Bill Text: IL HB5588 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the School Code. With regard to the State Board of Education developing recognition standards for student performance and school improvement, removes provisions providing for a Multiple Measure Index in determining standards for student performance. Changes references from the "No Child Left Behind Act of 2001" to the "Every Student Succeeds Act". Provides that, beginning in fiscal year 2018, the State Board of Education may identify a school district as eligible for targeted and comprehensive services under the federal Every Student Succeeds Act. Requires a 21st Century Community Learning Center Grant Program to provide grants to support whole child-focused (rather than academically focused) after-school programs that are aligned with the regular academic programs of a school and the academic needs of students who attend a high-poverty, low-performing school. Requires the State Board of Education to administer a climate survey to provide feedback from, at minimum, students in grades 4 through 12 and teachers on the instructional environment within a school. Repeals provisions governing the Multiple Measure Index and Annual Measurable Objectives, class size reduction grant programs, and highly qualified teachers under the federal No Child Left Behind Act of 2001. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2018-08-23 - Public Act . . . . . . . . . 100-1046 [HB5588 Detail]

Download: Illinois-2017-HB5588-Chaptered.html

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Public Act 100-1046
HB5588 Enrolled LRB100 20323 AXK 35610 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Legislative intent. It is the intent of the
General Assembly that State assessments be rooted in classroom
content and best practices and be used as an opportunity to
demonstrate learning and feedback. It is also the intent of the
General Assembly that assessments used for accountability
should support learning opportunities that inform instruction.
Section 5. The School Code is amended by changing Sections
2-3.25a, 2-3.25n, 2-3.52A, 2-3.61a, 2-3.64a-5, 2-3.136,
2-3.153, 10-21.3a, 10-29, 34-1.1, 34-3.5, 34-18, and 34-18.24
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, 3.25d, 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 and school
improvement for all school districts and their individual
schools, which must be an outcomes-based, balanced
accountability measure. The State Board of Education is
prohibited from having separate performance standards for
students based on race or ethnicity.
The accountability 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.
Subject to the availability of federal, State, public, or
private funds, the balanced accountability measure must be
designed to focus on 2 components, student performance and
professional practice. The student performance component shall
count for 30% of the total balanced accountability measure, and
the professional practice component shall count for 70% of the
total balanced accountability measure. The student performance
component shall focus on student outcomes and closing the
achievement gaps within each school district and its individual

schools using a Multiple Measure Index and Annual Measurable
Objectives, as set forth in Section 2-3.25d of this Code. The
professional practice component shall focus on the degree to
which a school district, as well as its individual schools, is
implementing evidence-based, best professional practices and
exhibiting continued improvement. Beginning with the 2015-2016
school year, the balanced accountability measure shall consist
of only the student performance component, which shall account
for 100% of the total balanced accountability measure. From the
2017-2018 school year through the 2022-2023 school year, the
State Board of Education and a Balanced Accountability Measure
Committee shall identify a number of school districts per the
designated school years to begin implementing the balanced
accountability measure, which includes both the student
performance and professional practice components. By the
2022-2023 school year, all school districts must be
implementing the balanced accountability measure, which
includes both components.
(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 Committee is abolished on
June 1, 2023.
The Balanced Accountability Measure Committee shall meet
no less than 4 times per year to discuss the accountability
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. Upon completion of the 2019-2020 school year,
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.
Using a Multiple Measure Index consistent with subsection
(a) of Section 2-3.25d of this Code, the student performance
component shall consist of the following subcategories, each of
which must be valued at 10%:
(1) achievement status;
(2) achievement growth; and
(3) Annual Measurable Objectives, as set forth in
subsection (b) of Section 2-3.25d of this Code.
Achievement status shall measure and assess college and career
readiness, as well as the graduation rate. Achievement growth
shall measure the school district's and its individual schools'
student growth via this State's growth value tables. Annual
Measurable Objectives shall measure the degree to which school
districts, as well as their individual schools, are closing

their achievement gaps among their student population and
subgroups.
The professional practice component shall consist of the
following subcategories:
(A) compliance;
(B) evidence-based best practices; and
(C) contextual improvement.
Compliance, which shall count for 10%, shall measure the degree
to which a school district and its individual schools meet the
current State compliance requirements. Evidence-based best
practices, which shall count for 30%, shall measure the degree
to which school districts and their individual schools are
adhering to a set of evidence-based quality standards and best
practice for effective schools that include (i) continuous
improvement, (ii) culture and climate, (iii) shared
leadership, (iv) governance, (v) education and employee
quality, (vi) family and community connections, and (vii)
student and learning development and are further developed in
consultation with the State Board of Education and the Balanced
Accountability Measure Committee set forth in this subsection
(b). Contextual improvement, which shall count for 30%, shall
provide school districts and their individual schools the
opportunity to demonstrate improved outcomes through local
data, including without limitation school climate, unique
characteristics, and barriers that impact the educational
environment and hinder the development and implementation of

action plans to address areas of school district and individual
school improvement. Each school district, in good faith
cooperation with its teachers or, where applicable, the
exclusive bargaining representatives of its teachers, shall
develop 2 measurable objectives to demonstrate contextual
improvement, each of which must be equally weighted. Each
school district shall begin such good faith cooperative
development of these objectives no later than 6 months prior to
the beginning of the school year in which the school district
is to implement the professional practice component of the
balanced accountability measure. The professional practice
component must be scored using trained peer review teams that
observe and verify school district practices using an
evidence-based framework.
The balanced accountability measure shall combine the
student performance and professional practice components into
one summative score based on 100 points at the school district
and individual-school level. A school district shall be
designated as "Exceeds Standards - Exemplar" if the overall
score is 100 to 90, "Meets Standards - Proficient" if the
overall score is 89 to 75, "Approaching Standards - Needs
Improvement" if the overall score is 74 to 60, and "Below
Standards - Unsatisfactory" if the overall score is 59 to 0.
The balanced accountability measure shall also detail both
incentives that reward school districts for continued improved
performance, as provided in Section 2-3.25c of this Code, and

