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1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The School Code is amended by changing Sections
5		10-22.39, 10-27.1A, 18-8.15, 27-23.7, and 34-18.8 and by
6		renumbering and changing Section 22-85, as added by Public Act
7		101-478, as follows:
8		(105 ILCS 5/10-22.39)
9		Sec. 10-22.39. In-service training programs.
10		(a) To conduct in-service training programs for teachers.
11		(b) In addition to other topics at in-service training
12		programs, at least once every 2 years, licensed school
13		personnel and administrators who work with pupils in
14		kindergarten through grade 12 shall be trained to identify the
15		warning signs of mental illness and suicidal behavior in youth
16		and shall be taught appropriate intervention and referral
17		techniques. A school district may utilize the Illinois Mental
18		Health First Aid training program, established under the
19		Illinois Mental Health First Aid Training Act and administered
20		by certified instructors trained by a national association
21		recognized as an authority in behavioral health, to provide
22		the training and meet the requirements under this subsection.
23		If licensed school personnel or an administrator obtains

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1		mental health first aid training outside of an in-service
2		training program, he or she may present a certificate of
3		successful completion of the training to the school district
4		to satisfy the requirements of this subsection.
5		(c) School guidance counselors, nurses, teachers and other
6		school personnel who work with pupils may be trained to have a
7		basic knowledge of matters relating to acquired
8		immunodeficiency syndrome (AIDS), including the nature of the
9		disease, its causes and effects, the means of detecting it and
10		preventing its transmission, and the availability of
11		appropriate sources of counseling and referral, and any other
12		information that may be appropriate considering the age and
13		grade level of such pupils. The School Board shall supervise
14		such training. The State Board of Education and the Department
15		of Public Health shall jointly develop standards for such
16		training.
17		(d) In this subsection (d):
18		"Domestic violence" means abuse by a family or household
19		member, as "abuse" and "family or household members" are
20		defined in Section 103 of the Illinois Domestic Violence Act
21		of 1986.
22		"Sexual violence" means sexual assault, abuse, or stalking
23		of an adult or minor child proscribed in the Criminal Code of
24		1961 or the Criminal Code of 2012 in Sections 11-1.20,
25		11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
26		12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including

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1		sexual violence committed by perpetrators who are strangers to
2		the victim and sexual violence committed by perpetrators who
3		are known or related by blood or marriage to the victim.
4		At least once every 2 years, an in-service training
5		program for school personnel who work with pupils, including,
6		but not limited to, school and school district administrators,
7		teachers, school guidance counselors, school social workers,
8		school counselors, school psychologists, and school nurses,
9		must be conducted by persons with expertise in domestic and
10		sexual violence and the needs of expectant and parenting youth
11		and shall include training concerning (i) communicating with
12		and listening to youth victims of domestic or sexual violence
13		and expectant and parenting youth, (ii) connecting youth
14		victims of domestic or sexual violence and expectant and
15		parenting youth to appropriate in-school services and other
16		agencies, programs, and services as needed, and (iii)
17		implementing the school district's policies, procedures, and
18		protocols with regard to such youth, including
19		confidentiality. At a minimum, school personnel must be
20		trained to understand, provide information and referrals, and
21		address issues pertaining to youth who are parents, expectant
22		parents, or victims of domestic or sexual violence.
23		(e) At least every 2 years, an in-service training program
24		for school personnel who work with pupils must be conducted by
25		persons with expertise in anaphylactic reactions and
26		management.

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1		(f) At least once every 2 years, a school board shall
2		conduct in-service training on educator ethics,
3		teacher-student conduct, and school employee-student conduct
4		for all personnel.
5		(Source: P.A. 100-903, eff. 1-1-19; 101-350, eff. 1-1-20.)
6		(105 ILCS 5/10-27.1A)
7		Sec. 10-27.1A. Firearms in schools.
8		(a) All school officials, including teachers, school
9		guidance counselors, and support staff, shall immediately
10		notify the office of the principal in the event that they
11		observe any person in possession of a firearm on school
12		grounds; provided that taking such immediate action to notify
13		the office of the principal would not immediately endanger the
14		health, safety, or welfare of students who are under the
15		direct supervision of the school official or the school
16		official. If the health, safety, or welfare of students under
17		the direct supervision of the school official or of the school
18		official is immediately endangered, the school official shall
19		notify the office of the principal as soon as the students
20		under his or her supervision and he or she are no longer under
21		immediate danger. A report is not required by this Section
22		when the school official knows that the person in possession
23		of the firearm is a law enforcement official engaged in the
24		conduct of his or her official duties. Any school official
25		acting in good faith who makes such a report under this Section

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1		shall have immunity from any civil or criminal liability that
2		might otherwise be incurred as a result of making the report.
3		The identity of the school official making such report shall
4		not be disclosed except as expressly and specifically
5		authorized by law. Knowingly and willfully failing to comply
6		with this Section is a petty offense. A second or subsequent
7		offense is a Class C misdemeanor.
8		(b) Upon receiving a report from any school official
9		pursuant to this Section, or from any other person, the
10		principal or his or her designee shall immediately notify a
11		local law enforcement agency. If the person found to be in
12		possession of a firearm on school grounds is a student, the
13		principal or his or her designee shall also immediately notify
14		that student's parent or guardian. Any principal or his or her
15		designee acting in good faith who makes such reports under
16		this Section shall have immunity from any civil or criminal
17		liability that might otherwise be incurred or imposed as a
18		result of making the reports. Knowingly and willfully failing
19		to comply with this Section is a petty offense. A second or
20		subsequent offense is a Class C misdemeanor. If the person
21		found to be in possession of the firearm on school grounds is a
22		minor, the law enforcement agency shall detain that minor
23		until such time as the agency makes a determination pursuant
24		to clause (a) of subsection (1) of Section 5-401 of the
25		Juvenile Court Act of 1987, as to whether the agency
26		reasonably believes that the minor is delinquent. If the law

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1		enforcement agency determines that probable cause exists to
2		believe that the minor committed a violation of item (4) of
3		subsection (a) of Section 24-1 of the Criminal Code of 2012
4		while on school grounds, the agency shall detain the minor for
5		processing pursuant to Section 5-407 of the Juvenile Court Act
6		of 1987.
7		(c) On or after January 1, 1997, upon receipt of any
8		written, electronic, or verbal report from any school
9		personnel regarding a verified incident involving a firearm in
10		a school or on school owned or leased property, including any
11		conveyance owned, leased, or used by the school for the
12		transport of students or school personnel, the superintendent
13		or his or her designee shall report all such firearm-related
14		incidents occurring in a school or on school property to the
15		local law enforcement authorities immediately and to the
16		Department of State Police in a form, manner, and frequency as
17		prescribed by the Department of State Police.
18		The State Board of Education shall receive an annual
19		statistical compilation and related data associated with
20		incidents involving firearms in schools from the Department of
21		State Police. The State Board of Education shall compile this
22		information by school district and make it available to the
23		public.
24		(d) As used in this Section, the term "firearm" shall have
25		the meaning ascribed to it in Section 1.1 of the Firearm Owners
26		Identification Card Act.

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1		As used in this Section, the term "school" means any
2		public or private elementary or secondary school.
3		As used in this Section, the term "school grounds"
4		includes the real property comprising any school, any
5		conveyance owned, leased, or contracted by a school to
6		transport students to or from school or a school-related
7		activity, or any public way within 1,000 feet of the real
8		property comprising any school.
9		(Source: P.A. 97-1150, eff. 1-25-13.)
10		(105 ILCS 5/18-8.15)
11		Sec. 18-8.15. Evidence-Based Funding for student success
12		for the 2017-2018 and subsequent school years.
13		(a) General provisions.
14		(1) The purpose of this Section is to ensure that, by
15		June 30, 2027 and beyond, this State has a kindergarten
16		through grade 12 public education system with the capacity
17		to ensure the educational development of all persons to
18		the limits of their capacities in accordance with Section
19		1 of Article X of the Constitution of the State of
20		Illinois. To accomplish that objective, this Section
21		creates a method of funding public education that is
22		evidence-based; is sufficient to ensure every student
23		receives a meaningful opportunity to learn irrespective of
24		race, ethnicity, sexual orientation, gender, or
25		community-income level; and is sustainable and

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1		predictable. When fully funded under this Section, every
2		school shall have the resources, based on what the
3		evidence indicates is needed, to:
4		(A) provide all students with a high quality
5		education that offers the academic, enrichment, social
6		and emotional support, technical, and career-focused
7		programs that will allow them to become competitive
8		workers, responsible parents, productive citizens of
9		this State, and active members of our national
10		democracy;
11		(B) ensure all students receive the education they
12		need to graduate from high school with the skills
13		required to pursue post-secondary education and
14		training for a rewarding career;
15		(C) reduce, with a goal of eliminating, the
16		achievement gap between at-risk and non-at-risk
17		students by raising the performance of at-risk
18		students and not by reducing standards; and
19		(D) ensure this State satisfies its obligation to
20		assume the primary responsibility to fund public
21		education and simultaneously relieve the
22		disproportionate burden placed on local property taxes
23		to fund schools.
24		(2) The Evidence-Based Funding formula under this
25		Section shall be applied to all Organizational Units in
26		this State. The Evidence-Based Funding formula outlined in

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1		this Act is based on the formula outlined in Senate Bill 1
2		of the 100th General Assembly, as passed by both
3		legislative chambers. As further defined and described in
4		this Section, there are 4 major components of the
5		Evidence-Based Funding model:
6		(A) First, the model calculates a unique Adequacy
7		Target for each Organizational Unit in this State that
8		considers the costs to implement research-based
9		activities, the unit's student demographics, and
10		regional wage differences.
11		(B) Second, the model calculates each
12		Organizational Unit's Local Capacity, or the amount
13		each Organizational Unit is assumed to contribute
14		toward its Adequacy Target from local resources.
15		(C) Third, the model calculates how much funding
16		the State currently contributes to the Organizational
17		Unit and adds that to the unit's Local Capacity to
18		determine the unit's overall current adequacy of
19		funding.
20		(D) Finally, the model's distribution method
21		allocates new State funding to those Organizational
22		Units that are least well-funded, considering both
23		Local Capacity and State funding, in relation to their
24		Adequacy Target.
25		(3) An Organizational Unit receiving any funding under
26		this Section may apply those funds to any fund so received

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1		for which that Organizational Unit is authorized to make
2		expenditures by law.
3		(4) As used in this Section, the following terms shall
4		have the meanings ascribed in this paragraph (4):
5		"Adequacy Target" is defined in paragraph (1) of
6		subsection (b) of this Section.
7		"Adjusted EAV" is defined in paragraph (4) of
8		subsection (d) of this Section.
9		"Adjusted Local Capacity Target" is defined in
10		paragraph (3) of subsection (c) of this Section.
11		"Adjusted Operating Tax Rate" means a tax rate for all
12		Organizational Units, for which the State Superintendent
13		shall calculate and subtract for the Operating Tax Rate a
14		transportation rate based on total expenses for
15		transportation services under this Code, as reported on
16		the most recent Annual Financial Report in Pupil
17		Transportation Services, function 2550 in both the
18		Education and Transportation funds and functions 4110 and
19		4120 in the Transportation fund, less any corresponding
20		fiscal year State of Illinois scheduled payments excluding
21		net adjustments for prior years for regular, vocational,
22		or special education transportation reimbursement pursuant
23		to Section 29-5 or subsection (b) of Section 14-13.01 of
24		this Code divided by the Adjusted EAV. If an
25		Organizational Unit's corresponding fiscal year State of
26		Illinois scheduled payments excluding net adjustments for

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1		prior years for regular, vocational, or special education
2		transportation reimbursement pursuant to Section 29-5 or
3		subsection (b) of Section 14-13.01 of this Code exceed the
4		total transportation expenses, as defined in this
5		paragraph, no transportation rate shall be subtracted from
6		the Operating Tax Rate.
7		"Allocation Rate" is defined in paragraph (3) of
8		subsection (g) of this Section.
9		"Alternative School" means a public school that is
10		created and operated by a regional superintendent of
11		schools and approved by the State Board.
12		"Applicable Tax Rate" is defined in paragraph (1) of
13		subsection (d) of this Section.
14		"Assessment" means any of those benchmark, progress
15		monitoring, formative, diagnostic, and other assessments,
16		in addition to the State accountability assessment, that
17		assist teachers' needs in understanding the skills and
18		meeting the needs of the students they serve.
19		"Assistant principal" means a school administrator
20		duly endorsed to be employed as an assistant principal in
21		this State.
22		"At-risk student" means a student who is at risk of
23		not meeting the Illinois Learning Standards or not
24		graduating from elementary or high school and who
25		demonstrates a need for vocational support or social
26		services beyond that provided by the regular school

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1		program. All students included in an Organizational Unit's
2		Low-Income Count, as well as all English learner and
3		disabled students attending the Organizational Unit, shall
4		be considered at-risk students under this Section.
5		"Average Student Enrollment" or "ASE" for fiscal year
6		2018 means, for an Organizational Unit, the greater of the
7		average number of students (grades K through 12) reported
8		to the State Board as enrolled in the Organizational Unit
9		on October 1 in the immediately preceding school year,
10		plus the pre-kindergarten students who receive special
11		education services of 2 or more hours a day as reported to
12		the State Board on December 1 in the immediately preceding
13		school year, or the average number of students (grades K
14		through 12) reported to the State Board as enrolled in the
15		Organizational Unit on October 1, plus the
16		pre-kindergarten students who receive special education
17		services of 2 or more hours a day as reported to the State
18		Board on December 1, for each of the immediately preceding
19		3 school years. For fiscal year 2019 and each subsequent
20		fiscal year, "Average Student Enrollment" or "ASE" means,
21		for an Organizational Unit, the greater of the average
22		number of students (grades K through 12) reported to the
23		State Board as enrolled in the Organizational Unit on
24		October 1 and March 1 in the immediately preceding school
25		year, plus the pre-kindergarten students who receive
26		special education services as reported to the State Board

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1		on October 1 and March 1 in the immediately preceding
2		school year, or the average number of students (grades K
3		through 12) reported to the State Board as enrolled in the
4		Organizational Unit on October 1 and March 1, plus the
5		pre-kindergarten students who receive special education
6		services as reported to the State Board on October 1 and
7		March 1, for each of the immediately preceding 3 school
8		years. For the purposes of this definition, "enrolled in
9		the Organizational Unit" means the number of students
10		reported to the State Board who are enrolled in schools
11		within the Organizational Unit that the student attends or
12		would attend if not placed or transferred to another
13		school or program to receive needed services. For the
14		purposes of calculating "ASE", all students, grades K
15		through 12, excluding those attending kindergarten for a
16		half day and students attending an alternative education
17		program operated by a regional office of education or
18		intermediate service center, shall be counted as 1.0. All
19		students attending kindergarten for a half day shall be
20		counted as 0.5, unless in 2017 by June 15 or by March 1 in
21		subsequent years, the school district reports to the State
22		Board of Education the intent to implement full-day
23		kindergarten district-wide for all students, then all
24		students attending kindergarten shall be counted as 1.0.
25		Special education pre-kindergarten students shall be
26		counted as 0.5 each. If the State Board does not collect or

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1		has not collected both an October 1 and March 1 enrollment
2		count by grade or a December 1 collection of special
3		education pre-kindergarten students as of August 31, 2017
4		(the effective date of Public Act 100-465), it shall
5		establish such collection for all future years. For any
6		year in which a count by grade level was collected only
7		once, that count shall be used as the single count
8		available for computing a 3-year average ASE. Funding for
9		programs operated by a regional office of education or an
10		intermediate service center must be calculated using the
11		Evidence-Based Funding formula under this Section for the
12		2019-2020 school year and each subsequent school year
13		until separate adequacy formulas are developed and adopted
14		for each type of program. ASE for a program operated by a
15		regional office of education or an intermediate service
16		center must be determined by the March 1 enrollment for
17		the program. For the 2019-2020 school year, the ASE used
18		in the calculation must be the first-year ASE and, in that
19		year only, the assignment of students served by a regional
20		office of education or intermediate service center shall
21		not result in a reduction of the March enrollment for any
22		school district. For the 2020-2021 school year, the ASE
23		must be the greater of the current-year ASE or the 2-year
24		average ASE. Beginning with the 2021-2022 school year, the
25		ASE must be the greater of the current-year ASE or the
26		3-year average ASE. School districts shall submit the data

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1		for the ASE calculation to the State Board within 45 days
2		of the dates required in this Section for submission of
3		enrollment data in order for it to be included in the ASE
4		calculation. For fiscal year 2018 only, the ASE
5		calculation shall include only enrollment taken on October
6		1.
7		"Base Funding Guarantee" is defined in paragraph (10)
8		of subsection (g) of this Section.
9		"Base Funding Minimum" is defined in subsection (e) of
10		this Section.
11		"Base Tax Year" means the property tax levy year used
12		to calculate the Budget Year allocation of primary State
13		aid.
14		"Base Tax Year's Extension" means the product of the
15		equalized assessed valuation utilized by the county clerk
16		in the Base Tax Year multiplied by the limiting rate as
17		calculated by the county clerk and defined in PTELL.
18		"Bilingual Education Allocation" means the amount of
19		an Organizational Unit's final Adequacy Target
20		attributable to bilingual education divided by the
21		Organizational Unit's final Adequacy Target, the product
22		of which shall be multiplied by the amount of new funding
23		received pursuant to this Section. An Organizational
24		Unit's final Adequacy Target attributable to bilingual
25		education shall include all additional investments in
26		English learner students' adequacy elements.

