Bill Text: IL SB1401 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the School Code. Adds certain data that must be included in school report cards prepared by the State Superintendent of Education. In provisions concerning school social workers, school nurses, school counselors, school psychologists, and speech-language pathologists, sets limits on caseloads. Makes related changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB1401 Detail]

Download: Illinois-2023-SB1401-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1401 Introduced 2/6/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-17a from Ch. 122, par. 10-17a
105 ILCS 5/10-20.65
105 ILCS 5/10-22.23 from Ch. 122, par. 10-22.23
105 ILCS 5/10-22.24a from Ch. 122, par. 10-22.24a
105 ILCS 5/14-1.09 from Ch. 122, par. 14-1.09
105 ILCS 5/14-6.03
Amends the School Code. Adds certain data that must be included in school report cards prepared by the State Superintendent of Education. In provisions concerning school social workers, school nurses, school counselors, school psychologists, and speech-language pathologists, sets limits on caseloads. Makes related changes. Effective immediately.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
10-17a, 10-20.65, 10-22.23, 10-22.24a, 14-1.09, and 14-6.03 as
follows:
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economical means provide to each school
district in this State, including special charter districts
and districts subject to the provisions of Article 34, the
report cards for the school district and each of its schools.
Because of the impacts of the COVID-19 public health emergency
during school year 2020-2021, the State Board of Education
shall have until December 31, 2021 to prepare and provide the
report cards that would otherwise be due by October 31, 2021.
During a school year in which the Governor has declared a
disaster due to a public health emergency pursuant to Section

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7 of the Illinois Emergency Management Agency Act, the report
cards for the school districts and each of its schools shall be
prepared by December 31.
(2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators
and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners, the number of
students who graduate from a bilingual or English learner
program, and the number of students who graduate from,
transfer from, or otherwise leave bilingual programs; the
percentage of students who have individualized education
plans or 504 plans that provide for special education
services; the average number of students who have
individualized education plans or 504 plans that provide
for special education services per licensed special
educator; the number and percentage of all students who
have been assessed for placement in a gifted education or
advanced academic program and, of those students: (i) the
racial and ethnic breakdown, (ii) the percentage who are

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classified as low-income, and (iii) the number and
percentage of students who received direct instruction
from a teacher who holds a gifted education endorsement
and, of those students, the percentage who are classified
as low-income; the percentage of students scoring at the
"exceeds expectations" level on the assessments required
under Section 2-3.64a-5 of this Code; the percentage of
students who annually transferred in or out of the school
district; average daily attendance; the per-pupil
operating expenditure of the school district; and the
per-pupil State average operating expenditure for the
district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, computer science
courses, school personnel resources (including Career
Technical Education teachers), before and after school
programs, extracurricular activities, subjects in which
elective classes are offered, health and wellness
initiatives (including the average number of days of
Physical Education per week per student), approved
programs of study, awards received, community
partnerships, and special programs such as programming for
the gifted and talented, students with disabilities, and
work-study students;

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(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating
from high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned
5 credits or more without failing more than one core
class, a measure of students entering kindergarten ready
to learn, a measure of growth, and the percentage of
students who enter high school on track for college and
career readiness;
(E) the school environment, including, where
applicable, high school dropout rate by grade level, the
percentage of students with less than 10 absences in a
school year, the percentage of teachers with less than 10

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absences in a school year for reasons other than
professional development, leaves taken pursuant to the
federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program
or advanced academic program and the manner in which
parents and guardians are made aware of the process and
criteria, the number of teachers who are National Board
Certified Teachers, disaggregated by race and ethnicity,
the average number of students per licensed school social
worker, school nurse, school counselor, and school
psychologist, 2 or more indicators from any school climate
survey selected or approved by the State and administered
pursuant to Section 2-3.153 of this Code, with the same or
similar indicators included on school report cards for all
surveys selected or approved by the State pursuant to
Section 2-3.153 of this Code, the combined percentage of
teachers rated as proficient or excellent in their most
recent evaluation, and, beginning with the 2022-2023
school year, data on the number of incidents of violence
that occurred on school grounds or during school-related