consequences for school districts that fail to provide evidence
of continued improved performance, which may include
presentation of a barrier analysis, additional school board and
administrator training, or additional State assistance. Based
on its summative score, a school district may be exempt from
the balanced accountability measure for one or more school
years. The State Board of Education, in collaboration with the
Balanced Accountability Measure Committee set forth in this
subsection (b-5) (b), 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.)
(105 ILCS 5/2-3.25n)
Sec. 2-3.25n. Every Student Succeeds No Child Left Behind
Act; requirements and construction.
(a) The changes in the State accountability system made by
this amendatory Act of the 93rd General Assembly are a direct
result of the federal Every Student Succeeds Act No Child Left
Behind Act of 2001 (Public Law 107-110), which requires that
each state develop and implement a single, statewide
accountability system applicable to all schools and school
districts.
(b) As provided in the federal Every Student Succeeds Act
No Child Left Behind Act of 2001 (Public Law 107-110), nothing

in this amendatory Act of the 93rd General Assembly shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school district or school employees
under federal, State, or local law (including applicable rules,
regulations, or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.
(c) The State Board of Education may identify a school
district as eligible for targeted and comprehensive services
under the federal Every Student Succeeds Act.
(Source: P.A. 93-470, eff. 8-8-03.)
(105 ILCS 5/2-3.52A) (from Ch. 122, par. 2-3.52A)
Sec. 2-3.52A. Pilot programs. The To improve the quality of
teaching as a profession the State Board of Education may,
pursuant to the federal Every Student Succeeds Act and
appropriations for such purposes, establish educator
preparation pilot programs for teachers relating to clinical
schools, restructuring the teaching workplace, and providing
special assistance and support to beginning teachers. Such
programs shall be conducted in accordance with rules adopted by
the State Board of Education. Such rules shall provide for, but
not be limited to, advisory councils and annual reports on the
progress of the pilot programs.
(Source: P.A. 85-322.)

(105 ILCS 5/2-3.61a)
Sec. 2-3.61a. 21st Century Community Learning Center Grant
Program.
(a) The State Board of Education shall be the designated
agency responsible for the administration of programs under
Part I of Subchapter X of Chapter 70 of the federal Elementary
and Secondary Education Act of 1965.
(b) The State Board of Education shall establish and
implement a 21st Century Community Learning Center Grant
Program, in accordance with federal guidelines, to provide
grants to support whole child-focused academically focused
after-school programs that are aligned with the regular
academic programs of a school and the academic needs of
students. These grants shall be used to help those students who
attend high-poverty, low-performing schools meet State and
local performance standards in core academic subjects and, if
applicable, increase school day attendance and improve
social-emotional skills for students who attend high-poverty,
low-performing schools. These grants shall be used to help
those students who attend high-poverty, low-performing schools
meet State and local performance standards in core academic
subjects and to offer opportunities for families of
participating students to have meaningful engagement in their
children's education that are linked to learning and healthy
development outcomes opportunities for improved literacy and
related educational development. If appropriate, external

stakeholder feedback shall be gathered and used to inform the
grant application.
The State Board of Education shall award grants to eligible
applicants that are of sufficient size and scope to implement
support high-quality, effective after-school programs, to
ensure reasonable success of achieving the goals identified in
the grant application, and to offer those activities that are
necessary to achieve these goals and performance indicators and
measures with a direct link to student achievement.
(c) Using State funds, subject to appropriation, and any
federal funds received for this purpose, the State Board of
Education may establish any other grant programs that are
necessary to establish high-quality, academically based,
after-school programs that include family-centered education
activities.
(d) The State Board of Education may adopt any rules
necessary to implement this Section.
(Source: P.A. 93-374, eff. 7-24-03.)
(105 ILCS 5/2-3.64a-5)
Sec. 2-3.64a-5. State goals and assessment.
(a) For the assessment and accountability purposes of this
Section, "students" includes those students enrolled in a
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control, a charter school operating in compliance with

the Charter Schools Law, a school operated by a regional office
of education under Section 13A-3 of this Code, or a public
school administered by a local public agency or the Department
of Human Services.
(b) The State Board of Education shall establish the
academic standards that are to be applicable to students who
are subject to State assessments under this Section. The State
Board of Education shall not establish any such standards in
final form without first providing opportunities for public
participation and local input in the development of the final
academic standards. Those opportunities shall include a
well-publicized period of public comment and opportunities to
file written comments.
(c) Beginning no later than the 2014-2015 school year, the
State Board of Education shall annually assess all students
enrolled in grades 3 through 8 in English language arts and
mathematics.
Beginning no later than the 2017-2018 school year, the
State Board of Education shall annually assess all students in
science at one grade in grades 3 through 5, at one grade in
grades 6 through 8, and at one grade in grades 9 through 12.
The State Board of Education shall annually assess schools
that operate a secondary education program, as defined in
Section 22-22 of this Code, in English language arts and
mathematics. The State Board of Education shall administer no
more than 3 assessments, per student, of English language arts

and mathematics for students in a secondary education program.
One of these assessments shall include a college and career
ready determination that shall be recognized accepted by this
State's public institutions of higher education, as defined in
the Board of Higher Education Act, for the purpose of student
application or admissions consideration. The assessment
administered by the State Board of Education for the purpose of
student application to or admissions consideration by
institutions of higher education must be administered on a
school day during regular student attendance hours.
Students who do are not take the State's final
accountability assessment or its approved alternate assessment
assessed for college and career ready determinations may not
receive a regular high school diploma unless the student is
exempted from taking the State assessments under subsection (d)
of this Section because (i) the student's individualized
educational program developed under Article 14 of this Code
identifies the State assessment as inappropriate for the
student, (ii) the student is enrolled in a program of adult and
continuing education, as defined in the Adult Education Act,
(iii) the school district is not required to assess the
individual student for purposes of accountability under
federal No Child Left Behind Act of 2001 requirements, (iv) the
student has been determined to be an English learner and has
been enrolled in schools in the United States for less than 12
months, or (v) the student is otherwise identified by the State