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1		"Budget Year" means the school year for which primary
2		State aid is calculated and awarded under this Section.
3		"Central office" means individual administrators and
4		support service personnel charged with managing the
5		instructional programs, business and operations, and
6		security of the Organizational Unit.
7		"Comparable Wage Index" or "CWI" means a regional cost
8		differentiation metric that measures systemic, regional
9		variations in the salaries of college graduates who are
10		not educators. The CWI utilized for this Section shall,
11		for the first 3 years of Evidence-Based Funding
12		implementation, be the CWI initially developed by the
13		National Center for Education Statistics, as most recently
14		updated by Texas A & M University. In the fourth and
15		subsequent years of Evidence-Based Funding implementation,
16		the State Superintendent shall re-determine the CWI using
17		a similar methodology to that identified in the Texas A & M
18		University study, with adjustments made no less frequently
19		than once every 5 years.
20		"Computer technology and equipment" means computers
21		servers, notebooks, network equipment, copiers, printers,
22		instructional software, security software, curriculum
23		management courseware, and other similar materials and
24		equipment.
25		"Computer technology and equipment investment
26		allocation" means the final Adequacy Target amount of an

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1		Organizational Unit assigned to Tier 1 or Tier 2 in the
2		prior school year attributable to the additional $285.50
3		per student computer technology and equipment investment
4		grant divided by the Organizational Unit's final Adequacy
5		Target, the result of which shall be multiplied by the
6		amount of new funding received pursuant to this Section.
7		An Organizational Unit assigned to a Tier 1 or Tier 2 final
8		Adequacy Target attributable to the received computer
9		technology and equipment investment grant shall include
10		all additional investments in computer technology and
11		equipment adequacy elements.
12		"Core subject" means mathematics; science; reading,
13		English, writing, and language arts; history and social
14		studies; world languages; and subjects taught as Advanced
15		Placement in high schools.
16		"Core teacher" means a regular classroom teacher in
17		elementary schools and teachers of a core subject in
18		middle and high schools.
19		"Core Intervention teacher (tutor)" means a licensed
20		teacher providing one-on-one or small group tutoring to
21		students struggling to meet proficiency in core subjects.
22		"CPPRT" means corporate personal property replacement
23		tax funds paid to an Organizational Unit during the
24		calendar year one year before the calendar year in which a
25		school year begins, pursuant to "An Act in relation to the
26		abolition of ad valorem personal property tax and the

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1		replacement of revenues lost thereby, and amending and
2		repealing certain Acts and parts of Acts in connection
3		therewith", certified August 14, 1979, as amended (Public
4		Act 81-1st S.S.-1).
5		"EAV" means equalized assessed valuation as defined in
6		paragraph (2) of subsection (d) of this Section and
7		calculated in accordance with paragraph (3) of subsection
8		(d) of this Section.
9		"ECI" means the Bureau of Labor Statistics' national
10		employment cost index for civilian workers in educational
11		services in elementary and secondary schools on a
12		cumulative basis for the 12-month calendar year preceding
13		the fiscal year of the Evidence-Based Funding calculation.
14		"EIS Data" means the employment information system
15		data maintained by the State Board on educators within
16		Organizational Units.
17		"Employee benefits" means health, dental, and vision
18		insurance offered to employees of an Organizational Unit,
19		the costs associated with the statutorily required payment
20		of the normal cost of the Organizational Unit's teacher
21		pensions, Social Security employer contributions, and
22		Illinois Municipal Retirement Fund employer contributions.
23		"English learner" or "EL" means a child included in
24		the definition of "English learners" under Section 14C-2
25		of this Code participating in a program of transitional
26		bilingual education or a transitional program of

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1		instruction meeting the requirements and program
2		application procedures of Article 14C of this Code. For
3		the purposes of collecting the number of EL students
4		enrolled, the same collection and calculation methodology
5		as defined above for "ASE" shall apply to English
6		learners, with the exception that EL student enrollment
7		shall include students in grades pre-kindergarten through
8		12.
9		"Essential Elements" means those elements, resources,
10		and educational programs that have been identified through
11		academic research as necessary to improve student success,
12		improve academic performance, close achievement gaps, and
13		provide for other per student costs related to the
14		delivery and leadership of the Organizational Unit, as
15		well as the maintenance and operations of the unit, and
16		which are specified in paragraph (2) of subsection (b) of
17		this Section.
18		"Evidence-Based Funding" means State funding provided
19		to an Organizational Unit pursuant to this Section.
20		"Extended day" means academic and enrichment programs
21		provided to students outside the regular school day before
22		and after school or during non-instructional times during
23		the school day.
24		"Extension Limitation Ratio" means a numerical ratio
25		in which the numerator is the Base Tax Year's Extension
26		and the denominator is the Preceding Tax Year's Extension.

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1		"Final Percent of Adequacy" is defined in paragraph
2		(4) of subsection (f) of this Section.
3		"Final Resources" is defined in paragraph (3) of
4		subsection (f) of this Section.
5		"Full-time equivalent" or "FTE" means the full-time
6		equivalency compensation for staffing the relevant
7		position at an Organizational Unit.
8		"Funding Gap" is defined in paragraph (1) of
9		subsection (g).
10		"Guidance counselor" means a licensed guidance
11		counselor who provides guidance and counseling support for
12		students within an Organizational Unit.
13		"Hybrid District" means a partial elementary unit
14		district created pursuant to Article 11E of this Code.
15		"Instructional assistant" means a core or special
16		education, non-licensed employee who assists a teacher in
17		the classroom and provides academic support to students.
18		"Instructional facilitator" means a qualified teacher
19		or licensed teacher leader who facilitates and coaches
20		continuous improvement in classroom instruction; provides
21		instructional support to teachers in the elements of
22		research-based instruction or demonstrates the alignment
23		of instruction with curriculum standards and assessment
24		tools; develops or coordinates instructional programs or
25		strategies; develops and implements training; chooses
26		standards-based instructional materials; provides

HB1719 Engrossed - 21 - LRB102 03832 CMG 13846 b
1		teachers with an understanding of current research; serves
2		as a mentor, site coach, curriculum specialist, or lead
3		teacher; or otherwise works with fellow teachers, in
4		collaboration, to use data to improve instructional
5		practice or develop model lessons.
6		"Instructional materials" means relevant
7		instructional materials for student instruction,
8		including, but not limited to, textbooks, consumable
9		workbooks, laboratory equipment, library books, and other
10		similar materials.
11		"Laboratory School" means a public school that is
12		created and operated by a public university and approved
13		by the State Board.
14		"Librarian" means a teacher with an endorsement as a
15		library information specialist or another individual whose
16		primary responsibility is overseeing library resources
17		within an Organizational Unit.
18		"Limiting rate for Hybrid Districts" means the
19		combined elementary school and high school limiting rates.
20		"Local Capacity" is defined in paragraph (1) of
21		subsection (c) of this Section.
22		"Local Capacity Percentage" is defined in subparagraph
23		(A) of paragraph (2) of subsection (c) of this Section.
24		"Local Capacity Ratio" is defined in subparagraph (B)
25		of paragraph (2) of subsection (c) of this Section.
26		"Local Capacity Target" is defined in paragraph (2) of

HB1719 Engrossed - 22 - LRB102 03832 CMG 13846 b
1		subsection (c) of this Section.
2		"Low-Income Count" means, for an Organizational Unit
3		in a fiscal year, the higher of the average number of
4		students for the prior school year or the immediately
5		preceding 3 school years who, as of July 1 of the
6		immediately preceding fiscal year (as determined by the
7		Department of Human Services), are eligible for at least
8		one of the following low-income programs: Medicaid, the
9		Children's Health Insurance Program, Temporary Assistance
10		for Needy Families (TANF), or the Supplemental Nutrition
11		Assistance Program, excluding pupils who are eligible for
12		services provided by the Department of Children and Family
13		Services. Until such time that grade level low-income
14		populations become available, grade level low-income
15		populations shall be determined by applying the low-income
16		percentage to total student enrollments by grade level.
17		The low-income percentage is determined by dividing the
18		Low-Income Count by the Average Student Enrollment. The
19		low-income percentage for programs operated by a regional
20		office of education or an intermediate service center must
21		be set to the weighted average of the low-income
22		percentages of all of the school districts in the service
23		region. The weighted low-income percentage is the result
24		of multiplying the low-income percentage of each school
25		district served by the regional office of education or
26		intermediate service center by each school district's

HB1719 Engrossed - 23 - LRB102 03832 CMG 13846 b
1		Average Student Enrollment, summarizing those products and
2		dividing the total by the total Average Student Enrollment
3		for the service region.
4		"Maintenance and operations" means custodial services,
5		facility and ground maintenance, facility operations,
6		facility security, routine facility repairs, and other
7		similar services and functions.
8		"Minimum Funding Level" is defined in paragraph (9) of
9		subsection (g) of this Section.
10		"New Property Tax Relief Pool Funds" means, for any
11		given fiscal year, all State funds appropriated under
12		Section 2-3.170 of this the School Code.
13		"New State Funds" means, for a given school year, all
14		State funds appropriated for Evidence-Based Funding in
15		excess of the amount needed to fund the Base Funding
16		Minimum for all Organizational Units in that school year.
17		"Net State Contribution Target" means, for a given
18		school year, the amount of State funds that would be
19		necessary to fully meet the Adequacy Target of an
20		Operational Unit minus the Preliminary Resources available
21		to each unit.
22		"Nurse" means an individual licensed as a certified
23		school nurse, in accordance with the rules established for
24		nursing services by the State Board, who is an employee of
25		and is available to provide health care-related services
26		for students of an Organizational Unit.

HB1719 Engrossed - 24 - LRB102 03832 CMG 13846 b
1		"Operating Tax Rate" means the rate utilized in the
2		previous year to extend property taxes for all purposes,
3		except Bond and Interest, Summer School, Rent, Capital
4		Improvement, and Vocational Education Building purposes.
5		For Hybrid Districts, the Operating Tax Rate shall be the
6		combined elementary and high school rates utilized in the
7		previous year to extend property taxes for all purposes,
8		except Bond and Interest, Summer School, Rent, Capital
9		Improvement, and Vocational Education Building purposes.
10		"Organizational Unit" means a Laboratory School or any
11		public school district that is recognized as such by the
12		State Board and that contains elementary schools typically
13		serving kindergarten through 5th grades, middle schools
14		typically serving 6th through 8th grades, high schools
15		typically serving 9th through 12th grades, a program
16		established under Section 2-3.66 or 2-3.41, or a program
17		operated by a regional office of education or an
18		intermediate service center under Article 13A or 13B. The
19		General Assembly acknowledges that the actual grade levels
20		served by a particular Organizational Unit may vary
21		slightly from what is typical.
22		"Organizational Unit CWI" is determined by calculating
23		the CWI in the region and original county in which an
24		Organizational Unit's primary administrative office is
25		located as set forth in this paragraph, provided that if
26		the Organizational Unit CWI as calculated in accordance

HB1719 Engrossed - 25 - LRB102 03832 CMG 13846 b
1		with this paragraph is less than 0.9, the Organizational
2		Unit CWI shall be increased to 0.9. Each county's current
3		CWI value shall be adjusted based on the CWI value of that
4		county's neighboring Illinois counties, to create a
5		"weighted adjusted index value". This shall be calculated
6		by summing the CWI values of all of a county's adjacent
7		Illinois counties and dividing by the number of adjacent
8		Illinois counties, then taking the weighted value of the
9		original county's CWI value and the adjacent Illinois
10		county average. To calculate this weighted value, if the
11		number of adjacent Illinois counties is greater than 2,
12		the original county's CWI value will be weighted at 0.25
13		and the adjacent Illinois county average will be weighted
14		at 0.75. If the number of adjacent Illinois counties is 2,
15		the original county's CWI value will be weighted at 0.33
16		and the adjacent Illinois county average will be weighted
17		at 0.66. The greater of the county's current CWI value and
18		its weighted adjusted index value shall be used as the
19		Organizational Unit CWI.
20		"Preceding Tax Year" means the property tax levy year
21		immediately preceding the Base Tax Year.
22		"Preceding Tax Year's Extension" means the product of
23		the equalized assessed valuation utilized by the county
24		clerk in the Preceding Tax Year multiplied by the
25		Operating Tax Rate.
26		"Preliminary Percent of Adequacy" is defined in

HB1719 Engrossed - 26 - LRB102 03832 CMG 13846 b
1		paragraph (2) of subsection (f) of this Section.
2		"Preliminary Resources" is defined in paragraph (2) of
3		subsection (f) of this Section.
4		"Principal" means a school administrator duly endorsed
5		to be employed as a principal in this State.
6		"Professional development" means training programs for
7		licensed staff in schools, including, but not limited to,
8		programs that assist in implementing new curriculum
9		programs, provide data focused or academic assessment data
10		training to help staff identify a student's weaknesses and
11		strengths, target interventions, improve instruction,
12		encompass instructional strategies for English learner,
13		gifted, or at-risk students, address inclusivity, cultural
14		sensitivity, or implicit bias, or otherwise provide
15		professional support for licensed staff.
16		"Prototypical" means 450 special education
17		pre-kindergarten and kindergarten through grade 5 students
18		for an elementary school, 450 grade 6 through 8 students
19		for a middle school, and 600 grade 9 through 12 students
20		for a high school.
21		"PTELL" means the Property Tax Extension Limitation
22		Law.
23		"PTELL EAV" is defined in paragraph (4) of subsection
24		(d) of this Section.
25		"Pupil support staff" means a nurse, psychologist,
26		social worker, family liaison personnel, or other staff