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activities and that resulted in an out-of-school
suspension, expulsion, or removal to an alternative
setting, as reported pursuant to Section 2-3.162;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of
the State of Illinois in the prior fiscal year for the
school's employees, which shall be reported to the State
Board of Education by the Teachers' Retirement System of
the State of Illinois;
(H) for a school district organized under Article 34
of this Code only, State contributions to the Public
School Teachers' Pension and Retirement Fund of Chicago
and State contributions for health care for employees of
that school district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as

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defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs;
(M) whether or not the school has participated in the
Illinois Youth Survey. In this paragraph (M), "Illinois
Youth Survey" means a self-report survey, administered in
school settings every 2 years, designed to gather
information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12; and
(N) whether the school offered its students career and
technical education opportunities.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive

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

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

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the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of
the report card will be sent to parents upon request, and (iv)
the telephone number that parents may call to request a
printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594,
eff. 7-1-22; 102-813, eff. 5-13-22.)
(105 ILCS 5/10-20.65)
Sec. 10-20.65. School social worker. As used in this
Section, "caseload" means the number of students assigned to
an individual school social worker.
A school board may employ school social workers who have
graduated with a master's or higher degree in social work from
an accredited graduate school of social work and have such
additional qualifications as may be required by the State
Board of Education and who hold a Professional Educator
License with a school support personnel endorsement for school

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social work pursuant to Section 21B-25 of this Code. Only
persons so licensed and endorsed may use the title "school
social worker". A school social worker may provide individual
and group services to the general student population and to
students with disabilities pursuant to Article 14 of this Code
and rules set forth in 23 Ill. Adm. Code 226, Special
Education, adopted by the State Board of Education and may
provide support and consultation to administrators, teachers,
and other school personnel consistent with their professional
qualifications and the provisions of this Code and other
applicable laws. Individual caseloads of school social workers
may not exceed 250 students. Nothing in this Section prohibits
an employer and an exclusive bargaining representative from
negotiating a lower caseload or a process for lowering the
caseload for school social workers. School districts may
employ a sufficient number of school social workers to address
the needs of their students and schools and may maintain the
nationally recommended student-to-school social worker ratio
of 250 to 1. A school social worker may not provide such
services outside of the school social worker's his or her
employment to any student in the district or districts that
employ the school social worker.
(Source: P.A. 100-356, eff. 8-25-17; 100-863, eff. 8-14-18.)
(105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
Sec. 10-22.23. School Nurse. As used in this Section,

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"caseload" means the number of students assigned to an
individual school nurse.
To employ a registered professional nurse and define the
duties of the school nurse within the guidelines of rules and
regulations promulgated by the State Board of Education. Any
school nurse first employed on or after July 1, 1976, whose
duties require teaching or the exercise of instructional
judgment or educational evaluation of pupils, must be licensed
under Section 21B-25 of this Code. School districts may employ
nonlicensed registered professional nurses to perform
professional nursing services. Individual caseloads of school
nurses may not exceed 750 students. Nothing in this Section
prohibits an employer and an exclusive bargaining
representative from negotiating a lower caseload or a process
for lowering the caseload for school nurses.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/10-22.24a) (from Ch. 122, par. 10-22.24a)
Sec. 10-22.24a. School counselor. As used in this Section,
"caseload" means the number of students assigned to an
individual school counselor.
To employ school counselors. A school counselor is a
qualified specialist who holds a Professional Educator License
with a school support personnel endorsement in the area of
school counseling issued pursuant to Section 21B-25 of this
Code and who either (i) holds or is qualified for an