Board of Education, through rules, as being exempt from the
assessment.
The State Board of Education shall not assess students
under this Section in subjects not required by this Section.
Districts shall inform their students of the timelines and
procedures applicable to their participation in every yearly
administration of the State assessments. The State Board of
Education shall establish periods of time in each school year
during which State assessments shall occur to meet the
objectives of this Section.
(d) Every individualized educational program as described
in Article 14 shall identify if the State assessment or
components thereof require accommodation are appropriate for
the student. The State Board of Education shall develop rules
governing the administration of an alternate assessment that
may be available to students for whom participation in this
State's regular assessments is not appropriate, even with
accommodations as allowed under this Section.
Students receiving special education services whose
individualized educational programs identify them as eligible
for the alternative State assessments nevertheless shall have
the option of also taking this State's regular final
accountability assessment that includes a college and career
ready determination, which shall be administered in accordance
with the eligible accommodations appropriate for meeting these
students' respective needs.

All students determined to be English learners shall
participate in the State assessments. The scores of , excepting
those students who have been enrolled in schools in the United
States for less than 12 months may not be used for the purposes
of accountability. Such students may be exempted from
participation in one annual administration of the English
language arts assessment. Any student determined to be an
English learner shall receive appropriate assessment
accommodations, including language supports, which shall be
established by rule. Approved assessment accommodations must
be provided until the student's English language skills develop
to the extent that the student is no longer considered to be an
English learner, as demonstrated through a State-identified
English language proficiency assessment.
(e) The results or scores of each assessment taken under
this Section shall be made available to the parents of each
student.
In each school year, the scores attained by a student on
the final accountability State assessment that includes a
college and career ready determination must be placed in the
student's permanent record pursuant to rules that the State
Board of Education shall adopt for that purpose in accordance
with Section 3 of the Illinois School Student Records Act. In
each school year, the scores attained by a student on the State
assessments administered in grades 3 through 8 must be placed
in the student's temporary record.

(f) All schools shall administer the State's an academic
assessment of English language proficiency in oral language
(listening and speaking) and reading and writing skills to all
children determined to be English learners.
(g) All schools in this State that are part of the sample
drawn by the National Center for Education Statistics, in
collaboration with their school districts and the State Board
of Education, shall administer the biennial academic
assessments under the National Assessment of Educational
Progress carried out under Section 411(b)(2) of the federal
National Education Statistics Act of 1994 (20 U.S.C. 9010) if
the U.S. Secretary of Education pays the costs of administering
the assessments.
(h) (Blank). Subject to available funds to this State for
the purpose of student assessment, the State Board of Education
shall provide additional assessments and assessment resources
that may be used by school districts for local assessment
purposes. The State Board of Education shall annually
distribute a listing of these additional resources.
(i) For the purposes of this subsection (i), "academically
based assessments" means assessments consisting of questions
and answers that are measurable and quantifiable to measure the
knowledge, skills, and ability of students in the subject
matters covered by the assessments. All assessments
administered pursuant to this Section must be academically
based assessments. The scoring of academically based

assessments shall be reliable, valid, and fair and shall meet
the guidelines for assessment development and use prescribed by
the American Psychological Association, the National Council
on Measurement in Education, and the American Educational
Research Association.
The State Board of Education shall review the use of all
assessment item types in order to ensure that they are valid
and reliable indicators of student performance aligned to the
learning standards being assessed and that the development,
administration, and scoring of these item types are justifiable
in terms of cost.
(j) The State Superintendent of Education shall appoint a
committee of no more than 21 members, consisting of parents,
teachers, school administrators, school board members,
assessment experts, regional superintendents of schools, and
citizens, to review the State assessments administered by the
State Board of Education. The Committee shall select one of its
members as its chairperson. The Committee shall meet on an
ongoing basis to review the content and design of the
assessments (including whether the requirements of subsection
(i) of this Section have been met), the time and money expended
at the local and State levels to prepare for and administer the
assessments, the collective results of the assessments as
measured against the stated purpose of assessing student
performance, and other issues involving the assessments
identified by the Committee. The Committee shall make periodic

recommendations to the State Superintendent of Education and
the General Assembly concerning the assessments.
(k) The State Board of Education may adopt rules to
implement this Section.
(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
revised 9-22-17.)
(105 ILCS 5/2-3.136)
Sec. 2-3.136. Funding for class Class size reduction grant
programs.
(a) Class size reduction funding shall assist A K-3 class
size reduction grant program is created. The program shall be
implemented and administered by the State Board of Education.
From appropriations made for purposes of this Section, the
State Board shall award grants to schools that meet the
criteria established by this Section subsection (a) for the
award of funds those grants.
(a-5) Funds Grants shall be awarded pursuant to
application. The form and manner of applications and the
criteria for the award of funds grants shall be prescribed by
the State Board of Education. The grant criteria as so
prescribed, however, shall provide that only those schools that
are identified as priority schools under Section 2-3.25d-5 of
this Code and that maintain grades kindergarten through 3 are
grant eligible.

Funding Grants awarded to eligible schools under this
Section subsection (a) shall be used and applied by the schools
to defray the costs and expenses of reducing class size to a
level that is evidence-based. If a school's facilities are
inadequate to allow for the specified class size, then funding
may be used for, but is not limited to, support for
professional learning. operating and maintaining classes in
grades kindergarten through 3 with an average class size within
a specific grade of no more than 20 pupils. If a school's
facilities are inadequate to allow for this specified class
size, then a school may use the grant funds for teacher aides
instead.
(b) (Blank). A K-3 pilot class size reduction grant program
is created. The program shall be implemented and administered
by the State Board of Education. From appropriations made for
purposes of this subsection (b), the State Board shall award
grants to schools that meet the criteria established by this
Section for the award of those grants.
Grants shall be awarded pursuant to application. The form
and manner of application and the criteria for the award of
grants shall be prescribed by the State Board of Education.
Grants awarded to eligible schools under this subsection
(b) shall be used and applied by the schools to defray the
costs and expenses of operating and maintaining classes in
grades kindergarten through 3 of no more than 15 pupils per
teacher per class. A teacher aide may not be used to meet this