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1		member who provides support to at-risk or struggling
2		students.
3		"Real Receipts" is defined in paragraph (1) of
4		subsection (d) of this Section.
5		"Regionalization Factor" means, for a particular
6		Organizational Unit, the figure derived by dividing the
7		Organizational Unit CWI by the Statewide Weighted CWI.
8		"School counselor" means a licensed school counselor
9		who provides guidance and counseling support for students
10		within an Organizational Unit.
11		"School site staff" means the primary school secretary
12		and any additional clerical personnel assigned to a
13		school.
14		"Special education" means special educational
15		facilities and services, as defined in Section 14-1.08 of
16		this Code.
17		"Special Education Allocation" means the amount of an
18		Organizational Unit's final Adequacy Target attributable
19		to special education divided by the Organizational Unit's
20		final Adequacy Target, the product of which shall be
21		multiplied by the amount of new funding received pursuant
22		to this Section. An Organizational Unit's final Adequacy
23		Target attributable to special education shall include all
24		special education investment adequacy elements.
25		"Specialist teacher" means a teacher who provides
26		instruction in subject areas not included in core

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1		subjects, including, but not limited to, art, music,
2		physical education, health, driver education,
3		career-technical education, and such other subject areas
4		as may be mandated by State law or provided by an
5		Organizational Unit.
6		"Specially Funded Unit" means an Alternative School,
7		safe school, Department of Juvenile Justice school,
8		special education cooperative or entity recognized by the
9		State Board as a special education cooperative,
10		State-approved charter school, or alternative learning
11		opportunities program that received direct funding from
12		the State Board during the 2016-2017 school year through
13		any of the funding sources included within the calculation
14		of the Base Funding Minimum or Glenwood Academy.
15		"Supplemental Grant Funding" means supplemental
16		general State aid funding received by an Organizational
17		Unit during the 2016-2017 school year pursuant to
18		subsection (H) of Section 18-8.05 of this Code (now
19		repealed).
20		"State Adequacy Level" is the sum of the Adequacy
21		Targets of all Organizational Units.
22		"State Board" means the State Board of Education.
23		"State Superintendent" means the State Superintendent
24		of Education.
25		"Statewide Weighted CWI" means a figure determined by
26		multiplying each Organizational Unit CWI times the ASE for

HB1719 Engrossed - 29 - LRB102 03832 CMG 13846 b
1		that Organizational Unit creating a weighted value,
2		summing all Organizational Units' weighted values, and
3		dividing by the total ASE of all Organizational Units,
4		thereby creating an average weighted index.
5		"Student activities" means non-credit producing
6		after-school programs, including, but not limited to,
7		clubs, bands, sports, and other activities authorized by
8		the school board of the Organizational Unit.
9		"Substitute teacher" means an individual teacher or
10		teaching assistant who is employed by an Organizational
11		Unit and is temporarily serving the Organizational Unit on
12		a per diem or per period-assignment basis to replace
13		another staff member.
14		"Summer school" means academic and enrichment programs
15		provided to students during the summer months outside of
16		the regular school year.
17		"Supervisory aide" means a non-licensed staff member
18		who helps in supervising students of an Organizational
19		Unit, but does so outside of the classroom, in situations
20		such as, but not limited to, monitoring hallways and
21		playgrounds, supervising lunchrooms, or supervising
22		students when being transported in buses serving the
23		Organizational Unit.
24		"Target Ratio" is defined in paragraph (4) of
25		subsection (g).
26		"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined

HB1719 Engrossed - 30 - LRB102 03832 CMG 13846 b
1		in paragraph (3) of subsection (g).
2		"Tier 1 Aggregate Funding", "Tier 2 Aggregate
3		Funding", "Tier 3 Aggregate Funding", and "Tier 4
4		Aggregate Funding" are defined in paragraph (1) of
5		subsection (g).
6		(b) Adequacy Target calculation.
7		(1) Each Organizational Unit's Adequacy Target is the
8		sum of the Organizational Unit's cost of providing
9		Essential Elements, as calculated in accordance with this
10		subsection (b), with the salary amounts in the Essential
11		Elements multiplied by a Regionalization Factor calculated
12		pursuant to paragraph (3) of this subsection (b).
13		(2) The Essential Elements are attributable on a pro
14		rata basis related to defined subgroups of the ASE of each
15		Organizational Unit as specified in this paragraph (2),
16		with investments and FTE positions pro rata funded based
17		on ASE counts in excess of or less than the thresholds set
18		forth in this paragraph (2). The method for calculating
19		attributable pro rata costs and the defined subgroups
20		thereto are as follows:
21		(A) Core class size investments. Each
22		Organizational Unit shall receive the funding required
23		to support that number of FTE core teacher positions
24		as is needed to keep the respective class sizes of the
25		Organizational Unit to the following maximum numbers:
26		(i) For grades kindergarten through 3, the

HB1719 Engrossed - 31 - LRB102 03832 CMG 13846 b
1		Organizational Unit shall receive funding required
2		to support one FTE core teacher position for every
3		15 Low-Income Count students in those grades and
4		one FTE core teacher position for every 20
5		non-Low-Income Count students in those grades.
6		(ii) For grades 4 through 12, the
7		Organizational Unit shall receive funding required
8		to support one FTE core teacher position for every
9		20 Low-Income Count students in those grades and
10		one FTE core teacher position for every 25
11		non-Low-Income Count students in those grades.
12		The number of non-Low-Income Count students in a
13		grade shall be determined by subtracting the
14		Low-Income students in that grade from the ASE of the
15		Organizational Unit for that grade.
16		(B) Specialist teacher investments. Each
17		Organizational Unit shall receive the funding needed
18		to cover that number of FTE specialist teacher
19		positions that correspond to the following
20		percentages:
21		(i) if the Organizational Unit operates an
22		elementary or middle school, then 20.00% of the
23		number of the Organizational Unit's core teachers,
24		as determined under subparagraph (A) of this
25		paragraph (2); and
26		(ii) if such Organizational Unit operates a

HB1719 Engrossed - 32 - LRB102 03832 CMG 13846 b
1		high school, then 33.33% of the number of the
2		Organizational Unit's core teachers.
3		(C) Instructional facilitator investments. Each
4		Organizational Unit shall receive the funding needed
5		to cover one FTE instructional facilitator position
6		for every 200 combined ASE of pre-kindergarten
7		children with disabilities and all kindergarten
8		through grade 12 students of the Organizational Unit.
9		(D) Core intervention teacher (tutor) investments.
10		Each Organizational Unit shall receive the funding
11		needed to cover one FTE teacher position for each
12		prototypical elementary, middle, and high school.
13		(E) Substitute teacher investments. Each
14		Organizational Unit shall receive the funding needed
15		to cover substitute teacher costs that is equal to
16		5.70% of the minimum pupil attendance days required
17		under Section 10-19 of this Code for all full-time
18		equivalent core, specialist, and intervention
19		teachers, school nurses, special education teachers
20		and instructional assistants, instructional
21		facilitators, and summer school and extended day
22		teacher positions, as determined under this paragraph
23		(2), at a salary rate of 33.33% of the average salary
24		for grade K through 12 teachers and 33.33% of the
25		average salary of each instructional assistant
26		position.

HB1719 Engrossed - 33 - LRB102 03832 CMG 13846 b
1		(F) Core school guidance counselor investments.
2		Each Organizational Unit shall receive the funding
3		needed to cover one FTE school guidance counselor for
4		each 450 combined ASE of pre-kindergarten children
5		with disabilities and all kindergarten through grade 5
6		students, plus one FTE school guidance counselor for
7		each 250 grades 6 through 8 ASE middle school
8		students, plus one FTE school guidance counselor for
9		each 250 grades 9 through 12 ASE high school students.
10		(G) Nurse investments. Each Organizational Unit
11		shall receive the funding needed to cover one FTE
12		nurse for each 750 combined ASE of pre-kindergarten
13		children with disabilities and all kindergarten
14		through grade 12 students across all grade levels it
15		serves.
16		(H) Supervisory aide investments. Each
17		Organizational Unit shall receive the funding needed
18		to cover one FTE for each 225 combined ASE of
19		pre-kindergarten children with disabilities and all
20		kindergarten through grade 5 students, plus one FTE
21		for each 225 ASE middle school students, plus one FTE
22		for each 200 ASE high school students.
23		(I) Librarian investments. Each Organizational
24		Unit shall receive the funding needed to cover one FTE
25		librarian for each prototypical elementary school,
26		middle school, and high school and one FTE aide or

HB1719 Engrossed - 34 - LRB102 03832 CMG 13846 b
1		media technician for every 300 combined ASE of
2		pre-kindergarten children with disabilities and all
3		kindergarten through grade 12 students.
4		(J) Principal investments. Each Organizational
5		Unit shall receive the funding needed to cover one FTE
6		principal position for each prototypical elementary
7		school, plus one FTE principal position for each
8		prototypical middle school, plus one FTE principal
9		position for each prototypical high school.
10		(K) Assistant principal investments. Each
11		Organizational Unit shall receive the funding needed
12		to cover one FTE assistant principal position for each
13		prototypical elementary school, plus one FTE assistant
14		principal position for each prototypical middle
15		school, plus one FTE assistant principal position for
16		each prototypical high school.
17		(L) School site staff investments. Each
18		Organizational Unit shall receive the funding needed
19		for one FTE position for each 225 ASE of
20		pre-kindergarten children with disabilities and all
21		kindergarten through grade 5 students, plus one FTE
22		position for each 225 ASE middle school students, plus
23		one FTE position for each 200 ASE high school
24		students.
25		(M) Gifted investments. Each Organizational Unit
26		shall receive $40 per kindergarten through grade 12

HB1719 Engrossed - 35 - LRB102 03832 CMG 13846 b
1		ASE.
2		(N) Professional development investments. Each
3		Organizational Unit shall receive $125 per student of
4		the combined ASE of pre-kindergarten children with
5		disabilities and all kindergarten through grade 12
6		students for trainers and other professional
7		development-related expenses for supplies and
8		materials.
9		(O) Instructional material investments. Each
10		Organizational Unit shall receive $190 per student of
11		the combined ASE of pre-kindergarten children with
12		disabilities and all kindergarten through grade 12
13		students to cover instructional material costs.
14		(P) Assessment investments. Each Organizational
15		Unit shall receive $25 per student of the combined ASE
16		of pre-kindergarten children with disabilities and all
17		kindergarten through grade 12 students to cover
18		assessment costs.
19		(Q) Computer technology and equipment investments.
20		Each Organizational Unit shall receive $285.50 per
21		student of the combined ASE of pre-kindergarten
22		children with disabilities and all kindergarten
23		through grade 12 students to cover computer technology
24		and equipment costs. For the 2018-2019 school year and
25		subsequent school years, Organizational Units assigned
26		to Tier 1 and Tier 2 in the prior school year shall

HB1719 Engrossed - 36 - LRB102 03832 CMG 13846 b
1		receive an additional $285.50 per student of the
2		combined ASE of pre-kindergarten children with
3		disabilities and all kindergarten through grade 12
4		students to cover computer technology and equipment
5		costs in the Organizational Unit's Adequacy Target.
6		The State Board may establish additional requirements
7		for Organizational Unit expenditures of funds received
8		pursuant to this subparagraph (Q), including a
9		requirement that funds received pursuant to this
10		subparagraph (Q) may be used only for serving the
11		technology needs of the district. It is the intent of
12		Public Act 100-465 that all Tier 1 and Tier 2 districts
13		receive the addition to their Adequacy Target in the
14		following year, subject to compliance with the
15		requirements of the State Board.
16		(R) Student activities investments. Each
17		Organizational Unit shall receive the following
18		funding amounts to cover student activities: $100 per
19		kindergarten through grade 5 ASE student in elementary
20		school, plus $200 per ASE student in middle school,
21		plus $675 per ASE student in high school.
22		(S) Maintenance and operations investments. Each
23		Organizational Unit shall receive $1,038 per student
24		of the combined ASE of pre-kindergarten children with
25		disabilities and all kindergarten through grade 12
26		students for day-to-day maintenance and operations

HB1719 Engrossed - 37 - LRB102 03832 CMG 13846 b
1		expenditures, including salary, supplies, and
2		materials, as well as purchased services, but
3		excluding employee benefits. The proportion of salary
4		for the application of a Regionalization Factor and
5		the calculation of benefits is equal to $352.92.
6		(T) Central office investments. Each
7		Organizational Unit shall receive $742 per student of
8		the combined ASE of pre-kindergarten children with
9		disabilities and all kindergarten through grade 12
10		students to cover central office operations, including
11		administrators and classified personnel charged with
12		managing the instructional programs, business and
13		operations of the school district, and security
14		personnel. The proportion of salary for the
15		application of a Regionalization Factor and the
16		calculation of benefits is equal to $368.48.
17		(U) Employee benefit investments. Each
18		Organizational Unit shall receive 30% of the total of
19		all salary-calculated elements of the Adequacy Target,
20		excluding substitute teachers and student activities
21		investments, to cover benefit costs. For central
22		office and maintenance and operations investments, the
23		benefit calculation shall be based upon the salary
24		proportion of each investment. If at any time the
25		responsibility for funding the employer normal cost of
26		teacher pensions is assigned to school districts, then

HB1719 Engrossed - 38 - LRB102 03832 CMG 13846 b
1		that amount certified by the Teachers' Retirement
2		System of the State of Illinois to be paid by the
3		Organizational Unit for the preceding school year
4		shall be added to the benefit investment. For any
5		fiscal year in which a school district organized under
6		Article 34 of this Code is responsible for paying the
7		employer normal cost of teacher pensions, then that
8		amount of its employer normal cost plus the amount for
9		retiree health insurance as certified by the Public
10		School Teachers' Pension and Retirement Fund of
11		Chicago to be paid by the school district for the
12		preceding school year that is statutorily required to
13		cover employer normal costs and the amount for retiree
14		health insurance shall be added to the 30% specified
15		in this subparagraph (U). The Teachers' Retirement
16		System of the State of Illinois and the Public School
17		Teachers' Pension and Retirement Fund of Chicago shall
18		submit such information as the State Superintendent
19		may require for the calculations set forth in this
20		subparagraph (U).
21		(V) Additional investments in low-income students.
22		In addition to and not in lieu of all other funding
23		under this paragraph (2), each Organizational Unit
24		shall receive funding based on the average teacher
25		salary for grades K through 12 to cover the costs of:
26		(i) one FTE intervention teacher (tutor)

HB1719 Engrossed - 39 - LRB102 03832 CMG 13846 b
1		position for every 125 Low-Income Count students;
2		(ii) one FTE pupil support staff position for
3		every 125 Low-Income Count students;
4		(iii) one FTE extended day teacher position
5		for every 120 Low-Income Count students; and
6		(iv) one FTE summer school teacher position
7		for every 120 Low-Income Count students.
8		(W) Additional investments in English learner
9		students. In addition to and not in lieu of all other
10		funding under this paragraph (2), each Organizational
11		Unit shall receive funding based on the average
12		teacher salary for grades K through 12 to cover the
13		costs of:
14		(i) one FTE intervention teacher (tutor)
15		position for every 125 English learner students;
16		(ii) one FTE pupil support staff position for
17		every 125 English learner students;
18		(iii) one FTE extended day teacher position
19		for every 120 English learner students;
20		(iv) one FTE summer school teacher position
21		for every 120 English learner students; and
22		(v) one FTE core teacher position for every
23		100 English learner students.
24		(X) Special education investments. Each
25		Organizational Unit shall receive funding based on the
26		average teacher salary for grades K through 12 to

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1		cover special education as follows:
2		(i) one FTE teacher position for every 141
3		combined ASE of pre-kindergarten children with
4		disabilities and all kindergarten through grade 12
5		students;
6		(ii) one FTE instructional assistant for every
7		141 combined ASE of pre-kindergarten children with
8		disabilities and all kindergarten through grade 12
9		students; and
10		(iii) one FTE psychologist position for every
11		1,000 combined ASE of pre-kindergarten children
12		with disabilities and all kindergarten through
13		grade 12 students.
14		(3) For calculating the salaries included within the
15		Essential Elements, the State Superintendent shall
16		annually calculate average salaries to the nearest dollar
17		using the employment information system data maintained by
18		the State Board, limited to public schools only and
19		excluding special education and vocational cooperatives,
20		schools operated by the Department of Juvenile Justice,
21		and charter schools, for the following positions:
22		(A) Teacher for grades K through 8.
23		(B) Teacher for grades 9 through 12.
24		(C) Teacher for grades K through 12.
25		(D) School Guidance counselor for grades K through
26		8.

