemnified.
The district retains the duty to represent and to
indemnify Independent Authority members following the
abolition of the Independent Authority for any cause of action
or remedy available against the Independent Authority, its
members, its employees, or its agents for any right or claim
existing or any liability incurred prior to the abolition.
The insurance shall indemnify and protect districts,
Independent Authority members, employees, volunteer personnel
authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of
this Code, mentors of certified or licensed staff as
authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and
34-18.33 of this Code, and student teachers against civil
rights damage claims and suits, constitutional rights damage
claims and suits, and death and bodily injury and property
damage claims and suits, including defense thereof, when
damages are sought for negligent or wrongful acts alleged to
have been committed in the scope of employment, under the
direction of the Independent Authority, or related to any
mentoring services provided to certified or licensed staff of
the district. Such indemnification and protection shall extend
to persons who were members of an Independent Authority,
employees of an Independent Authority, authorized volunteer
personnel, mentors of certified or licensed staff, or student
teachers at the time of the incident from which a claim arises.

No agent may be afforded indemnification or protection unless
he or she was a member of an Independent Authority, an employee
of an Independent Authority, an authorized volunteer, a mentor
of certified or licensed staff, or a student teacher at the
time of the incident from which the claim arises.
(n) The State Board may adopt rules as may be necessary for
the administration of this Section.
(Source: P.A. 98-1155, eff. 1-9-15.)
(105 ILCS 5/2-3.130)
Sec. 2-3.130. Isolated time out, time out, and physical
restraint rules; grant program; third-party assistance; goals
and plans.
(a) For purposes of this Section, "isolated time out",
"physical restraint", and "time out" have the meanings given
to those terms under Section 10-20.33.
(b) The State Board of Education shall promulgate rules
governing the use of isolated time out, time out, and physical
restraint in special education nonpublic facilities and the
public schools. The rules shall include provisions governing
the documentation and reporting that is required each time
these interventions are used.
The rules adopted by the State Board shall include a
procedure by which a person who believes a violation of
Section 10-20.33 or 34-18.20 has occurred may file a
complaint. The rules adopted by the State Board shall include

training requirements that must be included in training
programs used to train and certify school personnel.
The State Board shall establish procedures for progressive
enforcement actions to ensure that schools fully comply with
the documentation and reporting requirements for isolated time
out, time out, and physical restraint established by rule,
which shall include meaningful and appropriate sanctions for
the failure to comply, including the failure to report to the
parent or guardian and to the State Board, the failure to
timely report, and the failure to provide detailed
documentation.
(c) Subject to appropriation, the State Board shall, by
adoption of emergency rules under subsection (rr) of Section
5-45 of the Illinois Administrative Procedure Act if it so
chooses, create a grant program for school districts, special
education nonpublic facilities approved under Section 14-7.02
of this Code, and special education cooperatives to implement
school-wide, culturally sensitive, and trauma-informed
practices, positive behavioral interventions and supports, and
restorative practices within a multi-tiered system of support
aimed at reducing the need for interventions, such as isolated
time out, time out, and physical restraint. The State Board
shall give priority in grant funding to those school
districts, special education nonpublic facilities approved
under Section 14-7.02 of this Code, and special education
cooperatives that submit a plan to achieve a significant

reduction or elimination in the use of isolated time out and
physical restraint in less than 3 years.
(d) Subject to the Illinois Procurement Code, the Illinois
School Student Records Act, the Mental Health and
Developmental Disabilities Confidentiality Act, and the
federal Family Educational Rights and Privacy Act of 1974, the
State Board may contract with a third party to provide
assistance with the oversight and monitoring of the use of
isolated time out, time out, and physical restraint by school
districts.
(e) For the purpose of this subsection and subsection (f),
"entity" means a school district, a special education
nonpublic school approved under Section 14-7.02 of this Code
and located in this State, or a special education cooperative
to the extent the cooperative operates separate schools or
programs within schools.
The State Board shall establish goals within 90 days after
the effective date of this amendatory Act of the 102nd General
Assembly, with specific benchmarks, for entities schools to
accomplish the systemic reduction of isolated time out, time
out, and physical restraint within 3 years after the effective
date of this amendatory Act of the 102nd General Assembly. The
State Board shall engage in meaningful consultation with
stakeholders to establish the goals, including in the review
and evaluation of the data submitted. The State Board shall
also consult stakeholders in efforts to develop strategies to

measure and reduce racial and ethnic disparities in the use of
isolated time out, time out, and physical restraint. Each
entity school board shall create a time out and physical
restraint oversight team that includes, but is not limited to,
teachers, paraprofessionals, school service personnel, and
administrators to develop (i) an entity-specific a
school-specific plan for reducing and eventually eliminating
the use of isolated time out, time out, and physical restraint
in accordance with the goals and benchmarks established by the
State Board and (ii) procedures to implement the plan
developed by the team.
The progress toward the reduction and eventual elimination
of the use of isolated time out and physical restraint shall be
measured by the reduction in the overall number of incidents
of those interventions and the total number of students
subjected to those interventions. In limited cases, upon
written application made by an entity a school district and
approved by the State Board based on criteria developed by the
State Board to show good cause, the reduction in the use of
those interventions may be measured by the frequency of the
use of those interventions on individual students and the
student population as a whole. The State Board shall specify a
date for submission of the plans. Entities School districts
shall submit a report once each year for 3 years after the
effective date of this amendatory Act of the 102nd General
Assembly to the State Board on the progress made toward

achieving the goals and benchmarks established by the State
Board and modify their plans as necessary to satisfy those
goals and benchmarks. Entities School districts shall notify
parents and guardians that the plans and reports are available
for review. On or before June 30, 2023, the State Board shall
issue a report to the General Assembly on the progress made by
entities schools to achieve those goals and benchmarks. The
required plans shall include, but not be limited to, the
specific actions that are to be taken to:
(1) reduce and eventually eliminate a reliance on
isolated time out, time out, and physical restraint for
behavioral interventions and develop noncoercive
environments;
(2) develop individualized student plans that are
oriented toward prevention of the use of isolated time
out, time out, and physical restraint with the intent that
a plan be separate and apart from a student's
individualized education program or a student's plan for
services under Section 504 of the federal Rehabilitation
Act of 1973;
(3) ensure that appropriate school personnel are fully
informed of the student's history, including any history
of physical or sexual abuse, and other relevant medical
and mental health information, except that any disclosure
of student information must be consistent with federal and
State laws and rules governing student confidentiality and

privacy rights; and
(4) support a vision for cultural change that
reinforces the following:
(A) positive behavioral interventions and support
rather than isolated time out, time out, and physical
restraint;
(B) effective ways to de-escalate situations to
avoid isolated time out, time out, and physical
restraint;
(C) crisis intervention techniques that use
alternatives to isolated time out, time out, and
physical restraint; and
(D) use of debriefing meetings to reassess what
occurred and why it occurred and to think through ways
to prevent use of the intervention the next time.
(f) An entity, as defined in subsection (e), A school is
exempt from the requirement to submit a plan and the annual
reports under subsection (e) if the entity school is able to
demonstrate to the satisfaction of the State Board that (i)
within the previous 3 years, the entity school district has
never engaged in the use of isolated time out, time out, or
physical restraint and (ii) the entity school has adopted a
written policy that prohibits the use isolated time out, time
out, and physical restraint on a student and is able to
demonstrate the enforcement of that policy.
(g) The State Board shall establish a system of ongoing

review, auditing, and monitoring to ensure that entities
schools comply with the documentation and reporting
requirements and meet the State Board's established goals and
benchmarks for reducing and eventually eliminating the use of
isolated time out, time out, and physical restraint.
(Source: P.A. 102-339, eff. 8-13-21.)
(105 ILCS 5/2-3.195)
Sec. 2-3.195. Direct support professional training
program. Beginning with the 2025-2026 school year and
continuing for not less than 2 years, the State Board of
Education shall make available a model program of study that
incorporates the training and experience necessary to serve as
a direct support professional. By July 1, 2023, the Department
of Human Services State Board shall submit recommendations
developed in consultation with stakeholders, including, but
not limited to, organizations representing community-based
providers serving children and adults with intellectual or
developmental disabilities, and education practitioners,
including, but not limited to, teachers, administrators,
special education directors, and regional superintendents of
schools, to the State Board Department of Human Services for
the training that would be required in order to be complete the
model program of study.
(Source: P.A. 102-874, eff. 1-1-23; revised 12-16-22.)

(105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
Sec. 10-22.21b. Administering medication.
(a) In this Section, "asthma action plan" has the meaning
given to that term under Section 22-30.
(b) To provide for the administration of medication to
students. It shall be the policy of the State of Illinois that
the administration of medication to students during regular
school hours and during school-related activities should be
discouraged unless absolutely necessary for the critical
health and well-being of the student. Under no circumstances
shall teachers or other non-administrative school employees,
except certified school nurses and non-certificated registered
professional nurses, be required to administer medication to
students. This Section shall not prohibit a school district
from adopting guidelines for self-administration of medication
by students that are consistent with this Section and this
Code. This Section shall not prohibit any school employee from
providing emergency assistance to students.
(c) Notwithstanding any other provision of law, a school
district must allow any student with an asthma action plan, an
Individual Health Care Action Plan, an allergy emergency
action plan Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, a plan pursuant to Section 504
of the federal Rehabilitation Act of 1973, or a plan pursuant
to the federal Individuals with Disabilities Education Act to
self-administer any medication required under those plans if

the student's parent or guardian provides the school district
with (i) written permission for the student's
self-administration of medication and (ii) written
authorization from the student's physician, physician
assistant, or advanced practice registered nurse for the
student to self-administer the medication. A parent or
guardian must also provide to the school district the
prescription label for the medication, which must contain the
name of the medication, the prescribed dosage, and the time or
times at which or the circumstances under which the medication
is to be administered. Information received by a school
district under this subsection shall be kept on file in the
office of the school nurse or, in the absence of a school
nurse, the school's administrator.
(d) Each school district must adopt an emergency action
plan for a student who self-administers medication under
subsection (c). The plan must include both of the following:
(1) A plan of action in the event a student is unable
to self-administer medication.
(2) The situations in which a school must call 9-1-1.
(e) A school district and its employees and agents shall
incur no liability, except for willful and wanton conduct, as
a result of any injury arising from the self-administration of
medication by a student under subsection (c). The student's
parent or guardian must sign a statement to this effect, which
must acknowledge that the parent or guardian must indemnify

and hold harmless the school district and its employees and
agents against any claims, except a claim based on willful and
wanton conduct, arising out of the self-administration of
medication by a student.
(Source: P.A. 101-205, eff. 1-1-20.)
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or
private special education facilities.
(a) The General Assembly recognizes that non-public
schools or special education facilities provide an important
service in the educational system in Illinois.
(b) If a student's individualized education program (IEP)
team determines that because of his or her disability the
special education program of a district is unable to meet the
needs of the child and the child attends a non-public school or
special education facility, a public out-of-state school or a
special education facility owned and operated by a county
government unit that provides special educational services
required by the child and is in compliance with the
appropriate rules and regulations of the State Superintendent
of Education, the school district in which the child is a
resident shall pay the actual cost of tuition for special
education and related services provided during the regular
school term and during the summer school term if the child's

educational needs so require, excluding room, board and
transportation costs charged the child by that non-public
school or special education facility, public out-of-state
school or county special education facility, or $4,500 per
year, whichever is less, and shall provide him any necessary
transportation. "Nonpublic special education facility" shall
include a residential facility, within or without the State of
Illinois, which provides special education and related
services to meet the needs of the child by utilizing private
schools or public schools, whether located on the site or off
the site of the residential facility. Resident district
financial responsibility and reimbursement applies for both
nonpublic special education facilities that are approved by
the State Board of Education pursuant to 23 Ill. Adm. Code 401
or other applicable laws or rules and for emergency
residential placements in nonpublic special education
facilities that are not approved by the State Board of
Education pursuant to 23 Ill. Adm. Code 401 or other
applicable laws or rules, subject to the requirements of this
Section.
(c) Prior to the placement of a child in an out-of-state
special education residential facility, the school district
must refer to the child or the child's parent or guardian the
option to place the child in a special education residential
facility located within this State, if any, that provides
treatment and services comparable to those provided by the

out-of-state special education residential facility. The
school district must review annually the placement of a child
in an out-of-state special education residential facility. As
a part of the review, the school district must refer to the
child or the child's parent or guardian the option to place the
child in a comparable special education residential facility
located within this State, if any.
(d) Payments shall be made by the resident school district
to the entity providing the educational services, whether the
entity is the nonpublic special education facility or the
school district wherein the facility is located, no less than
once per quarter, unless otherwise agreed to in writing by the
parties.
(e) A school district may residentially place a student in
a nonpublic special education facility providing educational
services, but not approved by the State Board of Education
pursuant to 23 Ill. Adm. Code 401 or other applicable laws or
rules, provided that the State Board of Education provides an
emergency and student-specific approval for residential
placement. The State Board of Education shall promptly, within
10 days after the request, approve a request for emergency and
student-specific approval for residential placement if the
following have been demonstrated to the State Board of
Education:
(1) the facility demonstrates appropriate licensure of
teachers for the student population;

(2) the facility demonstrates age-appropriate
curriculum;
(3) the facility provides enrollment and attendance
data;
(4) the facility demonstrates the ability to implement
the child's IEP; and
(5) the school district demonstrates that it made good
faith efforts to residentially place the student in an
approved facility, but no approved facility has accepted
the student or has availability for immediate residential
placement of the student.
A resident school district may also submit such proof to the
State Board of Education as may be required for its student.
The State Board of Education may not unreasonably withhold
approval once satisfactory proof is provided to the State
Board.
(f) If an impartial due process hearing officer who is
contracted by the State Board of Education pursuant to this
Article orders placement of a student with a disability in a
residential facility that is not approved by the State Board
of Education, then, for purposes of this Section, the facility
shall be deemed approved for placement and school district
payments and State reimbursements shall be made accordingly.
(g) Emergency residential placement in a facility approved
pursuant to subsection (e) or (f) may continue to be utilized
so long as (i) the student's IEP team determines annually that

such placement continues to be appropriate to meet the
student's needs and (ii) at least every 3 years following the
student's residential placement, the IEP team reviews
appropriate placements approved by the State Board of
Education pursuant to 23 Ill. Adm. Code 401 or other
applicable laws or rules to determine whether there are any
approved placements that can meet the student's needs, have
accepted the student, and have availability for placement of
the student.
(h) The State Board of Education shall promulgate rules
and regulations for determining when placement in a private
special education facility is appropriate. Such rules and
regulations shall take into account the various types of
services needed by a child and the availability of such
services to the particular child in the public school. In
developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on Education
of Children with Disabilities and hold public hearings to
secure recommendations from parents, school personnel, and
others concerned about this matter.
The State Board of Education shall also promulgate rules
and regulations for transportation to and from a residential
school. Transportation to and from home to a residential
school more than once each school term shall be subject to
prior approval by the State Superintendent in accordance with
the rules and regulations of the State Board.