requirement.
(c) (Blank). If a school board determines that a school is
using funds awarded under this Section for purposes not
authorized by this Section, then the school board, rather than
the school, shall determine how the funds are used.
(d) The State Board of Education shall adopt any rules,
consistent with the requirements of this Section, that are
necessary to implement and administer this Section the class
size reduction grant programs.
(Source: P.A. 99-193, eff. 7-30-15.)
(105 ILCS 5/2-3.153)
Sec. 2-3.153. Survey of learning conditions.
(a) The State Board of Education shall administer a climate
survey, identified by and paid for by the State Board of
Education, select for statewide administration an instrument
to provide feedback from, at a minimum, students in grades 4 6
through 12 and teachers on the instructional environment within
a school. Each after giving consideration to the
recommendations of the Performance Evaluation Advisory Council
made pursuant to subdivision (6) of subsection (a) of Section
24A-20 of this Code. Subject to appropriation to the State
Board of Education for the State's cost of development and
administration and, subject to subsections (b) and (c) of this
Section, each school district shall annually administer, at
least biennially, the climate survey instrument in every public

school attendance center by a date specified by the State
Superintendent of Education, and data resulting from the
instrument's administration must be provided to the State Board
of Education. The survey component that requires completion by
the teachers must be administered during teacher meetings or
professional development days or at other times that would not
interfere with the teachers' regular classroom and direct
instructional duties. The State Superintendent, following
consultation with teachers, principals, and other appropriate
stakeholders, shall publicly report on the survey selected
indicators of learning conditions resulting from
administration of the instrument at the individual school,
district, and State levels and shall identify whether the
indicators result from an anonymous administration of the
instrument. If in any year the appropriation to the State Board
of Education is insufficient for the State's costs associated
with statewide administration of the instrument, the State
Board of Education shall give priority to districts with
low-performing schools and a representative sample of other
districts.
(b) A school district may elect to use, on a district-wide
basis and at the school district's sole cost and expense, an
alternate climate survey of learning conditions instrument
pre-approved by the State Superintendent under subsection (c)
of this Section in lieu of the State-adopted climate survey
statewide survey instrument selected under subsection (a) of

this Section, provided that:
(1) the school district notifies the State Board of
Education, on a form provided by the State Superintendent,
of its intent to administer an alternate climate survey
instrument on or before a date established by the State
Superintendent for the 2014-2015 school year and August 1
of each subsequent school year during which the instrument
will be administered;
(2) the notification submitted to the State Board under
paragraph (1) of this subsection (b) must be accompanied by
a certification signed by the president of the local
teachers' exclusive bargaining representative and
president of the school board indicating that the alternate
survey has been agreed to by the teachers' exclusive
bargaining representative and the school board;
(3) the school district's administration of the
alternate instrument, including providing to the State
Board of Education data and reports suitable to be
published on school report cards and the State School
Report Card Internet website, is performed in accordance
with the requirements of subsection (a) of this Section;
and
(4) the alternate instrument is administered each
school year that the statewide survey instrument is
administered; if the statewide survey is not administrated
in a given school year, the school district is not required

to provide the alternative instrument in that given school
year.
(c) The State Superintendent, in consultation with
teachers, principals, superintendents, and other appropriate
stakeholders, shall administer an approval process through
which at least 2, but not more than 3, alternate survey of
learning conditions instruments will be approved by the State
Superintendent following a determination by the State
Superintendent that each approved instrument:
(1) meets all requirements of subsection (a) of this
Section;
(2) provides a summation of indicator results of the
alternative survey by a date established by the State
Superintendent in a manner that allows the indicator
results to be included on school report cards pursuant to
Section 10-17a of this Code by October 31 of the school
year following the instrument's administration;
(3) provides summary reports for each district and
attendance center intended for parents and community
stakeholders;
(4) meets scale reliability requirements using
accepted testing measures;
(5) provides research-based evidence linking
instrument content to one or more improved student
outcomes; and
(6) has undergone and documented testing to prove

validity and reliability.
The State Superintendent shall periodically review and update
the list of approved alternate survey instruments, provided
that at least 2, but no more than 3, alternate survey
instruments shall be approved for use during any school year.
(d) Nothing contained in this amendatory Act of the 98th
General Assembly repeals, supersedes, invalidates, or
nullifies final decisions in lawsuits pending on the effective
date of this amendatory Act of the 98th General Assembly in
Illinois courts involving the interpretation of Public Act
97-8.
(Source: P.A. 97-8, eff. 6-13-11; 97-813, eff. 7-13-12; 98-648,
eff. 7-1-14.)
(105 ILCS 5/10-21.3a)
Sec. 10-21.3a. Transfer of students.
(a) Each school board shall establish and implement a
policy governing the transfer of a student from one attendance
center to another within the school district upon the request
of the student's parent or guardian. Any request by a parent or
guardian to transfer his or her child from one attendance
center to another within the school district pursuant to
Section 1116 of the federal Elementary and Secondary Education
Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30
days after the parent or guardian receives notice of the right
to transfer pursuant to that law. A student may not transfer to

any of the following attendance centers, except by change in
residence if the policy authorizes enrollment based on
residence in an attendance area or unless approved by the board
on an individual basis:
(1) An attendance center that exceeds or as a result of
the transfer would exceed its attendance capacity.
(2) An attendance center for which the board has
established academic criteria for enrollment if the
student does not meet the criteria, provided that the
transfer must be permitted if the attendance center is the
only attendance center serving the student's grade that has
not been identified for school improvement, corrective
action, or restructuring under Section 1116 of the federal
Elementary and Secondary Education Act of 1965 (20 U.S.C.
Sec. 6316).
(3) Any attendance center if the transfer would prevent
the school district from meeting its obligations under a
State or federal law, court order, or consent decree
applicable to the school district.
(b) Each school board shall establish and implement a
policy governing the transfer of students within a school
district from a persistently dangerous school to another public
school in that district that is not deemed to be persistently
dangerous. In order to be considered a persistently dangerous
school, the school must meet all of the following criteria for
2 consecutive years:

(1) Have greater than 3% of the students enrolled in
the school expelled for violence-related conduct.
(2) Have one or more students expelled for bringing a
firearm to school as defined in 18 U.S.C. 921.
(3) Have at least 3% of the students enrolled in the
school exercise the individual option to transfer schools
pursuant to subsection (c) of this Section.
(c) A student may transfer from one public school to
another public school in that district if the student is a
victim of a violent crime as defined in Section 3 of the Rights
of Crime Victims and Witnesses Act. The violent crime must have
occurred on school grounds during regular school hours or
during a school-sponsored event.
(d) (Blank). Transfers made pursuant to subsections (b) and
(c) of this Section shall be made in compliance with the
federal No Child Left Behind Act of 2001 (Public Law 107-110).
(Source: P.A. 96-328, eff. 8-11-09.)
(105 ILCS 5/10-29)
Sec. 10-29. Remote educational programs.
(a) For purposes of this Section, "remote educational
program" means an educational program delivered to students in
the home or other location outside of a school building that
meets all of the following criteria:
(1) A student may participate in the program only after
the school district, pursuant to adopted school board

policy, and a person authorized to enroll the student under
Section 10-20.12b of this Code determine that a remote
educational program will best serve the student's
individual learning needs. The adopted school board policy
shall include, but not be limited to, all of the following:
(A) Criteria for determining that a remote
educational program will best serve a student's
individual learning needs. The criteria must include
consideration of, at a minimum, a student's prior
attendance, disciplinary record, and academic history.
(B) Any limitations on the number of students or
grade levels that may participate in a remote
educational program.
(C) A description of the process that the school
district will use to approve participation in the
remote educational program. The process must include
without limitation a requirement that, for any student
who qualifies to receive services pursuant to the
federal Individuals with Disabilities Education
Improvement Act of 2004, the student's participation
in a remote educational program receive prior approval
from the student's individualized education program
team.
(D) A description of the process the school
district will use to develop and approve a written
remote educational plan that meets the requirements of

subdivision (5) of this subsection (a).
(E) A description of the system the school district
will establish to determine student participation
calculate the number of clock hours a student is
participating in instruction in accordance with the
remote educational program.
(F) A description of the process for renewing a
remote educational program at the expiration of its
term.
(G) Such other terms and provisions as the school
district deems necessary to provide for the
establishment and delivery of a remote educational
program.
(2) The school district has determined that the remote
educational program's curriculum is aligned to State
learning standards and that the program offers instruction
and educational experiences consistent with those given to
students at the same grade level in the district.
(3) The remote educational program is delivered by
instructors that meet the following qualifications:
(A) they are certificated under Article 21 of this
Code;
(B) (blank); and they meet applicable highly
qualified criteria under the federal No Child Left
Behind Act of 2001; and
(C) they have responsibility for all of the

following elements of the program: planning
instruction, diagnosing learning needs, prescribing
content delivery through class activities, assessing
learning, reporting outcomes to administrators and
parents and guardians, and evaluating the effects of
instruction.
(4) During the period of time from and including the
opening date to the closing date of the regular school term
of the school district established pursuant to Section
10-19 of this Code, participation in a remote educational
program may be claimed for general State aid purposes under
Section 18-8.05 of this Code or evidence-based funding
purposes under Section 18-8.15 of this Code on any calendar
day, notwithstanding whether the day is a day of pupil
attendance or institute day on the school district's
calendar or any other provision of law restricting
instruction on that day. If the district holds year-round
classes in some buildings, the district shall classify each
student's participation in a remote educational program as
either on a year-round or a non-year-round schedule for
purposes of claiming general State aid or evidence-based
funding. Outside of the regular school term of the
district, the remote educational program may be offered as
part of any summer school program authorized by this Code.
(5) Each student participating in a remote educational
program must have a written remote educational plan that

has been approved by the school district and a person
authorized to enroll the student under Section 10-20.12b of
this Code. The school district and a person authorized to
enroll the student under Section 10-20.12b of this Code
must approve any amendment to a remote educational plan.
The remote educational plan must include, but is not
limited to, all of the following:
(A) Specific achievement goals for the student
aligned to State learning standards.
(B) A description of all assessments that will be
used to measure student progress, which description
shall indicate the assessments that will be
administered at an attendance center within the school
district.
(C) A description of the progress reports that will
be provided to the school district and the person or
persons authorized to enroll the student under Section
10-20.12b of this Code.
(D) Expectations, processes, and schedules for
interaction between a teacher and student.
(E) A description of the specific responsibilities
of the student's family and the school district with
respect to equipment, materials, phone and Internet
service, and any other requirements applicable to the
home or other location outside of a school building
necessary for the delivery of the remote educational

program.
(F) If applicable, a description of how the remote
educational program will be delivered in a manner
consistent with the student's individualized education
program required by Section 614(d) of the federal
Individuals with Disabilities Education Improvement
Act of 2004 or plan to ensure compliance with Section
504 of the federal Rehabilitation Act of 1973.
(G) A description of the procedures and
opportunities for participation in academic and
extra-curricular activities and programs within the
school district.
(H) The identification of a parent, guardian, or
other responsible adult who will provide direct
supervision of the program. The plan must include an
acknowledgment by the parent, guardian, or other
responsible adult that he or she may engage only in
non-teaching duties not requiring instructional
judgment or the evaluation of a student. The plan shall
designate the parent, guardian, or other responsible
adult as non-teaching personnel or volunteer personnel
under subsection (a) of Section 10-22.34 of this Code.
(I) The identification of a school district
administrator who will oversee the remote educational
program on behalf of the school district and who may be
contacted by the student's parents with respect to any