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1		(E) School Guidance counselor for grades 9 through
2		12.
3		(F) School Guidance counselor for grades K through
4		12.
5		(G) Social worker.
6		(H) Psychologist.
7		(I) Librarian.
8		(J) Nurse.
9		(K) Principal.
10		(L) Assistant principal.
11		For the purposes of this paragraph (3), "teacher"
12		includes core teachers, specialist and elective teachers,
13		instructional facilitators, tutors, special education
14		teachers, pupil support staff teachers, English learner
15		teachers, extended day teachers, and summer school
16		teachers. Where specific grade data is not required for
17		the Essential Elements, the average salary for
18		corresponding positions shall apply. For substitute
19		teachers, the average teacher salary for grades K through
20		12 shall apply.
21		For calculating the salaries included within the
22		Essential Elements for positions not included within EIS
23		Data, the following salaries shall be used in the first
24		year of implementation of Evidence-Based Funding:
25		(i) school site staff, $30,000; and
26		(ii) non-instructional assistant, instructional

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

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1		by multiplying its Adequacy Target by its Local Capacity
2		Ratio.
3		(A) An Organizational Unit's Local Capacity
4		Percentage is the conversion of the Organizational
5		Unit's Local Capacity Ratio, as such ratio is
6		determined in accordance with subparagraph (B) of this
7		paragraph (2), into a cumulative distribution
8		resulting in a percentile ranking to determine each
9		Organizational Unit's relative position to all other
10		Organizational Units in this State. The calculation of
11		Local Capacity Percentage is described in subparagraph
12		(C) of this paragraph (2).
13		(B) An Organizational Unit's Local Capacity Ratio
14		in a given year is the percentage obtained by dividing
15		its Adjusted EAV or PTELL EAV, whichever is less, by
16		its Adequacy Target, with the resulting ratio further
17		adjusted as follows:
18		(i) for Organizational Units serving grades
19		kindergarten through 12 and Hybrid Districts, no
20		further adjustments shall be made;
21		(ii) for Organizational Units serving grades
22		kindergarten through 8, the ratio shall be
23		multiplied by 9/13;
24		(iii) for Organizational Units serving grades
25		9 through 12, the Local Capacity Ratio shall be
26		multiplied by 4/13; and

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1		(iv) for an Organizational Unit with a
2		different grade configuration than those specified
3		in items (i) through (iii) of this subparagraph
4		(B), the State Superintendent shall determine a
5		comparable adjustment based on the grades served.
6		(C) The Local Capacity Percentage is equal to the
7		percentile ranking of the district. Local Capacity
8		Percentage converts each Organizational Unit's Local
9		Capacity Ratio to a cumulative distribution resulting
10		in a percentile ranking to determine each
11		Organizational Unit's relative position to all other
12		Organizational Units in this State. The Local Capacity
13		Percentage cumulative distribution resulting in a
14		percentile ranking for each Organizational Unit shall
15		be calculated using the standard normal distribution
16		of the score in relation to the weighted mean and
17		weighted standard deviation and Local Capacity Ratios
18		of all Organizational Units. If the value assigned to
19		any Organizational Unit is in excess of 90%, the value
20		shall be adjusted to 90%. For Laboratory Schools, the
21		Local Capacity Percentage shall be set at 10% in
22		recognition of the absence of EAV and resources from
23		the public university that are allocated to the
24		Laboratory School. For programs operated by a regional
25		office of education or an intermediate service center,
26		the Local Capacity Percentage must be set at 10% in

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1		recognition of the absence of EAV and resources from
2		school districts that are allocated to the regional
3		office of education or intermediate service center.
4		The weighted mean for the Local Capacity Percentage
5		shall be determined by multiplying each Organizational
6		Unit's Local Capacity Ratio times the ASE for the unit
7		creating a weighted value, summing the weighted values
8		of all Organizational Units, and dividing by the total
9		ASE of all Organizational Units. The weighted standard
10		deviation shall be determined by taking the square
11		root of the weighted variance of all Organizational
12		Units' Local Capacity Ratio, where the variance is
13		calculated by squaring the difference between each
14		unit's Local Capacity Ratio and the weighted mean,
15		then multiplying the variance for each unit times the
16		ASE for the unit to create a weighted variance for each
17		unit, then summing all units' weighted variance and
18		dividing by the total ASE of all units.
19		(D) For any Organizational Unit, the
20		Organizational Unit's Adjusted Local Capacity Target
21		shall be reduced by either (i) the school board's
22		remaining contribution pursuant to paragraph (ii) of
23		subsection (b-4) of Section 16-158 of the Illinois
24		Pension Code in a given year or (ii) the board of
25		education's remaining contribution pursuant to
26		paragraph (iv) of subsection (b) of Section 17-129 of

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1		the Illinois Pension Code absent the employer normal
2		cost portion of the required contribution and amount
3		allowed pursuant to subdivision (3) of Section
4		17-142.1 of the Illinois Pension Code in a given year.
5		In the preceding sentence, item (i) shall be certified
6		to the State Board of Education by the Teachers'
7		Retirement System of the State of Illinois and item
8		(ii) shall be certified to the State Board of
9		Education by the Public School Teachers' Pension and
10		Retirement Fund of the City of Chicago.
11		(3) If an Organizational Unit's Real Receipts are more
12		than its Local Capacity Target, then its Local Capacity
13		shall equal an Adjusted Local Capacity Target as
14		calculated in accordance with this paragraph (3). The
15		Adjusted Local Capacity Target is calculated as the sum of
16		the Organizational Unit's Local Capacity Target and its
17		Real Receipts Adjustment. The Real Receipts Adjustment
18		equals the Organizational Unit's Real Receipts less its
19		Local Capacity Target, with the resulting figure
20		multiplied by the Local Capacity Percentage.
21		As used in this paragraph (3), "Real Percent of
22		Adequacy" means the sum of an Organizational Unit's Real
23		Receipts, CPPRT, and Base Funding Minimum, with the
24		resulting figure divided by the Organizational Unit's
25		Adequacy Target.
26		(d) Calculation of Real Receipts, EAV, and Adjusted EAV

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1		for purposes of the Local Capacity calculation.
2		(1) An Organizational Unit's Real Receipts are the
3		product of its Applicable Tax Rate and its Adjusted EAV.
4		An Organizational Unit's Applicable Tax Rate is its
5		Adjusted Operating Tax Rate for property within the
6		Organizational Unit.
7		(2) The State Superintendent shall calculate the
8		equalized assessed valuation, or EAV, of all taxable
9		property of each Organizational Unit as of September 30 of
10		the previous year in accordance with paragraph (3) of this
11		subsection (d). The State Superintendent shall then
12		determine the Adjusted EAV of each Organizational Unit in
13		accordance with paragraph (4) of this subsection (d),
14		which Adjusted EAV figure shall be used for the purposes
15		of calculating Local Capacity.
16		(3) To calculate Real Receipts and EAV, the Department
17		of Revenue shall supply to the State Superintendent the
18		value as equalized or assessed by the Department of
19		Revenue of all taxable property of every Organizational
20		Unit, together with (i) the applicable tax rate used in
21		extending taxes for the funds of the Organizational Unit
22		as of September 30 of the previous year and (ii) the
23		limiting rate for all Organizational Units subject to
24		property tax extension limitations as imposed under PTELL.
25		(A) The Department of Revenue shall add to the
26		equalized assessed value of all taxable property of

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1		each Organizational Unit situated entirely or
2		partially within a county that is or was subject to the
3		provisions of Section 15-176 or 15-177 of the Property
4		Tax Code (i) an amount equal to the total amount by
5		which the homestead exemption allowed under Section
6		15-176 or 15-177 of the Property Tax Code for real
7		property situated in that Organizational Unit exceeds
8		the total amount that would have been allowed in that
9		Organizational Unit if the maximum reduction under
10		Section 15-176 was (I) $4,500 in Cook County or $3,500
11		in all other counties in tax year 2003 or (II) $5,000
12		in all counties in tax year 2004 and thereafter and
13		(ii) an amount equal to the aggregate amount for the
14		taxable year of all additional exemptions under
15		Section 15-175 of the Property Tax Code for owners
16		with a household income of $30,000 or less. The county
17		clerk of any county that is or was subject to the
18		provisions of Section 15-176 or 15-177 of the Property
19		Tax Code shall annually calculate and certify to the
20		Department of Revenue for each Organizational Unit all
21		homestead exemption amounts under Section 15-176 or
22		15-177 of the Property Tax Code and all amounts of
23		additional exemptions under Section 15-175 of the
24		Property Tax Code for owners with a household income
25		of $30,000 or less. It is the intent of this
26		subparagraph (A) that if the general homestead

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1		exemption for a parcel of property is determined under
2		Section 15-176 or 15-177 of the Property Tax Code
3		rather than Section 15-175, then the calculation of
4		EAV shall not be affected by the difference, if any,
5		between the amount of the general homestead exemption
6		allowed for that parcel of property under Section
7		15-176 or 15-177 of the Property Tax Code and the
8		amount that would have been allowed had the general
9		homestead exemption for that parcel of property been
10		determined under Section 15-175 of the Property Tax
11		Code. It is further the intent of this subparagraph
12		(A) that if additional exemptions are allowed under
13		Section 15-175 of the Property Tax Code for owners
14		with a household income of less than $30,000, then the
15		calculation of EAV shall not be affected by the
16		difference, if any, because of those additional
17		exemptions.
18		(B) With respect to any part of an Organizational
19		Unit within a redevelopment project area in respect to
20		which a municipality has adopted tax increment
21		allocation financing pursuant to the Tax Increment
22		Allocation Redevelopment Act, Division 74.4 of Article
23		11 of the Illinois Municipal Code, or the Industrial
24		Jobs Recovery Law, Division 74.6 of Article 11 of the
25		Illinois Municipal Code, no part of the current EAV of
26		real property located in any such project area that is

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1		attributable to an increase above the total initial
2		EAV of such property shall be used as part of the EAV
3		of the Organizational Unit, until such time as all
4		redevelopment project costs have been paid, as
5		provided in Section 11-74.4-8 of the Tax Increment
6		Allocation Redevelopment Act or in Section 11-74.6-35
7		of the Industrial Jobs Recovery Law. For the purpose
8		of the EAV of the Organizational Unit, the total
9		initial EAV or the current EAV, whichever is lower,
10		shall be used until such time as all redevelopment
11		project costs have been paid.
12		(B-5) The real property equalized assessed
13		valuation for a school district shall be adjusted by
14		subtracting from the real property value, as equalized
15		or assessed by the Department of Revenue, for the
16		district an amount computed by dividing the amount of
17		any abatement of taxes under Section 18-170 of the
18		Property Tax Code by 3.00% for a district maintaining
19		grades kindergarten through 12, by 2.30% for a
20		district maintaining grades kindergarten through 8, or
21		by 1.05% for a district maintaining grades 9 through
22		12 and adjusted by an amount computed by dividing the
23		amount of any abatement of taxes under subsection (a)
24		of Section 18-165 of the Property Tax Code by the same
25		percentage rates for district type as specified in
26		this subparagraph (B-5).

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1		(C) For Organizational Units that are Hybrid
2		Districts, the State Superintendent shall use the
3		lesser of the adjusted equalized assessed valuation
4		for property within the partial elementary unit
5		district for elementary purposes, as defined in
6		Article 11E of this Code, or the adjusted equalized
7		assessed valuation for property within the partial
8		elementary unit district for high school purposes, as
9		defined in Article 11E of this Code.
10		(4) An Organizational Unit's Adjusted EAV shall be the
11		average of its EAV over the immediately preceding 3 years
12		or its EAV in the immediately preceding year if the EAV in
13		the immediately preceding year has declined by 10% or more
14		compared to the 3-year average. In the event of
15		Organizational Unit reorganization, consolidation, or
16		annexation, the Organizational Unit's Adjusted EAV for the
17		first 3 years after such change shall be as follows: the
18		most current EAV shall be used in the first year, the
19		average of a 2-year EAV or its EAV in the immediately
20		preceding year if the EAV declines by 10% or more compared
21		to the 2-year average for the second year, and a 3-year
22		average EAV or its EAV in the immediately preceding year
23		if the Adjusted EAV declines by 10% or more compared to the
24		3-year average for the third year. For any school district
25		whose EAV in the immediately preceding year is used in
26		calculations, in the following year, the Adjusted EAV

HB1719 Engrossed - 52 - LRB102 03832 CMG 13846 b
1		shall be the average of its EAV over the immediately
2		preceding 2 years or the immediately preceding year if
3		that year represents a decline of 10% or more compared to
4		the 2-year average.
5		"PTELL EAV" means a figure calculated by the State
6		Board for Organizational Units subject to PTELL as
7		described in this paragraph (4) for the purposes of
8		calculating an Organizational Unit's Local Capacity Ratio.
9		Except as otherwise provided in this paragraph (4), the
10		PTELL EAV of an Organizational Unit shall be equal to the
11		product of the equalized assessed valuation last used in
12		the calculation of general State aid under Section 18-8.05
13		of this Code (now repealed) or Evidence-Based Funding
14		under this Section and the Organizational Unit's Extension
15		Limitation Ratio. If an Organizational Unit has approved
16		or does approve an increase in its limiting rate, pursuant
17		to Section 18-190 of the Property Tax Code, affecting the
18		Base Tax Year, the PTELL EAV shall be equal to the product
19		of the equalized assessed valuation last used in the
20		calculation of general State aid under Section 18-8.05 of
21		this Code (now repealed) or Evidence-Based Funding under
22		this Section multiplied by an amount equal to one plus the
23		percentage increase, if any, in the Consumer Price Index
24		for All Urban Consumers for all items published by the
25		United States Department of Labor for the 12-month
26		calendar year preceding the Base Tax Year, plus the