(i) A school district making tuition payments pursuant to
this Section is eligible for reimbursement from the State for
the amount of such payments actually made in excess of the
district per capita tuition charge for students not receiving
special education services. Such reimbursement shall be
approved in accordance with Section 14-12.01 and each district
shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms
prescribed by the State Superintendent of Education. Data used
as a basis of reimbursement claims shall be for the preceding
regular school term and summer school term. Each school
district shall transmit its claims to the State Board of
Education on or before August 15. The State Board of
Education, before approving any such claims, shall determine
their accuracy and whether they are based upon services and
facilities provided under approved programs. Upon approval the
State Board shall cause vouchers to be prepared showing the
amount due for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on the
30th day of September, December, and March, respectively, and
the final voucher, no later than June 20. If the money
appropriated by the General Assembly for such purpose for any
year is insufficient, it shall be apportioned on the basis of
the claims approved.
(j) No child shall be placed in a special education
program pursuant to this Section if the tuition cost for

special education and related services increases more than 10
percent over the tuition cost for the previous school year or
exceeds $4,500 per year unless such costs have been approved
by the Illinois Purchased Care Review Board. The Illinois
Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and
Family Services, Public Health, Public Aid, and the Governor's
Office of Management and Budget; the Secretary of Human
Services; the State Superintendent of Education; and such
other persons as the Governor may designate. The Review Board
shall also consist of one non-voting member who is an
administrator of a private, nonpublic, special education
school. The Review Board shall establish rules and regulations
for its determination of allowable costs and payments made by
local school districts for special education, room and board,
and other related services provided by non-public schools or
special education facilities and shall establish uniform
standards and criteria which it shall follow. The Review Board
shall approve the usual and customary rate or rates of a
special education program that (i) is offered by an
out-of-state, non-public provider of integrated autism
specific educational and autism specific residential services,
(ii) offers 2 or more levels of residential care, including at
least one locked facility, and (iii) serves 12 or fewer
Illinois students.
(k) In determining rates based on allowable costs, the

Review Board shall consider any wage increases awarded by the
General Assembly to front line personnel defined as direct
support persons, aides, front-line supervisors, qualified
intellectual disabilities professionals, nurses, and
non-administrative support staff working in service settings
in community-based settings within the State and adjust
customary rates or rates of a special education program to be
equitable to the wage increase awarded to similar staff
positions in a community residential setting. Any wage
increase awarded by the General Assembly to front line
personnel defined as direct support persons, aides, front-line
supervisors, qualified intellectual disabilities
professionals, nurses, and non-administrative support staff
working in community-based settings within the State,
including the $0.75 per hour increase contained in Public Act
100-23 and the $0.50 per hour increase included in Public Act
100-23, shall also be a basis for any facility covered by this
Section to appeal its rate before the Review Board under the
process defined in Title 89, Part 900, Section 340 of the
Illinois Administrative Code. Illinois Administrative Code
Title 89, Part 900, Section 342 shall be updated to recognize
wage increases awarded to community-based settings to be a
basis for appeal. However, any wage increase that is captured
upon appeal from a previous year shall not be counted by the
Review Board as revenue for the purpose of calculating a
facility's future rate.

(l) Any definition used by the Review Board in
administrative rule or policy to define "related
organizations" shall include any and all exceptions contained
in federal law or regulation as it pertains to the federal
definition of "related organizations".
(m) The Review Board shall establish uniform definitions
and criteria for accounting separately by special education,
room and board and other related services costs. The Board
shall also establish guidelines for the coordination of
services and financial assistance provided by all State
agencies to assure that no otherwise qualified child with a
disability receiving services under Article 14 shall be
excluded from participation in, be denied the benefits of or
be subjected to discrimination under any program or activity
provided by any State agency.
(n) The Review Board shall review the costs for special
education and related services provided by non-public schools
or special education facilities and shall approve or
disapprove such facilities in accordance with the rules and
regulations established by it with respect to allowable costs.
(o) The State Board of Education shall provide
administrative and staff support for the Review Board as
deemed reasonable by the State Superintendent of Education.
This support shall not include travel expenses or other
compensation for any Review Board member other than the State
Superintendent of Education.

(p) The Review Board shall seek the advice of the Advisory
Council on Education of Children with Disabilities on the
rules and regulations to be promulgated by it relative to
providing special education services.
(q) If a child has been placed in a program in which the
actual per pupil costs of tuition for special education and
related services based on program enrollment, excluding room,
board and transportation costs, exceed $4,500 and such costs
have been approved by the Review Board, the district shall pay
such total costs which exceed $4,500. A district making such
tuition payments in excess of $4,500 pursuant to this Section
shall be responsible for an amount in excess of $4,500 equal to
the district per capita tuition charge and shall be eligible
for reimbursement from the State for the amount of such
payments actually made in excess of the districts per capita
tuition charge for students not receiving special education
services.
(r) If a child has been placed in an approved individual
program and the tuition costs including room and board costs
have been approved by the Review Board, then such room and
board costs shall be paid by the appropriate State agency
subject to the provisions of Section 14-8.01 of this Act. Room
and board costs not provided by a State agency other than the
State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall
the State's liability for funding of these tuition costs begin

until after the legal obligations of third party payors have
been subtracted from such costs. If the money appropriated by
the General Assembly for such purpose for any year is
insufficient, it shall be apportioned on the basis of the
claims approved. Each district shall submit estimated claims
to the State Superintendent of Education. Upon approval of
such claims, the State Superintendent of Education shall
direct the State Comptroller to make payments on a monthly
basis. The frequency for submitting estimated claims and the
method of determining payment shall be prescribed in rules and
regulations adopted by the State Board of Education. Such
current state reimbursement shall be reduced by an amount
equal to the proceeds which the child or child's parents are
eligible to receive under any public or private insurance or
assistance program. Nothing in this Section shall be construed
as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services
provided to a child with a disability.
(s) If it otherwise qualifies, a school district is
eligible for the transportation reimbursement under Section
14-13.01 and for the reimbursement of tuition payments under
this Section whether the non-public school or special
education facility, public out-of-state school or county
special education facility, attended by a child who resides in
that district and requires special educational services, is
within or outside of the State of Illinois. However, a

district is not eligible to claim transportation reimbursement
under this Section unless the district certifies to the State
Superintendent of Education that the district is unable to
provide special educational services required by the child for
the current school year.
(t) Nothing in this Section authorizes the reimbursement
of a school district for the amount paid for tuition of a child
attending a non-public school or special education facility,
public out-of-state school or county special education
facility unless the school district certifies to the State
Superintendent of Education that the special education program
of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of
Education finds that the school district is in substantial
compliance with Section 14-4.01. However, if a child is
unilaterally placed by a State agency or any court in a
non-public school or special education facility, public
out-of-state school, or county special education facility, a
school district shall not be required to certify to the State
Superintendent of Education, for the purpose of tuition
reimbursement, that the special education program of that
district is unable to meet the needs of a child because of his
or her disability.
(u) Any educational or related services provided, pursuant
to this Section in a non-public school or special education
facility or a special education facility owned and operated by

a county government unit shall be at no cost to the parent or
guardian of the child. However, current law and practices
relative to contributions by parents or guardians for costs
other than educational or related services are not affected by
this amendatory Act of 1978.
(v) Reimbursement for children attending public school
residential facilities shall be made in accordance with the
provisions of this Section.
(w) Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a particular
fiscal year or from general State aid pursuant to Section
18-8.05 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of
education. The resolution must identify the amount of any
payments or general State aid to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.

This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of
Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or
timing of money the district is entitled to receive under this
Code. No classification under this paragraph by a district
shall in any way relieve the district from or affect any
requirements that otherwise would apply with respect to that
funding program, including any accounting of funds by source,
reporting expenditures by original source and purpose,
reporting requirements, or requirements of providing services.
(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;
102-703, eff. 4-22-22.)
(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;
(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.
(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.
"Adjusted Operating Tax Rate" means a tax rate for all
Organizational Units, for which the State Superintendent
shall calculate and subtract for the Operating Tax Rate a
transportation rate based on total expenses for
transportation services under this Code, as reported on
the most recent Annual Financial Report in Pupil
Transportation Services, function 2550 in both the
Education and Transportation funds and functions 4110 and
4120 in the Transportation fund, less any corresponding

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

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

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

counted as 0.5, unless in 2017 by June 15 or by March 1 in
subsequent years, the school district reports to the State
Board of Education the intent to implement full-day
kindergarten district-wide for all students, then all
students attending kindergarten shall be counted as 1.0.
Special education pre-kindergarten students shall be
counted as 0.5 each. If the State Board does not collect or
has not collected both an October 1 and March 1 enrollment
count by grade or a December 1 collection of special
education pre-kindergarten students as of August 31, 2017
(the effective date of Public Act 100-465), 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 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. In recognition of the impact of COVID-19, the
definition of "Average Student Enrollment" or "ASE" shall
be adjusted for calculations under this Section for fiscal
years 2022 through 2024. For fiscal years 2022 through
2024, the enrollment used in the calculation of ASE
representing the 2020-2021 school year shall be the
greater of the enrollment for the 2020-2021 school year or
the 2019-2020 school year.
"Base Funding Guarantee" is defined in paragraph (10)
of subsection (g) of this Section.
"Base Funding Minimum" is defined in subsection (e) of
this Section.
"Base Tax Year" means the property tax levy year used
to calculate the Budget Year allocation of primary State

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

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

English, writing, and language arts; history and social
studies; world languages; and subjects taught as Advanced
Placement in high schools.
"Core teacher" means a regular classroom teacher in
elementary schools and teachers of a core subject in
middle and high schools.
"Core Intervention teacher (tutor)" means a licensed
teacher providing one-on-one or small group tutoring to
students struggling to meet proficiency in core subjects.
"CPPRT" means corporate personal property replacement
tax funds paid to an Organizational Unit during the
calendar year one year before the calendar year in which a
school year begins, pursuant to "An Act in relation to the
abolition of ad valorem personal property tax and the
replacement of revenues lost thereby, and amending and
repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended (Public
Act 81-1st S.S.-1).
"EAV" means equalized assessed valuation as defined in
paragraph (2) of subsection (d) of this Section and
calculated in accordance with paragraph (3) of subsection
(d) of this Section.
"ECI" means the Bureau of Labor Statistics' national
employment cost index for civilian workers in educational
services in elementary and secondary schools on a
cumulative basis for the 12-month calendar year preceding

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

provide for other per student costs related to the
delivery and leadership of the Organizational Unit, as
well as the maintenance and operations of the unit, and
which are specified in paragraph (2) of subsection (b) of
this Section.
"Evidence-Based Funding" means State funding provided
to an Organizational Unit pursuant to this Section.
"Extended day" means academic and enrichment programs
provided to students outside the regular school day before
and after school or during non-instructional times during
the school day.
"Extension Limitation Ratio" means a numerical ratio
in which the numerator is the Base Tax Year's Extension
and the denominator is the Preceding Tax Year's Extension.
"Final Percent of Adequacy" is defined in paragraph
(4) of subsection (f) of this Section.
"Final Resources" is defined in paragraph (3) of
subsection (f) of this Section.
"Full-time equivalent" or "FTE" means the full-time
equivalency compensation for staffing the relevant
position at an Organizational Unit.
"Funding Gap" is defined in paragraph (1) of
subsection (g).
"Hybrid District" means a partial elementary unit
district created pursuant to Article 11E of this Code.
"Instructional assistant" means a core or special

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

primary responsibility is overseeing library resources
within an Organizational Unit.
"Limiting rate for Hybrid Districts" means the
combined elementary school and high school limiting 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
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 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.
"Nurse" means an individual licensed as a certified
school nurse, in accordance with the rules established for
nursing services by the State Board, who is an employee of
and is available to provide health care-related services
for students of an Organizational Unit.
"Operating Tax Rate" means the rate utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
For Hybrid Districts, the Operating Tax Rate shall be the
combined elementary and high school rates utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
"Organizational Unit" means a Laboratory School or any
public school district that is recognized as such by the
State Board and that contains elementary schools typically
serving kindergarten through 5th grades, middle schools
typically serving 6th through 8th grades, high schools
typically serving 9th through 12th grades, a program
established under Section 2-3.66 or 2-3.41, or a program
operated by a regional office of education or an
intermediate service center under Article 13A or 13B. The
General Assembly acknowledges that the actual grade levels
served by a particular Organizational Unit may vary

slightly from what is typical.
"Organizational Unit CWI" is determined by calculating
the CWI in the region and original county in which an
Organizational Unit's primary administrative office is
located as set forth in this paragraph, provided that if
the Organizational Unit CWI as calculated in accordance
with this paragraph is less than 0.9, the Organizational
Unit CWI shall be increased to 0.9. Each county's current
CWI value shall be adjusted based on the CWI value of that
county's neighboring Illinois counties, to create a
"weighted adjusted index value". This shall be calculated
by summing the CWI values of all of a county's adjacent
Illinois counties and dividing by the number of adjacent
Illinois counties, then taking the weighted value of the
original county's CWI value and the adjacent Illinois
county average. To calculate this weighted value, if the
number of adjacent Illinois counties is greater than 2,
the original county's CWI value will be weighted at 0.25
and the adjacent Illinois county average will be weighted
at 0.75. If the number of adjacent Illinois counties is 2,
the original county's CWI value will be weighted at 0.33
and the adjacent Illinois county average will be weighted
at 0.66. The greater of the county's current CWI value and
its weighted adjusted index value shall be used as the
Organizational Unit CWI.
"Preceding Tax Year" means the property tax levy year

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

"PTELL" means the Property Tax Extension Limitation
Law.
"PTELL EAV" is defined in paragraph (4) of subsection
(d) of this Section.
"Pupil support staff" means a nurse, psychologist,
social worker, family liaison personnel, or other staff
member who provides support to at-risk or struggling
students.
"Real Receipts" is defined in paragraph (1) of
subsection (d) of this Section.
"Regionalization Factor" means, for a particular
Organizational Unit, the figure derived by dividing the
Organizational Unit CWI by the Statewide Weighted CWI.
"School counselor" means a licensed school counselor
who provides guidance and counseling support for students
within an Organizational Unit.
"School site staff" means the primary school secretary
and any additional clerical personnel assigned to a
school.
"Special education" means special educational
facilities and services, as defined in Section 14-1.08 of
this Code.
"Special Education Allocation" means the amount of an
Organizational Unit's final Adequacy Target attributable
to special education divided by the Organizational Unit's
final Adequacy Target, the product of which shall be

multiplied by the amount of new funding received pursuant
to this Section. An Organizational Unit's final Adequacy
Target attributable to special education shall include all
special education investment adequacy elements.
"Specialist teacher" means a teacher who provides
instruction in subject areas not included in core
subjects, including, but not limited to, art, music,
physical education, health, driver education,
career-technical education, and such other subject areas
as may be mandated by State law or provided by an
Organizational Unit.
"Specially Funded Unit" means an Alternative School,
safe school, Department of Juvenile Justice school,
special education cooperative or entity recognized by the
State Board as a special education cooperative,
State-approved charter school, or alternative learning
opportunities program that received direct funding from
the State Board during the 2016-2017 school year through
any of the funding sources included within the calculation
of the Base Funding Minimum or Glenwood Academy.
"Supplemental Grant Funding" means supplemental
general State aid funding received by an Organizational
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
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.
(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
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
20 Low-Income Count students in those grades and
one FTE core teacher position for every 25
non-Low-Income Count students in those grades.
The number of non-Low-Income Count students in a
grade shall be determined by subtracting the
Low-Income students in that grade from the ASE of the
Organizational Unit for that grade.
(B) Specialist teacher investments. Each
Organizational Unit shall receive the funding needed
to cover that number of FTE specialist teacher
positions that correspond to the following
percentages:

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

facilitators, and summer school and extended day
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 school counselor investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE school counselor for each 450
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 5
students, plus one FTE school counselor for each 250
grades 6 through 8 ASE middle school students, plus
one FTE school counselor for each 250 grades 9 through
12 ASE high school students.
(G) Nurse investments. Each Organizational Unit
shall receive the funding needed to cover one FTE
nurse for each 750 combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students across all grade levels it
serves.
(H) Supervisory aide investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE for each 225 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE

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

kindergarten through grade 5 students, plus one FTE
position for each 225 ASE middle school students, plus
one FTE position for each 200 ASE high school
students.
(M) Gifted investments. Each Organizational Unit
shall receive $40 per kindergarten through grade 12
ASE.
(N) Professional development investments. Each
Organizational Unit shall receive $125 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for trainers and other professional
development-related expenses for supplies and
materials.
(O) Instructional material investments. Each
Organizational Unit shall receive $190 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover instructional material costs.
(P) Assessment investments. Each Organizational
Unit shall receive $25 per student of the combined ASE
of pre-kindergarten children with disabilities and all
kindergarten through grade 12 students 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
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
Organizational Unit shall receive $742 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover central office operations, including
administrators and classified personnel charged with
managing the instructional programs, business and
operations of the school district, and security
personnel. The proportion of salary for the
application of a Regionalization Factor and the
calculation of benefits is equal to $368.48.
(U) Employee benefit investments. Each
Organizational Unit shall receive 30% of the total of
all salary-calculated elements of the Adequacy Target,
excluding substitute teachers and student activities