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elementary, secondary, special K-12, or special preschool-age
22 endorsement on a Professional Educator License issued
pursuant to Section 21B-20 or 21B-25 of this Code or (ii) in
lieu of holding or qualifying for a teaching endorsement on a
Professional Educator License, has fulfilled such other
requirements as the State Board of Education may by rule
establish. An individual who has completed an approved program
in another state may apply for a Professional Educator License
endorsed in school counseling and shall receive such a license
if a review of the individual's his or her credentials
indicates that the individual he or she meets the additional
requirements of this Section. Only persons so licensed and
endorsed may use the title "school counselor". Individual
caseloads of school counselors may not exceed 250 students.
Nothing in this Section prohibits an employer and an exclusive
bargaining representative from negotiating a lower caseload or
a process for lowering the caseload for school counselors.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/14-1.09) (from Ch. 122, par. 14-1.09)
Sec. 14-1.09. School psychologist. In this Section:
"Caseload" means the number of students assigned to an
individual school psychologist.
"School psychologist" means a psychologist who meets the
following qualifications:
(1) The psychologist:

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(A) has graduated with a master's or higher degree
in psychology or educational psychology from an
institution of higher learning that maintains
equipment, courses of study, and standards of
scholarship approved by the State Board of Education,
has had at least one school year of full-time
supervised experience in the delivery of school
psychological services of a character approved by the
State Superintendent of Education, and has such
additional qualifications as may be required by the
State Board of Education; or
(B) holds a valid Nationally Certified School
Psychologist (NCSP) credential.
(2) The psychologist holds a Professional Educator
License with a school psychologist endorsement issued
pursuant to Section 21B-25 of this Code. Persons so
licensed may use the title "school psychologist" and may
offer school psychological services which are limited to
those services set forth in 23 Ill. Adm. Code 226, Special
Education, pertaining to children between the ages of 3 to
21, promulgated by the State Board of Education.
School psychologists may make evaluations, recommendations
or interventions regarding the placement of children in
educational programs or special education classes. Individual
caseloads of school psychologists may not exceed 500 students.
Nothing in this Section prohibits an employer and an exclusive

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bargaining representative from negotiating a lower caseload or
a process for lowering the caseload for school psychologists.
A However, a school psychologist shall not provide such
services outside of the school psychologist's his or her
employment to any student in the district or districts which
employ such school psychologist.
(Source: P.A. 100-750, eff. 8-10-18.)
(105 ILCS 5/14-6.03)
Sec. 14-6.03. Speech-language pathology assistants.
(a) Except as otherwise provided in this subsection, on or
after January 1, 2002, no person shall perform the duties of a
speech-language pathology assistant without first applying for
and receiving a license for that purpose from the Department
of Professional Regulation. A person employed as a
speech-language pathology assistant in any class, service, or
program authorized by this Article may perform only those
duties authorized by this Section under the supervision of a
speech-language pathologist as provided in this Section. This
Section does not apply to speech-language pathology
paraprofessionals approved by the State Board of Education.
(b) As used in this subsection (b), "caseload" means the
number of students assigned to an individual.
A speech-language pathology assistant may not be assigned
his or her own student caseload. The student caseload limit of
a speech-language pathologist who supervises any

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speech-language pathology assistants shall be determined by
the severity of the needs of the students served by the
speech-language pathologist. Individual caseloads of
speech-language pathologists may not exceed 60 students.
Nothing in this Section prohibits an employer and an exclusive
bargaining representative from negotiating a lower caseload or
a process for lowering the caseload for speech-language
pathologists. A full-time speech-language pathologist's
caseload limit may not exceed 80 students (60 students on or
after September 1, 2003) at any time. The caseload limit of a
part-time speech-language pathologist shall be determined by
multiplying the caseload limit of a full-time speech-language
pathologist by a percentage that equals the number of hours
worked by the part-time speech-language pathologist divided by
the number of hours worked by a full-time speech-language
pathologist in that school district. Employment of a
speech-language pathology assistant may not increase or
decrease the caseload of the supervising speech-language
pathologist.
(c) A school district that intends to utilize the services
of a speech-language pathology assistant must provide written
notification to the parent or guardian of each student who
will be served by a speech-language pathology assistant.
(d) The scope of responsibility of a speech-language
pathology assistant shall be limited to supplementing the role
of the speech-language pathologist in implementing the