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1		equalized assessed valuation of new property, annexed
2		property, and recovered tax increment value and minus the
3		equalized assessed valuation of disconnected property.
4		As used in this paragraph (4), "new property" and
5		"recovered tax increment value" shall have the meanings
6		set forth in the Property Tax Extension Limitation Law.
7		(e) Base Funding Minimum calculation.
8		(1) For the 2017-2018 school year, the Base Funding
9		Minimum of an Organizational Unit or a Specially Funded
10		Unit shall be the amount of State funds distributed to the
11		Organizational Unit or Specially Funded Unit during the
12		2016-2017 school year prior to any adjustments and
13		specified appropriation amounts described in this
14		paragraph (1) from the following Sections, as calculated
15		by the State Superintendent: Section 18-8.05 of this Code
16		(now repealed); Section 5 of Article 224 of Public Act
17		99-524 (equity grants); Section 14-7.02b of this Code
18		(funding for children requiring special education
19		services); Section 14-13.01 of this Code (special
20		education facilities and staffing), except for
21		reimbursement of the cost of transportation pursuant to
22		Section 14-13.01; Section 14C-12 of this Code (English
23		learners); and Section 18-4.3 of this Code (summer
24		school), based on an appropriation level of $13,121,600.
25		For a school district organized under Article 34 of this
26		Code, the Base Funding Minimum also includes (i) the funds

HB1719 Engrossed - 54 - LRB102 03832 CMG 13846 b
1		allocated to the school district pursuant to Section 1D-1
2		of this Code attributable to funding programs authorized
3		by the Sections of this Code listed in the preceding
4		sentence and (ii) the difference between (I) the funds
5		allocated to the school district pursuant to Section 1D-1
6		of this Code attributable to the funding programs
7		authorized by Section 14-7.02 (non-public special
8		education reimbursement), subsection (b) of Section
9		14-13.01 (special education transportation), Section 29-5
10		(transportation), Section 2-3.80 (agricultural
11		education), Section 2-3.66 (truants' alternative
12		education), Section 2-3.62 (educational service centers),
13		and Section 14-7.03 (special education - orphanage) of
14		this Code and Section 15 of the Childhood Hunger Relief
15		Act (free breakfast program) and (II) the school
16		district's actual expenditures for its non-public special
17		education, special education transportation,
18		transportation programs, agricultural education, truants'
19		alternative education, services that would otherwise be
20		performed by a regional office of education, special
21		education orphanage expenditures, and free breakfast, as
22		most recently calculated and reported pursuant to
23		subsection (f) of Section 1D-1 of this Code. The Base
24		Funding Minimum for Glenwood Academy shall be $625,500.
25		For programs operated by a regional office of education or
26		an intermediate service center, the Base Funding Minimum

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1		must be the total amount of State funds allocated to those
2		programs in the 2018-2019 school year and amounts provided
3		pursuant to Article 34 of Public Act 100-586 and Section
4		3-16 of this Code. All programs established after June 5,
5		2019 (the effective date of Public Act 101-10) and
6		administered by a regional office of education or an
7		intermediate service center must have an initial Base
8		Funding Minimum set to an amount equal to the first-year
9		ASE multiplied by the amount of per pupil funding received
10		in the previous school year by the lowest funded similar
11		existing program type. If the enrollment for a program
12		operated by a regional office of education or an
13		intermediate service center is zero, then it may not
14		receive Base Funding Minimum funds for that program in the
15		next fiscal year, and those funds must be distributed to
16		Organizational Units under subsection (g).
17		(2) For the 2018-2019 and subsequent school years, the
18		Base Funding Minimum of Organizational Units and Specially
19		Funded Units shall be the sum of (i) the amount of
20		Evidence-Based Funding for the prior school year, (ii) the
21		Base Funding Minimum for the prior school year, and (iii)
22		any amount received by a school district pursuant to
23		Section 7 of Article 97 of Public Act 100-21.
24		(3) Subject to approval by the General Assembly as
25		provided in this paragraph (3), an Organizational Unit
26		that meets all of the following criteria, as determined by

HB1719 Engrossed - 56 - LRB102 03832 CMG 13846 b
1		the State Board, shall have District Intervention Money
2		added to its Base Funding Minimum at the time the Base
3		Funding Minimum is calculated by the State Board:
4		(A) The Organizational Unit is operating under an
5		Independent Authority under Section 2-3.25f-5 of this
6		Code for a minimum of 4 school years or is subject to
7		the control of the State Board pursuant to a court
8		order for a minimum of 4 school years.
9		(B) The Organizational Unit was designated as a
10		Tier 1 or Tier 2 Organizational Unit in the previous
11		school year under paragraph (3) of subsection (g) of
12		this Section.
13		(C) The Organizational Unit demonstrates
14		sustainability through a 5-year financial and
15		strategic plan.
16		(D) The Organizational Unit has made sufficient
17		progress and achieved sufficient stability in the
18		areas of governance, academic growth, and finances.
19		As part of its determination under this paragraph (3),
20		the State Board may consider the Organizational Unit's
21		summative designation, any accreditations of the
22		Organizational Unit, or the Organizational Unit's
23		financial profile, as calculated by the State Board.
24		If the State Board determines that an Organizational
25		Unit has met the criteria set forth in this paragraph (3),
26		it must submit a report to the General Assembly, no later

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1		than January 2 of the fiscal year in which the State Board
2		makes it determination, on the amount of District
3		Intervention Money to add to the Organizational Unit's
4		Base Funding Minimum. The General Assembly must review the
5		State Board's report and may approve or disapprove, by
6		joint resolution, the addition of District Intervention
7		Money. If the General Assembly fails to act on the report
8		within 40 calendar days from the receipt of the report,
9		the addition of District Intervention Money is deemed
10		approved. If the General Assembly approves the amount of
11		District Intervention Money to be added to the
12		Organizational Unit's Base Funding Minimum, the District
13		Intervention Money must be added to the Base Funding
14		Minimum annually thereafter.
15		For the first 4 years following the initial year that
16		the State Board determines that an Organizational Unit has
17		met the criteria set forth in this paragraph (3) and has
18		received funding under this Section, the Organizational
19		Unit must annually submit to the State Board, on or before
20		November 30, a progress report regarding its financial and
21		strategic plan under subparagraph (C) of this paragraph
22		(3). The plan shall include the financial data from the
23		past 4 annual financial reports or financial audits that
24		must be presented to the State Board by November 15 of each
25		year and the approved budget financial data for the
26		current year. The plan shall be developed according to the

HB1719 Engrossed - 58 - LRB102 03832 CMG 13846 b
1		guidelines presented to the Organizational Unit by the
2		State Board. The plan shall further include financial
3		projections for the next 3 fiscal years and include a
4		discussion and financial summary of the Organizational
5		Unit's facility needs. If the Organizational Unit does not
6		demonstrate sufficient progress toward its 5-year plan or
7		if it has failed to file an annual financial report, an
8		annual budget, a financial plan, a deficit reduction plan,
9		or other financial information as required by law, the
10		State Board may establish a Financial Oversight Panel
11		under Article 1H of this Code. However, if the
12		Organizational Unit already has a Financial Oversight
13		Panel, the State Board may extend the duration of the
14		Panel.
15		(f) Percent of Adequacy and Final Resources calculation.
16		(1) The Evidence-Based Funding formula establishes a
17		Percent of Adequacy for each Organizational Unit in order
18		to place such units into tiers for the purposes of the
19		funding distribution system described in subsection (g) of
20		this Section. Initially, an Organizational Unit's
21		Preliminary Resources and Preliminary Percent of Adequacy
22		are calculated pursuant to paragraph (2) of this
23		subsection (f). Then, an Organizational Unit's Final
24		Resources and Final Percent of Adequacy are calculated to
25		account for the Organizational Unit's poverty
26		concentration levels pursuant to paragraphs (3) and (4) of

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1		this subsection (f).
2		(2) An Organizational Unit's Preliminary Resources are
3		equal to the sum of its Local Capacity Target, CPPRT, and
4		Base Funding Minimum. An Organizational Unit's Preliminary
5		Percent of Adequacy is the lesser of (i) its Preliminary
6		Resources divided by its Adequacy Target or (ii) 100%.
7		(3) Except for Specially Funded Units, an
8		Organizational Unit's Final Resources are equal to the sum
9		of its Local Capacity, CPPRT, and Adjusted Base Funding
10		Minimum. The Base Funding Minimum of each Specially Funded
11		Unit shall serve as its Final Resources, except that the
12		Base Funding Minimum for State-approved charter schools
13		shall not include any portion of general State aid
14		allocated in the prior year based on the per capita
15		tuition charge times the charter school enrollment.
16		(4) An Organizational Unit's Final Percent of Adequacy
17		is its Final Resources divided by its Adequacy Target. An
18		Organizational Unit's Adjusted Base Funding Minimum is
19		equal to its Base Funding Minimum less its Supplemental
20		Grant Funding, with the resulting figure added to the
21		product of its Supplemental Grant Funding and Preliminary
22		Percent of Adequacy.
23		(g) Evidence-Based Funding formula distribution system.
24		(1) In each school year under the Evidence-Based
25		Funding formula, each Organizational Unit receives funding
26		equal to the sum of its Base Funding Minimum and the unit's

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1		allocation of New State Funds determined pursuant to this
2		subsection (g). To allocate New State Funds, the
3		Evidence-Based Funding formula distribution system first
4		places all Organizational Units into one of 4 tiers in
5		accordance with paragraph (3) of this subsection (g),
6		based on the Organizational Unit's Final Percent of
7		Adequacy. New State Funds are allocated to each of the 4
8		tiers as follows: Tier 1 Aggregate Funding equals 50% of
9		all New State Funds, Tier 2 Aggregate Funding equals 49%
10		of all New State Funds, Tier 3 Aggregate Funding equals
11		0.9% of all New State Funds, and Tier 4 Aggregate Funding
12		equals 0.1% of all New State Funds. Each Organizational
13		Unit within Tier 1 or Tier 2 receives an allocation of New
14		State Funds equal to its tier Funding Gap, as defined in
15		the following sentence, multiplied by the tier's
16		Allocation Rate determined pursuant to paragraph (4) of
17		this subsection (g). For Tier 1, an Organizational Unit's
18		Funding Gap equals the tier's Target Ratio, as specified
19		in paragraph (5) of this subsection (g), multiplied by the
20		Organizational Unit's Adequacy Target, with the resulting
21		amount reduced by the Organizational Unit's Final
22		Resources. For Tier 2, an Organizational Unit's Funding
23		Gap equals the tier's Target Ratio, as described in
24		paragraph (5) of this subsection (g), multiplied by the
25		Organizational Unit's Adequacy Target, with the resulting
26		amount reduced by the Organizational Unit's Final

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1		Resources and its Tier 1 funding allocation. To determine
2		the Organizational Unit's Funding Gap, the resulting
3		amount is then multiplied by a factor equal to one minus
4		the Organizational Unit's Local Capacity Target
5		percentage. Each Organizational Unit within Tier 3 or Tier
6		4 receives an allocation of New State Funds equal to the
7		product of its Adequacy Target and the tier's Allocation
8		Rate, as specified in paragraph (4) of this subsection
9		(g).
10		(2) To ensure equitable distribution of dollars for
11		all Tier 2 Organizational Units, no Tier 2 Organizational
12		Unit shall receive fewer dollars per ASE than any Tier 3
13		Organizational Unit. Each Tier 2 and Tier 3 Organizational
14		Unit shall have its funding allocation divided by its ASE.
15		Any Tier 2 Organizational Unit with a funding allocation
16		per ASE below the greatest Tier 3 allocation per ASE shall
17		get a funding allocation equal to the greatest Tier 3
18		funding allocation per ASE multiplied by the
19		Organizational Unit's ASE. Each Tier 2 Organizational
20		Unit's Tier 2 funding allocation shall be multiplied by
21		the percentage calculated by dividing the original Tier 2
22		Aggregate Funding by the sum of all Tier 2 Organizational
23		Units' Tier 2 funding allocation after adjusting
24		districts' funding below Tier 3 levels.
25		(3) Organizational Units are placed into one of 4
26		tiers as follows:

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1		(A) Tier 1 consists of all Organizational Units,
2		except for Specially Funded Units, with a Percent of
3		Adequacy less than the Tier 1 Target Ratio. The Tier 1
4		Target Ratio is the ratio level that allows for Tier 1
5		Aggregate Funding to be distributed, with the Tier 1
6		Allocation Rate determined pursuant to paragraph (4)
7		of this subsection (g).
8		(B) Tier 2 consists of all Tier 1 Units and all
9		other Organizational Units, except for Specially
10		Funded Units, with a Percent of Adequacy of less than
11		0.90.
12		(C) Tier 3 consists of all Organizational Units,
13		except for Specially Funded Units, with a Percent of
14		Adequacy of at least 0.90 and less than 1.0.
15		(D) Tier 4 consists of all Organizational Units
16		with a Percent of Adequacy of at least 1.0.
17		(4) The Allocation Rates for Tiers 1 through 4 are
18		determined as follows:
19		(A) The Tier 1 Allocation Rate is 30%.
20		(B) The Tier 2 Allocation Rate is the result of the
21		following equation: Tier 2 Aggregate Funding, divided
22		by the sum of the Funding Gaps for all Tier 2
23		Organizational Units, unless the result of such
24		equation is higher than 1.0. If the result of such
25		equation is higher than 1.0, then the Tier 2
26		Allocation Rate is 1.0.

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1		(C) The Tier 3 Allocation Rate is the result of the
2		following equation: Tier 3 Aggregate Funding, divided
3		by the sum of the Adequacy Targets of all Tier 3
4		Organizational Units.
5		(D) The Tier 4 Allocation Rate is the result of the
6		following equation: Tier 4 Aggregate Funding, divided
7		by the sum of the Adequacy Targets of all Tier 4
8		Organizational Units.
9		(5) A tier's Target Ratio is determined as follows:
10		(A) The Tier 1 Target Ratio is the ratio level that
11		allows for Tier 1 Aggregate Funding to be distributed
12		with the Tier 1 Allocation Rate.
13		(B) The Tier 2 Target Ratio is 0.90.
14		(C) The Tier 3 Target Ratio is 1.0.
15		(6) If, at any point, the Tier 1 Target Ratio is
16		greater than 90%, then than all Tier 1 funding shall be
17		allocated to Tier 2 and no Tier 1 Organizational Unit's
18		funding may be identified.
19		(7) In the event that all Tier 2 Organizational Units
20		receive funding at the Tier 2 Target Ratio level, any
21		remaining New State Funds shall be allocated to Tier 3 and
22		Tier 4 Organizational Units.
23		(8) If any Specially Funded Units, excluding Glenwood
24		Academy, recognized by the State Board do not qualify for
25		direct funding following the implementation of Public Act
26		100-465 from any of the funding sources included within

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1		the definition of Base Funding Minimum, the unqualified
2		portion of the Base Funding Minimum shall be transferred
3		to one or more appropriate Organizational Units as
4		determined by the State Superintendent based on the prior
5		year ASE of the Organizational Units.
6		(8.5) If a school district withdraws from a special
7		education cooperative, the portion of the Base Funding
8		Minimum that is attributable to the school district may be
9		redistributed to the school district upon withdrawal. The
10		school district and the cooperative must include the
11		amount of the Base Funding Minimum that is to be
12		reapportioned in their withdrawal agreement and notify the
13		State Board of the change with a copy of the agreement upon
14		withdrawal.
15		(9) The Minimum Funding Level is intended to establish
16		a target for State funding that will keep pace with
17		inflation and continue to advance equity through the
18		Evidence-Based Funding formula. The target for State
19		funding of New Property Tax Relief Pool Funds is
20		$50,000,000 for State fiscal year 2019 and subsequent
21		State fiscal years. The Minimum Funding Level is equal to
22		$350,000,000. In addition to any New State Funds, no more
23		than $50,000,000 New Property Tax Relief Pool Funds may be
24		counted toward the Minimum Funding Level. If the sum of
25		New State Funds and applicable New Property Tax Relief
26		Pool Funds are less than the Minimum Funding Level, than