issues or concerns with the program.
(J) The term of the student's participation in the
remote educational program, which may not extend for
longer than 12 months, unless the term is renewed by
the district in accordance with subdivision (7) of this
subsection (a).
(K) A description of the specific location or
locations in which the program will be delivered. If
the remote educational program is to be delivered to a
student in any location other than the student's home,
the plan must include a written determination by the
school district that the location will provide a
learning environment appropriate for the delivery of
the program. The location or locations in which the
program will be delivered shall be deemed a long
distance teaching reception area under subsection (a)
of Section 10-22.34 of this Code.
(L) Certification by the school district that the
plan meets all other requirements of this Section.
(6) Students participating in a remote educational
program must be enrolled in a school district attendance
center pursuant to the school district's enrollment policy
or policies. A student participating in a remote
educational program must be tested as part of all
assessments administered by the school district pursuant
to Section 2-3.64a-5 of this Code at the attendance center

in which the student is enrolled and in accordance with the
attendance center's assessment policies and schedule. The
student must be included within all accountability
determinations for the school district and attendance
center under State and federal law.
(7) The term of a student's participation in a remote
educational program may not extend for longer than 12
months, unless the term is renewed by the school district.
The district may only renew a student's participation in a
remote educational program following an evaluation of the
student's progress in the program, a determination that the
student's continuation in the program will best serve the
student's individual learning needs, and an amendment to
the student's written remote educational plan addressing
any changes for the upcoming term of the program.
For purposes of this Section, a remote educational program
does not include instruction delivered to students through an
e-learning program approved under Section 10-20.56 of this
Code.
(b) A school district may, by resolution of its school
board, establish a remote educational program.
(c) (Blank). Clock hours of instruction by students in a
remote educational program meeting the requirements of this
Section may be claimed by the school district and shall be
counted as school work for general State aid purposes in
accordance with and subject to the limitations of Section

18-8.05 of this Code or evidence-based funding purposes in
accordance with and subject to the limitations of Section
18-8.15 of this Code.
(d) The impact of remote educational programs on wages,
hours, and terms and conditions of employment of educational
employees within the school district shall be subject to local
collective bargaining agreements.
(e) The use of a home or other location outside of a school
building for a remote educational program shall not cause the
home or other location to be deemed a public school facility.
(f) A remote educational program may be used, but is not
required, for instruction delivered to a student in the home or
other location outside of a school building that is not claimed
for general State aid purposes under Section 18-8.05 of this
Code or evidence-based funding purposes under Section 18-8.15
of this Code.
(g) School districts that, pursuant to this Section, adopt
a policy for a remote educational program must submit to the
State Board of Education a copy of the policy and any
amendments thereto, as well as data on student participation in
a format specified by the State Board of Education. The State
Board of Education may perform or contract with an outside
entity to perform an evaluation of remote educational programs
in this State.
(h) The State Board of Education may adopt any rules
necessary to ensure compliance by remote educational programs

with the requirements of this Section and other applicable
legal requirements.
(Source: P.A. 99-193, eff. 7-30-15; 99-194, eff. 7-30-15;
99-642, eff. 7-28-16; 100-465, eff. 8-31-17.)
(105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
Sec. 34-1.1. Definitions. As used in this Article:
"Academic Accountability Council" means the Chicago
Schools Academic Accountability Council created under Section
34-3.4.
"Local School Council" means a local school council
established under Section 34-2.1.
"School" and "attendance center" are used interchangeably
to mean any attendance center operated pursuant to this Article
and under the direction of one principal.
"Secondary Attendance Center" means a school which has
students enrolled in grades 9 through 12 (although it may also
have students enrolled in grades below grade 9).
"Local Attendance Area School" means a school which has a
local attendance area established by the board.
"Multi-area school" means a school other than a local
attendance area school.
"Contract school" means an attendance center managed and
operated by a for-profit or not-for-profit private entity
retained by the board to provide instructional and other
services to a majority of the pupils enrolled in the attendance

center.
"Contract turnaround school" means an experimental
contract school created by the board to implement alternative
governance in an attendance center subject to restructuring or
similar intervention under federal law that has not made
adequate yearly progress for 5 consecutive years or a time
period set forth in federal law.
"Parent" means a parent or legal guardian of an enrolled
student of an attendance center.
"Community resident" means a person, 18 years of age or
older, residing within an attendance area served by a school,
excluding any person who is a parent of a student enrolled in
that school; provided that with respect to any multi-area
school, community resident means any person, 18 years of age or
older, residing within the voting district established for that
school pursuant to Section 34-2.1c, excluding any person who is
a parent of a student enrolled in that school.
"School staff" means all certificated and uncertificated
school personnel, including all teaching and administrative
staff (other than the principal) and including all custodial,
food service and other civil service employees, who are
employed at and assigned to perform the majority of their
employment duties at one attendance center served by the same
local school council.
"Regular meetings" means the meeting dates established by
the local school council at its annual organizational meeting.

(Source: P.A. 96-105, eff. 7-30-09.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment and
maintenance throughout the year or for such portion thereof
as it may direct, not less than 9 months, of schools of all
grades and kinds, including normal schools, high schools,
night schools, schools for defectives and delinquents,
parental and truant schools, schools for the blind, the
deaf and persons with physical disabilities, schools or
classes in manual training, constructural and vocational
teaching, domestic arts and physical culture, vocation and
extension schools and lecture courses, and all other
educational courses and facilities, including
establishing, equipping, maintaining and operating
playgrounds and recreational programs, when such programs
are conducted in, adjacent to, or connected with any public
school under the general supervision and jurisdiction of
the board; provided that the calendar for the school term
and any changes must be submitted to and approved by the
State Board of Education before the calendar or changes may
take effect, and provided that in allocating funds from

year to year for the operation of all attendance centers
within the district, the board shall ensure that
supplemental general State aid or supplemental grant funds
are allocated and applied in accordance with Section 18-8,
18-8.05, or 18-8.15. To admit to such schools without
charge foreign exchange students who are participants in an
organized exchange student program which is authorized by
the board. The board shall permit all students to enroll in
apprenticeship programs in trade schools operated by the
board, whether those programs are union-sponsored or not.
No student shall be refused admission into or be excluded
from any course of instruction offered in the common
schools by reason of that student's sex. No student shall
be denied equal access to physical education and
interscholastic athletic programs supported from school
district funds or denied participation in comparable
physical education and athletic programs solely by reason
of the student's sex. Equal access to programs supported
from school district funds and comparable programs will be
defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this
Article, neither the board of education nor any local
school council or other school official shall recommend
that children with disabilities be placed into regular
education classrooms unless those children with