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

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

for every 120 English learner students; and
(v) one FTE core teacher position for every
100 English learner students.
(X) Special education investments. Each
Organizational Unit shall receive funding based on the
average teacher salary for grades K through 12 to
cover special education as follows:
(i) one FTE teacher position for every 141
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students;
(ii) one FTE instructional assistant for every
141 combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students; and
(iii) one FTE psychologist position for every
1,000 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through
grade 12 students.
(3) For calculating the salaries included within the
Essential Elements, the State Superintendent shall
annually calculate average salaries to the nearest dollar
using the employment information system data maintained by
the State Board, limited to public schools only and
excluding special education and vocational cooperatives,
schools operated by the Department of Juvenile Justice,

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

(iii) for Organizational Units serving grades
9 through 12, the Local Capacity Ratio shall be
multiplied by 4/13; and
(iv) for an Organizational Unit with a
different grade configuration than those specified
in items (i) through (iii) of this subparagraph
(B), the State Superintendent shall determine a
comparable adjustment based on the grades served.
(C) The Local Capacity Percentage is equal to the
percentile ranking of the district. Local Capacity
Percentage converts each Organizational Unit's Local
Capacity Ratio to a cumulative distribution resulting
in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The Local Capacity
Percentage cumulative distribution resulting in a
percentile ranking for each Organizational Unit shall
be calculated using the standard normal distribution
of the score in relation to the weighted mean and
weighted standard deviation and Local Capacity Ratios
of all Organizational Units. If the value assigned to
any Organizational Unit is in excess of 90%, the value
shall be adjusted to 90%. For Laboratory Schools, the
Local Capacity Percentage shall be set at 10% in
recognition of the absence of EAV and resources from
the public university that are allocated to the

Laboratory School. For programs operated by a regional
office of education or an intermediate service center,
the Local Capacity Percentage must be set at 10% in
recognition of the absence of EAV and resources from
school districts that are allocated to the regional
office of education or intermediate service center.
The weighted mean for the Local Capacity Percentage
shall be determined by multiplying each Organizational
Unit's Local Capacity Ratio times the ASE for the unit
creating a weighted value, summing the weighted values
of all Organizational Units, and dividing by the total
ASE of all Organizational Units. The weighted standard
deviation shall be determined by taking the square
root of the weighted variance of all Organizational
Units' Local Capacity Ratio, where the variance is
calculated by squaring the difference between each
unit's Local Capacity Ratio and the weighted mean,
then multiplying the variance for each unit times the
ASE for the unit to create a weighted variance for each
unit, then summing all units' weighted variance and
dividing by the total ASE of all units.
(D) For any Organizational Unit, the
Organizational Unit's Adjusted Local Capacity Target
shall be reduced by either (i) the school board's
remaining contribution pursuant to paragraph (ii) of
subsection (b-4) of Section 16-158 of the Illinois

Pension Code in a given year or (ii) the board of
education's remaining contribution pursuant to
paragraph (iv) of subsection (b) of Section 17-129 of
the Illinois Pension Code absent the employer normal
cost portion of the required contribution and amount
allowed pursuant to subdivision (3) of Section
17-142.1 of the Illinois Pension Code in a given year.
In the preceding sentence, item (i) shall be certified
to the State Board of Education by the Teachers'
Retirement System of the State of Illinois and item
(ii) shall be certified to the State Board of
Education by the Public School Teachers' Pension and
Retirement Fund of the City of Chicago.
(3) If an Organizational Unit's Real Receipts are more
than its Local Capacity Target, then its Local Capacity
shall equal an Adjusted Local Capacity Target as
calculated in accordance with this paragraph (3). The
Adjusted Local Capacity Target is calculated as the sum of
the Organizational Unit's Local Capacity Target and its
Real Receipts Adjustment. The Real Receipts Adjustment
equals the Organizational Unit's Real Receipts less its
Local Capacity Target, with the resulting figure
multiplied by the Local Capacity Percentage.
As used in this paragraph (3), "Real Percent of
Adequacy" means the sum of an Organizational Unit's Real
Receipts, CPPRT, and Base Funding Minimum, with the

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

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

Property Tax Code for owners with a household income
of $30,000 or less. It is the intent of this
subparagraph (A) that if the general homestead
exemption for a parcel of property is determined under
Section 15-176 or 15-177 of the Property Tax Code
rather than Section 15-175, then the calculation of
EAV shall not be affected by the difference, if any,
between the amount of the general homestead exemption
allowed for that parcel of property under Section
15-176 or 15-177 of the Property Tax Code and the
amount that would have been allowed had the general
homestead exemption for that parcel of property been
determined under Section 15-175 of the Property Tax
Code. It is further the intent of this subparagraph
(A) that if additional exemptions are allowed under
Section 15-175 of the Property Tax Code for owners
with a household income of less than $30,000, then the
calculation of EAV shall not be affected by the
difference, if any, because of those additional
exemptions.
(B) With respect to any part of an Organizational
Unit within a redevelopment project area in respect to
which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Division 74.4 of Article
11 of the Illinois Municipal Code, or the Industrial

Jobs Recovery Law, Division 74.6 of Article 11 of the
Illinois Municipal Code, no part of the current EAV of
real property located in any such project area that is
attributable to an increase above the total initial
EAV of such property shall be used as part of the EAV
of the Organizational Unit, until such time as all
redevelopment project costs have been paid, as
provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35
of the Industrial Jobs Recovery Law. For the purpose
of the EAV of the Organizational Unit, the total
initial EAV or the current EAV, whichever is lower,
shall be used until such time as all redevelopment
project costs have been paid.
(B-5) The real property equalized assessed
valuation for a school district shall be adjusted by
subtracting from the real property value, as equalized
or assessed by the Department of Revenue, for the
district an amount computed by dividing the amount of
any abatement of taxes under Section 18-170 of the
Property Tax Code by 3.00% for a district maintaining
grades kindergarten through 12, by 2.30% for a
district maintaining grades kindergarten through 8, or
by 1.05% for a district maintaining grades 9 through
12 and adjusted by an amount computed by dividing the
amount of any abatement of taxes under subsection (a)

of Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in
this subparagraph (B-5).
(C) For Organizational Units that are Hybrid
Districts, the State Superintendent shall use the
lesser of the adjusted equalized assessed valuation
for property within the partial elementary unit
district for elementary purposes, as defined in
Article 11E of this Code, or the adjusted equalized
assessed valuation for property within the partial
elementary unit district for high school purposes, as
defined in Article 11E of this Code.
(D) If a school district's boundaries span
multiple counties, then the Department of Revenue
shall send to the State Board, for the purposes of
calculating Evidence-Based Funding, the limiting rate
and individual rates by purpose for the county that
contains the majority of the school district's
equalized assessed valuation.
(4) An Organizational Unit's Adjusted EAV shall be the
average of its EAV over the immediately preceding 3 years
or the lesser of its EAV in the immediately preceding year
or the average of its EAV over the immediately preceding 3
years if the EAV in the immediately preceding year has
declined by 10% or more when comparing the 2 most recent
years. 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 when comparing the 2 most recent years for the second
year, and the lesser of a 3-year average EAV or its EAV in
the immediately preceding year if the Adjusted EAV
declines by 10% or more when comparing the 2 most recent
years 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 when
comparing the 2 most recent years.
"PTELL EAV" means a figure calculated by the State
Board for Organizational Units subject to PTELL as
described in this paragraph (4) for the purposes of
calculating an Organizational Unit's Local Capacity Ratio.
Except as otherwise provided in this paragraph (4), the
PTELL EAV of an Organizational Unit shall be equal to the
product of the equalized assessed valuation last used in
the calculation of general State aid under Section 18-8.05
of this Code (now repealed) or Evidence-Based Funding
under this Section and the Organizational Unit's Extension

Limitation Ratio. If an Organizational Unit has approved
or does approve an increase in its limiting rate, pursuant
to Section 18-190 of the Property Tax Code, affecting the
Base Tax Year, the PTELL EAV shall be equal to the product
of the equalized assessed valuation last used in the
calculation of general State aid under Section 18-8.05 of
this Code (now repealed) or Evidence-Based Funding under
this Section multiplied by an amount equal to one plus the
percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the
United States Department of Labor for the 12-month
calendar year preceding the Base Tax Year, plus the
equalized assessed valuation of new property, annexed
property, and recovered tax increment value and minus the
equalized assessed valuation of disconnected property.
As used in this paragraph (4), "new property" and
"recovered tax increment value" shall have the meanings
set forth in the Property Tax Extension Limitation Law.
(e) Base Funding Minimum calculation.
(1) For the 2017-2018 school year, the Base Funding
Minimum of an Organizational Unit or a Specially Funded
Unit shall be the amount of State funds distributed to the
Organizational Unit or Specially Funded Unit during the
2016-2017 school year prior to any adjustments and
specified appropriation amounts described in this
paragraph (1) from the following Sections, as calculated

by the State Superintendent: Section 18-8.05 of this Code
(now repealed); Section 5 of Article 224 of Public Act
99-524 (equity grants); Section 14-7.02b of this Code
(funding for children requiring special education
services); Section 14-13.01 of this Code (special
education facilities and staffing), except for
reimbursement of the cost of transportation pursuant to
Section 14-13.01; Section 14C-12 of this Code (English
learners); and Section 18-4.3 of this Code (summer
school), based on an appropriation level of $13,121,600.
For a school district organized under Article 34 of this
Code, the Base Funding Minimum also includes (i) the funds
allocated to the school district pursuant to Section 1D-1
of this Code attributable to funding programs authorized
by the Sections of this Code listed in the preceding
sentence and (ii) the difference between (I) the funds
allocated to the school district pursuant to Section 1D-1
of this Code attributable to the funding programs
authorized by Section 14-7.02 (non-public special
education reimbursement), subsection (b) of Section
14-13.01 (special education transportation), Section 29-5
(transportation), Section 2-3.80 (agricultural
education), Section 2-3.66 (truants' alternative
education), Section 2-3.62 (educational service centers),
and Section 14-7.03 (special education - orphanage) of
this Code and Section 15 of the Childhood Hunger Relief

Act (free breakfast program) and (II) the school
district's actual expenditures for its non-public special
education, special education transportation,
transportation programs, agricultural education, truants'
alternative education, services that would otherwise be
performed by a regional office of education, special
education orphanage expenditures, and free breakfast, as
most recently calculated and reported pursuant to
subsection (f) of Section 1D-1 of this Code. The Base
Funding Minimum for Glenwood Academy shall be $625,500.
For programs operated by a regional office of education or
an intermediate service center, the Base Funding Minimum
must be the total amount of State funds allocated to those
programs in the 2018-2019 school year and amounts provided
pursuant to Article 34 of Public Act 100-586 and Section
3-16 of this Code. All programs established after June 5,
2019 (the effective date of Public Act 101-10) 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.
For the 2022-2023 school year, the Base Funding
Minimum of Organizational Units shall be the amounts
recalculated by the State Board of Education for Fiscal
Year 2019 through Fiscal Year 2022 that were necessary due
to average student enrollment errors for districts
organized under Article 34 of this Code, plus the Fiscal
Year 2022 property tax relief grants provided under
Section 2-3.170 of this Code, ensuring each Organizational
Unit has the correct amount of resources for Fiscal Year
2023 Evidence-Based Funding calculations and that Fiscal
Year 2023 Evidence-Based Funding Distributions are made in
accordance with this Section.
(3) Subject to approval by the General Assembly as
provided in this paragraph (3), an Organizational Unit
that meets all of the following criteria, as determined by
the State Board, shall have District Intervention Money
added to its Base Funding Minimum at the time the Base

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

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

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

equal to the sum of its Local Capacity Target, CPPRT, and
Base Funding Minimum. An Organizational Unit's Preliminary
Percent of Adequacy is the lesser of (i) its Preliminary
Resources divided by its Adequacy Target or (ii) 100%.
(3) Except for Specially Funded Units, an
Organizational Unit's Final Resources are equal 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 follows: Tier 1 Aggregate Funding equals 50% of
all New State Funds, Tier 2 Aggregate Funding equals 49%
of all New State Funds, Tier 3 Aggregate Funding equals
0.9% of all New State Funds, and Tier 4 Aggregate Funding
equals 0.1% of all New State Funds. Each Organizational
Unit within Tier 1 or Tier 2 receives an allocation of New
State Funds equal to its tier Funding Gap, as defined in
the following sentence, multiplied by the tier's
Allocation Rate determined pursuant to paragraph (4) of
this subsection (g). For Tier 1, an Organizational Unit's
Funding Gap equals the tier's Target Ratio, as specified
in paragraph (5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources. For Tier 2, an Organizational Unit's Funding
Gap equals the tier's Target Ratio, as described in
paragraph (5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources and its Tier 1 funding allocation. To determine
the Organizational Unit's Funding Gap, the resulting

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

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

by the sum of the Adequacy Targets of all Tier 3
Organizational Units.
(D) The Tier 4 Allocation Rate is the result of the
following equation: Tier 4 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 4
Organizational Units.
(5) A tier's Target Ratio is determined as follows:
(A) The Tier 1 Target Ratio is the ratio level that
allows for Tier 1 Aggregate Funding to be distributed
with the Tier 1 Allocation Rate.
(B) The Tier 2 Target Ratio is 0.90.
(C) The Tier 3 Target Ratio is 1.0.
(6) If, at any point, the Tier 1 Target Ratio is
greater than 90%, then 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
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
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
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 under this
Section. No Evidence-Based Funding shall be distributed
within an Organizational Unit without the approval of the
unit's school board.
(3) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the unit's
aggregate financial adequacy amount, which shall be the
sum of the Adequacy Target for each Organizational Unit.
The State Superintendent shall calculate and report
separately for each Organizational Unit the unit's total
State funds allocated for its students with disabilities.
The State Superintendent shall calculate and report
separately for each Organizational Unit the amount of
funding and applicable FTE calculated for each Essential
Element of the unit's Adequacy Target.
(4) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the amount the unit

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

of the school district. "Recognized school" means any
public school that meets the standards for recognition by
the State Board. A school district or attendance center
not having recognition status at the end of a school term
is entitled to receive State aid payments due upon a legal
claim that was filed while it was recognized.
(7) School district claims filed under this Section
are subject to Sections 18-9 and 18-12 of this Code,
except as otherwise provided in this Section.
(8) Each fiscal year, the State Superintendent shall
calculate for each Organizational Unit an amount of its
Base Funding Minimum and Evidence-Based Funding that shall
be deemed attributable to the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, in a manner that ensures compliance
with maintenance of State financial support requirements
under the federal Individuals with Disabilities Education
Act. An Organizational Unit must use such funds only for
the provision of special educational facilities and
services, as defined in Section 14-1.08 of this Code, and
must comply with any expenditure verification procedures
adopted by the State Board.
(9) All Organizational Units in this State must submit
annual spending plans, as part of the budget submission
process, no later than October 31 of each year to the State
Board. The spending plan 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
Article 14C of this Code shall continue to submit
information as required under Section 14C-12 of this Code.
(10) No later than January 1, 2018, the State
Superintendent shall develop a 5-year strategic plan for
all Organizational Units to help in planning for adequacy
funding under this Section. The State Superintendent shall
submit the plan to the Governor and the General Assembly,
as provided in Section 3.1 of the General Assembly
Organization Act. The plan shall include recommendations

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

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

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

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

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

(4) (Blank).
(5) Within 5 years after the implementation of this
Section, and every 5 years thereafter, the Panel shall
complete an evaluative study of the entire Evidence-Based
Funding model, including an assessment of whether or not
the formula is achieving State goals. The Panel shall
report to the State Board, the General Assembly, and the
Governor on the findings of the study.
(6) (Blank).
(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
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.
(G) The appropriate levels for reenrolling and
graduating high-risk high school students who have
been previously out of school. These outcomes shall
include enrollment, attendance, skill gains, credit
gains, graduation or promotion to the next grade
level, and the transition to college, training, or
employment, with an emphasis on progressively

increasing the overall attendance.
(H) The evidence-based or research-based practices
that are shown to reduce the gaps and disparities
experienced by African American students in academic
achievement and educational performance, including
practices that have been shown to reduce disparities
in disciplinary rates, drop-out rates, graduation
rates, college matriculation rates, and college
completion rates.
On or before December 31, 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 July 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. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21;
102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff.
5-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma

medication and epinephrine injectors; administration of
undesignated epinephrine injectors; administration of an
opioid antagonist; administration of undesignated asthma
medication; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
"Epinephrine injector" includes an auto-injector approved
by the United States Food and Drug Administration for the
administration of epinephrine and a pre-filled syringe
approved by the United States Food and Drug Administration and
used for the administration of epinephrine that contains a
pre-measured dose of epinephrine that is equivalent to the
dosages used in an auto-injector.
"Asthma medication" means quick-relief asthma medication,
including albuterol or other short-acting bronchodilators,
that is approved by the United States Food and Drug

Administration for the treatment of respiratory distress.
"Asthma medication" includes medication delivered through a
device, including a metered dose inhaler with a reusable or
disposable spacer or a nebulizer with a mouthpiece or mask.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"Respiratory distress" means the perceived or actual
presence of wheezing, coughing, shortness of breath, chest
tightness, breathing difficulty, or any other symptoms
consistent with asthma. Respiratory distress may be
categorized as "mild-to-moderate" or "severe".
"School nurse" means a registered nurse working in a
school with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.