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1		funding for tiers shall be reduced in the following
2		manner:
3		(A) First, Tier 4 funding shall be reduced by an
4		amount equal to the difference between the Minimum
5		Funding Level and New State Funds until such time as
6		Tier 4 funding is exhausted.
7		(B) Next, Tier 3 funding shall be reduced by an
8		amount equal to the difference between the Minimum
9		Funding Level and New State Funds and the reduction in
10		Tier 4 funding until such time as Tier 3 funding is
11		exhausted.
12		(C) Next, Tier 2 funding shall be reduced by an
13		amount equal to the difference between the Minimum
14		Funding Level and New State Funds and the reduction in
15		Tier 4 and Tier 3.
16		(D) Finally, Tier 1 funding shall be reduced by an
17		amount equal to the difference between the Minimum
18		Funding level and New State Funds and the reduction in
19		Tier 2, 3, and 4 funding. In addition, the Allocation
20		Rate for Tier 1 shall be reduced to a percentage equal
21		to the Tier 1 Allocation Rate set by paragraph (4) of
22		this subsection (g), multiplied by the result of New
23		State Funds divided by the Minimum Funding Level.
24		(9.5) For State fiscal year 2019 and subsequent State
25		fiscal years, if New State Funds exceed $300,000,000, then
26		any amount in excess of $300,000,000 shall be dedicated

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1		for purposes of Section 2-3.170 of this Code up to a
2		maximum of $50,000,000.
3		(10) In the event of a decrease in the amount of the
4		appropriation for this Section in any fiscal year after
5		implementation of this Section, the Organizational Units
6		receiving Tier 1 and Tier 2 funding, as determined under
7		paragraph (3) of this subsection (g), shall be held
8		harmless by establishing a Base Funding Guarantee equal to
9		the per pupil kindergarten through grade 12 funding
10		received in accordance with this Section in the prior
11		fiscal year. Reductions shall be made to the Base Funding
12		Minimum of Organizational Units in Tier 3 and Tier 4 on a
13		per pupil basis equivalent to the total number of the ASE
14		in Tier 3-funded and Tier 4-funded Organizational Units
15		divided by the total reduction in State funding. The Base
16		Funding Minimum as reduced shall continue to be applied to
17		Tier 3 and Tier 4 Organizational Units and adjusted by the
18		relative formula when increases in appropriations for this
19		Section resume. In no event may State funding reductions
20		to Organizational Units in Tier 3 or Tier 4 exceed an
21		amount that would be less than the Base Funding Minimum
22		established in the first year of implementation of this
23		Section. If additional reductions are required, all school
24		districts shall receive a reduction by a per pupil amount
25		equal to the aggregate additional appropriation reduction
26		divided by the total ASE of all Organizational Units.

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1		(11) The State Superintendent shall make minor
2		adjustments to the distribution formula set forth in this
3		subsection (g) to account for the rounding of percentages
4		to the nearest tenth of a percentage and dollar amounts to
5		the nearest whole dollar.
6		(h) State Superintendent administration of funding and
7		district submission requirements.
8		(1) The State Superintendent shall, in accordance with
9		appropriations made by the General Assembly, meet the
10		funding obligations created under this Section.
11		(2) The State Superintendent shall calculate the
12		Adequacy Target for each Organizational Unit and Net State
13		Contribution Target for each Organizational Unit under
14		this Section. No Evidence-Based Funding shall be
15		distributed within an Organizational Unit without the
16		approval of the unit's school board.
17		(3) Annually, the State Superintendent shall calculate
18		and report to each Organizational Unit the unit's
19		aggregate financial adequacy amount, which shall be the
20		sum of the Adequacy Target for each Organizational Unit.
21		The State Superintendent shall calculate and report
22		separately for each Organizational Unit the unit's total
23		State funds allocated for its students with disabilities.
24		The State Superintendent shall calculate and report
25		separately for each Organizational Unit the amount of
26		funding and applicable FTE calculated for each Essential

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1		Element of the unit's Adequacy Target.
2		(4) Annually, the State Superintendent shall calculate
3		and report to each Organizational Unit the amount the unit
4		must expend on special education and bilingual education
5		and computer technology and equipment for Organizational
6		Units assigned to Tier 1 or Tier 2 that received an
7		additional $285.50 per student computer technology and
8		equipment investment grant to their Adequacy Target
9		pursuant to the unit's Base Funding Minimum, Special
10		Education Allocation, Bilingual Education Allocation, and
11		computer technology and equipment investment allocation.
12		(5) Moneys distributed under this Section shall be
13		calculated on a school year basis, but paid on a fiscal
14		year basis, with payments beginning in August and
15		extending through June. Unless otherwise provided, the
16		moneys appropriated for each fiscal year shall be
17		distributed in 22 equal payments at least 2 times monthly
18		to each Organizational Unit. If moneys appropriated for
19		any fiscal year are distributed other than monthly, the
20		distribution shall be on the same basis for each
21		Organizational Unit.
22		(6) Any school district that fails, for any given
23		school year, to maintain school as required by law or to
24		maintain a recognized school is not eligible to receive
25		Evidence-Based Funding. In case of non-recognition of one
26		or more attendance centers in a school district otherwise

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

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

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

HB1719 Engrossed - 72 - LRB102 03832 CMG 13846 b
1		(2) of subsection (b).
2		(D) Student activities under subparagraph (R) of
3		paragraph (2) of subsection (b).
4		(E) Maintenance and operations under subparagraph
5		(S) of paragraph (2) of subsection (b).
6		(F) Central office under subparagraph (T) of
7		paragraph (2) of subsection (b).
8		(i) Professional Review Panel.
9		(1) A Professional Review Panel is created to study
10		and review topics related to the implementation and effect
11		of Evidence-Based Funding, as assigned by a joint
12		resolution or Public Act of the General Assembly or a
13		motion passed by the State Board of Education. The Panel
14		must provide recommendations to and serve the Governor,
15		the General Assembly, and the State Board. The State
16		Superintendent or his or her designee must serve as a
17		voting member and chairperson of the Panel. The State
18		Superintendent must appoint a vice chairperson from the
19		membership of the Panel. The Panel must advance
20		recommendations based on a three-fifths majority vote of
21		Panel members present and voting. A minority opinion may
22		also accompany any recommendation of the Panel. The Panel
23		shall be appointed by the State Superintendent, except as
24		otherwise provided in paragraph (2) of this subsection (i)
25		and include the following members:
26		(A) Two appointees that represent district

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1		superintendents, recommended by a statewide
2		organization that represents district superintendents.
3		(B) Two appointees that represent school boards,
4		recommended by a statewide organization that
5		represents school boards.
6		(C) Two appointees from districts that represent
7		school business officials, recommended by a statewide
8		organization that represents school business
9		officials.
10		(D) Two appointees that represent school
11		principals, recommended by a statewide organization
12		that represents school principals.
13		(E) Two appointees that represent teachers,
14		recommended by a statewide organization that
15		represents teachers.
16		(F) Two appointees that represent teachers,
17		recommended by another statewide organization that
18		represents teachers.
19		(G) Two appointees that represent regional
20		superintendents of schools, recommended by
21		organizations that represent regional superintendents.
22		(H) Two independent experts selected solely by the
23		State Superintendent.
24		(I) Two independent experts recommended by public
25		universities in this State.
26		(J) One member recommended by a statewide

HB1719 Engrossed - 74 - LRB102 03832 CMG 13846 b
1		organization that represents parents.
2		(K) Two representatives recommended by collective
3		impact organizations that represent major metropolitan
4		areas or geographic areas in Illinois.
5		(L) One member from a statewide organization
6		focused on research-based education policy to support
7		a school system that prepares all students for
8		college, a career, and democratic citizenship.
9		(M) One representative from a school district
10		organized under Article 34 of this Code.
11		The State Superintendent shall ensure that the
12		membership of the Panel includes representatives from
13		school districts and communities reflecting the
14		geographic, socio-economic, racial, and ethnic diversity
15		of this State. The State Superintendent shall additionally
16		ensure that the membership of the Panel includes
17		representatives with expertise in bilingual education and
18		special education. Staff from the State Board shall staff
19		the Panel.
20		(2) In addition to those Panel members appointed by
21		the State Superintendent, 4 members of the General
22		Assembly shall be appointed as follows: one member of the
23		House of Representatives appointed by the Speaker of the
24		House of Representatives, one member of the Senate
25		appointed by the President of the Senate, one member of
26		the House of Representatives appointed by the Minority

HB1719 Engrossed - 75 - LRB102 03832 CMG 13846 b
1		Leader of the House of Representatives, and one member of
2		the Senate appointed by the Minority Leader of the Senate.
3		There shall be one additional member appointed by the
4		Governor. All members appointed by legislative leaders or
5		the Governor shall be non-voting, ex officio members.
6		(3) The Panel must study topics at the direction of
7		the General Assembly or State Board of Education, as
8		provided under paragraph (1). The Panel may also study the
9		following topics at the direction of the chairperson:
10		(A) The format and scope of annual spending plans
11		referenced in paragraph (9) of subsection (h) of this
12		Section.
13		(B) The Comparable Wage Index under this Section.
14		(C) Maintenance and operations, including capital
15		maintenance and construction costs.
16		(D) "At-risk student" definition.
17		(E) Benefits.
18		(F) Technology.
19		(G) Local Capacity Target.
20		(H) Funding for Alternative Schools, Laboratory
21		Schools, safe schools, and alternative learning
22		opportunities programs.
23		(I) Funding for college and career acceleration
24		strategies.
25		(J) Special education investments.
26		(K) Early childhood investments, in collaboration

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1		with the Illinois Early Learning Council.
2		(4) (Blank).
3		(5) Within 5 years after the implementation of this
4		Section, and every 5 years thereafter, the Panel shall
5		complete an evaluative study of the entire Evidence-Based
6		Funding model, including an assessment of whether or not
7		the formula is achieving State goals. The Panel shall
8		report to the State Board, the General Assembly, and the
9		Governor on the findings of the study.
10		(6) (Blank).
11		(j) References. Beginning July 1, 2017, references in
12		other laws to general State aid funds or calculations under
13		Section 18-8.05 of this Code (now repealed) shall be deemed to
14		be references to evidence-based model formula funds or
15		calculations under this Section.
16		(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
17		100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
18		6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
19		(105 ILCS 5/22-88)
20		Sec. 22-88 22-85. Parental notification of law enforcement
21		detainment and questioning on school grounds.
22		(a) In this Section, "school grounds" means the real
23		property comprising an active and operational elementary or
24		secondary school during the regular hours in which school is
25		in session and when students are present.

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1		(b) Before detaining and questioning a student on school
2		grounds who is under 18 years of age and who is suspected of
3		committing a criminal act, a law enforcement officer, a school
4		resource officer, or other school security personnel must do
5		all of the following:
6		(1) Ensure that notification or attempted notification
7		of the student's parent or guardian is made.
8		(2) Document the time and manner in which the
9		notification or attempted notification under paragraph (1)
10		occurred.
11		(3) Make reasonable efforts to ensure that the
12		student's parent or guardian is present during the
13		questioning or, if the parent or guardian is not present,
14		ensure that school personnel, including, but not limited
15		to, a school social worker, a school psychologist, a
16		school nurse, a school guidance counselor, or any other
17		mental health professional, are present during the
18		questioning.
19		(4) If practicable, make reasonable efforts to ensure
20		that a law enforcement officer trained in promoting safe
21		interactions and communications with youth is present
22		during the questioning. An officer who received training
23		in youth investigations approved or certified by his or
24		her law enforcement agency or under Section 10.22 of the
25		Police Training Act or a juvenile police officer, as
26		defined under Section 1-3 of the Juvenile Court Act of

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1		1987, satisfies the requirement under this paragraph.
2		(c) This Section does not limit the authority of a law
3		enforcement officer to make an arrest on school grounds. This
4		Section does not apply to circumstances that would cause a
5		reasonable person to believe that urgent and immediate action
6		is necessary to do any of the following:
7		(1) Prevent bodily harm or injury to the student or
8		any other person.
9		(2) Apprehend an armed or fleeing suspect.
10		(3) Prevent the destruction of evidence.
11		(4) Address an emergency or other dangerous situation.
12		(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)
13		(105 ILCS 5/27-23.7)
14		Sec. 27-23.7. Bullying prevention.
15		(a) The General Assembly finds that a safe and civil
16		school environment is necessary for students to learn and
17		achieve and that bullying causes physical, psychological, and
18		emotional harm to students and interferes with students'
19		ability to learn and participate in school activities. The
20		General Assembly further finds that bullying has been linked
21		to other forms of antisocial behavior, such as vandalism,
22		shoplifting, skipping and dropping out of school, fighting,
23		using drugs and alcohol, sexual harassment, and sexual
24		violence. Because of the negative outcomes associated with
25		bullying in schools, the General Assembly finds that school

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1		districts, charter schools, and non-public, non-sectarian
2		elementary and secondary schools should educate students,
3		parents, and school district, charter school, or non-public,
4		non-sectarian elementary or secondary school personnel about
5		what behaviors constitute prohibited bullying.
6		Bullying on the basis of actual or perceived race, color,
7		religion, sex, national origin, ancestry, age, marital status,
8		physical or mental disability, military status, sexual
9		orientation, gender-related identity or expression,
10		unfavorable discharge from military service, association with
11		a person or group with one or more of the aforementioned actual
12		or perceived characteristics, or any other distinguishing
13		characteristic is prohibited in all school districts, charter
14		schools, and non-public, non-sectarian elementary and
15		secondary schools. No student shall be subjected to bullying:
16		(1) during any school-sponsored education program or
17		activity;
18		(2) while in school, on school property, on school
19		buses or other school vehicles, at designated school bus
20		stops waiting for the school bus, or at school-sponsored
21		or school-sanctioned events or activities;
22		(3) through the transmission of information from a
23		school computer, a school computer network, or other
24		similar electronic school equipment; or
25		(4) through the transmission of information from a
26		computer that is accessed at a nonschool-related location,

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1		activity, function, or program or from the use of
2		technology or an electronic device that is not owned,
3		leased, or used by a school district or school if the
4		bullying causes a substantial disruption to the
5		educational process or orderly operation of a school. This
6		item (4) applies only in cases in which a school
7		administrator or teacher receives a report that bullying
8		through this means has occurred and does not require a
9		district or school to staff or monitor any
10		nonschool-related activity, function, or program.
11		(a-5) Nothing in this Section is intended to infringe upon
12		any right to exercise free expression or the free exercise of
13		religion or religiously based views protected under the First
14		Amendment to the United States Constitution or under Section 3
15		of Article I of the Illinois Constitution.
16		(b) In this Section:
17		"Bullying" includes "cyber-bullying" and means any severe
18		or pervasive physical or verbal act or conduct, including
19		communications made in writing or electronically, directed
20		toward a student or students that has or can be reasonably
21		predicted to have the effect of one or more of the following:
22		(1) placing the student or students in reasonable fear
23		of harm to the student's or students' person or property;
24		(2) causing a substantially detrimental effect on the
25		student's or students' physical or mental health;
26		(3) substantially interfering with the student's or