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treatment program established by a speech-language
pathologist. The functions and duties of a speech-language
pathology assistant shall be limited to the following:
(1) Conducting speech-language screening, without
interpretation, and using screening protocols selected by
the supervising speech-language pathologist.
(2) Providing direct treatment assistance to students
under the supervision of a speech-language pathologist.
(3) Following and implementing documented treatment
plans or protocols developed by a supervising
speech-language pathologist.
(4) Documenting student progress toward meeting
established objectives, and reporting the information to a
supervising speech-language pathologist.
(5) Assisting a speech-language pathologist during
assessments, including, but not limited to, assisting with
formal documentation, preparing materials, and performing
clerical duties for a supervising speech-language
pathologist.
(6) Acting as an interpreter for non-English speaking
students and their family members when competent to do so.
(7) Scheduling activities and preparing charts,
records, graphs, and data.
(8) Performing checks and maintenance of equipment,
including, but not limited to, augmentative communication
devices.

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(9) Assisting with speech-language pathology research
projects, in-service training, and family or community
education.
(e) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized diagnostic
tests or formal or informal evaluations or interpret test
results;
(2) screen or diagnose students for feeding or
swallowing disorders;
(3) participate in parent conferences, case
conferences, or any interdisciplinary team without the
presence of the supervising speech-language pathologist;
(4) provide student or family counseling;
(5) write, develop, or modify a student's
individualized treatment plan;
(6) assist with students without following the
individualized treatment plan prepared by the supervising
speech-language pathologist;
(7) sign any formal documents, such as treatment
plans, reimbursement forms, or reports;
(8) select students for services;
(9) discharge a student from services;
(10) disclose clinical or confidential information,
either orally or in writing, to anyone other than the
supervising speech-language pathologist;
(11) make referrals for additional services;

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(12) counsel or consult with the student, family, or
others regarding the student's status or service;
(13) represent himself or herself to be a
speech-language pathologist or a speech therapist;
(14) use a checklist or tabulate results of feeding or
swallowing evaluations; or
(15) demonstrate swallowing strategies or precautions
to students, family, or staff.
(f) A speech-language pathology assistant shall practice
only under the supervision of a speech-language pathologist
who has at least 2 years experience in addition to the
supervised professional experience required under subsection
(f) of Section 8 of the Illinois Speech-Language Pathology and
Audiology Practice Act. A speech-language pathologist who
supervises a speech-language pathology assistant must have
completed at least 10 clock hours of training in the
supervision of speech-language pathology assistants. The State
Board of Education shall promulgate rules describing the
supervision training requirements. The rules may allow a
speech-language pathologist to apply to the State Board of
Education for an exemption from this training requirement
based upon prior supervisory experience.
(g) A speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at
least 30% of the speech-language pathology assistant's actual
student contact time per student for the first 90 days of

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initial employment as a speech-language pathology assistant.
Thereafter, the speech-language pathology assistant must be
under the direct supervision of a speech-language pathologist
at least 20% of the speech-language pathology assistant's
actual student contact time per student. Supervision of a
speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the
discretion of the supervising speech-language pathologist. A
supervising speech-language pathologist must be available to
communicate with a speech-language pathology assistant
whenever the assistant is in contact with a student.
(h) A speech-language pathologist that supervises a
speech-language pathology assistant must document direct
supervision activities. At a minimum, supervision
documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's
performance of assigned duties and (ii) verification that
clinical activity is limited to duties specified in this
Section.
(i) A full-time speech-language pathologist may supervise
no more than 2 speech-language pathology assistants. A
speech-language pathologist that does not work full-time may
supervise no more than one speech-language pathology
assistant.
(Source: P.A. 92-510, eff. 6-1-02.)
Section 99. Effective date. This Act takes effect upon

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becoming law.