102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1719

Introduced , by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/10-22.39`
`105 ILCS 5/10-27.1A`
`105 ILCS 5/18-8.15`
`105 ILCS 5/22-88`
`105 ILCS 5/27-23.7`
`105 ILCS 5/34-18.8`	`from Ch. 122, par. 34-18.8`
`105 ILCS 150/10`
`105 ILCS 302/20`
`705 ILCS 405/1-8`	`from Ch. 37, par. 801-8`
`705 ILCS 405/5-901`
`730 ILCS 152/121`
`730 ILCS 154/100`

Amends the School Code, the Seizure Smart School Act, the College and Career Success for All Students Act, the Juvenile Court Act of 1987, the Sex Offender Community Notification Law, and the Murderer and Violent Offender Against Youth Registration Act to replace the terms "school guidance counselor" and "guidance counselor" with the term "school counselor". Effective July 1, 2021.

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A BILL FOR

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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.