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1		students' academic performance; or
2		(4) substantially interfering with the student's or
3		students' ability to participate in or benefit from the
4		services, activities, or privileges provided by a school.
5		Bullying, as defined in this subsection (b), may take
6		various forms, including without limitation one or more of the
7		following: harassment, threats, intimidation, stalking,
8		physical violence, sexual harassment, sexual violence, theft,
9		public humiliation, destruction of property, or retaliation
10		for asserting or alleging an act of bullying. This list is
11		meant to be illustrative and non-exhaustive.
12		"Cyber-bullying" means bullying through the use of
13		technology or any electronic communication, including without
14		limitation any transfer of signs, signals, writing, images,
15		sounds, data, or intelligence of any nature transmitted in
16		whole or in part by a wire, radio, electromagnetic system,
17		photoelectronic system, or photooptical system, including
18		without limitation electronic mail, Internet communications,
19		instant messages, or facsimile communications.
20		"Cyber-bullying" includes the creation of a webpage or weblog
21		in which the creator assumes the identity of another person or
22		the knowing impersonation of another person as the author of
23		posted content or messages if the creation or impersonation
24		creates any of the effects enumerated in the definition of
25		bullying in this Section. "Cyber-bullying" also includes the
26		distribution by electronic means of a communication to more

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1		than one person or the posting of material on an electronic
2		medium that may be accessed by one or more persons if the
3		distribution or posting creates any of the effects enumerated
4		in the definition of bullying in this Section.
5		"Policy on bullying" means a bullying prevention policy
6		that meets the following criteria:
7		(1) Includes the bullying definition provided in this
8		Section.
9		(2) Includes a statement that bullying is contrary to
10		State law and the policy of the school district, charter
11		school, or non-public, non-sectarian elementary or
12		secondary school and is consistent with subsection (a-5)
13		of this Section.
14		(3) Includes procedures for promptly reporting
15		bullying, including, but not limited to, identifying and
16		providing the school e-mail address (if applicable) and
17		school telephone number for the staff person or persons
18		responsible for receiving such reports and a procedure for
19		anonymous reporting; however, this shall not be construed
20		to permit formal disciplinary action solely on the basis
21		of an anonymous report.
22		(4) Consistent with federal and State laws and rules
23		governing student privacy rights, includes procedures for
24		promptly informing parents or guardians of all students
25		involved in the alleged incident of bullying and
26		discussing, as appropriate, the availability of social

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1		work services, counseling, school psychological services,
2		other interventions, and restorative measures.
3		(5) Contains procedures for promptly investigating and
4		addressing reports of bullying, including the following:
5		(A) Making all reasonable efforts to complete the
6		investigation within 10 school days after the date the
7		report of the incident of bullying was received and
8		taking into consideration additional relevant
9		information received during the course of the
10		investigation about the reported incident of bullying.
11		(B) Involving appropriate school support personnel
12		and other staff persons with knowledge, experience,
13		and training on bullying prevention, as deemed
14		appropriate, in the investigation process.
15		(C) Notifying the principal or school
16		administrator or his or her designee of the report of
17		the incident of bullying as soon as possible after the
18		report is received.
19		(D) Consistent with federal and State laws and
20		rules governing student privacy rights, providing
21		parents and guardians of the students who are parties
22		to the investigation information about the
23		investigation and an opportunity to meet with the
24		principal or school administrator or his or her
25		designee to discuss the investigation, the findings of
26		the investigation, and the actions taken to address

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1		the reported incident of bullying.
2		(6) Includes the interventions that can be taken to
3		address bullying, which may include, but are not limited
4		to, school social work services, restorative measures,
5		social-emotional skill building, counseling, school
6		psychological services, and community-based services.
7		(7) Includes a statement prohibiting reprisal or
8		retaliation against any person who reports an act of
9		bullying and the consequences and appropriate remedial
10		actions for a person who engages in reprisal or
11		retaliation.
12		(8) Includes consequences and appropriate remedial
13		actions for a person found to have falsely accused another
14		of bullying as a means of retaliation or as a means of
15		bullying.
16		(9) Is based on the engagement of a range of school
17		stakeholders, including students and parents or guardians.
18		(10) Is posted on the school district's, charter
19		school's, or non-public, non-sectarian elementary or
20		secondary school's existing Internet website, is included
21		in the student handbook, and, where applicable, posted
22		where other policies, rules, and standards of conduct are
23		currently posted in the school and provided periodically
24		throughout the school year to students and faculty, and is
25		distributed annually to parents, guardians, students, and
26		school personnel, including new employees when hired.

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1		(11) As part of the process of reviewing and
2		re-evaluating the policy under subsection (d) of this
3		Section, contains a policy evaluation process to assess
4		the outcomes and effectiveness of the policy that
5		includes, but is not limited to, factors such as the
6		frequency of victimization; student, staff, and family
7		observations of safety at a school; identification of
8		areas of a school where bullying occurs; the types of
9		bullying utilized; and bystander intervention or
10		participation. The school district, charter school, or
11		non-public, non-sectarian elementary or secondary school
12		may use relevant data and information it already collects
13		for other purposes in the policy evaluation. The
14		information developed as a result of the policy evaluation
15		must be made available on the Internet website of the
16		school district, charter school, or non-public,
17		non-sectarian elementary or secondary school. If an
18		Internet website is not available, the information must be
19		provided to school administrators, school board members,
20		school personnel, parents, guardians, and students.
21		(12) Is consistent with the policies of the school
22		board, charter school, or non-public, non-sectarian
23		elementary or secondary school.
24		"Restorative measures" means a continuum of school-based
25		alternatives to exclusionary discipline, such as suspensions
26		and expulsions, that: (i) are adapted to the particular needs

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1		of the school and community, (ii) contribute to maintaining
2		school safety, (iii) protect the integrity of a positive and
3		productive learning climate, (iv) teach students the personal
4		and interpersonal skills they will need to be successful in
5		school and society, (v) serve to build and restore
6		relationships among students, families, schools, and
7		communities, and (vi) reduce the likelihood of future
8		disruption by balancing accountability with an understanding
9		of students' behavioral health needs in order to keep students
10		in school.
11		"School personnel" means persons employed by, on contract
12		with, or who volunteer in a school district, charter school,
13		or non-public, non-sectarian elementary or secondary school,
14		including without limitation school and school district
15		administrators, teachers, school guidance counselors, school
16		social workers, school counselors, school psychologists,
17		school nurses, cafeteria workers, custodians, bus drivers,
18		school resource officers, and security guards.
19		(c) (Blank).
20		(d) Each school district, charter school, and non-public,
21		non-sectarian elementary or secondary school shall create,
22		maintain, and implement a policy on bullying, which policy
23		must be filed with the State Board of Education. The policy or
24		implementing procedure shall include a process to investigate
25		whether a reported act of bullying is within the permissible
26		scope of the district's or school's jurisdiction and shall

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1		require that the district or school provide the victim with
2		information regarding services that are available within the
3		district and community, such as counseling, support services,
4		and other programs. School personnel available for help with a
5		bully or to make a report about bullying shall be made known to
6		parents or legal guardians, students, and school personnel.
7		Every 2 years, each school district, charter school, and
8		non-public, non-sectarian elementary or secondary school shall
9		conduct a review and re-evaluation of its policy and make any
10		necessary and appropriate revisions. The policy must be filed
11		with the State Board of Education after being updated. The
12		State Board of Education shall monitor and provide technical
13		support for the implementation of policies created under this
14		subsection (d).
15		(e) This Section shall not be interpreted to prevent a
16		victim from seeking redress under any other available civil or
17		criminal law.
18		(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
19		(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
20		Sec. 34-18.8. AIDS training. School guidance counselors,
21		nurses, teachers and other school personnel who work with
22		pupils may be trained to have a basic knowledge of matters
23		relating to acquired immunodeficiency syndrome (AIDS),
24		including the nature of the disease, its causes and effects,
25		the means of detecting it and preventing its transmission, the

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1		availability of appropriate sources of counseling and
2		referral, and any other information that may be appropriate
3		considering the age and grade level of such pupils. The Board
4		of Education shall supervise such training. The State Board of
5		Education and the Department of Public Health shall jointly
6		develop standards for such training.
7		(Source: P.A. 86-900.)
8		Section 10. The Seizure Smart School Act is amended by
9		changing Section 10 as follows:
10		(105 ILCS 150/10)
11		Sec. 10. Definitions. In this Act:
12		"Delegated care aide" means a school employee or
13		paraprofessional who has agreed to receive training in
14		epilepsy and assist a student in implementing his or her
15		seizure action plan and who has entered into an agreement with
16		a parent or guardian of that student.
17		"School" means any primary or secondary public, charter,
18		or nonpublic school located in this State.
19		"School employee" means a person who is employed by a
20		school district or school as a nurse, principal,
21		administrator, school guidance counselor, or teacher, a person
22		who is employed by a local health department and assigned to a
23		school, or a person who contracts with a school or school
24		district to perform services in connection with a student's

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1		seizure action plan. This definition may not be interpreted to
2		require a school district, charter school, or nonpublic school
3		to hire additional personnel for the sole purpose of the
4		personnel to serve as a delegated care aide.
5		"Seizure action plan" means a document that specifies the
6		services needed by a student with epilepsy at school and at
7		school-sponsored activities and delegates to a delegated care
8		aide the authority to provide and supervise these services.
9		(Source: P.A. 101-50, eff. 7-1-20.)
10		Section 15. The College and Career Success for All
11		Students Act is amended by changing Section 20 as follows:
12		(105 ILCS 302/20)
13		Sec. 20. Duties of the State Board.
14		(a) In order to fulfill the purposes of this Act, the State
15		Board of Education shall encourage school districts to offer
16		rigorous courses in grades 6 through 11 that prepare students
17		for the demands of Advanced Placement course work. The State
18		Board of Education shall also encourage school districts to
19		make it a goal that all 10th graders take the Preliminary
20		SAT/National Merit Scholars Qualifying Test (PSAT/NMSQT) so
21		that test results will provide each high school with a
22		database of student assessment data that school guidance
23		counselors and teachers will be able to use to identify
24		students who are prepared or who need additional work to be

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1		prepared to enroll and be successful in Advanced Placement
2		courses, using a research-based Advanced Placement
3		identification program provided by the College Board.
4		(b) The State Board of Education shall do all of the
5		following:
6		(1) Seek federal funding through the Advanced
7		Placement Incentive Program and the Math-Science
8		Partnership Program and use it to support Advanced
9		Placement and Pre-Advanced Placement teacher professional
10		development and to support the implementation of an
11		integrated instructional program for students in grades 6
12		through 12 in reading, writing, and mathematics that
13		prepares all students for enrollment and success in
14		Advanced Placement courses and in college.
15		(2) Focus State and federal funding with the intent to
16		carry out activities that target school districts serving
17		high concentrations of low-income students.
18		(3) Subject to appropriation, provide a plan of
19		communication that includes without limitation
20		disseminating to parents materials that emphasize the
21		importance of Advanced Placement or other advanced courses
22		to a student's ability to gain access to and to succeed in
23		postsecondary education and materials that emphasize the
24		importance of the PSAT/NMSQT, which provides diagnostic
25		feedback on skills and relates student scores to the
26		probability of success in Advanced Placement courses and

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1		examinations, and disseminating this information to
2		students, teachers, counselors, administrators, school
3		districts, public community colleges, and State
4		universities.
5		(4) Subject to appropriation, annually evaluate the
6		impact of this Act on rates of student enrollment and
7		success in Advanced Placement courses, on high school
8		graduation rates, and on college enrollment rates.
9		(Source: P.A. 94-534, eff. 1-1-06.)
10		Section 20. The Juvenile Court Act of 1987 is amended by
11		changing Sections 1-8 and 5-901 as follows:
12		(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
13		Sec. 1-8. Confidentiality and accessibility of juvenile
14		court records.
15		(A) A juvenile adjudication shall never be considered a
16		conviction nor shall an adjudicated individual be considered a
17		criminal. Unless expressly allowed by law, a juvenile
18		adjudication shall not operate to impose upon the individual
19		any of the civil disabilities ordinarily imposed by or
20		resulting from conviction. Unless expressly allowed by law,
21		adjudications shall not prejudice or disqualify the individual
22		in any civil service application or appointment, from holding
23		public office, or from receiving any license granted by public
24		authority. All juvenile court records which have not been

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1		expunged are sealed and may never be disclosed to the general
2		public or otherwise made widely available. Sealed juvenile
3		court records may be obtained only under this Section and
4		Section 1-7 and Part 9 of Article V of this Act, when their use
5		is needed for good cause and with an order from the juvenile
6		court. Inspection and copying of juvenile court records
7		relating to a minor who is the subject of a proceeding under
8		this Act shall be restricted to the following:
9		(1) The minor who is the subject of record, his or her
10		parents, guardian, and counsel.
11		(2) Law enforcement officers and law enforcement
12		agencies when such information is essential to executing
13		an arrest or search warrant or other compulsory process,
14		or to conducting an ongoing investigation or relating to a
15		minor who has been adjudicated delinquent and there has
16		been a previous finding that the act which constitutes the
17		previous offense was committed in furtherance of criminal
18		activities by a criminal street gang.
19		Before July 1, 1994, for the purposes of this Section,
20		"criminal street gang" means any ongoing organization,
21		association, or group of 3 or more persons, whether formal
22		or informal, having as one of its primary activities the
23		commission of one or more criminal acts and that has a
24		common name or common identifying sign, symbol or specific
25		color apparel displayed, and whose members individually or
26		collectively engage in or have engaged in a pattern of

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1		criminal activity.
2		Beginning July 1, 1994, for purposes of this Section,
3		"criminal street gang" has the meaning ascribed to it in
4		Section 10 of the Illinois Streetgang Terrorism Omnibus
5		Prevention Act.
6		(3) Judges, hearing officers, prosecutors, public
7		defenders, probation officers, social workers, or other
8		individuals assigned by the court to conduct a
9		pre-adjudication or pre-disposition investigation, and
10		individuals responsible for supervising or providing
11		temporary or permanent care and custody for minors under
12		the order of the juvenile court when essential to
13		performing their responsibilities.
14		(4) Judges, federal, State, and local prosecutors,
15		public defenders, probation officers, and designated
16		staff:
17		(a) in the course of a trial when institution of
18		criminal proceedings has been permitted or required
19		under Section 5-805;
20		(b) when criminal proceedings have been permitted
21		or required under Section 5-805 and a minor is the
22		subject of a proceeding to determine the amount of
23		bail;
24		(c) when criminal proceedings have been permitted
25		or required under Section 5-805 and a minor is the
26		subject of a pre-trial investigation, pre-sentence

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1		investigation or fitness hearing, or proceedings on an
2		application for probation; or
3		(d) when a minor becomes 18 years of age or older,
4		and is the subject of criminal proceedings, including
5		a hearing to determine the amount of bail, a pre-trial
6		investigation, a pre-sentence investigation, a fitness
7		hearing, or proceedings on an application for
8		probation.
9		(5) Adult and Juvenile Prisoner Review Boards.
10		(6) Authorized military personnel.
11		(6.5) Employees of the federal government authorized
12		by law.
13		(7) Victims, their subrogees and legal
14		representatives; however, such persons shall have access
15		only to the name and address of the minor and information
16		pertaining to the disposition or alternative adjustment
17		plan of the juvenile court.
18		(8) Persons engaged in bona fide research, with the
19		permission of the presiding judge of the juvenile court
20		and the chief executive of the agency that prepared the
21		particular records; provided that publication of such
22		research results in no disclosure of a minor's identity
23		and protects the confidentiality of the record.
24		(9) The Secretary of State to whom the Clerk of the
25		Court shall report the disposition of all cases, as
26		required in Section 6-204 of the Illinois Vehicle Code.