"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis, an opioid overdose, or respiratory distress.
"Undesignated asthma medication" means asthma medication
prescribed in the name of a school district, public school,
charter school, or nonpublic school.
"Undesignated epinephrine injector" means an epinephrine
injector prescribed in the name of a school district, public
school, charter school, or nonpublic school.
(b) A school, whether public, charter, or nonpublic, must
permit the self-administration and self-carry of asthma
medication by a pupil with asthma or the self-administration
and self-carry of an epinephrine injector by a pupil, provided
that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine injector or (B) the
self-carry of an epinephrine injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to

the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
injector, a written statement from the pupil's physician,
physician assistant, or advanced practice registered nurse
containing the following information:
(A) the name and purpose of the epinephrine
injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine injector is
to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, charter school, or
nonpublic school may authorize the provision of a
student-specific or undesignated epinephrine injector to a
student or any personnel authorized under a student's
Individual Health Care Action Plan, allergy emergency action
plan Illinois Food Allergy Emergency Action Plan and Treatment
Authorization Form, or plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973 to administer an
epinephrine injector to the student, that meets the student's

prescription on file.
(b-10) The school district, public school, charter school,
or nonpublic school may authorize a school nurse or trained
personnel to do the following: (i) provide an undesignated
epinephrine injector to a student for self-administration only
or any personnel authorized under a student's Individual
Health Care Action Plan, allergy emergency action plan
Illinois Food Allergy Emergency Action Plan and Treatment
Authorization Form, plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973, or individualized
education program plan to administer to the student that meets
the student's prescription on file; (ii) administer an
undesignated epinephrine injector that meets the prescription
on file to any student who has an Individual Health Care Action
Plan, allergy emergency action plan Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973, or individualized education program plan that authorizes
the use of an epinephrine injector; (iii) administer an
undesignated epinephrine injector to any person that the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction; (iv) administer an opioid
antagonist to any person that the school nurse or trained
personnel in good faith believes is having an opioid overdose;
(v) provide undesignated asthma medication to a student for
self-administration only or to any personnel authorized under

a student's Individual Health Care Action Plan or asthma
action plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan to administer to the student that meets the
student's prescription on file; (vi) administer undesignated
asthma medication that meets the prescription on file to any
student who has an Individual Health Care Action Plan or
asthma action plan, plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973, or individualized
education program plan that authorizes the use of asthma
medication; and (vii) administer undesignated asthma
medication to any person that the school nurse or trained
personnel believes in good faith is having respiratory
distress.
(c) The school district, public school, charter school, or
nonpublic school must inform the parents or guardians of the
pupil, in writing, that the school district, public school,
charter school, or nonpublic school and its employees and
agents, including a physician, physician assistant, or
advanced practice registered nurse providing standing protocol
and a prescription for school epinephrine injectors, an opioid
antagonist, or undesignated asthma medication, are to incur no
liability or professional discipline, except for willful and
wanton conduct, as a result of any injury arising from the
administration of asthma medication, an epinephrine injector,
or an opioid antagonist regardless of whether authorization

was given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice
registered nurse. The parents or guardians of the pupil must
sign a statement acknowledging that the school district,
public school, charter school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse and that the parents or guardians
must indemnify and hold harmless the school district, public
school, charter school, or nonpublic school and its employees
and agents against any claims, except a claim based on willful
and wanton conduct, arising out of the administration of
asthma medication, an epinephrine injector, or an opioid
antagonist regardless of whether authorization was given by
the pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction, administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,

or administers undesignated asthma medication to a person whom
the school nurse or trained personnel in good faith believes
is having respiratory distress, notwithstanding the lack of
notice to the parents or guardians of the pupil or the absence
of the parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, charter school, or nonpublic school
and its employees and agents, and a physician, a physician
assistant, or an advanced practice registered nurse providing
standing protocol and a prescription for undesignated
epinephrine injectors, an opioid antagonist, or undesignated
asthma medication, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine injector, the use of an opioid antagonist, or the
use of undesignated asthma medication, regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine injector is effective for the school year
for which it is granted and shall be renewed each subsequent
school year upon fulfillment of the requirements of this
Section.
(e) Provided that the requirements of this Section are

fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine injector (i)
while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine injector to any person whom the
school nurse or trained personnel in good faith believes to be
having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after
normal school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine injectors on his
or her person while in school or at a school-sponsored
activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an
opioid overdose (i) while in school, (ii) while at a

school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school
care on school-operated property. A school nurse or trained
personnel may carry an opioid antagonist on his or her person
while in school or at a school-sponsored activity.
(e-15) If the requirements of this Section are met, a
school nurse or trained personnel may administer undesignated
asthma medication to any person whom the school nurse or
trained personnel in good faith believes to be experiencing
respiratory distress (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, including before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry undesignated asthma medication on his or her person
while in school or at a school-sponsored activity.
(f) The school district, public school, charter school, or
nonpublic school may maintain a supply of undesignated
epinephrine injectors in any secure location that is
accessible before, during, and after school where an allergic
person is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has prescriptive authority in accordance with Section 7.5
of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has prescriptive

authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine injectors
in the name of the school district, public school, charter
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine injectors shall be
maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or
nonpublic school may maintain a supply of an opioid antagonist
in any secure location where an individual may have an opioid
overdose. A health care professional who has been delegated
prescriptive authority for opioid antagonists in accordance
with Section 5-23 of the Substance Use Disorder Act may
prescribe opioid antagonists in the name of the school
district, public school, charter school, or nonpublic school,
to be maintained for use when necessary. Any supply of opioid
antagonists shall be maintained in accordance with the
manufacturer's instructions.
The school district, public school, charter school, or
nonpublic school may maintain a supply of asthma medication in
any secure location that is accessible before, during, or
after school where a person is most at risk, including, but not
limited to, a classroom or the nurse's office. A physician, a
physician assistant who has prescriptive authority under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or an advanced practice registered nurse who has prescriptive
authority under Section 65-40 of the Nurse Practice Act may

prescribe undesignated asthma medication in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
undesignated asthma medication must be maintained in
accordance with the manufacturer's instructions.
(f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine injectors and providing training to
personnel for carrying and administering undesignated
epinephrine injectors shall pay for the costs of the
undesignated epinephrine injectors.
(f-5) Upon any administration of an epinephrine injector,
a school district, public school, charter school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, charter school, or nonpublic school
must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine injector, a school district, public
school, charter school, or nonpublic school must notify the
physician, physician assistant, or advanced practice
registered nurse who provided the standing protocol and a
prescription for the undesignated epinephrine injector of its
use.
Within 24 hours after the administration of an opioid

antagonist, a school district, public school, charter school,
or nonpublic school must notify the health care professional
who provided the prescription for the opioid antagonist of its
use.
Within 24 hours after the administration of undesignated
asthma medication, a school district, public school, charter
school, or nonpublic school must notify the student's parent
or guardian or emergency contact, if known, and the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol and a prescription for the
undesignated asthma medication of its use. The district or
school must follow up with the school nurse, if available, and
may, with the consent of the child's parent or guardian,
notify the child's health care provider of record, as
determined under this Section, of its use.
(g) Prior to the administration of an undesignated
epinephrine injector, trained personnel must submit to the
school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. The school district, public
school, charter school, or nonpublic school must maintain
records related to the training curriculum and trained
personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to the school's administration

proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training
must be completed annually. Trained personnel must also submit
to the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, charter
school, or nonpublic school must maintain records relating to
the training curriculum and the trained personnel.
Prior to the administration of undesignated asthma
medication, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to respiratory distress, which must meet
the requirements of subsection (h-10) of this Section.
Training must be completed annually, and the school district,
public school, charter school, or nonpublic school must
maintain records relating to the training curriculum and the
trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine injector, may be conducted online or in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine injector; and
(3) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an
epinephrine injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and
its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures, including the
importance of calling 9-1-1 or, if 9-1-1 is not available,
other local emergency medical services;
(D) how to respond to a student with a known allergy,
as well as a student with a previously unknown allergy;
(E) other criteria as determined in rules adopted
pursuant to this Section; and
(F) any policy developed by the State Board of
Education under Section 2-3.190.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all
of its branches, registered nurses, and school nurses, the
State Board of Education shall make available resource
materials consistent with criteria in this subsection (h) for
educating trained personnel to recognize and respond to
anaphylaxis. The State Board may take into consideration the
curriculum on this subject developed by other states, as well
as any other curricular materials suggested by medical experts
and other groups that work on life-threatening allergy issues.
The State Board is not required to create new resource

materials. The State Board shall make these resource materials
available on its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Substance Use Disorder Act and the corresponding rules.
It must include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 9-1-1 or, if 9-1-1 is
not available, other local emergency medical services;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(h-10) A training curriculum to recognize and respond to
respiratory distress, including the administration of

undesignated asthma medication, may be conducted online or in
person. The training must include, but is not limited to:
(1) how to recognize symptoms of respiratory distress
and how to distinguish respiratory distress from
anaphylaxis;
(2) how to respond to an emergency involving
respiratory distress;
(3) asthma medication dosage and administration;
(4) the importance of calling 9-1-1 or, if 9-1-1 is
not available, other local emergency medical services;
(5) a test demonstrating competency of the knowledge
required to recognize respiratory distress and administer
asthma medication; and
(6) other criteria as determined in rules adopted
under this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine injector by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe
allergy;
(3) trigger that precipitated allergic episode;

(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, charter school, or
nonpublic school maintains or has an independent contractor
providing transportation to students who maintains a supply of
undesignated epinephrine injectors, then the school district,
public school, charter school, or nonpublic school must report
that information to the State Board of Education upon adoption
or change of the policy of the school district, public school,
charter school, nonpublic school, or independent contractor,
in a manner as prescribed by the State Board. The report must
include the number of undesignated epinephrine injectors in
supply.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and

(4) any other information required by the State Board.
(i-10) Within 3 days after the administration of
undesignated asthma medication by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education, on a form and in a manner prescribed by the State
Board of Education, the following information:
(1) the age and type of person receiving the asthma
medication (student, staff, or visitor);
(2) any previously known diagnosis of asthma for the
person;
(3) the trigger that precipitated respiratory
distress, if identifiable;
(4) the location of where the symptoms developed;
(5) the number of doses administered;
(6) the type of person administering the asthma
medication (school nurse, trained personnel, or student);
(7) the outcome of the asthma medication
administration; and
(8) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the
State Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
undesignated epinephrine and undesignated asthma medication
administration during the preceding academic year. Beginning
with the 2017 report, the report shall also contain

information on which school districts, public schools, charter
schools, and nonpublic schools maintain or have independent
contractors providing transportation to students who maintain
a supply of undesignated epinephrine injectors. This report
shall be published on the State Board's Internet website on
the date the report is delivered to the General Assembly.
(j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if
applicable, may be attached to the pupil's federal Section 504
plan or individualized education program plan.
(j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.

(j-15) Every 2 years, school personnel who work with
pupils shall complete an in-person or online training program
on the management of asthma, the prevention of asthma
symptoms, and emergency response in the school setting. In
consultation with statewide professional organizations with
expertise in asthma management, the State Board of Education
shall make available resource materials for educating school
personnel about asthma and emergency response in the school
setting.
(j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(l) Nothing in this Section shall limit the amount of
epinephrine injectors that any type of school or student may
carry or maintain a supply of.
(Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21;
102-813, eff. 5-13-22.)
(105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)

Sec. 27-23.1. Parenting education.
(a) The State Board of Education must assist each school
district that offers an evidence-based parenting education
model. School districts may provide instruction in parenting
education for grades 6 through 12 and include such instruction
in the courses of study regularly taught therein. School
districts may give regular school credit for satisfactory
completion by the student of such courses.
As used in this subsection (a), "parenting education"
means and includes instruction in the following:
(1) Child growth and development, including prenatal
development.
(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and
infants.
(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic
and psychological aspects of interpersonal and family
relationships.
(7) Parenting skill development.
The State Board of Education shall assist those districts
offering parenting education instruction, upon request, in
developing instructional materials, training teachers, and
establishing appropriate time allotments for each of the areas
included in such instruction.

School districts may offer parenting education courses
during that period of the day which is not part of the regular
school day. Residents of the school district may enroll in
such courses. The school board may establish fees and collect
such charges as may be necessary for attendance at such
courses in an amount not to exceed the per capita cost of the
operation thereof, except that the board may waive all or part
of such charges if it determines that the individual is
indigent or that the educational needs of the individual
requires his or her attendance at such courses.
(b) Beginning with the 2019-2020 school year, from
appropriations made for the purposes of this Section, the
State Board of Education shall implement and administer a
3-year pilot program supporting the health and wellness
student-learning requirement by utilizing a unit of
instruction on parenting education in participating school
districts that maintain grades 9 through 12, to be determined
by the participating school districts. The program is
encouraged to include, but is not be limited to, instruction
on (i) family structure, function, and management, (ii) the
prevention of child abuse, (iii) the physical, mental,
emotional, social, economic, and psychological aspects of
interpersonal and family relationships, and (iv) parenting
education competency development that is aligned to the social
and emotional learning standards of the student's grade level.
Instruction under this subsection (b) may be included in the