disabilities are provided with supplementary services to
assist them so that they benefit from the regular classroom
instruction and are included on the teacher's regular
education class register;
2. To furnish lunches to pupils, to make a reasonable
charge therefor, and to use school funds for the payment of
such expenses as the board may determine are necessary in
conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or quasi-public
libraries and museums for the use of their facilities by
teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties for
the purpose of treating the pupils in the schools, but
accepting such treatment shall be optional with parents or
guardians;
6. To grant the use of assembly halls and classrooms
when not otherwise needed, including light, heat, and
attendants, for free public lectures, concerts, and other
educational and social interests, free of charge, under
such provisions and control as the principal of the
affected attendance center may prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or segregated
in any such school on account of his color, race, sex, or
nationality. The board shall take into consideration the

prevention of segregation and the elimination of
separation of children in public schools because of color,
race, sex, or nationality. Except that children may be
committed to or attend parental and social adjustment
schools established and maintained either for boys or girls
only. All records pertaining to the creation, alteration or
revision of attendance areas shall be open to the public.
Nothing herein shall limit the board's authority to
establish multi-area attendance centers or other student
assignment systems for desegregation purposes or
otherwise, and to apportion the pupils to the several
schools. Furthermore, beginning in school year 1994-95,
pursuant to a board plan adopted by October 1, 1993, the
board shall offer, commencing on a phased-in basis, the
opportunity for families within the school district to
apply for enrollment of their children in any attendance
center within the school district which does not have
selective admission requirements approved by the board.
The appropriate geographical area in which such open
enrollment may be exercised shall be determined by the
board of education. Such children may be admitted to any
such attendance center on a space available basis after all
children residing within such attendance center's area
have been accommodated. If the number of applicants from
outside the attendance area exceed the space available,
then successful applicants shall be selected by lottery.

The board of education's open enrollment plan must include
provisions that allow low income students to have access to
transportation needed to exercise school choice. Open
enrollment shall be in compliance with the provisions of
the Consent Decree and Desegregation Plan cited in Section
34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ principals
and teachers, appointed as provided in this Article, and
fix their compensation. The board shall prepare such
reports related to minimal competency testing as may be
requested by the State Board of Education, and in addition
shall monitor and approve special education and bilingual
education programs and policies within the district to

assure that appropriate services are provided in
accordance with applicable State and federal laws to
children requiring services and education in those areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher holding
a valid certificate, directly engaged in teaching subject
matter or conducting activities; provided that the teacher
shall be continuously aware of the non-certificated
persons' activities and shall be able to control or modify
them. The general superintendent shall determine
qualifications of such personnel and shall prescribe rules
for determining the duties and activities to be assigned to
such personnel;
10.5. To utilize volunteer personnel from a regional
School Crisis Assistance Team (S.C.A.T.), created as part
of the Safe to Learn Program established pursuant to

Section 25 of the Illinois Violence Prevention Act of 1995,
to provide assistance to schools in times of violence or
other traumatic incidents within a school community by
providing crisis intervention services to lessen the
effects of emotional trauma on individuals and the
community; the School Crisis Assistance Team Steering
Committee shall determine the qualifications for
volunteers;
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed
one school radio transmitting station and provide programs
for educational purposes;
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of
Illinois, or adjacent states, and to use school educational
funds for the expense of the said outdoor educational
programs, whether within the school district or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in the
program of the schools during the regular school term and

to give regular school credit for satisfactory completion
by the student of such courses as may be approved for
credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict Councils
or of any member, officer, agent or employee thereof,
resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or
from the wrongful or negligent act or omission of any such
person whether occurring within or without the school
premises, provided the officer, agent or employee was, at
the time of the alleged violation of civil rights or
wrongful act or omission, acting within the scope of his
employment or under direction of the board, the former
School Board Nominating Commission, the Chicago Schools
Academic Accountability Council, Local School Councils, or
the former Subdistrict Councils; and to provide for or
participate in insurance plans for its officers and
employees, including but not limited to retirement
annuities, medical, surgical and hospitalization benefits
in such types and amounts as may be determined by the
board; provided, however, that the board shall contract for
such insurance only with an insurance company authorized to
do business in this State. Such insurance may include

provision for employees who rely on treatment by prayer or
spiritual means alone for healing, in accordance with the
tenets and practice of a recognized religious
denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the case
may be, to provide for the regulation of traffic in parking
areas of property used for school purposes, in such manner
as is provided by Section 11-209 of The Illinois Vehicle
Code, approved September 29, 1969, as amended;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the
official recruiting representatives of the armed forces of
Illinois and the United States for the purposes of
informing students of the educational and career
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is
to acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons
and groups. In this paragraph 16, "directory information"
means a high school student's name, address, and telephone
number.
(b) If a student or his or her parent or guardian
submits a signed, written request to the high school before

the end of the student's sophomore year (or if the student
is a transfer student, by another time set by the high
school) that indicates that the student or his or her
parent or guardian does not want the student's directory
information to be provided to official recruiting
representatives under subsection (a) of this Section, the
high school may not provide access to the student's
directory information to these recruiting representatives.
The high school shall notify its students and their parents
or guardians of the provisions of this subsection (b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the
United States to pay a fee for copying and mailing a
student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting
representative under this Section may be used only to
provide information to students concerning educational and
career opportunities available in the military and may not
be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school district

or through the utilization of the school district resources
or facilities. The employee who developed the computer
program shall be entitled to share in the proceeds of such
sale or marketing of the computer program. The distribution
of such proceeds between the employee and the school
district shall be as agreed upon by the employee and the
school district, except that neither the employee nor the
school district may receive more than 90% of such proceeds.
The negotiation for an employee who is represented by an
exclusive bargaining representative may be conducted by
such bargaining representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data in
order to achieve a certain result.
(3) "Proceeds" means profits derived from
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve contracts
and expenditures in amounts of $10,000 or less;

19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which is
equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a county
with a population of 3,000,000 or more, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or a housing authority of a municipality
with a population of 500,000 or more that a debt is due and
owing the municipality, the county, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority by an employee
of the Chicago Board of Education, to withhold, from the
compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan

Water Reclamation District, the Chicago Transit Authority,
or the housing authority; provided, however, that the
amount deducted from any one salary or wage payment shall
not exceed 25% of the net amount of the payment. Before the
Board deducts any amount from any salary or wage of an
employee under this paragraph, the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority shall certify that (i) the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or the housing authority and
(ii) the employee has received notice of a wage deduction
order and has been afforded an opportunity for a hearing to
object to the order. For purposes of this paragraph, "net
amount" means that part of the salary or wage payment
remaining after the deduction of any amounts required by
law to be deducted and "debt due and owing" means (i) a
specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority for services, work, or goods, after the period

granted for payment has expired, or (ii) a specified sum of
money owed to the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority pursuant to a
court order or order of an administrative hearing officer
after the exhaustion of, or the failure to exhaust,
judicial review;
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990. Each
counselor shall spend at least 75% of his work time in
direct contact with students and shall maintain a record of
such time;
21. To make available to students vocational and career
counseling and to establish 5 special career counseling
days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall be
given to counseling minority students as to career
opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a person
who is any of the following:
(a) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
Counseling days shall not be in lieu of regular school
days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from or otherwise leave bilingual
programs;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or

federal law, to permit school officials to withhold, from
any person, information on the whereabouts of any child
removed from school premises when the child has been taken
into protective custody as a victim of suspected child
abuse. School officials shall direct such person to the
Department of Children and Family Services, or to the local
law enforcement agency if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing schools
to meet current or projected demographic patterns within
the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
certified teachers, by allowing credit for professional
employment in related fields when determining point of
entry on teacher pay scale;

27. To provide or contract out training programs for
administrative personnel and principals with revised or
expanded duties pursuant to this Act in order to assure
they have the knowledge and skills to perform their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section 34-2.3.
Nothing in this paragraph shall be construed to require any
additional appropriations of State funds for this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or
any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees and
the recall of such employees, including, but not limited
to, criteria for such layoffs, reductions in force or

recall rights of such employees and the weight to be given
to any particular criterion. Such criteria shall take into
account factors including, but not be limited to,
qualifications, certifications, experience, performance
ratings or evaluations, and any other factors relating to
an employee's job performance;
32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors;
33. (Blank); and To enter into a partnership agreement,
as required by Section 34-3.5 of this Code, and,
notwithstanding any other provision of law to the contrary,
to promulgate policies, enter into contracts, and take any
other action necessary to accomplish the objectives and
implement the requirements of that agreement; and
34. To establish a Labor Management Council to the
board comprised of representatives of the board, the chief
executive officer, and those labor organizations that are
the exclusive representatives of employees of the board and
to promulgate policies and procedures for the operation of
the Council.
The specifications of the powers herein granted are not to
be construed as exclusive but the board shall also exercise all
other powers that they may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or
provisions of this Code which apply to all school districts.

In addition to the powers herein granted and authorized to
be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17.)
(105 ILCS 5/34-18.24)
Sec. 34-18.24. Transfer of students.
(a) The board shall establish and implement a policy
governing the transfer of a student from one attendance center
to another within the school district upon the request of the
student's parent or guardian. Any request by a parent or
guardian to transfer his or her child from one attendance
center to another within the school district pursuant to
Section 1116 of the federal Elementary and Secondary Education
Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30
days after the parent or guardian receives notice of the right
to transfer pursuant to that law. A student may not transfer to
any of the following attendance centers, except by change in
residence if the policy authorizes enrollment based on
residence in an attendance area or unless approved by the board
on an individual basis:
(1) An attendance center that exceeds or as a result of
the transfer would exceed its attendance capacity.
(2) An attendance center for which the board has

established academic criteria for enrollment if the
student does not meet the criteria, provided that the
transfer must be permitted if the attendance center is the
only attendance center serving the student's grade that has
not been identified for school improvement, corrective
action, or restructuring under Section 1116 of the federal
Elementary and Secondary Education Act of 1965 (20 U.S.C.
Sec. 6317).
(3) Any attendance center if the transfer would prevent
the school district from meeting its obligations under a
State or federal law, court order, or consent decree
applicable to the school district.
(b) The board shall establish and implement a policy governing
the transfer of students within the school district from a
persistently dangerous attendance center to another attendance
center in that district that is not deemed to be persistently
dangerous. In order to be considered a persistently dangerous
attendance center, the attendance center must meet all of the
following criteria for 2 consecutive years:
(1) Have greater than 3% of the students enrolled in
the attendance center expelled for violence-related
conduct.
(2) Have one or more students expelled for bringing a
firearm to school as defined in 18 U.S.C. 921.
(3) Have at least 3% of the students enrolled in the
attendance center exercise the individual option to

transfer attendance centers pursuant to subsection (c) of
this Section.
(c) A student may transfer from one attendance center to
another attendance center within the district if the student is
a victim of a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act. The violent crime
must have occurred on school grounds during regular school
hours or during a school-sponsored event.
(d) (Blank). Transfers made pursuant to subsections (b) and
(c) of this Section shall be made in compliance with the
federal No Child Left Behind Act of 2001 (Public Law 107-110).
(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
(105 ILCS 5/2-3.25d rep.)
(105 ILCS 5/10-20.39 rep.)
(105 ILCS 5/21B-200 rep.)
(105 ILCS 5/34-3.5 rep.)
(105 ILCS 5/34-18.31 rep.)
Section 10. The School Code is amended by repealing
Sections 2-3.25d, 10-20.39, 21B-200, 34-3.5, and 34-18.31.