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1		However, information reported relative to these offenses
2		shall be privileged and available only to the Secretary of
3		State, courts, and police officers.
4		(10) The administrator of a bonafide substance abuse
5		student assistance program with the permission of the
6		presiding judge of the juvenile court.
7		(11) Mental health professionals on behalf of the
8		Department of Corrections or the Department of Human
9		Services or prosecutors who are evaluating, prosecuting,
10		or investigating a potential or actual petition brought
11		under the Sexually Violent Persons Commitment Act relating
12		to a person who is the subject of juvenile court records or
13		the respondent to a petition brought under the Sexually
14		Violent Persons Commitment Act, who is the subject of
15		juvenile court records sought. Any records and any
16		information obtained from those records under this
17		paragraph (11) may be used only in sexually violent
18		persons commitment proceedings.
19		(12) Collection agencies, contracted or otherwise
20		engaged by a governmental entity, to collect any debts due
21		and owing to the governmental entity.
22		(A-1) Findings and exclusions of paternity entered in
23		proceedings occurring under Article II of this Act shall be
24		disclosed, in a manner and form approved by the Presiding
25		Judge of the Juvenile Court, to the Department of Healthcare
26		and Family Services when necessary to discharge the duties of

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1		the Department of Healthcare and Family Services under Article
2		X of the Illinois Public Aid Code.
3		(B) A minor who is the victim in a juvenile proceeding
4		shall be provided the same confidentiality regarding
5		disclosure of identity as the minor who is the subject of
6		record.
7		(C)(0.1) In cases where the records concern a pending
8		juvenile court case, the requesting party seeking to inspect
9		the juvenile court records shall provide actual notice to the
10		attorney or guardian ad litem of the minor whose records are
11		sought.
12		(0.2) In cases where the juvenile court records concern a
13		juvenile court case that is no longer pending, the requesting
14		party seeking to inspect the juvenile court records shall
15		provide actual notice to the minor or the minor's parent or
16		legal guardian, and the matter shall be referred to the chief
17		judge presiding over matters pursuant to this Act.
18		(0.3) In determining whether juvenile court records should
19		be made available for inspection and whether inspection should
20		be limited to certain parts of the file, the court shall
21		consider the minor's interest in confidentiality and
22		rehabilitation over the requesting party's interest in
23		obtaining the information. The State's Attorney, the minor,
24		and the minor's parents, guardian, and counsel shall at all
25		times have the right to examine court files and records.
26		(0.4) Any records obtained in violation of this Section

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1		shall not be admissible in any criminal or civil proceeding,
2		or operate to disqualify a minor from subsequently holding
3		public office, or operate as a forfeiture of any public
4		benefit, right, privilege, or right to receive any license
5		granted by public authority.
6		(D) Pending or following any adjudication of delinquency
7		for any offense defined in Sections 11-1.20 through 11-1.60 or
8		12-13 through 12-16 of the Criminal Code of 1961 or the
9		Criminal Code of 2012, the victim of any such offense shall
10		receive the rights set out in Sections 4 and 6 of the Bill of
11		Rights for Victims and Witnesses of Violent Crime Act; and the
12		juvenile who is the subject of the adjudication,
13		notwithstanding any other provision of this Act, shall be
14		treated as an adult for the purpose of affording such rights to
15		the victim.
16		(E) Nothing in this Section shall affect the right of a
17		Civil Service Commission or appointing authority of the
18		federal government, or any state, county, or municipality
19		examining the character and fitness of an applicant for
20		employment with a law enforcement agency, correctional
21		institution, or fire department to ascertain whether that
22		applicant was ever adjudicated to be a delinquent minor and,
23		if so, to examine the records of disposition or evidence which
24		were made in proceedings under this Act.
25		(F) Following any adjudication of delinquency for a crime
26		which would be a felony if committed by an adult, or following

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1		any adjudication of delinquency for a violation of Section
2		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
3		Criminal Code of 2012, the State's Attorney shall ascertain
4		whether the minor respondent is enrolled in school and, if so,
5		shall provide a copy of the dispositional order to the
6		principal or chief administrative officer of the school.
7		Access to the dispositional order shall be limited to the
8		principal or chief administrative officer of the school and
9		any school guidance counselor designated by him or her.
10		(G) Nothing contained in this Act prevents the sharing or
11		disclosure of information or records relating or pertaining to
12		juveniles subject to the provisions of the Serious Habitual
13		Offender Comprehensive Action Program when that information is
14		used to assist in the early identification and treatment of
15		habitual juvenile offenders.
16		(H) When a court hearing a proceeding under Article II of
17		this Act becomes aware that an earlier proceeding under
18		Article II had been heard in a different county, that court
19		shall request, and the court in which the earlier proceedings
20		were initiated shall transmit, an authenticated copy of the
21		juvenile court record, including all documents, petitions, and
22		orders filed and the minute orders, transcript of proceedings,
23		and docket entries of the court.
24		(I) The Clerk of the Circuit Court shall report to the
25		Department of State Police, in the form and manner required by
26		the Department of State Police, the final disposition of each

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1		minor who has been arrested or taken into custody before his or
2		her 18th birthday for those offenses required to be reported
3		under Section 5 of the Criminal Identification Act.
4		Information reported to the Department under this Section may
5		be maintained with records that the Department files under
6		Section 2.1 of the Criminal Identification Act.
7		(J) The changes made to this Section by Public Act 98-61
8		apply to juvenile law enforcement records of a minor who has
9		been arrested or taken into custody on or after January 1, 2014
10		(the effective date of Public Act 98-61).
11		(K) Willful violation of this Section is a Class C
12		misdemeanor and each violation is subject to a fine of $1,000.
13		This subsection (K) shall not apply to the person who is the
14		subject of the record.
15		(L) A person convicted of violating this Section is liable
16		for damages in the amount of $1,000 or actual damages,
17		whichever is greater.
18		(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
19		100-1162, eff. 12-20-18.)
20		(705 ILCS 405/5-901)
21		Sec. 5-901. Court file.
22		(1) The Court file with respect to proceedings under this
23		Article shall consist of the petitions, pleadings, victim
24		impact statements, process, service of process, orders, writs
25		and docket entries reflecting hearings held and judgments and

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1		decrees entered by the court. The court file shall be kept
2		separate from other records of the court.
3		(a) The file, including information identifying the
4		victim or alleged victim of any sex offense, shall be
5		disclosed only to the following parties when necessary for
6		discharge of their official duties:
7		(i) A judge of the circuit court and members of the
8		staff of the court designated by the judge;
9		(ii) Parties to the proceedings and their
10		attorneys;
11		(iii) Victims and their attorneys, except in cases
12		of multiple victims of sex offenses in which case the
13		information identifying the nonrequesting victims
14		shall be redacted;
15		(iv) Probation officers, law enforcement officers
16		or prosecutors or their staff;
17		(v) Adult and juvenile Prisoner Review Boards.
18		(b) The Court file redacted to remove any information
19		identifying the victim or alleged victim of any sex
20		offense shall be disclosed only to the following parties
21		when necessary for discharge of their official duties:
22		(i) Authorized military personnel;
23		(ii) Persons engaged in bona fide research, with
24		the permission of the judge of the juvenile court and
25		the chief executive of the agency that prepared the
26		particular recording: provided that publication of

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1		such research results in no disclosure of a minor's
2		identity and protects the confidentiality of the
3		record;
4		(iii) The Secretary of State to whom the Clerk of
5		the Court shall report the disposition of all cases,
6		as required in Section 6-204 or Section 6-205.1 of the
7		Illinois Vehicle Code. However, information reported
8		relative to these offenses shall be privileged and
9		available only to the Secretary of State, courts, and
10		police officers;
11		(iv) The administrator of a bonafide substance
12		abuse student assistance program with the permission
13		of the presiding judge of the juvenile court;
14		(v) Any individual, or any public or private
15		agency or institution, having custody of the juvenile
16		under court order or providing educational, medical or
17		mental health services to the juvenile or a
18		court-approved advocate for the juvenile or any
19		placement provider or potential placement provider as
20		determined by the court.
21		(3) A minor who is the victim or alleged victim in a
22		juvenile proceeding shall be provided the same confidentiality
23		regarding disclosure of identity as the minor who is the
24		subject of record. Information identifying victims and alleged
25		victims of sex offenses, shall not be disclosed or open to
26		public inspection under any circumstances. Nothing in this

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1		Section shall prohibit the victim or alleged victim of any sex
2		offense from voluntarily disclosing his or her identity.
3		(4) Relevant information, reports and records shall be
4		made available to the Department of Juvenile Justice when a
5		juvenile offender has been placed in the custody of the
6		Department of Juvenile Justice.
7		(5) Except as otherwise provided in this subsection (5),
8		juvenile court records shall not be made available to the
9		general public but may be inspected by representatives of
10		agencies, associations and news media or other properly
11		interested persons by general or special order of the court.
12		The State's Attorney, the minor, his or her parents, guardian
13		and counsel shall at all times have the right to examine court
14		files and records.
15		(a) The court shall allow the general public to have
16		access to the name, address, and offense of a minor who is
17		adjudicated a delinquent minor under this Act under either
18		of the following circumstances:
19		(i) The adjudication of delinquency was based upon
20		the minor's commission of first degree murder, attempt
21		to commit first degree murder, aggravated criminal
22		sexual assault, or criminal sexual assault; or
23		(ii) The court has made a finding that the minor
24		was at least 13 years of age at the time the act was
25		committed and the adjudication of delinquency was
26		based upon the minor's commission of: (A) an act in

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1		furtherance of the commission of a felony as a member
2		of or on behalf of a criminal street gang, (B) an act
3		involving the use of a firearm in the commission of a
4		felony, (C) an act that would be a Class X felony
5		offense under or the minor's second or subsequent
6		Class 2 or greater felony offense under the Cannabis
7		Control Act if committed by an adult, (D) an act that
8		would be a second or subsequent offense under Section
9		402 of the Illinois Controlled Substances Act if
10		committed by an adult, (E) an act that would be an
11		offense under Section 401 of the Illinois Controlled
12		Substances Act if committed by an adult, or (F) an act
13		that would be an offense under the Methamphetamine
14		Control and Community Protection Act if committed by
15		an adult.
16		(b) The court shall allow the general public to have
17		access to the name, address, and offense of a minor who is
18		at least 13 years of age at the time the offense is
19		committed and who is convicted, in criminal proceedings
20		permitted or required under Section 5-805, under either of
21		the following circumstances:
22		(i) The minor has been convicted of first degree
23		murder, attempt to commit first degree murder,
24		aggravated criminal sexual assault, or criminal sexual
25		assault,
26		(ii) The court has made a finding that the minor

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1		was at least 13 years of age at the time the offense
2		was committed and the conviction was based upon the
3		minor's commission of: (A) an offense in furtherance
4		of the commission of a felony as a member of or on
5		behalf of a criminal street gang, (B) an offense
6		involving the use of a firearm in the commission of a
7		felony, (C) a Class X felony offense under the
8		Cannabis Control Act or a second or subsequent Class 2
9		or greater felony offense under the Cannabis Control
10		Act, (D) a second or subsequent offense under Section
11		402 of the Illinois Controlled Substances Act, (E) an
12		offense under Section 401 of the Illinois Controlled
13		Substances Act, or (F) an offense under the
14		Methamphetamine Control and Community Protection Act.
15		(6) Nothing in this Section shall be construed to limit
16		the use of a adjudication of delinquency as evidence in any
17		juvenile or criminal proceeding, where it would otherwise be
18		admissible under the rules of evidence, including but not
19		limited to, use as impeachment evidence against any witness,
20		including the minor if he or she testifies.
21		(7) Nothing in this Section shall affect the right of a
22		Civil Service Commission or appointing authority examining the
23		character and fitness of an applicant for a position as a law
24		enforcement officer to ascertain whether that applicant was
25		ever adjudicated to be a delinquent minor and, if so, to
26		examine the records or evidence which were made in proceedings

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1		under this Act.
2		(8) Following any adjudication of delinquency for a crime
3		which would be a felony if committed by an adult, or following
4		any adjudication of delinquency for a violation of Section
5		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
6		Criminal Code of 2012, the State's Attorney shall ascertain
7		whether the minor respondent is enrolled in school and, if so,
8		shall provide a copy of the sentencing order to the principal
9		or chief administrative officer of the school. Access to such
10		juvenile records shall be limited to the principal or chief
11		administrative officer of the school and any school guidance
12		counselor designated by him or her.
13		(9) Nothing contained in this Act prevents the sharing or
14		disclosure of information or records relating or pertaining to
15		juveniles subject to the provisions of the Serious Habitual
16		Offender Comprehensive Action Program when that information is
17		used to assist in the early identification and treatment of
18		habitual juvenile offenders.
19		(11) The Clerk of the Circuit Court shall report to the
20		Department of State Police, in the form and manner required by
21		the Department of State Police, the final disposition of each
22		minor who has been arrested or taken into custody before his or
23		her 18th birthday for those offenses required to be reported
24		under Section 5 of the Criminal Identification Act.
25		Information reported to the Department under this Section may
26		be maintained with records that the Department files under

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1		Section 2.1 of the Criminal Identification Act.
2		(12) Information or records may be disclosed to the
3		general public when the court is conducting hearings under
4		Section 5-805 or 5-810.
5		(13) The changes made to this Section by Public Act 98-61
6		apply to juvenile court records of a minor who has been
7		arrested or taken into custody on or after January 1, 2014 (the
8		effective date of Public Act 98-61).
9		(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
10		98-756, eff. 7-16-14.)
11		Section 25. The Sex Offender Community Notification Law is
12		amended by changing Section 121 as follows:
13		(730 ILCS 152/121)
14		Sec. 121. Notification regarding juvenile offenders.
15		(a) The Department of State Police and any law enforcement
16		agency having jurisdiction may, in the Department's or
17		agency's discretion, only provide the information specified in
18		subsection (b) of Section 120 of this Act, with respect to an
19		adjudicated juvenile delinquent, to any person when that
20		person's safety may be compromised for some reason related to
21		the juvenile sex offender.
22		(b) The local law enforcement agency having jurisdiction
23		to register the juvenile sex offender shall ascertain from the
24		juvenile sex offender whether the juvenile sex offender is

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1		enrolled in school; and if so, shall provide a copy of the sex
2		offender registration form only to the principal or chief
3		administrative officer of the school and any school guidance
4		counselor designated by him or her. The registration form
5		shall be kept separately from any and all school records
6		maintained on behalf of the juvenile sex offender.
7		(Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.)
8		Section 30. The Murderer and Violent Offender Against
9		Youth Registration Act is amended by changing Section 100 as
10		follows:
11		(730 ILCS 154/100)
12		Sec. 100. Notification regarding juvenile offenders.
13		(a) The Department of State Police and any law enforcement
14		agency having jurisdiction may, in the Department's or
15		agency's discretion, only provide the information specified in
16		subsection (b) of Section 95, with respect to an adjudicated
17		juvenile delinquent, to any person when that person's safety
18		may be compromised for some reason related to the juvenile
19		violent offender against youth.
20		(b) The local law enforcement agency having jurisdiction
21		to register the juvenile violent offender against youth shall
22		ascertain from the juvenile violent offender against youth
23		whether the juvenile violent offender against youth is
24		enrolled in school; and if so, shall provide a copy of the

HB1719 Engrossed - 108 - LRB102 03832 CMG 13846 b
1		violent offender against youth registration form only to the
2		principal or chief administrative officer of the school and
3		any school guidance counselor designated by him or her. The
4		registration form shall be kept separately from any and all
5		school records maintained on behalf of the juvenile violent
6		offender against youth.
7		(Source: P.A. 94-945, eff. 6-27-06.)
8		Section 99. Effective date. This Act takes effect July 1,
9		2021.