Comprehensive Health Education Program set forth under Section
3 of the Critical Health Problems and Comprehensive Health
Education Act. The State Board of Education is authorized to
make grants to school districts that apply to participate in
the pilot program under this subsection (b). The State Board
of Education shall by rule provide for the form of the
application and criteria to be used and applied in selecting
participating urban, suburban, and rural school districts. The
provisions of this subsection (b), other than this sentence,
are inoperative at the conclusion of the pilot program.
(Source: P.A. 100-1043, eff. 8-23-18.)
(105 ILCS 5/27A-3)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical,
emotional, socioeconomic, or cultural factors, is less likely
to succeed in a conventional educational environment.
"Authorizer" means an entity authorized under this Article
to review applications, decide whether to approve or reject
applications, enter into charter contracts with applicants,
oversee charter schools, and decide whether to renew, not
renew, or revoke a charter.
"Commission" means the State Charter School Commission
established under Section 27A-7.5 of this Code.
"Local school board" means the duly elected or appointed
school board or board of education of a public school

district, including special charter districts and school
districts located in cities having a population of more than
500,000, organized under the laws of this State.
"State Board" means the State Board of Education.
(Source: P.A. 97-152, eff. 7-20-11.)
(105 ILCS 5/27A-4)
Sec. 27A-4. General provisions.
(a) The General Assembly does not intend to alter or amend
the provisions of any court-ordered desegregation plan in
effect for any school district. A charter school shall be
subject to all federal and State laws and constitutional
provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin,
religion, ancestry, marital status, or need for special
education services.
(b) The total number of charter schools operating under
this Article at any one time shall not exceed 120. Not more
than 70 charter schools shall operate at any one time in any
city having a population exceeding 500,000, with at least 5
charter schools devoted exclusively to students from
low-performing or overcrowded schools operating at any one
time in that city; and not more than 45 charter schools shall
operate at any one time in the remainder of the State, with not
more than one charter school that has been initiated by a board
of education, or by an intergovernmental agreement between or

among boards of education, operating at any one time in the
school district where the charter school is located. In
addition to these charter schools, up to but no more than 5
charter schools devoted exclusively to re-enrolled high school
dropouts and/or students 16 or 15 years old at risk of dropping
out may operate at any one time in any city having a population
exceeding 500,000. Notwithstanding any provision to the
contrary in subsection (b) of Section 27A-5 of this Code, each
such dropout charter may operate up to 15 campuses within the
city. Any of these dropout charters may have a maximum of 1,875
enrollment seats, any one of the campuses of the dropout
charter may have a maximum of 165 enrollment seats, and each
campus of the dropout charter must be operated, through a
contract or payroll, by the same legal entity as that for which
the charter is approved and certified.
For purposes of implementing this Section, the State Board
shall assign a number to each charter submission it receives
under Section 27A-6 for its review and certification, based on
the chronological order in which the submission is received by
it. The State Board shall promptly notify local school boards
when the maximum numbers of certified charter schools
authorized to operate have been reached.
(c) No charter shall be granted under this Article that
would convert any existing private, parochial, or non-public
school to a charter school.
(d) Enrollment in a charter school shall be open to any

pupil who resides within the geographic boundaries of the area
served by the local school board, provided that the board of
education in a city having a population exceeding 500,000 may
designate attendance boundaries for no more than one-third of
the charter schools permitted in the city if the board of
education determines that attendance boundaries are needed to
relieve overcrowding or to better serve low-income and at-risk
students. Students residing within an attendance boundary may
be given priority for enrollment, but must not be required to
attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local
school boards from jointly issuing a charter to a single
shared charter school, provided that all of the provisions of
this Article are met as to those local school boards.
(f) No local school board shall require any employee of
the school district to be employed in a charter school.
(g) No local school board shall require any pupil residing
within the geographic boundary of its district to enroll in a
charter school.
(h) If there are more eligible applicants for enrollment
in a charter school than there are spaces available,
successful applicants shall be selected by lottery. However,
priority shall be given to siblings of pupils enrolled in the
charter school and to pupils who were enrolled in the charter
school the previous school year, unless expelled for cause,
and priority may be given to pupils residing within the

charter school's attendance boundary, if a boundary has been
designated by the board of education in a city having a
population exceeding 500,000.
Any Beginning with student enrollment for the 2015-2016
school year, any lottery required under this subsection (h)
must be administered and videotaped by the charter school. The
authorizer or its designee must be allowed to be present or
view the lottery in real time. The charter school must
maintain a videotaped record of the lottery, including a
time/date stamp. The charter school shall transmit copies of
the videotape and all records relating to the lottery to the
authorizer on or before September 1 of each year.
Subject to the requirements for priority applicant groups
set forth in paragraph (1) of this subsection (h), any lottery
required under this subsection (h) must be administered in a
way that provides each student an equal chance at admission.
If an authorizer makes a determination that a charter school's
lottery is in violation of this subsection (h), it may
administer the lottery directly. After a lottery, each student
randomly selected for admission to the charter school must be
notified. Charter schools may not create an admissions process
subsequent to a lottery that may operate as a barrier to
registration or enrollment.
Charter schools may undertake additional intake
activities, including without limitation student essays,
school-parent compacts, or open houses, but in no event may a

charter school require participation in these activities as a
condition of enrollment. A charter school must submit an
updated waitlist to the authorizer on a quarterly basis. A
waitlist must be submitted to the authorizer at the same time
as quarterly financial statements, if quarterly financial
statements are required by the authorizer.
Dual enrollment at both a charter school and a public
school or non-public school shall not be allowed. A pupil who
is suspended or expelled from a charter school shall be deemed
to be suspended or expelled from the public schools of the
school district in which the pupil resides. Notwithstanding
anything to the contrary in this subsection (h):
(1) any charter school with a mission exclusive to
educating high school dropouts may grant priority
admission to students who are high school dropouts and/or
students 16 or 15 years old at risk of dropping out and any
charter school with a mission exclusive to educating
students from low-performing or overcrowded schools may
restrict admission to students who are from low-performing
or overcrowded schools; "priority admission" for charter
schools exclusively devoted to re-enrolled dropouts or
students at risk of dropping out means a minimum of 90% of
students enrolled shall be high school dropouts; and
(2) any charter school located in a school district
that contains all or part of a federal military base may
set aside up to 33% of its current charter enrollment to

students with parents assigned to the federal military
base, with the remaining 67% subject to the general
enrollment and lottery requirements of subsection (d) of
this Section and this subsection (h); if a student with a
parent assigned to the federal military base withdraws
from the charter school during the course of a school year
for reasons other than grade promotion, those students
with parents assigned to the federal military base shall
have preference in filling the vacancy.
(i) (Blank).
(j) Notwithstanding any other provision of law to the
contrary, a school district in a city having a population
exceeding 500,000 shall not have a duty to collectively
bargain with an exclusive representative of its employees over
decisions to grant or deny a charter school proposal under
Section 27A-8 of this Code, decisions to renew or revoke a
charter under Section 27A-9 of this Code, and the impact of
these decisions, provided that nothing in this Section shall
have the effect of negating, abrogating, replacing, reducing,
diminishing, or limiting in any way employee rights,
guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section:
"Low-performing school" means a public school in a school
district organized under Article 34 of this Code that enrolls
students in any of grades kindergarten through 8 and that is

ranked within the lowest 10% of schools in that district in
terms of the percentage of students meeting or exceeding
standards on the assessments required under Section 2-3.64a-5
of this Code.
"Overcrowded school" means a public school in a school
district organized under Article 34 of this Code that (i)
enrolls students in any of grades kindergarten through 8, (ii)
has a percentage of low-income students of 70% or more, as
identified in the most recently available School Report Card
published by the State Board of Education, and (iii) is
determined by the Chicago Board of Education to be in the most
severely overcrowded 5% of schools in the district. On or
before November 1 of each year, the Chicago Board of Education
shall file a report with the State Board of Education on which
schools in the district meet the definition of "overcrowded
school". "Students at risk of dropping out" means students 16
or 15 years old in a public school in a district organized
under Article 34 of this Code that enrolls students in any
grades 9-12 who have been absent at least 90 school attendance
days of the previous 180 school attendance days.
(l) For advertisements created after January 1, 2015 (the
effective date of Public Act 98-783), any advertisement,
including a radio, television, print, Internet, social media,
or billboard advertisement, purchased by a school district or
public school, including a charter school, with public funds
must include a disclaimer stating that the advertisement was

paid for using public funds.
This disclaimer requirement does not extend to materials
created by the charter school, including, but not limited to,
a school website, informational pamphlets or leaflets, or
clothing with affixed school logos.
(Source: P.A. 98-474, eff. 8-16-13; 98-783, eff. 1-1-15;
98-972, eff. 8-15-14; 99-78, eff. 7-20-15.)
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 102-466 and
102-702)
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. In
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. This
limitation does The changes made to this 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) (Blank). 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. A No later than January 1, 2021 (one
year after the effective date of Public Act 101-291), 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 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) 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, 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
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. The 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, 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. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
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
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;
(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) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections Subsections (d-10), (d-15), and
(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 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) 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 authorized approved by the
State Board or Commission, then the charter school is its own
local education agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
eff. 5-13-22; revised 12-13-22.)
(Text of Section after amendment by P.A. 102-702 but
before amendment by P.A. 102-466)
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. In
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. This
limitation does The changes made to this 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) (Blank). 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. A No later than January 1, 2021 (one
year after the effective date of Public Act 101-291), 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 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) 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, 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
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. The 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, 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. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
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
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;
(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) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code; and
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections Subsections (d-10), (d-15), and

(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 of this Code; and .
(32) (25) Section 22-85.10 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) 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 authorized approved by the
State Board or Commission, then the charter school is its own
local education agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
(Text of Section after amendment by P.A. 102-466)
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. In
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. This
limitation does The changes made to this 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) (Blank). 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. A No later than January 1, 2021 (one
year after the effective date of Public Act 101-291), 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 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) 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, 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
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. The 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, 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. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
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
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;
(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) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;

(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(24) Article 26A of this Code; and
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections Subsections (d-10), (d-15), and
(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 of this Code; and .
(32) (25) Section 22-85.10 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) 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 authorized approved by the
State Board or Commission, then the charter school is its own
local education agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
revised 12-13-22.)
(105 ILCS 5/27A-6)
Sec. 27A-6. Contract contents; applicability of laws and
regulations.
(a) A certified charter shall constitute a binding
contract and agreement between the charter school and a local
school board under the terms of which the local school board
authorizes the governing body of the charter school to operate
the charter school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article,
the certified charter may not waive or release the charter

school from the State goals, standards, and assessments
established pursuant to Section 2-3.64a-5 of this Code. The
Beginning with the 2003-2004 school year, the certified
charter for a charter school operating in a city having a
population exceeding 500,000 shall require the charter school
to administer any other nationally recognized standardized
tests to its students that the chartering entity administers
to other students, and the results on such tests shall be
included in the chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a
material revision to a previously certified contract or a
renewal shall be made with the approval of both the local
school board and the governing body of the charter school.
(c-5) The proposed contract shall include a provision on
how both parties will address minor violations of the
contract.
(d) The proposed contract between the governing body of a
proposed charter school and the local school board as
described in Section 27A-7 must be submitted to and certified
by the State Board before it can take effect. If the State
Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the
modifications must be consented to by both the governing body
of the charter school and the local school board, and
resubmitted to the State Board for its certification. If the
proposed contract is resubmitted in a form that is not

consistent with this Article, the State Board may refuse to
certify the charter.
The State Board shall assign a number to each submission
or resubmission in chronological order of receipt, and shall
determine whether the proposed contract is consistent with the
provisions of this Article. If the proposed contract complies,
the State Board shall so certify.
(e) No renewal of a previously certified contract is
effective unless and until the State Board certifies that the
renewal is consistent with the provisions of this Article. A
material revision to a previously certified contract may go
into effect immediately upon approval of both the local school
board and the governing body of the charter school, unless
either party requests in writing that the State Board certify
that the material revision is consistent with the provisions
of this Article. If such a request is made, the proposed
material revision is not effective unless and until the State
Board so certifies.
(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
99-78, eff. 7-20-15.)
(105 ILCS 5/27A-7)
Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be
submitted to the local school board and the State Board for
certification under Section 27A-6 of this Code in the form of a

proposed contract entered into between the local school board
and the governing body of a proposed charter school. The
charter school proposal shall include:
(1) The name of the proposed charter school, which
must include the words "Charter School".
(2) The age or grade range, areas of focus, minimum
and maximum numbers of pupils to be enrolled in the
charter school, and any other admission criteria that
would be legal if used by a school district.
(3) A description of and address for the physical
plant in which the charter school will be located;
provided that nothing in the Article shall be deemed to
justify delaying or withholding favorable action on or
approval of a charter school proposal because the building
or buildings in which the charter school is to be located
have not been acquired or rented at the time a charter
school proposal is submitted or approved or a charter
school contract is entered into or submitted for
certification or certified, so long as the proposal or
submission identifies and names at least 2 sites that are
potentially available as a charter school facility by the
time the charter school is to open.
(4) The mission statement of the charter school, which
must be consistent with the General Assembly's declared
purposes; provided that nothing in this Article shall be
construed to require that, in order to receive favorable

consideration and approval, a charter school proposal
demonstrate unequivocally that the charter school will be
able to meet each of those declared purposes, it being the
intention of the Charter Schools Law that those purposes
be recognized as goals that charter schools must aspire to
attain.
(5) The goals, objectives, and pupil performance
standards to be achieved by the charter school.
(6) In the case of a proposal to establish a charter
school by converting an existing public school or
attendance center to charter school status, evidence that
the proposed formation of the charter school has received
the approval of certified teachers, parents and guardians,
and, if applicable, a local school council as provided in
subsection (b) of Section 27A-8.
(7) A description of the charter school's educational
program, pupil performance standards, curriculum, school
year, school days, and hours of operation.
(8) A description of the charter school's plan for
evaluating pupil performance, the types of assessments
that will be used to measure pupil progress towards
achievement of the school's pupil performance standards,
the timeline for achievement of those standards, and the
procedures for taking corrective action in the event that
pupil performance at the charter school falls below those
standards.

(9) Evidence that the terms of the charter as proposed
are economically sound for both the charter school and the
school district, a proposed budget for the term of the
charter, a description of the manner in which an annual
audit of the financial and administrative operations of
the charter school, including any services provided by the
school district, are to be conducted, and a plan for the
displacement of pupils, teachers, and other employees who
will not attend or be employed in the charter school.
(10) A description of the governance and operation of
the charter school, including the nature and extent of
parental, professional educator, and community involvement
in the governance and operation of the charter school.
(11) An explanation of the relationship that will
exist between the charter school and its employees,
including evidence that the terms and conditions of
employment have been addressed with affected employees and
their recognized representative, if any. However, a
bargaining unit of charter school employees shall be
separate and distinct from any bargaining units formed
from employees of a school district in which the charter
school is located.
(12) An agreement between the parties regarding their
respective legal liability and applicable insurance
coverage.
(13) A description of how the charter school plans to

meet the transportation needs of its pupils, and a plan
for addressing the transportation needs of low-income and
at-risk pupils.
(14) The proposed effective date and term of the
charter; provided that the first day of the first academic
year shall be no earlier than August 15 and no later than
September 15 of a calendar year, and the first day of the
fiscal year shall be July 1.
(14.5) Disclosure of any known active civil or
criminal investigation by a local, state, or federal law
enforcement agency into an organization submitting the
charter school proposal or a criminal investigation by a
local, state, or federal law enforcement agency into any
member of the governing body of that organization. For the
purposes of this subdivision (14.5), a known investigation
means a request for an interview by a law enforcement
agency, a subpoena, an arrest, or an indictment. Such
disclosure is required for a period from the initial
application submission through 10 business days prior to
the authorizer's scheduled decision date.
(15) Any other information reasonably required by the
State Board of Education.
(b) A proposal to establish a charter school may be
initiated by individuals or organizations that will have
majority representation on the board of directors or other
governing body of the corporation or other discrete legal

entity that is to be established to operate the proposed
charter school, by a board of education or an
intergovernmental agreement between or among boards of
education, or by the board of directors or other governing
body of a discrete legal entity already existing or
established to operate the proposed charter school. The
individuals or organizations referred to in this subsection
may be school teachers, school administrators, local school
councils, colleges or universities or their faculty members,
public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be submitted to the local
school board for consideration and, if appropriate, for
development of a proposed contract to be submitted to the
State Board for certification under Section 27A-6.
(c) The local school board may not without the consent of
the governing body of the charter school condition its
approval of a charter school proposal on acceptance of an
agreement to operate under State laws and regulations and
local school board policies from which the charter school is
otherwise exempted under this Article.
(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14;
99-78, eff. 7-20-15; 99-334, eff. 8-10-15.)
(105 ILCS 5/27A-7.5)
Sec. 27A-7.5. State Charter School Commission; abolition

and transfer to State Board; fee.
(a) (Blank). A State Charter School Commission is
established as an independent commission with statewide
chartering jurisdiction and authority. The Commission shall be
under the State Board for administrative purposes only.
(a-5) (Blank). The State Board shall provide
administrative support to the Commission as needed.
(b) (Blank). The Commission is responsible for authorizing
high-quality charter schools throughout this State,
particularly schools designed to expand opportunities for
at-risk students, consistent with the purposes of this
Article.
(c) (Blank). The Commission shall consist of 9 members,
appointed by the State Board. The State Board shall make these
appointments from a slate of candidates proposed by the
Governor, within 60 days after the effective date of this
amendatory Act of the 97th General Assembly with respect to
the initial Commission members. In making the appointments,
the State Board shall ensure statewide geographic diversity
among Commission members. The Governor shall propose a slate
of candidates to the State Board within 60 days after the
effective date of this amendatory Act of the 97th General
Assembly and 60 days prior to the expiration of the term of a
member thereafter. If the Governor fails to timely propose a
slate of candidates according to the provisions of this
subsection (c), then the State Board may appoint the member or

members of the Commission.
(d) (Blank). Members appointed to the Commission shall
collectively possess strong experience and expertise in public
and nonprofit governance, management and finance, public
school leadership, higher education, assessments, curriculum
and instruction, and public education law. All members of the
Commission shall have demonstrated understanding of and a
commitment to public education, including without limitation
charter schooling. At least 3 members must have past
experience with urban charter schools.
(e) (Blank). To establish staggered terms of office, the
initial term of office for 3 Commission members shall be 4
years and thereafter shall be 4 years; the initial term of
office for another 3 members shall be 3 years and thereafter
shall be 4 years; and the initial term of office for the
remaining 3 members shall be 2 years and thereafter shall be 4
years. The initial appointments must be made no later than
October 1, 2011.
(f) (Blank). Whenever a vacancy on the Commission exists,
the State Board shall appoint a member for the remaining
portion of the term.
(g) (Blank). Subject to the State Officials and Employees
Ethics Act, the Commission is authorized to receive and expend
gifts, grants, and donations of any kind from any public or
private entity to carry out the purposes of this Article,
subject to the terms and conditions under which they are

given, provided that all such terms and conditions are
permissible under law. Funds received under this subsection
(g) must be deposited into the State Charter School Commission
Fund.
The State Charter School Commission Fund is created as a
special fund in the State treasury. Until July 1, 2020, all
money in the Fund shall be used, subject to appropriation, by
the State Board, acting on behalf and with the consent of the
Commission, for operational and administrative costs of the
Commission. Beginning on July 1, 2020 through August 31, 2020,
all money in the Fund shall be used, subject to appropriation,
by the State Board for operational and administrative costs.
On September 1, 2020, or as soon thereafter as practicable, in
consultation with the State Board, the State Comptroller shall
order transferred and the State Treasurer shall transfer all
money in the State Charter School Commission Fund to the State
Board of Education Special Purpose Trust Fund.
Subject to appropriation, any funds appropriated for use
by the State Board, acting on behalf and with the consent of
the Commission, may be used for the following purposes,
without limitation: personal services, contractual services,
and other operational and administrative costs. The State
Board is further authorized to make expenditures with respect
to any other amounts deposited in accordance with law into the
State Charter School Commission Fund.
(g-5) (Blank). Funds or spending authority for the

operation and administrative costs of the Commission shall be
appropriated to the State Board in a separate line item. The
State Superintendent of Education may not reduce or modify the
budget of the Commission or use funds appropriated to the
Commission without the approval of the Commission.
(h) (Blank). The Commission shall operate with dedicated
resources and staff qualified to execute the day-to-day
responsibilities of charter school authorizing in accordance
with this Article. The Commission may employ and fix the
compensation of such employees and technical assistants as it
deems necessary to carry out its powers and duties under this
Article, without regard to the requirements of any civil
service or personnel statute; and may establish and administer
standards of classification of all such persons with respect
to their compensation, duties, performance, and tenure and
enter into contracts of employment with such persons for such
periods and on such terms as the Commission deems desirable.
(i) (Blank).
(j) The Until July 1, 2020, the Commission may charge a
charter school that it authorizes a fee, not to exceed 3% of
the revenue provided to the school, to cover the cost of
undertaking the ongoing administrative responsibilities of the
eligible chartering authority with respect to the school. This
fee must be deposited into the State Charter School Commission
Fund. Beginning on July 1, 2020, the State Board of Education
may charge a charter school that it authorizes a fee not to

exceed 3% of the revenue provided to the school to be used
exclusively for covering the cost of authorizing activities.
Authorizing activities may include, but are not limited to:
(i) soliciting, reviewing, and taking action on charter school
proposals; (ii) hiring, training, and supervising staff
engaged in authorizing activities; (iii) developing and
conducting oversight, including regular monitoring, of
authorized charter schools; (iv) reporting on best practices
and performances of charter schools; (v) applying for,
managing, and distributing grants and funds appropriated for
charter schools and authorizing activities; (vi) training
members of the State Board on their authorizing roles; and
(vii) training other employees of the State Board on how to
work with charter schools as their own local education
agencies.
(k) On July 1, 2020, the State Charter School Commission
or "Commission" (established by Public Act 97-152 as an
independent State agency with statewide chartering
jurisdiction and authority) is abolished and the terms of all
members end. On that date, all of the powers, duties, assets,
liabilities, contracts, property, records, and pending
business of the Commission are transferred to the State Board.
For purposes of the Successor Agency Act and Section 9b of the
State Finance Act, the State Board is declared to be the
successor agency of the Commission. Beginning on July 1, 2020,
references in statutes, rules, forms, and other documents to

the Commission shall, in appropriate contexts, be deemed to
refer to the State Board. Standards and procedures of the
Commission in effect on July 1, 2020 shall be deemed standards
and procedures of the State Board and shall remain in effect
until amended or repealed by the State Board.
Beginning on the effective date of this amendatory Act of
the 101st General Assembly, the Commission may not enter into
or renew a contract, other than a charter renewal, that
expires after July 1, 2020.
On July 1, 2020, any charter school authorized by the
State Charter School Commission prior to July 1, 2020 shall
have its authorization transferred to the State Board, which
shall then become the school's authorizer for all purposes
under this Article. On July 1, 2020, all of the powers, duties,
assets, liabilities, contracts, property, records, and pending
business of the State Charter School Commission as the
school's authorizer must be transferred to the State Board. At
the end of its charter term, a charter school may reapply to
the board or boards for authorization.
On July 1, 2020, all rules of the State Board applicable to
matters falling within the responsibility of the State Charter
School Commission shall be applicable to the actions of the
State Board.
(l) In any appeal filed with the State Board Commission
under this Article, both the applicant and the authorizing
school district of in which the charter school plans to locate

shall have the right to request a hearing before the State
Board Commission. If more than one entity requests a hearing,
then the State Board Commission may hold only one hearing,
wherein the applicant and the school district shall have an
equal opportunity to present their respective positions.
(Source: P.A. 101-543, eff. 8-23-19.)
(105 ILCS 5/27A-7.10)
Sec. 27A-7.10. Authorizer powers and duties; immunity;
principles and standards.
(a) Authorizers are responsible for executing, in
accordance with this Article, all of the following powers and
duties:
(1) Soliciting and evaluating charter applications.
(2) Approving quality charter applications that meet
identified educational needs and promote a diversity of
educational choices.
(3) Declining to approve weak or inadequate charter
applications.
(4) Negotiating and executing sound charter contracts
with each approved charter school.
(5) Monitoring, in accordance with charter contract
terms, the performance and legal compliance of charter
schools.
(6) Determining whether each charter contract merits
renewal, nonrenewal, or revocation.

(b) An authorizing entity may delegate its duties to
officers, employees, and contractors.
(c) Regulation by authorizers is limited to the powers and
duties set forth in subsection (a) of this Section and must be
consistent with the spirit and intent of this Article.
(d) An authorizing entity, members of the local school
board, the State Board, and the Commission, in its their
official capacity, and employees of an authorizer are immune
from civil and criminal liability with respect to all
activities related to a charter school that they authorize,
except for willful or wanton misconduct.
(e) The State Board, the Commission, and all local school
boards that have a charter school operating are required to
develop and maintain chartering policies and practices
consistent with recognized principles and standards for
quality charter authorizing in all major areas of authorizing
responsibility, including all of the following:
(1) Organizational capacity and infrastructure.
(2) Soliciting and evaluating charter applications if
applicable.
(3) Performance contracting.
(4) Ongoing charter school oversight and evaluation.
(5) Charter renewal decision-making.
Authorizers shall carry out all their duties under this
Article in a manner consistent with nationally recognized
principles and standards and with the spirit and intent of

this Article.
(Source: P.A. 101-543, eff. 8-23-19.)
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) An initial For charters granted before January 1, 2017
(the effective date of Public Act 99-840), a charter may be
granted for a period not less than 5 and not more than 10
school years. For charters granted on or after January 1, 2017
(the effective date of Public Act 99-840), a charter shall be
granted for a period of 5 school years. A For charters renewed
before January 1, 2017 (the effective date of Public Act
99-840), a charter may be renewed in incremental periods not
to exceed 5 school years. For charters renewed on or after
January 1, 2017 (the effective date of Public Act 99-840), a
charter may be renewed in incremental periods not to exceed 10
school years; however, the State Board or Commission may renew
a charter only in incremental periods not to exceed 5 years.
Authorizers shall ensure that every charter granted on or
after January 1, 2017 (the effective date of Public Act
99-840) includes standards and goals for academic,
organizational, and financial performance. A charter must meet
all standards and goals for academic, organizational, and
financial performance set forth by the authorizer in order to
be renewed for a term in excess of 5 years but not more than 10
years. If an authorizer fails to establish standards and

goals, a charter shall not be renewed for a term in excess of 5
years. Nothing contained in this Section shall require an
authorizer to grant a full 10-year renewal term to any
particular charter school, but an authorizer may award a full
10-year renewal term to charter schools that have a
demonstrated track record of improving student performance.
(b) A charter school renewal proposal submitted to the
local school board or the State Board or Commission, as the
chartering entity, shall contain:
(1) a report on the progress of the charter school in
achieving the goals, objectives, pupil performance
standards, content standards, and other terms of the
initial approved charter proposal; and
(2) a financial statement that discloses the costs of
administration, instruction, and other spending categories
for the charter school that is understandable to the
general public and that will allow comparison of those
costs to other schools or other comparable organizations,
in a format required by the State Board.
(c) A charter may be revoked or not renewed if the local
school board or the State Board or Commission, as the
chartering entity, clearly demonstrates that the charter
school did any of the following, or otherwise failed to comply
with the requirements of this law:
(1) Committed a material violation of any of the
conditions, standards, or procedures set forth in the

charter.
(2) Failed to meet or make reasonable progress toward
achievement of the content standards or pupil performance
standards identified in the charter.
(3) Failed to meet generally accepted standards of
fiscal management.
(4) Violated any provision of law from which the
charter school was not exempted.
In the case of revocation, the local school board or the
State Board or Commission, as the chartering entity, shall
notify the charter school in writing of the reason why the
charter is subject to revocation. The charter school shall
submit a written plan to the local school board or , the State
Board, or the Commission, whichever is applicable, to rectify
the problem. The plan shall include a timeline for
implementation, which shall not exceed 2 years or the date of
the charter's expiration, whichever is earlier. If the local
school board or the State Board or Commission, as the
chartering entity, finds that the charter school has failed to
implement the plan of remediation and adhere to the timeline,
then the chartering entity shall revoke the charter. Except in
situations of an emergency where the health, safety, or
education of the charter school's students is at risk, the
revocation shall take place at the end of a school year.
Nothing in this Section Public Act 96-105 shall be construed
to prohibit an implementation timetable that is less than 2

years in duration. No local school board may arbitrarily or
capriciously revoke or not renew a charter. Except for
extenuating circumstances outlined in this Section, if a local
school board revokes or does not renew a charter, it must
ensure that all students currently enrolled in the charter
school are placed in schools that are higher performing than
that charter school, as defined in the State's federal Every
Student Succeeds Act accountability plan. In determining
whether extenuating circumstances exist, a local school board
must detail, by clear and convincing evidence, that factors
unrelated to the charter school's accountability designation
outweigh the charter school's academic performance.
(d) (Blank).
(e) Notice of a local school board's decision to deny,
revoke, or not renew a charter shall be provided to the
Commission and the State Board. Until July 1, 2020, the
Commission may reverse a local board's decision to not renew a
charter if the Commission finds that the charter school or
charter school proposal (i) is in compliance with this
Article, and (ii) is in the best interests of the students it
is designed to serve. The Commission may condition the
granting of an appeal on the acceptance by the charter school
of funding in an amount less than that requested in the
proposal submitted to the local school board. Final decisions
of the Commission shall be subject to judicial review under
the Administrative Review Law.

The State Board may reverse a local board's decision to
revoke or, beginning on July 1, 2020, not renew a charter if
the State Board finds that the charter school or charter
school proposal (i) is in compliance with this Article and
(ii) is in the best interests of the students it is designed to
serve. The State Board may condition the granting of an appeal
on the acceptance by the charter school of funding in an amount
less than that requested in the proposal submitted to the
local school board. The State Board must appoint and utilize a
hearing officer for any appeals conducted under this
subsection. Final decisions of the State Board are subject to
judicial review under the Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if
the State Board Commission on appeal reverses a local board's
decision or if a charter school is approved by referendum, the
State Board Commission shall act as the authorized chartering
entity for the charter school. The Commission shall approve
the charter and shall perform all functions under this Article
otherwise performed by the local school board. The State Board
shall determine whether the charter proposal approved by the
Commission is consistent with the provisions of this Article
and, if the approved proposal complies, certify the proposal
pursuant to this Article. The State Board shall report the
aggregate number of charter school pupils resident in a school
district to that district and shall notify the district of the
amount of funding to be paid by the State Board to the charter

school enrolling such students. The charter school shall
maintain accurate records of daily attendance and student
enrollment and shall enter data on the students served, their
characteristics, their particular needs, the programs in which
they participate, and their academic achievement into the
statewide student information system established by the State
Board. The Commission shall require the charter school to
maintain accurate records of daily attendance that shall be
deemed sufficient to file claims under Section 18-8.15
notwithstanding any other requirements of that Section. The
State Board shall withhold from funds otherwise due the
district the funds authorized by this Article to be paid to the
charter school and shall pay such amounts to the charter
school in quarterly installments, calculated as follows: .
(1) The amount of the first quarterly payment shall be
based on the projected number of students who will be
enrolled in the charter school in the upcoming school
year, multiplied by one-fourth of the resident district's
per capita tuition amount. Each charter school shall
submit its projected enrollment by no later than August 1
of each year on a form provided by the State Board for this
purpose.
(2) The amount of the second quarterly payment shall
be calculated such that the aggregate amount of the first
and second quarterly installments is equal to the number
of students reported as enrolled at the charter school on

October 1 in the State Board's student information system,
multiplied by one-half of the resident district's per
capita tuition amount.
(3) The amount of the third quarterly payment shall be
based on the number of students enrolled in the charter
school on January 1, multiplied by one-fourth of the
resident district's per capita tuition amount. Each
charter school shall submit its January 1 enrollment by no
later than January 5 of each year on a form provided by the
State Board for this purpose.
(4) The amount of the fourth quarterly payment shall
be calculated such that the aggregate amount of the third
and fourth installments is equal to the number of students
reported as enrolled at the charter school on March 1 in
the State Board's student information system, multiplied
by one-half of the resident district's per capita tuition
amount.
(g) (Blank). For charter schools authorized by the
Commission, the Commission shall quarterly certify to the
State Board the student enrollment for each of its charter
schools.
(h) The For charter schools authorized by the Commission,
the State Board shall pay directly to a charter school it
authorizes any federal or State funding aid attributable to a
student with a disability attending the school.
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;

101-543, eff. 8-23-19.)
(105 ILCS 5/27A-10)
Sec. 27A-10. Employees.
(a) A person shall be deemed to be employed by a charter
school unless a collective bargaining agreement or the charter
school contract otherwise provides.
(b) In all school districts, including special charter
districts and districts located in cities having a population
exceeding 500,000, the local school board shall determine by
policy or by negotiated agreement, if one exists, the
employment status of any school district employees who are
employed by a charter school and who seek to return to
employment in the public schools of the district. Each local
school board shall grant, for a period of up to 5 years, a
leave of absence to those of its teachers who accept
employment with a charter school. At the end of the authorized
leave of absence, the teacher must return to the school
district or resign; provided that if the teacher chooses to
return to the school district, the teacher must be assigned to
a position that requires the teacher's licensure and legal
qualifications. The contractual continued service status and
retirement benefits of a teacher of the district who is
granted a leave of absence to accept employment with a charter
school shall not be affected by that leave of absence.
(c) Charter schools shall employ in instructional

positions, as defined in the charter, individuals who are
licensed under Article 21B of this Code or who possess the
following qualifications:
(i) graduated with a bachelor's degree from an
accredited institution of higher learning;
(ii) been employed for a period of at least 5 years in
an area requiring application of the individual's
education;
(iii) passed a content area knowledge test required
under Section 21B-30 of this Code; and
(iv) demonstrate continuing evidence of professional
growth, which shall include, but not be limited to,
successful teaching experience, attendance at professional
meetings, membership in professional organizations,
additional credits earned at institutions of higher
learning, travel specifically for educational purposes,
and reading of professional books and periodicals.
(c-5) Charter schools employing individuals without
licensure in instructional positions shall provide such
mentoring, training, and staff development for those
individuals as the charter schools determine necessary for
satisfactory performance in the classroom.
At least 50% of the individuals employed in instructional
positions by a charter school that is operating in a city
having a population exceeding 500,000 and that is established
on or after April 16, 2003 shall hold teaching licenses issued

under Article 21B of this Code.
At least 75% of the individuals employed in instructional
positions by a charter school that is operating in a city
having a population exceeding 500,000 and that was established
before April 16, 2003 shall hold teaching licenses issued
under Article 21B of this Code.
(c-10) At Notwithstanding any provision in subsection
(c-5) to the contrary, in any charter school established
before, on, or after July 30, 2009 (the effective date of
Public Act 96-105), at least 75% of the individuals employed
in instructional positions by the charter school shall hold
teaching licenses issued under Article 21B of this Code.
Charter schools may employ non-licensed staff in all other
positions.
(c-15) Charter schools are exempt from any annual cap on
new participants in an alternative educator licensure program.
The second and third phases of the program may be conducted and
completed at the charter school, and the alternative
provisional educator endorsement is valid for 4 years or the
length of the charter (or any extension of the charter),
whichever is longer.
(d) A teacher at a charter school may resign his or her
position only if the teacher gives notice of resignation to
the charter school's governing body at least 60 days before
the end of the school term, and the resignation must take
effect immediately upon the end of the school term.

(Source: P.A. 101-220, eff. 8-7-19; 101-594, eff. 12-5-19.)
(105 ILCS 5/27A-10.5)
Sec. 27A-10.5. Educational or charter management
organization.
(a) In this Section:
"CMO" means a charter management organization.
"EMO" means an educational management organization.
(b) All authorizers shall ensure that any charter school
established on or after January 1, 2015 the effective date of
this amendatory Act of the 98th General Assembly has a
governing body that is separate and distinct from the
governing body of any CMO or EMO. In reviewing charter
applications and charter renewal applications, authorizers
shall review the governance model proposed by the applicant to
ensure that there are no conflicts of interest.
(c) No charter school may employ a staff person who is
simultaneously employed by an EMO or CMO.
(Source: P.A. 98-783, eff. 1-1-15.)
(105 ILCS 5/27A-10.10)
Sec. 27A-10.10. Closure of charter school; unspent public
funds; procedures for the disposition of property and assets.
(a) Upon the closing of a charter school authorized by one
or more local school boards, the governing body of the charter
school or its designee shall refund to the chartering entity

or entities all unspent public funds. The charter school's
other property and assets shall be disposed of under the
provisions of the charter application and contract. If the
application and contract are silent or ambiguous as to the
disposition of any of the school's property or assets, any
property or assets of the charter school purchased with public
funds shall be returned to the school district or districts
from which the charter school draws enrollment, at no cost to
the receiving district or districts, subject to each
district's acceptance of the property or asset. Any unspent
public funds or other property or assets received by the
charter school directly from any State or federal agency shall
be refunded to or revert back to that State or federal agency,
respectively.
(b) Upon the closing of a charter school authorized by the
State Board Commission, the governing body of the charter
school or its designee shall refund all unspent public funds
to the State Board of Education. The charter school's other
property and assets shall be disposed of under the provisions
of the charter application and contract. If the application
and contract are silent or ambiguous as to the disposition of
any of the school's property or assets, any property or assets
of the charter school purchased with public funds shall be
returned to the school district or districts from which the
charter school draws its enrollment, at no cost to the
receiving district or districts, subject to each district's

acceptance of the property or asset. Any unspent public funds
or other property or assets provided by a State agency other
than the State Board of Education or by a federal agency shall
be refunded to or revert back to that State or federal agency,
respectively.
(c) If a determination is made to close a charter school
located within the boundaries of a school district organized
under Article 34 of this Code for at least one school year, the
charter school shall give at least 60 days' notice of the
closure to all affected students and parents or legal
guardians.
(Source: P.A. 100-179, eff. 8-18-17.)
(105 ILCS 5/27A-11)
Sec. 27A-11. Local financing.
(a) For purposes of the School Code, pupils enrolled in a
charter school shall be included in the pupil enrollment of
the school district within which the pupil resides. Each
charter school (i) shall determine the school district in
which each pupil who is enrolled in the charter school
resides, (ii) shall report the aggregate number of pupils
resident of a school district who are enrolled in the charter
school to the school district in which those pupils reside,
and (iii) shall maintain accurate records of daily attendance
that shall be deemed sufficient to file claims under Section
18-8 or 18-8.15 notwithstanding any other requirements of that

Section regarding hours of instruction and teacher licensure
certification.
(b) Except for a charter school established by referendum
under Section 27A-6.5, as part of a charter school contract,
the charter school and the local school board shall agree on
funding and any services to be provided by the school district
to the charter school. Agreed funding that a charter school is
to receive from the local school board for a school year shall
be paid in equal quarterly installments with the payment of
the installment for the first quarter being made not later
than July 1, unless the charter establishes a different
payment schedule. However, if a charter school dismisses a
pupil from the charter school after receiving a quarterly
payment, the charter school shall return to the school
district, on a quarterly basis, the prorated portion of public
funding provided for the education of that pupil for the time
the student is not enrolled at the charter school. Likewise,
if a pupil transfers to a charter school between quarterly
payments, the school district shall provide, on a quarterly
basis, a prorated portion of the public funding to the charter
school to provide for the education of that pupil.
All services centrally or otherwise provided by the school
district including, but not limited to, rent, food services,
custodial services, maintenance, curriculum, media services,
libraries, transportation, and warehousing shall be subject to
negotiation between a charter school and the local school

board and paid for out of the revenues negotiated pursuant to
this subsection (b); provided that the local school board
shall not attempt, by negotiation or otherwise, to obligate a
charter school to provide pupil transportation for pupils for
whom a district is not required to provide transportation
under the criteria set forth in subsection (a)(13) of Section
27A-7.
In no event shall the funding be less than 97% or more than
103% of the school district's per capita student tuition
multiplied by the number of students residing in the district
who are enrolled in the charter school.
It is the intent of the General Assembly that funding and
service agreements under this subsection (b) shall be neither
a financial incentive nor a financial disincentive to the
establishment of a charter school.
The charter school may set and collect reasonable fees.
Fees collected from students enrolled at a charter school
shall be retained by the charter school.
(c) Notwithstanding subsection (b) of this Section, the
proportionate share of State and federal resources generated
by students with disabilities or staff serving them shall be
directed to charter schools enrolling those students by their
school districts or administrative units. The proportionate
share of moneys generated under other federal or State
categorical aid programs shall be directed to charter schools
serving students eligible for that aid.

(d) The governing body of a charter school is authorized
to accept gifts, donations, or grants of any kind made to the
charter school and to expend or use gifts, donations, or
grants in accordance with the conditions prescribed by the
donor; however, a gift, donation, or grant may not be accepted
by the governing body if it is subject to any condition
contrary to applicable law or contrary to the terms of the
contract between the charter school and the local school
board. Charter schools shall be encouraged to solicit and
utilize community volunteer speakers and other instructional
resources when providing instruction on the Holocaust and
other historical events.
(e) (Blank).
(f) (Blank). The Commission shall provide technical
assistance to persons and groups preparing or revising charter
applications.
(g) At the non-renewal or revocation of its charter, each
charter school shall refund to the local board of education
all unspent funds.
(h) A charter school is authorized to incur temporary,
short term debt to pay operating expenses in anticipation of
receipt of funds from the local school board.
(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
(105 ILCS 5/27A-11.5)
Sec. 27A-11.5. State financing. The State Board of

Education shall make the following funds available to school
districts and charter schools:
(1) From a separate appropriation made to the State
Board for purposes of this subdivision (1), the State
Board shall make transition impact aid available to school
districts that approve a new charter school or that have
funds withheld by the State Board to fund a new charter
school that is chartered by the Commission. The amount of
the aid shall equal 90% of the per capita funding paid to
the charter school during the first year of its initial
charter term, 65% of the per capita funding paid to the
charter school during the second year of its initial term,
and 35% of the per capita funding paid to the charter
school during the third year of its initial term. This
transition impact aid shall be paid to the local school
board in equal quarterly installments, with the payment of
the installment for the first quarter being made by August
1st immediately preceding the first, second, and third
years of the initial term. The district shall file an
application for this aid with the State Board in a format
designated by the State Board. If the appropriation is
insufficient in any year to pay all approved claims, the
impact aid shall be prorated. However, for fiscal year
2004, the State Board of Education shall pay approved
claims only for charter schools with a valid charter
granted prior to June 1, 2003. If any funds remain after

these claims have been paid, then the State Board of
Education may pay all other approved claims on a pro rata
basis. Transition impact aid shall be paid beginning in
the 1999-2000 school year for charter schools that are in
the first, second, or third year of their initial term.
Transition impact aid shall not be paid for any charter
school that is proposed and created by one or more boards
of education, as authorized under subsection (b) of
Section 27A-7 the provisions of Public Act 91-405.
(2) From a separate appropriation made for the purpose
of this subdivision (2), the State Board shall make grants
to charter schools to pay their start-up costs of
acquiring educational materials and supplies, textbooks,
electronic textbooks and the technological equipment
necessary to gain access to and use electronic textbooks,
furniture, and other equipment or materials needed during
their initial term. The State Board shall annually
establish the time and manner of application for these
grants, which shall not exceed $250 per student enrolled
in the charter school.
(3) The Charter Schools Revolving Loan Fund is created
as a special fund in the State treasury. Federal funds,
such other funds as may be made available for costs
associated with the establishment of charter schools in
Illinois, and amounts repaid by charter schools that have
received a loan from the Charter Schools Revolving Loan

Fund shall be deposited into the Charter Schools Revolving
Loan Fund, and the moneys in the Charter Schools Revolving
Loan Fund shall be appropriated to the State Board and
used to provide interest-free loans to charter schools.
These funds shall be used to pay start-up costs of
acquiring educational materials and supplies, textbooks,
electronic textbooks and the technological equipment
necessary to gain access to and use electronic textbooks,
furniture, and other equipment or materials needed in the
initial term of the charter school and for acquiring and
remodeling a suitable physical plant, within the initial
term of the charter school. Loans shall be limited to one
loan per charter school and shall not exceed $750 per
student enrolled in the charter school. A loan shall be
repaid by the end of the initial term of the charter
school. The State Board may deduct amounts necessary to
repay the loan from funds due to the charter school or may
require that the local school board that authorized the
charter school deduct such amounts from funds due the
charter school and remit these amounts to the State Board,
provided that the local school board shall not be
responsible for repayment of the loan. The State Board may
use up to 3% of the appropriation to contract with a
non-profit entity to administer the loan program.
(4) A charter school may apply for and receive,
subject to the same restrictions applicable to school

districts, any grant administered by the State Board that
is available for school districts.
If a charter school fails to make payments toward
administrative costs, the State Board may withhold State funds
from that school until it has made all payments for those
costs.
(Source: P.A. 101-543, eff. 8-23-19.)
(105 ILCS 5/27A-12)
Sec. 27A-12. Evaluation; report. On or before September 30
of every odd-numbered year, all local school boards with at
least one charter school, as well as the Commission, shall
submit to the State Board any information required by the
State Board pursuant to applicable rule. On or before the
second Wednesday in January of every even-numbered year, the
State Board shall issue a report to the General Assembly and
the Governor on its findings for the previous 2 school years.
The State Board's report shall summarize all of the following:
(1) The authorizer's strategic vision for chartering
and progress toward achieving that vision.
(2) The academic and financial performance of all
operating charter schools overseen by the authorizer,
according to the performance expectations for charter
schools set forth in this Article.
(3) The status of the authorizer's charter school
portfolio, identifying all charter schools in each of the

following categories: approved (but not yet open),
operating, renewed, transferred, revoked, not renewed,
voluntarily closed, or never opened.
(4) The authorizing functions provided by the
authorizer to the charter schools under its purview,
including the authorizer's operating costs and expenses
detailed in annual audited financial statements, which
must conform with generally accepted accounting
principles.
Further, in the report required by this Section, the State
Board (i) shall compare the performance of charter school
pupils with the performance of ethnically and economically
comparable groups of pupils in other public schools who are
enrolled in academically comparable courses, (ii) shall review
information regarding the regulations and policies from which
charter schools were released to determine if the exemptions
assisted or impeded the charter schools in meeting their
stated goals and objectives, and (iii) shall include suggested
changes in State law necessary to strengthen charter schools.
In addition, the State Board shall undertake and report on
periodic evaluations of charter schools that include
evaluations of student academic achievement, the extent to
which charter schools are accomplishing their missions and
goals, the sufficiency of funding for charter schools, and the
need for changes in the approval process for charter schools.
Based on the information that the State Board receives

from authorizers and the State Board's ongoing monitoring of
both charter schools and authorizers, the State Board has the
power to remove the power to authorize from any authorizer in
this State if the authorizer does not demonstrate a commitment
to high-quality authorization practices and, if necessary,
revoke the chronically low-performing charters authorized by
the authorizer at the time of the removal. The State Board
shall adopt rules as needed to carry out this power, including
provisions to determine the status of schools authorized by an
authorizer whose authorizing power is revoked.
(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
(105 ILCS 5/27A-13)
Sec. 27A-13. Rules. The State Board of Education is
authorized to adopt any rules not inconsistent with this
Article that it deems necessary to implement and accomplish
the purposes and provisions of this Article.
(Source: P.A. 89-450, eff. 4-10-96.)
(105 ILCS 5/34-18.20)
Sec. 34-18.20. Time out, isolated time out, restraint, and
necessities; limitations and prohibitions.
(a) The General Assembly finds and declares that the use
of isolated time out, time out, and physical restraint on
children and youth carries risks to the health and safety of
students and staff; therefore, the ultimate goal is to reduce

and eventually eliminate the use of those interventions. The
General Assembly also finds and declares that the State Board
of Education must take affirmative action to lead and support
schools in transforming the school culture to reduce and
eliminate the use of all such interventions over time.
(b) In this Section:
"Chemical restraint" means the use of medication to
control a student's behavior or to restrict a student's
freedom of movement. "Chemical restraint" does not include
medication that is legally prescribed and administered as part
of a student's regular medical regimen to manage behavioral
symptoms and treat medical symptoms.
"Isolated time out" means the involuntary confinement of a
student alone in a time out room or other enclosure outside of
the classroom without a supervising adult in the time out room
or enclosure.
"Isolated time out" or "time out" does not include a
student-initiated or student-requested break, a
student-initiated sensory break or a teacher-initiated sensory
break that may include a sensory room containing sensory tools
to assist a student to calm and de-escalate, an in-school
suspension or detention, or any other appropriate disciplinary
measure, including the student's brief removal to the hallway
or similar environment.
"Mechanical restraint" means the use of any device or
equipment to limit a student's movement or to hold a student

immobile. "Mechanical restraint" does not include any
restraint used to (i) treat a student's medical needs; (ii)
protect a student who is known to be at risk of injury
resulting from a lack of coordination or frequent loss of
consciousness; (iii) position a student with physical
disabilities in a manner specified in the student's
individualized education program, federal Section 504 plan, or
other plan of care; (iv) provide a supplementary aid, service,
or accommodation, including, but not limited to, assistive
technology that provides proprioceptive input or aids in
self-regulation; or (v) promote student safety in vehicles
used to transport students.
"Physical restraint" or "restraint" means holding a
student or otherwise restricting a student's movements.
"Physical restraint" or "restraint" does not include momentary
periods of physical restriction by direct person to person
contact, without the aid of material or mechanical devices,
that are accomplished with limited force and that are designed
to prevent a student from completing an act that would result
in potential physical harm to himself, herself, or another or
damage to property.
"Prone physical restraint" means a physical restraint in
which a student is held face down on the floor or other surface
and physical pressure is applied to the student's body to keep
the student in the prone position.
"Time out" means a behavior management technique for the

purpose of calming or de-escalation that involves the
involuntary monitored separation of a student from classmates
with a trained adult for part of the school day, only for a
brief time, in a nonlocked setting.
(c) Isolated time out, time out, and physical restraint,
other than prone physical restraint, may be used only if (i)
the student's behavior presents an imminent danger of serious
physical harm to the student or to others; (ii) other less
restrictive and intrusive measures have been tried and have
proven to be ineffective in stopping the imminent danger of
serious physical harm; (iii) there is no known medical
contraindication to its use on the student; and (iv) the
school staff member or members applying the use of time out,
isolated time out, or physical restraint on a student have
been trained in its safe application, as established by rule
by the State Board of Education. Isolated time out is allowed
only under limited circumstances as set forth in this Section.
If all other requirements under this Section are met, isolated
time out may be used only if the adult in the time out room or
enclosure is in imminent danger of serious physical harm
because the student is unable to cease actively engaging in
extreme physical aggression.
Mechanical restraint and chemical restraint are
prohibited. Prone restraint is prohibited except when all of
the following conditions are satisfied:
(1) The student's Behavior Intervention Plan

specifically allows for prone restraint of the student.
(2) The Behavior Intervention Plan was put into place
before January 1, 2021.
(3) The student's Behavior Intervention Plan has been
approved by the IEP team.
(4) The school staff member or staff members applying
the use of prone restraint on a student have been trained
in its safe application as established by rule by the
State Board of Education.
(5) The school must be able to document and
demonstrate to the IEP team that the use of other
de-escalation techniques provided for in the student's
Behavior Intervention Plan were ineffective.
(6) The use of prone restraint occurs within the
school years of 2021-2022 school year and 2022-2023.
All instances of the utilization of prone restraint must be
reported in accordance with the provisions of this amendatory
Act of the 102nd General Assembly. Nothing in this Section
shall prohibit the State Board of Education from adopting
administrative rules that further restrict or disqualify the
use of prone restraint.
(d) The use of any of the following rooms or enclosures for
an isolated time out or time out purposes is prohibited:
(1) a locked room or a room in which the door is
obstructed, prohibiting it from opening;
(2) a confining space such as a closet or box;

(3) a room where the student cannot be continually
observed; or
(4) any other room or enclosure or time out procedure
that is contrary to current rules adopted by the State
Board of Education.
(e) The deprivation of necessities needed to sustain the
health of a person, including, without limitation, the denial
or unreasonable delay in the provision of the following, is
prohibited:
(1) food or liquid at a time when it is customarily
served;
(2) medication; or
(3) the use of a restroom.
(f) (Blank).
(g) Following each incident of isolated time out, time
out, or physical restraint, but no later than 2 school days
after the incident, the principal or another designated
administrator shall notify the student's parent or guardian
that he or she may request a meeting with appropriate school
personnel to discuss the incident. This meeting shall be held
separate and apart from meetings held in accordance with the
student's individualized education program or from meetings
held in accordance with the student's plan for services under
Section 504 of the federal Rehabilitation Act of 1973. If a
parent or guardian requests a meeting, the meeting shall be
convened within 2 school days after the request, provided that

the 2-school day limitation shall be extended if requested by
the parent or guardian. The parent or guardian may also
request that the meeting be convened via telephone or video
conference.
The meeting shall include the student, if appropriate, at
least one school staff member involved in the incident of
isolated time out, time out, or physical restraint, the
student's parent or guardian, and at least one appropriate
school staff member not involved in the incident of isolated
time out, time out, or physical restraint, such as a social
worker, psychologist, nurse, or behavioral specialist. During
the meeting, the school staff member or members involved in
the incident of isolated time out, time out, or physical
restraint, the student, and the student's parent or guardian,
if applicable, shall be provided an opportunity to describe
(i) the events that occurred prior to the incident of isolated
time out, time out, or physical restraint and any actions that
were taken by school personnel or the student leading up to the
incident; (ii) the incident of isolated time out, time out, or
physical restraint; and (iii) the events that occurred or the
actions that were taken following the incident of isolated
time out, time out, or physical restraint and whether the
student returned to regular school activities and, if not, how
the student spent the remainder of the school day. All parties
present at the meeting shall have the opportunity to discuss
what school personnel could have done differently to avoid the

incident of isolated time out, time out, or physical restraint
and what alternative courses of action, if any, the school can
take to support the student and to avoid the future use of
isolated time out, time out, or physical restraint. At no
point may a student be excluded from school solely because a
meeting has not occurred.
A summary of the meeting and any agreements or conclusions
reached during the meeting shall be documented in writing and
shall become part of the student's school record. A copy of the
documents shall be provided to the student's parent or
guardian. If a parent or guardian does not request a meeting
within 10 school days after the school has provided the
documents to the parent or guardian or if a parent or guardian
fails to attend a requested meeting, that fact shall be
documented as part of the student's school record.
(h) Whenever isolated time out, time out, or physical
restraint is used, school personnel shall fully document and
report to the State Board of Education the incident, including
the events leading up to the incident, what alternative
measures that are less restrictive and intrusive were used
prior to the use of isolated time out, time out, or physical
restraint, why those measures were ineffective or deemed
inappropriate, the type of restraint, isolated time out, or
time out that was used, the length of time the student was in
isolated time out or time out or was restrained, and the staff
involved. The parents or guardian of a student and the State

Superintendent of Education shall be informed whenever
isolated time out, time out, or physical restraint is used.
Schools shall provide parents and guardians with the
following information, to be developed by the State Board and
which may be incorporated into the State Board's prescribed
physical restraint and time out form at the discretion of the
State Board, after each incident in which isolated time out,
time out, or physical restraint is used during the school
year, in printed form or, upon the written request of the
parent or guardian, by email:
(1) a copy of the standards for when isolated time
out, time out, and physical restraint can be used;
(2) information about the rights of parents,
guardians, and students; and
(3) information about the parent's or guardian's right
to file a complaint with the State Superintendent of
Education, the complaint process, and other information to
assist the parent or guardian in navigating the complaint
process.
(i) Any use of isolated time out, time out, or physical
restraint that is permitted by the board's policy shall be
implemented in accordance with written procedures.
(Source: P.A. 102-339, eff. 8-13-21.)
(105 ILCS 5/34-18.61)
Sec. 34-18.61. Self-administration of medication.

(a) In this Section, "asthma action plan" has the meaning
given to that term under Section 22-30.
(b) Notwithstanding any other provision of law, the school
district must allow any student with an asthma action plan, an
Individual Health Care Action Plan, an allergy emergency
action plan Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, a plan pursuant to Section 504
of the federal Rehabilitation Act of 1973, or a plan pursuant
to the federal Individuals with Disabilities Education Act to
self-administer any medication required under those plans if
the student's parent or guardian provides the school district
with (i) written permission for the student's
self-administration of medication and (ii) written
authorization from the student's physician, physician
assistant, or advanced practice registered nurse for the
student to self-administer the medication. A parent or
guardian must also provide to the school district the
prescription label for the medication, which must contain the
name of the medication, the prescribed dosage, and the time or
times at which or the circumstances under which the medication
is to be administered. Information received by the school
district under this subsection shall be kept on file in the
office of the school nurse or, in the absence of a school
nurse, the school's administrator.
(c) The school district must adopt an emergency action
plan for a student who self-administers medication under

subsection (b). The plan must include both of the following:
(1) A plan of action in the event a student is unable
to self-administer medication.
(2) The situations in which a school must call 9-1-1.
(d) The school district and its employees and agents shall
incur no liability, except for willful and wanton conduct, as
a result of any injury arising from the self-administration of
medication by a student under subsection (b). The student's
parent or guardian must sign a statement to this effect, which
must acknowledge that the parent or guardian must indemnify
and hold harmless the school district and its employees and
agents against any claims, except a claim based on willful and
wanton conduct, arising out of the self-administration of
medication by a student.
(Source: P.A. 101-205, eff. 1-1-20; 102-558, eff. 8-20-21.)
(105 ILCS 5/2-3.10 rep.)
(105 ILCS 5/2-3.25e-5 rep.)
(105 ILCS 5/2-3.143 rep.)
(105 ILCS 5/13B-35.10 rep.)
(105 ILCS 5/13B-35.15 rep.)
(105 ILCS 5/13B-35.20 rep.)
Section 15. The School Code is amended by repealing
Sections 2-3.10, 2-3.25e-5, 2-3.143, 13B-35.10, 13B-35.15, and
13B-35.20.

Section 20. The Educational Opportunity for Military
Children Act is amended by changing Sections 20 and 40 as
follows:
(105 ILCS 70/20)
Sec. 20. Definitions. For purposes of this Act:
"Active duty military personnel" means active duty members
of the uniformed military services, including any of the
following:
(1) Members of the National Guard and Reserve that are
on active duty pursuant to 10 U.S.C. 1209 and 10 U.S.C.
1211.
(2) Members or veterans of the uniformed services who
are severely injured and medically discharged or retired
for a period of one year after medical discharge or
retirement.
(3) Members of the uniformed services who die on
active duty for a period of one year after death.
"Non-custodial parent" means a person who has temporary
custody of the child of any active duty military personnel and
who is responsible for making decisions for that child.
"State Council" means the State Superintendent of
Education or the State Superintendent's designee and
additional individuals appointed by the Governor Illinois P-20
Council and additional representatives appointed by the
Illinois P-20 Council as provided under Section 40 of this

Act.
(Source: P.A. 98-673, eff. 6-30-14.)
(105 ILCS 70/40)
Sec. 40. State coordination.
(a) Each member state of the Interstate Commission on
Educational Opportunity for Military Children shall, through
the creation of a State Council or use of an existing body or
board, provide for the coordination among its agencies of
government, local education agencies, and military
installations concerning the State's participation in and
compliance with the compact and Interstate Commission
activities. The State Council shall be comprised of (i) the
State Superintendent of Education or the State
Superintendent's designee and (ii) the following individuals,
who shall be appointed by the Governor for State Council
membership: The State Council shall be comprised of the
Illinois P-20 Council,
(1) one member of the General Assembly, recommended by
the Speaker of the House of Representatives;
(2) one member of the General Assembly, recommended by
the Minority Leader of the House of Representatives;
(3) one member of the General Assembly, recommended by
the President of the Senate;
(4) one member of the General Assembly, recommended by
Minority Leader of the Senate;

(5) a representative from a school district associated
with U.S. Army Garrison - Rock Island Arsenal having the
highest percentage of students who are children of active
duty military personnel; ,
(6) a representative from a school district associated
with Scott Air Force Base having the highest percentage of
students who are children of active duty military
personnel; ,
(7) a representative from a school district associated
with Naval Station Great Lakes having the highest
percentage of students who are children of active duty
military personnel; and , a representative from the school
district with the highest percentage of students who are
children of active duty military personnel not already
represented in the State Council, and a non-voting
(8) a representative recommended appointed by each
active-duty military installation commander in this State.
Members appointed to the State Council must reflect, as
much as possible, the racial, ethnic, and geographic diversity
of this State.
(b) The compact commissioner responsible for the
administration and management of the State's participation in
the compact shall be appointed by the Governor from the
membership of the State Council the State Council.
(Source: P.A. 97-216, eff. 1-1-12; 98-673, eff. 6-30-14.)

Section 25. The School Safety Drill Act is amended by
changing Sections 5, 30, and 45 as follows:
(105 ILCS 128/5)
Sec. 5. Definitions. In this Act:
"First responder" means and includes all fire departments
and districts, law enforcement agencies and officials,
emergency medical responders, emergency medical dispatchers,
and emergency management officials involved in the execution
and documentation of the drills administered under this Act.
"School" means a public or private facility that offers
elementary or secondary education to students under the age of
21, a charter school authorized by the State Board of
Education, or a special education cooperative. As used in this
definition, "public facility" means a facility operated by the
State or by a unit of local government. As used in this
definition, "private facility" means any non-profit,
non-home-based, non-public elementary or secondary school that
is in compliance with Title VI of the Civil Rights Act of 1964
and attendance at which satisfies the requirements of Section
26-1 of the School Code. While more than one school may be
housed in a facility, for purposes of this Act, the facility
shall be considered a school. When a school has more than one
location, for purposes of this Act, each different location
shall be considered its own school.
"School district" means any public school district

established under the School Code, any program of a special
education joint agreement established under Section 3-15.14,
10-22.31, or 10-22.31a of the School Code, or any charter
school authorized by the State Board of Education in
accordance with Section 27A-7.5 of the School Code.
"School safety drill" means a pre-planned exercise
conducted by a school in accordance with the drills and
requirements set forth in this Act.
(Source: P.A. 102-894, eff. 5-20-22; 102-1006, eff. 1-1-23;
revised 12-13-22.)
(105 ILCS 128/30)
Sec. 30. Reporting; duties of the State Fire Marshal,
regional superintendents, and the State Board of Education.
(a) The State Board of Education Office of the State Fire
Marshal shall accept, directly, one-page annual review
compliance reports from private schools. The Office of the
State Fire Marshal shall create a mechanism for the reporting
and filing of these reports and give notice to the private
schools as to how this reporting shall be made. The Office of
the State Fire Marshal shall make these records available
directly to the State Board of Education.
(b) Each regional superintendent of schools shall provide
an annual school safety review compliance report to the State
Board of Education as a part of its regular annual report to
the State Board, which shall set forth those school districts

that have successfully completed their annual review and those
school districts that have failed to complete their annual
review. These reports shall be delivered to the State Board of
Education on or before October 1 of each year.
(c) The State Board of Education shall create a mechanism
for the reporting and filing of annual school safety review
compliance reports and give notice to each regional
superintendent of schools and private schools as to how to
file reports. The State Board of Education shall file and
maintain records of the annual school safety review compliance
reports received from each of the regional superintendents of
schools and private schools. The State Board shall be
responsible for ensuring access to the records by the Office
of the State Fire Marshal and other State agencies. The State
Board shall provide an annual report to the Office of the
Governor and the Office of the State Fire Marshal concerning
the compliance of school districts and private schools with
the annual school safety review requirement.
(Source: P.A. 94-600, eff. 8-16-05.)
(105 ILCS 128/45)
Sec. 45. Threat assessment procedure.
(a) Each school district must implement a threat
assessment procedure that may be part of a school board policy
on targeted school violence prevention. The procedure must
include the creation of a threat assessment team. The team

must include all of the following members:
(1) An administrator employed by the school district
or a special education cooperative that serves the school
district and is available to serve.
(2) A teacher employed by the school district or a
special education cooperative that serves the school
district and is available to serve.
(3) A school counselor employed by the school district
or a special education cooperative that serves the school
district and is available to serve.
(4) A school psychologist employed by the school
district or a special education cooperative that serves
the school district and is available to serve.
(5) A school social worker employed by the school
district or a special education cooperative that serves
the school district and is available to serve.
(6) At least one law enforcement official.
If a school district is unable to establish a threat
assessment team with school district staff and resources, it
may utilize a regional behavioral threat assessment and
intervention team that includes mental health professionals
and representatives from the State, county, and local law
enforcement agencies.
(b) A school district shall establish the threat
assessment team under this Section no later than 180 days
after August 23, 2019 (the effective date of Public Act

101-455) this amendatory Act of the 101st General Assembly and
must implement an initial threat assessment procedure no later
than 120 days after August 23, 2019 (the effective date of
Public Act 101-455) this amendatory Act of the 101st General
Assembly. Each year prior to the start of the school year, the
school board shall file the threat assessment procedure and a
list identifying the members of the school district's threat
assessment team or regional behavior threat assessment and
intervention team with (i) a local law enforcement agency and
(ii) the regional office of education or, with respect to a
school district organized under Article 34 of the School Code,
the State Board of Education.
(b-5) A charter school operating under a charter issued by
a local board of education may adhere to the local board's
threat assessment procedure or may implement its own threat
assessment procedure in full compliance with the requirements
of this Section. The charter agreement shall specify in detail
how threat assessment procedures will be determined for the
charter school.
(b-10) A special education cooperative operating under a
joint agreement must implement its own threat assessment
procedure in full compliance with the requirements of this
Section, including the creation of a threat assessment team,
which may consist of individuals employed by the member
districts. The procedure must include actions the special
education cooperative will take in partnership with its member

districts to address a threat.
(c) Any sharing of student information under this Section
must comply with the federal Family Educational Rights and
Privacy Act of 1974 and the Illinois School Student Records
Act.
(d) (Blank). A charter school must follow the threat
assessment procedures implemented by its authorizing school
district or must implement its own threat assessment procedure
that complies with this Section.
(Source: P.A. 101-455, eff. 8-23-19; 102-791, eff. 5-13-22;
102-894, eff. 5-20-22; revised 8-25-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance