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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3028

Introduced 1/28/2026, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.25d-5
105 ILCS 5/2-3.64a-5
105 ILCS 5/2-3.64a-15
105 ILCS 5/2-3.209
105 ILCS 5/10-17a
105 ILCS 5/10-19.05
105 ILCS 5/10-20.9a

from Ch. 122, par. 10-20.9a
105 ILCS 5/10-29
105 ILCS 5/13A-11
105 ILCS 5/13B-25.25
105 ILCS 5/14A-32
105 ILCS 5/24A-7

from Ch. 122, par. 24A-7
105 ILCS 5/26A-10
105 ILCS 5/27A-4
105 ILCS 5/27A-6
105 ILCS 5/34-8.14

Amends the School Code. Prohibits the State Board of Education from
developing, purchasing, or requiring a school district to administer,
develop, or purchase a standardized assessment for students enrolled or
preparing to enroll in prekindergarten through grade 12 (rather than grade
2), other than for diagnostic purposes. Prohibits the State Board of
Education from providing funding for any standardized assessment of
students enrolled or preparing to enroll in prekindergarten through grade
12 (rather than grade 2). Makes related changes. Effective immediately.
LRB104 17918 LNS 31354 b

A BILL FOR

SB3028
LRB104 17918 LNS 31354 b
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
2-3.25d-5, 2-3.64a-5, 2-3.64a-15, 10-17a, 10-19.05, 10-20.9a,
6
10-29, 13A-11, 13B-25.25, 14A-32, 24A-7, 26A-10, 27A-4, 27A-6,
7
and 34-8.14 and by renumbering and changing Section 2-3.206 as
8
follows:

9

(105 ILCS 5/2-3.25d-5)
10

Sec. 2-3.25d-5.
Targeted, Comprehensive, and Intensive
11
schools.
12

(a) Beginning in 2018, a school designated as
13
"Comprehensive" shall be defined as:
14

(1) a school that is among the lowest performing 5% of
15

schools in this State based on the multi-measures
16

accountability system defined in the State Plan, with
17

respect to the performance of the "all students" group;
18

(2) any high school with a graduation rate of less
19

than 67%;
20

(2.5) any school that has completed a full 4-year
21

cycle of Targeted School Improvement but remains
22

identified for Targeted Support for one or more of the
23

same student groups originally identified for Targeted

SB3028
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1

Support; or
2

(3) (blank).
3

The State Board of Education shall work with districts
4
with one or more schools in Comprehensive School Improvement
5
Status to perform a needs assessment to determine the
6
district's core functions that are areas of strength and
7
weakness. The results from the needs assessment shall be used
8
by the district and school to identify goals and objectives
9
for improvement. The needs assessment shall include, at a
10
minimum, a review of the following areas:
student performance
11
on State assessments;
student performance on local
12
assessments; finances, including resource allocation reviews;
13
governance, including effectiveness of school leadership;
14
student engagement opportunities and access to those
15
opportunities; instructional practices; standards-aligned
16
curriculum; school climate and culture survey results; family
17
and community engagement; reflective stakeholder engagement;
18
continuous school improvement practices; educator and employee
19
quality, including staff continuity and turnover rates; and
20
alignment of professional development to continuous
21
improvement efforts.
22

(b) Beginning in 2018, a school designated as "Targeted"
23
shall be defined as a school in which one or more student
24
groups is performing at or below the level of the "all
25
students" group of schools designated Comprehensive, as
26
defined in paragraph (1) of subsection (a) of this Section.

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1

(c) Beginning in 2023, a school designated as "Intensive"
2
shall be defined as a school that has completed a full 4-year
3
cycle of Comprehensive School Improvement but does not meet
4
the criteria to exit that status, as defined in the State Plan
5
referenced in subsection (b) of Section 2-3.25a of this Code,
6
at the end of the cycle.
7

(d) All schools in school improvement status, including
8
Comprehensive, Targeted, and Intensive schools, must complete
9
a school-level needs assessment and develop and implement a
10
continuous improvement plan.
11
(Source: P.A. 103-175, eff. 6-30-23; 103-605, eff. 7-1-24.)

12

(105 ILCS 5/2-3.64a-5)
13

Sec. 2-3.64a-5.
State goals and assessment.
14

(a) For the
assessment and
accountability purposes of this
15
Section, "students" includes those students enrolled in a
16
public or State-operated elementary school, secondary school,
17
or cooperative or joint agreement with a governing body or
18
board of control, a charter school operating in compliance
19
with the Charter Schools Law, a school operated by a regional
20
office of education under Section 13A-3 of this Code, or a
21
public school administered by a local public agency or the
22
Department of Human Services.
23

(b) The State Board of Education shall establish the
24
academic standards that are to be applicable to students
who
25
are subject to State assessments under this Section
. The State

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1
Board of Education shall not establish any such standards in
2
final form without first providing opportunities for public
3
participation and local input in the development of the final
4
academic standards. Those opportunities shall include a
5
well-publicized period of public comment and opportunities to
6
file written comments.
7

(c)
(Blank).

Beginning no later than the 2014-2015 school
8
year, the State Board of Education shall annually assess all
9
students enrolled in grades 3 through 8 in English language
10
arts and mathematics.
11

Beginning no later than the 2017-2018 school year, the
12
State Board of Education shall annually assess all students in
13
science at one grade in grades 3 through 5, at one grade in
14
grades 6 through 8, and at one grade in grades 9 through 12.
15

The State Board of Education shall annually assess schools
16
that operate a secondary education program, as defined in
17
Section 22-22 of this Code, in English language arts and
18
mathematics. The State Board of Education shall administer no
19
more than 3 assessments, per student, of English language arts
20
and mathematics for students in a secondary education program.
21
One of these assessments shall be recognized by this State's
22
public institutions of higher education, as defined in the
23
Board of Higher Education Act, for the purpose of student
24
application or admissions consideration. The assessment
25
administered by the State Board of Education for the purpose
26
of student application to or admissions consideration by

SB3028
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1
institutions of higher education must be administered on a
2
school day during regular student attendance hours, and
3
student profile information collected by the assessment shall,
4
if available, be made available to the State's public
5
institutions of higher education in a timely manner.
6

Students who do not take the State's final accountability
7
assessment or its approved alternate assessment may not
8
receive a regular high school diploma unless the student is
9
exempted from taking the State assessments under subsection
10
(d) of this Section because the student is enrolled in a
11
program of adult and continuing education, as defined in the
12
Adult Education Act, or the student is identified by the State
13
Board of Education, through rules, as being exempt from the
14
assessment.
15

The State Board of Education shall not assess students
16
under this Section in subjects not required by this Section.
17

Districts shall inform their students of the timelines and
18
procedures applicable to their participation in every yearly
19
administration of the State assessments. The State Board of
20
Education shall establish periods of time in each school year
21
during which State assessments shall occur to meet the
22
objectives of this Section.
23

The requirements of this subsection do not apply if the
24
State Board of Education has received a waiver from the
25
administration of assessments from the U.S. Department of
26
Education.

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LRB104 17918 LNS 31354 b
1

(d)
(Blank).

Every individualized educational program as
2
described in Article 14 shall identify if the State assessment
3
or components thereof require accommodation for the student.
4
The State Board of Education shall develop rules governing the
5
administration of an alternate assessment that may be
6
available to students for whom participation in this State's
7
regular assessments is not appropriate, even with
8
accommodations as allowed under this Section.
9

Students receiving special education services whose
10
individualized educational programs identify them as eligible
11
for the alternative State assessments nevertheless shall have
12
the option of also taking this State's regular final
13
accountability assessment, which shall be administered in
14
accordance with the eligible accommodations appropriate for
15
meeting these students' respective needs.
16

All students determined to be English learners shall
17
participate in the State assessments. The scores of those
18
students who have been enrolled in schools in the United
19
States for less than 12 months may not be used for the purposes
20
of accountability. Any student determined to be an English
21
learner shall receive appropriate assessment accommodations,
22
including language supports, which shall be established by
23
rule. Approved assessment accommodations must be provided
24
until the student's English language skills develop to the
25
extent that the student is no longer considered to be an
26
English learner, as demonstrated through a State-identified

SB3028
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1
English language proficiency assessment.
2

(e)
(Blank).

The results or scores of each assessment
3
taken under this Section shall be made available to the
4
parents of each student.
5

In each school year, the scores attained by a student on
6
the final accountability assessment must be placed in the
7
student's permanent record pursuant to rules that the State
8
Board of Education shall adopt for that purpose in accordance
9
with Section 3 of the Illinois School Student Records Act. In
10
each school year, the scores attained by a student on the State
11
assessments administered in grades 3 through 8 must be placed
12
in the student's temporary record.
13

(f) All schools shall administer the State's academic
14
assessment of English language proficiency to all children
15
determined to be English learners.
16

(g) All schools in this State that are part of the sample
17
drawn by the National Center for Education Statistics, in
18
collaboration with their school districts and the State Board
19
of Education, shall administer the academic assessments under
20
the National Assessment of Educational Progress carried out
21
under Section 411(b)(2) of the federal National Education
22
Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary
23
of Education pays the costs of administering the assessments.
24

(h) (Blank).
25

(i)
(Blank).

For the purposes of this subsection (i),
26
"academically based assessments" means assessments consisting

SB3028
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LRB104 17918 LNS 31354 b
1
of questions and answers that are measurable and quantifiable
2
to measure the knowledge, skills, and ability of students in
3
the subject matters covered by the assessments. All
4
assessments administered pursuant to this Section must be
5
academically based assessments. The scoring of academically
6
based assessments shall be reliable, valid, and fair and shall
7
meet the guidelines for assessment development and use
8
prescribed by the American Psychological Association, the
9
National Council on Measurement in Education, and the American
10
Educational Research Association.
11

The State Board of Education shall review the use of all
12
assessment item types in order to ensure that they are valid
13
and reliable indicators of student performance aligned to the
14
learning standards being assessed and that the development,
15
administration, and scoring of these item types are
16
justifiable in terms of cost.
17

(j)
(Blank).

The State Superintendent of Education shall
18
appoint a committee of no more than 21 members, consisting of
19
parents, teachers, school administrators, school board
20
members, assessment experts, regional superintendents of
21
schools, and citizens, to review the State assessments
22
administered by the State Board of Education. The Committee
23
shall select one of its members as its chairperson. The
24
Committee shall meet on an ongoing basis to review the content
25
and design of the assessments (including whether the
26
requirements of subsection (i) of this Section have been met),

SB3028
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1
the time and money expended at the local and State levels to
2
prepare for and administer the assessments, the collective
3
results of the assessments as measured against the stated
4
purpose of assessing student performance, and other issues
5
involving the assessments identified by the Committee. The
6
Committee shall make periodic recommendations to the State
7
Superintendent of Education and the General Assembly
8
concerning the assessments.
9

(k) The State Board of Education may adopt rules to
10
implement this Section.
11
(Source: P.A. 103-204, eff. 1-1-24; 104-15, eff. 6-30-25.)

12

(105 ILCS 5/2-3.64a-15)
13

Sec. 2-3.64a-15.
Restrictions on prekindergarten through
14
grade
12

2
assessments.
15

(a) In this Section:
16

"Diagnostic and screening purposes" means for the purpose
17
of determining if individual students need remedial
18
instruction or to determine eligibility for special education,
19
early intervention, bilingual education, dyslexia services,
20
advanced academic programs as defined in Section 14A-17 of
21
this Code, or other related educational services. Any
22
assessment used to determine eligibility for special education
23
or related services must be consistent with Section 614 of the
24
federal Individuals with Disabilities Education Act.
25
"Diagnostic and screening purposes" includes the

SB3028
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LRB104 17918 LNS 31354 b
1
identification and evaluation of students with disabilities.
2
"Diagnostic and screening purposes" does not include any
3
assessment in which student scores are used to rate or rank a
4
classroom, program, teacher, school, school district, or
5
jurisdiction.
6

"Standardized assessment" means an assessment that
7
requires all student test takers to answer the same questions,
8
or a selection of questions from a common bank of questions, in
9
the same manner or substantially the same questions in the
10
same manner. "Standardized assessment" does not include an
11
observational assessment tool used to satisfy the requirements
12
of Section 2-3.64a-10.
13

(b) The State Board of Education may not develop,
14
purchase, or require a school district to administer, develop,
15
or purchase a standardized assessment for students enrolled or
16
preparing to enroll in prekindergarten through grade
12

2
,
17
other than for diagnostic and screening purposes.
18

(c) The State Board of Education may not provide funding
19
for any standardized assessment of students enrolled or
20
preparing to enroll in prekindergarten through grade
12

2
,
21
other than for diagnostic and screening purposes.
22

(d) Nothing in this Section shall be construed to limit
23
the ability of a classroom teacher or school district to
24
develop, purchase, administer, or score an assessment for an
25
individual classroom, grade level, or group of grade levels in
26
any subject area in prekindergarten through the grade
12

2
.

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1

(e) Nothing in this Section limits procedures used by a
2
school or school district for child find under 34 CFR
3
300.111(c) or evaluation under 34 CFR 300.304.
4

(f) Nothing in this Section restricts the use of an annual
5
assessment of English proficiency of all English learners to
6
comply with Section 1111(b)(2)(G) of the federal Elementary
7
and Secondary Education Act of 1965.
8
(Source: P.A. 102-875, eff. 5-13-22; 103-946, eff. 8-9-24.)

9

(105 ILCS 5/2-3.209)
10

Sec.
2-3.209

2-3.206
.
Assessment reporting transparency.
11

(a) On or before July 1, 2025 and each fiscal year
12
thereafter, the State Board of Education shall report, for
13
each assessment contract the State Board of Education enters
14
into, all of the following:
15

(1) the effective date of the contract and the date
16

the contract concludes;
17

(2) whether the contract includes any renewal options
18

and, if so, the length and number of renewals;
19

(3) the total contract costs on a yearly basis; and
20

(4) the notice of communications with the vendor to
21

exercise renewal options.
22

The State Board of Education may not enter into or renew
23
any assessment contract that conflicts with Section 2-3.64a-15
24
on or after the effective date of this amendatory Act of the
25
104th General Assembly.

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1

(b) The State Board of Education shall compile the
2
information required under subsection (a) and make that
3
information available to the public on its Internet website.
4

(c) To further enhance the transparency around
5
assessments, the State Board of Education shall engage with
6
stakeholder groups, such as
the committee appointed under
7
Section 2-3.64a-5 and
the Balanced Accountability Measure
8
Committee created in Section 2-3.25a, other State Board of
9
Education established groups, such as the Technical Advisory
10
Committee, and any other relevant entities established after
11
August 15, 2025 (
the effective date of
Public Act 104-239)

12
this amendatory Act of the 104th General Assembly
.
13

(d) The State Board of Education may adopt any rules
14
necessary to carry out its responsibilities under this
15
Section.
16
(Source: P.A. 104-239, eff. 8-15-25; revised 10-10-25.)

17

(105 ILCS 5/10-17a)
18

Sec. 10-17a.
State, school district, and school report
19
cards; Expanded High School Snapshot Report.
20

(1) By October 31, 2013 and October 31 of each subsequent
21
school year, the State Board of Education, through the State
22
Superintendent of Education, shall prepare a State report
23
card, school district report cards, and school report cards,
24
and shall by the most economical means provide to each school
25
district in this State, including special charter districts

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1
and districts subject to the provisions of Article 34, the
2
report cards for the school district and each of its schools.
3
Because of the impacts of the COVID-19 public health emergency
4
during school year 2020-2021, the State Board of Education
5
shall have until December 31, 2021 to prepare and provide the
6
report cards that would otherwise be due by October 31, 2021.
7
During a school year in which the Governor has declared a
8
disaster due to a public health emergency pursuant to Section
9
7 of the Illinois Emergency Management Agency Act, the report
10
cards for the school districts and each of its schools shall be
11
prepared by December 31.
12

(2) In addition to any information required by federal
13
law, the State Superintendent shall determine the indicators
14
and presentation of the school report card, which must
15
include, at a minimum, the most current data collected and
16
maintained by the State Board of Education related to the
17
following:
18

(A) school characteristics and student demographics,
19

including average class size, average teaching experience,
20

student racial/ethnic breakdown, and the percentage of
21

students classified as low-income; the percentage of
22

students classified as English learners, the number of
23

students who graduate from a bilingual or English learner
24

program, and the number of students who graduate from,
25

transfer from, or otherwise leave bilingual programs; the
26

percentage of students who have individualized education

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1

plans or 504 plans that provide for special education
2

services; the number and the percentage of all students in
3

grades kindergarten through 8, disaggregated by the
4

student demographics described in this paragraph (A), in
5

each of the following categories: (i) those who have been
6

assessed for placement in a gifted education program or
7

accelerated placement, (ii) those who have enrolled in a
8

gifted education program or in accelerated placement, and
9

(iii) for each of categories (i) and (ii), those who
10

received direct instruction from a teacher who holds a
11

gifted education endorsement; the number and the
12

percentage of all students in grades 9 through 12,
13

disaggregated by the student demographics described in
14

this paragraph (A), who have been enrolled in an advanced
15

academic program;
the percentage of students scoring at
16

the "exceeds expectations" level on the assessments
17

required under Section 2-3.64a-5 of this Code;
the
18

percentage of students who annually transferred in or out
19

of the school district; average daily attendance; the
20

per-pupil operating expenditure of the school district;
21

and the per-pupil State average operating expenditure for
22

the district type (elementary, high school, or unit);
23

(B) curriculum information, including, where
24

applicable, Advanced Placement, International
25

Baccalaureate or equivalent courses, dual credit courses,
26

foreign language classes, computer science courses, school

SB3028
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1

personnel resources (including Career Technical Education
2

teachers), before and after school programs,
3

extracurricular activities, subjects in which elective
4

classes are offered, health and wellness initiatives
5

(including the average number of days of Physical
6

Education per week per student), approved programs of
7

study, awards received, community partnerships, and
8

special programs such as programming for the gifted and
9

talented, students with disabilities, and work-study
10

students;
11

(C) student outcomes, including, where applicable, the
12

percentage of students deemed proficient on assessments of
13

State standards, the percentage of students in the eighth
14

grade who pass Algebra, the percentage of students who
15

participated in workplace learning experiences, the
16

percentage of students enrolled in post-secondary
17

institutions (including colleges, universities, community
18

colleges, trade/vocational schools, and training programs
19

leading to career certification within 2 semesters of high
20

school graduation), the percentage of students graduating
21

from high school who are college and career ready, the
22

percentage of graduates enrolled in community colleges,
23

colleges, and universities who are in one or more courses
24

that the community college, college, or university
25

identifies as a developmental course, and the percentage
26

of students with disabilities under the federal

SB3028
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LRB104 17918 LNS 31354 b
1

Individuals with Disabilities Education Act and Article 14
2

of this Code who have fulfilled the minimum State
3

graduation requirements set forth in Section 27-605 of
4

this Code and have been issued a regular high school
5

diploma;
6

(D) student progress, including, where applicable, the
7

percentage of students in the ninth grade who have earned
8

5 credits or more without failing more than one core
9

class, a measure of students entering kindergarten ready
10

to learn, a measure of growth, and the percentage of
11

students who enter high school on track for college and
12

career readiness;
13

(E) the school environment, including, where
14

applicable, high school dropout rate by grade level, the
15

percentage of students with less than 10 absences in a
16

school year, the percentage of teachers with less than 10
17

absences in a school year for reasons other than
18

professional development, leaves taken pursuant to the
19

federal Family Medical Leave Act of 1993, long-term
20

disability, or parental leaves, the 3-year average of the
21

percentage of teachers returning to the school from the
22

previous year, the number of different principals at the
23

school in the last 6 years, the number of teachers who hold
24

a gifted education endorsement, the process and criteria
25

used by the district to determine whether a student is
26

eligible for participation in a gifted education program

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1

or advanced academic program and the manner in which
2

parents and guardians are made aware of the process and
3

criteria, the number of teachers who are National Board
4

Certified Teachers, disaggregated by race and ethnicity, 2
5

or more indicators from any school climate survey selected
6

or approved by the State and administered pursuant to
7

Section 2-3.153 of this Code, with the same or similar
8

indicators included on school report cards for all surveys
9

selected or approved by the State pursuant to Section
10

2-3.153 of this Code, the combined percentage of teachers
11

rated as proficient or excellent in their most recent
12

evaluation, and, beginning with the 2022-2023 school year,
13

data on the number of incidents of violence that occurred
14

on school grounds or during school-related activities and
15

that resulted in an out-of-school suspension, expulsion,
16

or removal to an alternative setting, as reported pursuant
17

to Section 2-3.162;
18

(F) a school district's and its individual schools'
19

balanced accountability measure, in accordance with
20

Section 2-3.25a of this Code;
21

(G) the total and per pupil normal cost amount the
22

State contributed to the Teachers' Retirement System of
23

the State of Illinois in the prior fiscal year for the
24

school's employees, which shall be reported to the State
25

Board of Education by the Teachers' Retirement System of
26

the State of Illinois;

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(H) for a school district organized under Article 34
2

of this Code only, State contributions to the Public
3

School Teachers' Pension and Retirement Fund of Chicago
4

and State contributions for health care for employees of
5

that school district;
6

(I) a school district's Final Percent of Adequacy, as
7

defined in paragraph (4) of subsection (f) of Section
8

18-8.15 of this Code;
9

(J) a school district's Local Capacity Target, as
10

defined in paragraph (2) of subsection (c) of Section
11

18-8.15 of this Code, displayed as a percentage amount;
12

(K) a school district's Real Receipts, as defined in
13

paragraph (1) of subsection (d) of Section 18-8.15 of this
14

Code, divided by a school district's Adequacy Target, as
15

defined in paragraph (1) of subsection (b) of Section
16

18-8.15 of this Code, displayed as a percentage amount;
17

(L) a school district's administrative costs;
18

(M) whether or not the school has participated in the
19

Illinois Youth Survey. In this paragraph (M), "Illinois
20

Youth Survey" means a self-report survey, administered in
21

school settings every 2 years, designed to gather
22

information about health and social indicators, including
23

substance abuse patterns and the attitudes of students in
24

grades 8, 10, and 12;
25

(N) whether the school offered its students career and
26

technical education opportunities; and

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1

(O) beginning with the October 2024 report card, the
2

total number of school counselors, school social workers,
3

school nurses, and school psychologists by school,
4

district, and State, the average number of students per
5

school counselor in the school, district, and State, the
6

average number of students per school social worker in the
7

school, district, and State, the average number of
8

students per school nurse in the school, district, and
9

State, and the average number of students per school
10

psychologist in the school, district, and State.
11

The school report card shall also provide information that
12
allows for comparing the current outcome, progress, and
13
environment data to the State average, to the school data from
14
the past 5 years, and to the outcomes, progress, and
15
environment of similar schools based on the type of school and
16
enrollment of low-income students, special education students,
17
and English learners.
18

As used in this subsection (2):
19

"Accelerated placement" has the meaning ascribed to that
20
term in Section 14A-17 of this Code.
21

"Administrative costs" means costs associated with
22
executive, administrative, or managerial functions within the
23
school district that involve planning, organizing, managing,
24
or directing the school district.
25

"Advanced academic program" means a course of study,
26
including, but not limited to, accelerated placement, advanced

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1
placement coursework, International Baccalaureate coursework,
2
dual credit, or any course designated as enriched or honors,
3
that a student is enrolled in based on advanced cognitive
4
ability or advanced academic achievement compared to local age
5
peers and in which the curriculum is substantially
6
differentiated from the general curriculum to provide
7
appropriate challenge and pace.
8

"Computer science" means the study of computers and
9
algorithms, including their principles, their hardware and
10
software designs, their implementation, and their impact on
11
society. "Computer science" does not include the study of
12
everyday uses of computers and computer applications, such as
13
keyboarding or accessing the Internet.
14

"Gifted education" means educational services, including
15
differentiated curricula and instructional methods, designed
16
to meet the needs of gifted children as defined in Article 14A
17
of this Code.
18

For the purposes of paragraph (A) of this subsection (2),
19
"average daily attendance" means the average of the actual
20
number of attendance days during the previous school year for
21
any enrolled student who is subject to compulsory attendance
22
by Section 26-1 of this Code at each school and charter school.
23

(2.5) For any school report card prepared after July 1,
24
2025, for all high school graduation completion rates that are
25
reported on the school report card as required under this
26
Section or by any other State or federal law, the State

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Superintendent of Education shall also report the percentage
2
of students who did not meet the requirements of high school
3
graduation completion for any reason and, of those students,
4
the percentage that are classified as students who fulfill the
5
requirements of Section 14-16 of this Code.
6

The State Superintendent shall ensure that for the
7
2023-2024 school year there is a specific code for districts
8
to report students who fulfill the requirements of Section
9
14-16 of this Code to ensure accurate reporting under this
10
Section.
11

All reporting requirements under this subsection (2.5)
12
shall be included on the school report card where high school
13
graduation completion rates are reported, along with a brief
14
explanation of how fulfilling the requirements of Section
15
14-16 of this Code is different from receiving a regular high
16
school diploma.
17

(3) At the discretion of the State Superintendent, the
18
school district report card shall include a subset of the
19
information identified in paragraphs (A) through (E) of
20
subsection (2) of this Section, as well as information
21
relating to the operating expense per pupil and other finances
22
of the school district, and the State report card shall
23
include a subset of the information identified in paragraphs
24
(A) through (E) and paragraph (N) of subsection (2) of this
25
Section. The school district report card shall include the
26
average daily attendance, as that term is defined in

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1
subsection (2) of this Section, of students who have
2
individualized education programs and students who have 504
3
plans that provide for special education services within the
4
school district.
5

(4) Notwithstanding anything to the contrary in this
6
Section, in consultation with key education stakeholders, the
7
State Superintendent shall at any time have the discretion to
8
amend or update any and all metrics on the school, district, or
9
State report card.
10

(5) Annually, no more than 30 calendar days after receipt
11
of the school district and school report cards from the State
12
Superintendent of Education, each school district, including
13
special charter districts and districts subject to the
14
provisions of Article 34, shall present such report cards at a
15
regular school board meeting subject to applicable notice
16
requirements, post the report cards on the school district's
17
Internet web site, if the district maintains an Internet web
18
site, make the report cards available to a newspaper of
19
general circulation serving the district, and, upon request,
20
send the report cards home to a parent (unless the district
21
does not maintain an Internet web site, in which case the
22
report card shall be sent home to parents without request). If
23
the district posts the report card on its Internet web site,
24
the district shall send a written notice home to parents
25
stating (i) that the report card is available on the web site,
26
(ii) the address of the web site, (iii) that a printed copy of

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the report card will be sent to parents upon request, and (iv)
2
the telephone number that parents may call to request a
3
printed copy of the report card.
4

(6) Nothing contained in Public Act 98-648 repeals,
5
supersedes, invalidates, or nullifies final decisions in
6
lawsuits pending on July 1, 2014 (the effective date of Public
7
Act 98-648) in Illinois courts involving the interpretation of
8
Public Act 97-8.
9

(7) As used in this subsection (7):
10

"Advanced coursework or programs" means any high school
11
courses, sequence of courses, or class or grouping of students
12
organized to provide more rigorous, enriched, advanced,
13
accelerated, gifted, or above grade-level instruction. This
14
may include, but is not limited to, Advanced Placement
15
courses, International Baccalaureate courses, honors,
16
weighted, advanced, or enriched courses, or gifted or
17
accelerated programs, classrooms, or courses.
18

"Course" means any high school class or course offered by
19
a school that is assigned a school course code by the State
20
Board of Education.
21

"High school" means a school that maintains any of grades
22
9 through 12.
23

"Standard coursework or programs" means any high school
24
courses or classes other than advanced coursework or programs.
25

By December 31, 2027 and by December 31 of each subsequent
26
year, the State Board of Education, through the State

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1
Superintendent of Education, shall prepare a stand-alone
2
report covering all public high schools in this State, to be
3
referred to as the Expanded High School Coursework Snapshot
4
Report. The State Board shall post the Report on the State
5
Board's Internet website. Each school district with high
6
school enrollment for the reporting year shall include on the
7
school district's Internet website, if the district maintains
8
an Internet website, a hyperlink to the Report on the State
9
Board's Internet website titled "Expanded High School
10
Coursework Snapshot Report". Hyperlinks under this subsection
11
(7) shall be displayed in a manner that is easily accessible to
12
the public.
13

The Expanded High School Coursework Snapshot Report shall
14
include:
15

(A) a listing of all standard coursework or programs
16

that have high school student enrollment;
17

(B) a listing of all advanced coursework or programs
18

that have high school student enrollment;
19

(C) a listing of all coursework or programs that have
20

high school student enrollment by English learners;
21

(D) a listing of all coursework or programs that have
22

high school student enrollment by students with
23

disabilities;
24

(E) data tables and graphs comparing advanced
25

coursework or programs enrollment with standard coursework
26

or programs enrollment according to the following

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1

parameters:
2

(i) the average years of experience of all
3

teachers in a high school who are assigned to teach
4

advanced coursework or programs compared with the
5

average years of experience of all teachers in the
6

high school who are assigned to teach standard
7

coursework or programs;
8

(ii) the average years of experience of all
9

teachers in a high school who are assigned to teach
10

coursework or programs that have high school
11

enrollment by students with disabilities compared with
12

the average years of experience of all teachers in the
13

high school who are not assigned to teach coursework
14

or programs that have high school student enrollment
15

by students with disabilities;
16

(iii) the average years of experience of all
17

teachers in a high school who are assigned to teach
18

coursework or programs that have high school student
19

enrollment by English learners compared with the
20

average years of experience of all teachers in the
21

high school who are not assigned to teach coursework
22

or programs that have high school student enrollment
23

by English learners;
24

(iv) the number of high school teachers who
25

possess bachelor's degrees, master's degrees, or
26

higher degrees and who are assigned to teach advanced

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1

coursework or programs compared with the number of
2

teachers who possess bachelor's degrees, master's
3

degrees, or higher degrees and who are assigned to
4

teach standard coursework or programs;
5

(v) the number of high school teachers who possess
6

bachelor's degrees, master's degrees, or higher
7

degrees and who are assigned to teach coursework or
8

programs that have high school student enrollment by
9

students with disabilities compared with the number of
10

teachers who possess bachelor's degrees, master's
11

degrees, or higher degrees and who are not assigned to
12

teach coursework or programs that have high school
13

student enrollment by students with disabilities;
14

(vi) the number of high school teachers who
15

possess bachelor's degrees, master's degrees, or
16

higher degrees and who are assigned to teach
17

coursework or programs that have high school student
18

enrollment by English learners compared with the
19

number of teachers who possess bachelor's degrees,
20

master's degrees, or higher degrees and who are not
21

assigned to teach coursework or programs that have
22

high school student enrollment by English learners;
23

(vii) the average student enrollment of advanced
24

coursework or programs offered in a high school
25

compared with the average student enrollment of
26

standard coursework or programs;

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1

(viii) the percentages of high school students, by
2

race, gender, and program student group, who are
3

enrolled in advanced coursework or programs;
4

(ix) (blank);
5

(x) (blank);
6

(xi) (blank);
7

(xii) (blank);
8

(xiii) (blank);
9

(xiv) the percentage of high school students, by
10

race, gender, and program student group, who earn the
11

equivalent of a C grade or higher on a grade A through
12

F scale in one or more advanced coursework or programs
13

compared with the percentage of high school students,
14

by race, gender, and program student group, who earn
15

the equivalent of a C grade or higher on a grade A
16

through F scale in one or more standard coursework or
17

programs;
18

(xv) (blank);
19

(xvi) (blank); and
20

(F) data tables and graphs for each race and ethnicity
21

category and gender category describing:
22

(i) the total student number and student
23

percentage for Advanced Placement courses taken by
24

race and ethnicity category and gender category;
25

(ii) the total student number and student
26

percentage for International Baccalaureate courses

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1

taken by race and ethnicity category and gender
2

category;
3

(iii) (blank);
4

(iv) (blank); and
5

(v) the total student number and student
6

percentage of high school students who earn a score of
7

3 or higher on the Advanced Placement exam associated
8

with an Advanced Placement course.
9

For data on teacher experience and education under this
10
subsection (7), a teacher who teaches a combination of courses
11
designated as advanced coursework or programs, courses or
12
programs that have high school student enrollment by English
13
learners, or standard coursework or programs shall be included
14
in all relevant categories and the teacher's level of
15
experience shall be added to the categories.
16
(Source: P.A. 103-116, eff. 6-30-23; 103-263, eff. 6-30-23;
17
103-413, eff, 1-1-24; 103-503, eff. 1-1-24; 103-605, eff.
18
7-1-24; 103-780, eff. 8-2-24; 104-391, eff. 8-15-25.)

19

(105 ILCS 5/10-19.05)
20

Sec. 10-19.05.
Daily pupil attendance calculation.
21

(a) Except as otherwise provided in this Section, for a
22
pupil of legal school age and in kindergarten or any of grades
23
1 through 12, a day of attendance shall be counted only for
24
sessions of not less than 5 clock hours of school work per day
25
under direct supervision of (i) teachers or (ii) non-teaching

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1
personnel or volunteer personnel when engaging in non-teaching
2
duties and supervising in those instances specified in
3
subsection (a) of Section 10-22.34 and paragraph 10 of Section
4
34-18. Days of attendance by pupils through verified
5
participation in an e-learning program adopted by a school
6
board and verified by the regional office of education or
7
intermediate service center for the school district under
8
Section 10-20.56 of this Code shall be considered as full days
9
of attendance under this Section.
10

(b) A pupil regularly enrolled in a public school for only
11
a part of the school day may be counted on the basis of
12
one-sixth of a school day for every class hour of instruction
13
of 40 minutes or more attended pursuant to such enrollment,
14
unless a pupil is enrolled in a block-schedule format of 80
15
minutes or more of instruction, in which case the pupil may be
16
counted on the basis of the proportion of minutes of school
17
work completed each day to the minimum number of minutes that
18
school work is required to be held that day.
19

(c) A session of 4 or more clock hours may be counted as a
20
day of attendance upon certification by the regional
21
superintendent of schools and approval by the State
22
Superintendent of Education to the extent that the district
23
has been forced to use daily multiple sessions.
24

(d) A session of 3 or more clock hours may be counted as a
25
day of attendance (1) when the remainder of the school day or
26
at least 2 hours in the evening of that day is utilized for an

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1
in-service training program for teachers, up to a maximum of
2
10 days per school year, provided that a district conducts an
3
in-service training program for teachers in accordance with
4
Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
5
full days may be used, in which event each such day may be
6
counted as a day required for a legal school calendar pursuant
7
to Section 10-19 of this Code; (2) when, of the 5 days allowed
8
under item (1), a maximum of 4 days are used for parent-teacher
9
conferences, or, in lieu of 4 such days, 2 full days are used,
10
in which case each such day may be counted as a calendar day
11
required under Section 10-19 of this Code, provided that the
12
full-day, parent-teacher conference consists of (i) a minimum
13
of 5 clock hours of parent-teacher conferences, (ii) both a
14
minimum of 2 clock hours of parent-teacher conferences held in
15
the evening following a full day of student attendance and a
16
minimum of 3 clock hours of parent-teacher conferences held on
17
the day immediately following evening parent-teacher
18
conferences, or (iii) multiple parent-teacher conferences held
19
in the evenings following full days of student attendance in
20
which the time used for the parent-teacher conferences is
21
equivalent to a minimum of 5 clock hours; and (3) when days in
22
addition to those provided in items (1) and (2) are scheduled
23
by a school pursuant to its school improvement plan adopted
24
under Article 34 or its revised or amended school improvement
25
plan adopted under Article 2, provided that (i) such sessions
26
of 3 or more clock hours are scheduled to occur at regular

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1
intervals, (ii) the remainder of the school days in which such
2
sessions occur are utilized for in-service training programs
3
or other staff development activities for teachers, and (iii)
4
a sufficient number of minutes of school work under the direct
5
supervision of teachers are added to the school days between
6
such regularly scheduled sessions to accumulate not less than
7
the number of minutes by which such sessions of 3 or more clock
8
hours fall short of 5 clock hours. Days scheduled for
9
in-service training programs, staff development activities, or
10
parent-teacher conferences may be scheduled separately for
11
different grade levels and different attendance centers of the
12
district.
13

(e) A session of not less than one clock hour of teaching
14
hospitalized or homebound pupils on-site or by telephone to
15
the classroom may be counted as a half day of attendance;
16
however, these pupils must receive 4 or more clock hours of
17
instruction to be counted for a full day of attendance.
18

(f) A session of at least 4 clock hours may be counted as a
19
day of attendance for first grade pupils and pupils in
20
full-day kindergartens, and a session of 2 or more hours may be
21
counted as a half day of attendance by pupils in kindergartens
22
that provide only half days of attendance.
23

(g) For children with disabilities who are below the age
24
of 6 years and who cannot attend 2 or more clock hours because
25
of their disability or immaturity, a session of not less than
26
one clock hour may be counted as a half day of attendance;

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1
however, for such children whose educational needs require a
2
session of 4 or more clock hours, a session of at least 4 clock
3
hours may be counted as a full day of attendance.
4

(h) A recognized kindergarten that provides for only a
5
half day of attendance by each pupil shall not have more than
6
one half day of attendance counted in any one day. However,
7
kindergartens may count 2 and a half days of attendance in any
8
5 consecutive school days. When a pupil attends such a
9
kindergarten for 2 half days on any one school day, the pupil
10
shall have the following day as a day absent from school,
11
unless the school district obtains permission in writing from
12
the State Superintendent of Education. Attendance at
13
kindergartens that provide for a full day of attendance by
14
each pupil shall be counted the same as attendance by first
15
grade pupils. Only the first year of attendance in one
16
kindergarten shall be counted, except in the case of children
17
who entered the kindergarten in their fifth year whose
18
educational development requires a second year of kindergarten
19
as determined under rules of the State Board of Education.
20

(i)
(Blank).

On the days when the State's final
21
accountability assessment is administered under subsection (c)
22
of Section 2-3.64a-5 of this Code, the day of attendance for a
23
pupil whose school day must be shortened to accommodate
24
required testing procedures may be less than 5 clock hours and
25
shall be counted toward the 176 days of actual pupil
26
attendance required under Section 10-19 of this Code, provided

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1
that a sufficient number of minutes of school work in excess of
2
5 clock hours are first completed on other school days to
3
compensate for the loss of school work on the examination
4
days.
5

(j) Pupils enrolled in a remote educational program
6
established under Section 10-29 of this Code may be counted on
7
the basis of a one-fifth day of attendance for every clock hour
8
of instruction attended in the remote educational program,
9
provided that, in any month, the school district may not claim
10
for a student enrolled in a remote educational program more
11
days of attendance than the maximum number of days of
12
attendance the district can claim (i) for students enrolled in
13
a building holding year-round classes if the student is
14
classified as participating in the remote educational program
15
on a year-round schedule or (ii) for students enrolled in a
16
building not holding year-round classes if the student is not
17
classified as participating in the remote educational program
18
on a year-round schedule.
19

(j-5) The clock hour requirements of subsections (a)
20
through (j) of this Section do not apply if the Governor has
21
declared a disaster due to a public health emergency pursuant
22
to Section 7 of the Illinois Emergency Management Agency Act.
23
The State Superintendent of Education may establish minimum
24
clock hour requirements under Sections 10-30 and 34-18.66 if
25
the Governor has declared a disaster due to a public health
26
emergency pursuant to Section 7 of the Illinois Emergency

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1
Management Agency Act.
2

(k) Pupil participation in any of the following activities
3
shall be counted toward the calculation of clock hours of
4
school work per day:
5

(1) Instruction in a college course in which a student
6

is dually enrolled for both high school credit and college
7

credit.
8

(2) Participation in a Supervised Career Development
9

Experience, as defined in Section 10 of the Postsecondary
10

and Workforce Readiness Act, in which student
11

participation and learning outcomes are approved by an
12

educator licensed under Article 21B for assessment of
13

competencies. Participation may include, but is not
14

limited to, scheduled events of local, State, and national
15

youth organizations, career and technical education
16

student organizations, FFA associations, and 4-H programs
17

as part of organized competitions, exhibitions, or
18

conferences.
19

(2.5) Participation in any work-based learning
20

experience, including supervised agricultural
21

experiences, in which student participation and learning
22

outcomes are approved by an educator who holds an Educator
23

License with Stipulations with a career and technical
24

educator endorsement and a work-based learning
25

designation, as required by rule.
26

(3) Participation in a youth apprenticeship, as

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1

jointly defined in rules of the State Board of Education
2

and Department of Commerce and Economic Opportunity, in
3

which student participation and outcomes are approved by
4

an educator licensed under Article 21B for assessment of
5

competencies.
6

(4) Participation in a blended learning program
7

approved by the school district in which course content,
8

student evaluation, and instructional methods are
9

supervised by an educator licensed under Article 21B.
10

A student and the student's parent or legal guardian are
11
responsible for obtaining coursework that is missed while the
12
student participates in an activity pursuant to this
13
subsection (k) from the student's teacher.
14

School district attendance policies shall be updated,
15
added to a district's student handbook, and publicly posted to
16
reflect the activities allowed to be counted toward the
17
calculation of clock hours of school work under this
18
subsection (k) no later than the beginning of the 2026-2027
19
school year. These policies shall include, at a minimum, an
20
approval process for students to attend allowable activities
21
under this subsection (k) and provisions for making up missed
22
coursework that do not penalize a student.
23
(Source: P.A. 103-560, eff. 1-1-24; 104-250, eff. 1-1-26
.)

24

(105 ILCS 5/10-20.9a)

(from Ch. 122, par. 10-20.9a)
25

Sec. 10-20.9a.
Final grade; promotion.

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1

(a) Teachers shall administer the approved marking system
2
or other approved means of evaluating pupil progress. The
3
teacher shall maintain the responsibility and right to
4
determine grades and other evaluations of students within the
5
grading policies of the district based upon his or her
6
professional judgment of available criteria pertinent to any
7
given subject area or activity for which he or she is
8
responsible. District policy shall provide the procedure and
9
reasons by and for which a grade may be changed; provided that
10
no grade or evaluation shall be changed without notification
11
to the teacher concerning the nature and reasons for such
12
change. If such a change is made, the person making the change
13
shall assume such responsibility for determining the grade or
14
evaluation, and shall initial such change.
15

(b) School districts shall not promote students to the
16
next higher grade level based upon age or any other social
17
reasons not related to the academic performance of the
18
students. On or before September 1, 1998, school boards shall
19
adopt and enforce a policy on promotion as they deem necessary
20
to ensure that students meet local goals and objectives and
21
can perform at the expected grade level prior to promotion.
22
Decisions to promote or retain students in any classes shall
23
be based on successful completion of the curriculum,
24
attendance, performance based on
the assessments required
25
under Section 2-3.64a-5 of this Code,
the Iowa Test of Basic
26
Skills
,
or other testing
,
or any other criteria established by

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1
the school board. Students determined by the local district to
2
not qualify for promotion to the next higher grade shall be
3
provided remedial assistance, which may include, but shall not
4
be limited to, a summer bridge program of no less than 90
5
hours, tutorial sessions, increased or concentrated
6
instructional time, modifications to instructional materials,
7
and retention in grade.
8

(c) (Blank).
9

(d) (Blank).
10
(Source: P.A. 104-391, eff. 8-15-25.)

11

(105 ILCS 5/10-29)
12

Sec. 10-29.
Remote educational programs.
13

(a) For purposes of this Section, "remote educational
14
program" means an educational program delivered to students in
15
the home or other location outside of a school building that
16
meets all of the following criteria:
17

(1) A student may participate in the program only
18

after the school district, pursuant to adopted school
19

board policy, and a person authorized to enroll the
20

student under Section 10-20.12b of this Code determine
21

that a remote educational program will best serve the
22

student's individual learning needs. The adopted school
23

board policy shall include, but not be limited to, all of
24

the following:
25

(A) Criteria for determining that a remote

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1

educational program will best serve a student's
2

individual learning needs. The criteria must include
3

consideration of, at a minimum, a student's prior
4

attendance, disciplinary record, and academic history.
5

(B) Any limitations on the number of students or
6

grade levels that may participate in a remote
7

educational program.
8

(C) A description of the process that the school
9

district will use to approve participation in the
10

remote educational program. The process must include
11

without limitation a requirement that, for any student
12

who qualifies to receive services pursuant to the
13

federal Individuals with Disabilities Education
14

Improvement Act of 2004, the student's participation
15

in a remote educational program receive prior approval
16

from the student's individualized education program
17

team.
18

(D) A description of the process the school
19

district will use to develop and approve a written
20

remote educational plan that meets the requirements of
21

subdivision (5) of this subsection (a).
22

(E) A description of the system the school
23

district will establish to determine student
24

participation in instruction in accordance with the
25

remote educational program.
26

(F) A description of the process for renewing a

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remote educational program at the expiration of its
2

term.
3

(G) Such other terms and provisions as the school
4

district deems necessary to provide for the
5

establishment and delivery of a remote educational
6

program.
7

(2) The school district has determined that the remote
8

educational program's curriculum is aligned to State
9

learning standards and that the program offers instruction
10

and educational experiences consistent with those given to
11

students at the same grade level in the district.
12

(3) The remote educational program is delivered by
13

instructors that meet the following qualifications:
14

(A) they are licensed under Article 21B of this
15

Code;
16

(B) (blank); and
17

(C) they have responsibility for all of the
18

following elements of the program: planning
19

instruction, diagnosing learning needs, prescribing
20

content delivery through class activities, assessing
21

learning, reporting outcomes to administrators and
22

parents and guardians, and evaluating the effects of
23

instruction.
24

(4) During the period of time from and including the
25

opening date to the closing date of the regular school
26

term of the school district established pursuant to

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Section 10-19 of this Code, participation in a remote
2

educational program may be claimed for evidence-based
3

funding purposes under Section 18-8.15 of this Code on any
4

calendar day, notwithstanding whether the day is a day of
5

pupil attendance or institute day on the school district's
6

calendar or any other provision of law restricting
7

instruction on that day. If the district holds year-round
8

classes in some buildings, the district shall classify
9

each student's participation in a remote educational
10

program as either on a year-round or a non-year-round
11

schedule for purposes of claiming evidence-based funding.
12

Outside of the regular school term of the district, the
13

remote educational program may be offered as part of any
14

summer school program authorized by this Code.
15

(5) Each student participating in a remote educational
16

program must have a written remote educational plan that
17

has been approved by the school district and a person
18

authorized to enroll the student under Section 10-20.12b
19

of this Code. The school district and a person authorized
20

to enroll the student under Section 10-20.12b of this Code
21

must approve any amendment to a remote educational plan.
22

The remote educational plan must include, but is not
23

limited to, all of the following:
24

(A) Specific achievement goals for the student
25

aligned to State learning standards.
26

(B) A description of all assessments that will be

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1

used to measure student progress, which description
2

shall indicate the assessments that will be
3

administered at an attendance center within the school
4

district.
5

(C) A description of the progress reports that
6

will be provided to the school district and the person
7

or persons authorized to enroll the student under
8

Section 10-20.12b of this Code.
9

(D) Expectations, processes, and schedules for
10

interaction between a teacher and student.
11

(E) A description of the specific responsibilities
12

of the student's family and the school district with
13

respect to equipment, materials, phone and Internet
14

service, and any other requirements applicable to the
15

home or other location outside of a school building
16

necessary for the delivery of the remote educational
17

program.
18

(F) If applicable, a description of how the remote
19

educational program will be delivered in a manner
20

consistent with the student's individualized education
21

program required by Section 614(d) of the federal
22

Individuals with Disabilities Education Improvement
23

Act of 2004 or plan to ensure compliance with Section
24

504 of the federal Rehabilitation Act of 1973.
25

(G) A description of the procedures and
26

opportunities for participation in academic and

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extracurricular activities and programs within the
2

school district.
3

(H) The identification of a parent, guardian, or
4

other responsible adult who will provide direct
5

supervision of the program. The plan must include an
6

acknowledgment by the parent, guardian, or other
7

responsible adult that he or she may engage only in
8

non-teaching duties not requiring instructional
9

judgment or the evaluation of a student. The plan
10

shall designate the parent, guardian, or other
11

responsible adult as non-teaching personnel or
12

volunteer personnel under subsection (a) of Section
13

10-22.34 of this Code.
14

(I) The identification of a school district
15

administrator who will oversee the remote educational
16

program on behalf of the school district and who may be
17

contacted by the student's parents with respect to any
18

issues or concerns with the program.
19

(J) The term of the student's participation in the
20

remote educational program, which may not extend for
21

longer than 12 months, unless the term is renewed by
22

the district in accordance with subdivision (7) of
23

this subsection (a).
24

(K) A description of the specific location or
25

locations in which the program will be delivered. If
26

the remote educational program is to be delivered to a

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student in any location other than the student's home,
2

the plan must include a written determination by the
3

school district that the location will provide a
4

learning environment appropriate for the delivery of
5

the program. The location or locations in which the
6

program will be delivered shall be deemed a long
7

distance teaching reception area under subsection (a)
8

of Section 10-22.34 of this Code.
9

(L) Certification by the school district that the
10

plan meets all other requirements of this Section.
11

(6) Students participating in a remote educational
12

program must be enrolled in a school district attendance
13

center pursuant to the school district's enrollment policy
14

or policies.
A student participating in a remote
15

educational program must be tested as part of all
16

assessments administered by the school district pursuant
17

to Section 2-3.64a-5 of this Code at the attendance center
18

in which the student is enrolled and in accordance with
19

the attendance center's assessment policies and schedule.

20

The student must be included within all accountability
21

determinations for the school district and attendance
22

center under State and federal law.
23

(7) The term of a student's participation in a remote
24

educational program may not extend for longer than 12
25

months, unless the term is renewed by the school district.
26

The district may only renew a student's participation in a

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1

remote educational program following an evaluation of the
2

student's progress in the program, a determination that
3

the student's continuation in the program will best serve
4

the student's individual learning needs, and an amendment
5

to the student's written remote educational plan
6

addressing any changes for the upcoming term of the
7

program.
8

For purposes of this Section, a remote educational program
9
does not include instruction delivered to students through an
10
e-learning program approved under Section 10-20.56 of this
11
Code.
12

(b) A school district may, by resolution of its school
13
board, establish a remote educational program.
14

(c) (Blank).
15

(d) The impact of remote educational programs on wages,
16
hours, and terms and conditions of employment of educational
17
employees within the school district shall be subject to local
18
collective bargaining agreements.
19

(e) The use of a home or other location outside of a school
20
building for a remote educational program shall not cause the
21
home or other location to be deemed a public school facility.
22

(f) A remote educational program may be used, but is not
23
required, for instruction delivered to a student in the home
24
or other location outside of a school building that is not
25
claimed for evidence-based funding purposes under Section
26
18-8.15 of this Code.

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(g) School districts that, pursuant to this Section, adopt
2
a policy for a remote educational program must submit to the
3
State Board of Education a copy of the policy and any
4
amendments thereto, as well as data on student participation
5
in a format specified by the State Board of Education. The
6
State Board of Education may perform or contract with an
7
outside entity to perform an evaluation of remote educational
8
programs in this State.
9

(h) The State Board of Education may adopt any rules
10
necessary to ensure compliance by remote educational programs
11
with the requirements of this Section and other applicable
12
legal requirements.
13
(Source: P.A. 101-81, eff. 7-12-19; 102-894, eff. 5-20-22.)

14

(105 ILCS 5/13A-11)
15

Sec. 13A-11.
Chicago public schools.
16

(a) The Chicago Board of Education may establish
17
alternative schools within Chicago and may contract with third
18
parties for services otherwise performed by employees,
19
including those in a bargaining unit, in accordance with
20
Sections 34-8.1, 34-18, and 34-49.
21

(b) Alternative schools operated by third parties within
22
Chicago shall be exempt from all provisions of this Code,
23
except provisions concerning:
24

(1) student civil rights;
25

(2) staff civil rights;

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1

(3) health and safety;
2

(4) performance and financial audits;
3

(5)
(blank);

the assessments required under Section
4

2-3.64a-5 of this Code;
5

(6) Chicago learning outcomes;
6

(7) Sections 2-3.25a through 2-3.25j of this Code;
7

(8) the Inspector General;
8

(9) Section 34-2.4b of this Code; and
9

(10) Article 26A and any other provision of this Code
10

concerning students who are parents, expectant parents, or
11

victims of domestic or sexual violence, as defined in
12

Article 26A.
13
(Source: P.A. 102-466, eff. 7-1-25
.)

14

(105 ILCS 5/13B-25.25)
15

Sec. 13B-25.25.
Testing and assessment.
A district plan
16
for an alternative learning opportunities program operated
17
through a cooperative or intergovernmental agreement must
18
provide procedures for ensuring that students are included in
19
the administration of statewide testing programs.
Students
20
enrolled in an alternative learning opportunities program
21
shall participate in State assessments under Section 2-3.64a-5
22
of this Code.
23
(Source: P.A. 98-972, eff. 8-15-14.)

24

(105 ILCS 5/14A-32)

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Sec. 14A-32.
Accelerated placement; school district
2
responsibilities.
3

(a) Each school district shall have a policy that allows
4
for accelerated placement that includes or incorporates by
5
reference the following components:
6

(1) a provision that provides that participation in
7

accelerated placement is not limited to those children who
8

have been identified as gifted and talented, but rather is
9

open to all children who demonstrate high ability and who
10

may benefit from accelerated placement;
11

(2) a fair and equitable decision-making process that
12

involves multiple persons and includes a student's parents
13

or guardians;
14

(3) procedures for notifying parents or guardians of a
15

child of a decision affecting that child's participation
16

in an accelerated placement program; and
17

(4) an assessment process that includes multiple
18

valid, reliable indicators.
19

(a-5) By no later than the beginning of the 2023-2024
20
school year, a school district's accelerated placement policy
21
shall allow for the automatic enrollment, in the following
22
school term, of a student into the next most rigorous level of
23
advanced coursework offered by the high school if the student
24
exceeds State standards in English language arts, mathematics,
25
or science
on a State assessment administered under Section
26
2-3.64a-5
as follows:

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1

(1) A student who exceeds State standards in English
2

language arts shall be automatically enrolled into the
3

next most rigorous level of advanced coursework in
4

English, social studies, humanities, or related subjects.
5

(2) A student who exceeds State standards in
6

mathematics shall be automatically enrolled into the next
7

most rigorous level of advanced coursework in mathematics.
8

(3) A student who exceeds State standards in science
9

shall be automatically enrolled into the next most
10

rigorous level of advanced coursework in science.
11

(a-10) By no later than the beginning of the 2027-2028
12
school year, a school district's accelerated placement policy
13
shall allow for automatic eligibility, in the following school
14
term, for a student to enroll in the next most rigorous level
15
of advanced coursework offered by the high school if the
16
student meets State standards in English language arts,
17
mathematics, or science
on a State assessment administered
18
under Section 2-3.64a-5
as follows:
19

(1) A student who meets State standards in English
20

language arts shall be automatically eligible to enroll in
21

the next most rigorous level of advanced coursework in
22

English, social studies, humanities, or related subjects.
23

(2) A student who meets State standards in mathematics
24

shall be automatically eligible to enroll in the next most
25

rigorous level of advanced coursework in mathematics.
26

(3) A student who meets State standards in science

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1

shall be automatically eligible to enroll in the next most
2

rigorous level of advanced coursework in science.
3

(a-15) For a student entering grade 12, the next most
4
rigorous level of advanced coursework in English language arts
5
or mathematics shall be a dual credit course, as defined in the
6
Dual Credit Quality Act, an Advanced Placement course, as
7
defined in Section 10 of the College and Career Success for All
8
Students Act, or an International Baccalaureate course;
9
otherwise, the next most rigorous level of advanced coursework
10
under this subsection (a-15) may include a dual credit course,
11
as defined in the Dual Credit Quality Act, an Advanced
12
Placement course, as defined in Section 10 of the College and
13
Career Success for All Students Act, an International
14
Baccalaureate course, an honors class, an enrichment
15
opportunity, a gifted program, or another program offered by
16
the district.
17

A school district may use the student's most recent State
18
assessment results to determine whether a student meets or
19
exceeds State standards. For a student entering grade 9,
20
results from the State assessment taken in grades 6 through 8
21
may be used. For other high school grades, the results from a
22
locally selected, nationally normed assessment may be used
23
instead of the State assessment if those results are the most
24
recent.
25

(a-20) A school district's accelerated placement policy
26
may allow for the waiver of a course or unit of instruction

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1
completion requirement if (i) completion of the course or unit
2
of instruction is required by this Code or rules adopted by the
3
State Board of Education as a prerequisite to receiving a high
4
school diploma and (ii) the school district has determined
5
that the student has demonstrated mastery of or competency in
6
the content of the course or unit of instruction. The school
7
district shall maintain documentation of this determination of
8
mastery or competency for each student, that shall include
9
identification of the learning standards or competencies
10
reviewed, the methods of measurement used, student
11
performance, the date of the determination, and identification
12
of the district personnel involved in the determination
13
process.
14

(a-25) A school district's accelerated placement policy
15
must include a process through which the parent or guardian of
16
each student who meets State standards is provided
17
notification in writing of the student's eligibility for
18
enrollment in accelerated courses. This notification must
19
provide details on the procedures for the parent or guardian
20
to enroll or not enroll the student in accelerated courses, in
21
writing, on forms the school district makes available. If no
22
course selection is made by the parent or guardian in
23
accordance with procedures set forth by the school district,
24
the student shall be automatically enrolled in the next most
25
rigorous level of coursework. A school district must provide
26
the parent or guardian of a student eligible for enrollment

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1
under subsection (a-5) or (a-10) with the option to instead
2
have the student enroll in alternative coursework that better
3
aligns with the student's postsecondary education or career
4
goals. If applicable, a school district must provide
5
notification to a student's parent or guardian that the
6
student will receive a waiver of a course or unit of
7
instruction completion requirement under subsection (a-5) or
8
(a-10).
9

Nothing in subsection (a-5) or (a-10) may be interpreted
10
to preclude other students from enrolling in advanced
11
coursework per the policy of a school district.
12

(a-30) Nothing in this Section shall prohibit the
13
implementation of policies that allow for automatic enrollment
14
of students who meet standards on State assessments into the
15
next most rigorous level of advanced coursework offered by a
16
high school.
17

(b) Further, a school district's accelerated placement
18
policy may include or incorporate by reference, but need not
19
be limited to, the following components:
20

(1) procedures for annually informing the community
21

at-large, including parents or guardians, community-based
22

organizations, and providers of out-of-school programs,
23

about the accelerated placement program and the methods
24

used for the identification of children eligible for
25

accelerated placement, including strategies to reach
26

groups of students and families who have been historically

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1

underrepresented in accelerated placement programs and
2

advanced coursework;
3

(2) a process for referral that allows for multiple
4

referrers, including a child's parents or guardians; other
5

referrers may include licensed education professionals,
6

the child, with the written consent of a parent or
7

guardian, a peer, through a licensed education
8

professional who has knowledge of the referred child's
9

abilities, or, in case of possible early entrance, a
10

preschool educator, pediatrician, or psychologist who
11

knows the child;
12

(3) a provision that provides that children
13

participating in an accelerated placement program and
14

their parents or guardians will be provided a written plan
15

detailing the type of acceleration the child will receive
16

and strategies to support the child;
17

(4) procedures to provide support and promote success
18

for students who are newly enrolled in an accelerated
19

placement program;
20

(5) a process for the school district to review and
21

utilize disaggregated data on participation in an
22

accelerated placement program to address gaps among
23

demographic groups in accelerated placement opportunities;
24

and
25

(6) procedures to promote equity, which may
26

incorporate one or more of the following evidence-based

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1

practices:
2

(A) the use of multiple tools to assess
3

exceptional potential and provide several pathways
4

into advanced academic programs when assessing student
5

need for advanced academic or accelerated programming;
6

(B) providing enrichment opportunities starting in
7

the early grades to address achievement gaps that
8

occur at school entry and provide students with
9

opportunities to demonstrate their advanced potential;
10

(C) the use of universal screening combined with
11

local school-based norms for placement in accelerated
12

and advanced learning programs;
13

(D) developing a continuum of services to identify
14

and develop talent in all learners ranging from
15

enriched learning experiences, such as problem-based
16

learning, performance tasks, critical thinking, and
17

career exploration, to accelerated placement and
18

advanced academic programming; and
19

(E) providing professional learning in gifted
20

education for teachers and other appropriate school
21

personnel to appropriately identify and challenge
22

students from diverse cultures and backgrounds who may
23

benefit from accelerated placement or advanced
24

academic programming.
25

(c) The State Board of Education shall adopt rules to
26
determine data to be collected and disaggregated by

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1
demographic group regarding accelerated placement, including
2
the rates of students who participate in and successfully
3
complete advanced coursework, and a method of making the
4
information available to the public.
5

(d) On or before November 1, 2022, following a review of
6
disaggregated data on the participation and successful
7
completion rates of students enrolled in an accelerated
8
placement program, each school district shall develop a plan
9
to expand access to its accelerated placement program and to
10
ensure the teaching capacity necessary to meet the increased
11
demand.
12
(Source: P.A. 103-263, eff. 6-30-23; 103-743, eff. 8-2-24;
13
104-261, eff. 1-1-26; 104-417, eff. 8-15-25
.)

14

(105 ILCS 5/24A-7)

(from Ch. 122, par. 24A-7)
15

Sec. 24A-7.
Rules.
16

(a) The State Board of Education is authorized to adopt
17
such rules as are deemed necessary to implement and accomplish
18
the purposes and provisions of this Article, including, but
19
not limited to, rules:
20

(1) relating to the methods for measuring student
21

growth (including, but not limited to, limitations on the
22

age of usable data
and

;
the amount of data needed to
23

reliably and validly measure growth for the purpose of
24

teacher and principal evaluations
; and whether and at what
25

time annual State assessments may be used as one of

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1

multiple measures of student growth
);
2

(2) (blank);
3

(3) controlling for such factors as student
4

characteristics (including, but not limited to, students
5

receiving special education and English Learner services),
6

student attendance, and student mobility to best measure
7

the impact that a teacher, principal, school and school
8

district has on students' academic achievement;
9

(4) establishing minimum requirements for district
10

teacher and principal evaluation instruments and
11

procedures; and
12

(5) (blank).
13

A a school district may use an annual State assessment as a
14
measure of student growth for purposes of teacher or principal
15
evaluations.
16

(b) (Blank).
17

(c) On July 1, 2024, the State Superintendent of Education
18
shall convene a Performance Evaluation Advisory Committee for
19
the purpose of maintaining and improving the evaluator
20
training and pre-qualification program in this State under
21
Section 24A-3. The Committee shall be staffed by the State
22
Board of Education. Members of the Committee shall include,
23
without limitation, representatives from providers of the
24
evaluator retraining and pre-qualification program in this
25
State, which include teacher unions, school district
26
management, including a school district organized under

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1
Article 34, and a statewide organization representing regional
2
offices of education. Members of the Committee shall be
3
nominated by the providers and appointed by the State
4
Superintendent.
5

The Committee shall meet initially at the call of the
6
State Superintendent and shall select one member as
7
chairperson at its initial meeting. The Committee shall meet
8
at least quarterly and may also meet at the call of the
9
chairperson of the Committee.
10

The Committee shall advise the State Board of Education on
11
the continued implementation of the evaluator training and
12
pre-qualification program in this State, which may include the
13
development and delivery of the program's existing and new
14
administrators' academies, gathering feedback from program
15
instructors and participants, sharing best practices,
16
consulting with the State Board on any proposed rule changes
17
regarding evaluator training, and other subjects as determined
18
by the chairperson of the Committee.
19

(d) Prior to the applicable implementation date, the rules
20
shall not apply to teachers assigned to schools identified in
21
an agreement entered into between the board of a school
22
district operating under Article 34 of this Code and the
23
exclusive representative of the district's teachers in
24
accordance with Section 34-85c of this Code.
25
(Source: P.A. 103-617, eff. 7-1-24; 104-20, eff. 7-1-25.)

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1

(105 ILCS 5/26A-10)
2

Sec. 26A-10.
Definitions.
In this Article:
3

"Confidential" means information or facts expected and
4
intended to be kept private or protected by an existing
5
privilege in the Code of Civil Procedure. Confidential
6
information may be disclosed by a school or school district if
7
such disclosure is required by State or federal law or is
8
necessary to complete proceedings relevant to this Article.
9
Designation of student information as confidential applies to
10
the school and school district and does not limit a student's
11
right to speak about the student's experiences.
12

"Consent" includes, at a minimum, a recognition that (i)
13
consent is a freely given agreement to sexual activity, (ii)
14
an individual's lack of verbal or physical resistance or
15
submission resulting from the use of threat of force does not
16
constitute consent, (iii) an individual's manner of dress does
17
not constitute consent, (iv) an individual's consent to past
18
sexual activity does not constitute consent to future sexual
19
activity, (v) an individual's consent to engage in one type of
20
sexual activity with one person does not constitute consent to
21
engage in any other type of sexual activity or sexual activity
22
with another person, (vi) an individual can withdraw consent
23
at any time, and (vii) an individual cannot consent to sexual
24
activity if that individual is unable to understand the nature
25
of the activity or give knowing consent due to the
26
circumstances that include, but are not limited to, all the

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1
following:
2

(1) The individual is incapacitated due to the use or
3

influence of alcohol or drugs.
4

(2) The individual is asleep or unconscious.
5

(3) The individual is under the age of consent.
6

(4) The individual is incapacitated due to a mental
7

disability.
8

"Domestic or sexual violence" means domestic violence,
9
gender-based harassment, sexual activity without consent,
10
sexual assault, sexual violence, or stalking. Domestic or
11
sexual violence may occur through electronic communication.
12
Domestic or sexual violence exists regardless of when or where
13
the violence occurred, whether or not the violence is the
14
subject of a criminal investigation or the perpetrator has
15
been criminally charged or convicted of a crime, whether or
16
not an order of protection or a no-contact order is pending
17
before or has been issued by a court, or whether or not any
18
domestic or sexual violence took place on school grounds,
19
during regular school hours, or during a school-sponsored
20
event.
21

"Domestic or sexual violence organization" means a
22
nonprofit, nongovernmental organization that provides
23
assistance to victims of domestic or sexual violence or
24
advocates for those victims, including an organization
25
carrying out a domestic or sexual violence program, an
26
organization operating a shelter or a rape crisis center or

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1
providing counseling services, an accredited children's
2
advocacy center, an organization that provides services to or
3
advocates on behalf of children and students who are gay,
4
lesbian, bisexual, transgender, or gender nonconforming, an
5
organization that provides services to or advocates on behalf
6
of children and students who are parents or expectant parents,
7
or an organization seeking to eliminate domestic or sexual
8
violence or to address the consequences of that violence for
9
its victims through legislative advocacy or policy change,
10
public education, or service collaboration.
11

"Domestic violence" means abuse, as defined in the
12
Illinois Domestic Violence Act of 1986, by family or household
13
members, as defined in the Illinois Domestic Violence Act of
14
1986.
15

"Electronic communication" includes communications via
16
telephone, mobile phone, computer, email, video recorder, fax
17
machine, telex, pager, apps or applications, or any other
18
electronic communication or cyberstalking under Section 12-7.5
19
of the Criminal Code of 2012.
20

"Expectant parent" means a student who (i) is pregnant and
21
(ii) has not yet received a diploma for completion of a
22
secondary education, as defined in Section 22-22.
23

"Gender-based harassment" means any harassment or
24
discrimination on the basis of an individual's actual or
25
perceived sex or gender, including unwelcome sexual advances,
26
requests for sexual favors, other verbal or physical conduct

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of a sexual nature, or unwelcome conduct, including verbal,
2
nonverbal, or physical conduct that is not sexual in nature
3
but is related to a student's status as a parent, expectant
4
parent, or victim of domestic or sexual violence.
5

"Harassment" means any unwelcome conduct on the basis of a
6
student's actual or perceived race, gender, color, religion,
7
national origin, ancestry, sex, marital status, order of
8
protection status, disability, sexual orientation, gender
9
identity, pregnancy, or citizenship status that has the
10
purpose or effect of substantially interfering with the
11
individual's academic performance or creating an intimidating,
12
hostile, or offensive learning environment.
13

"Perpetrator" means an individual who commits or is
14
alleged to have committed any act of domestic or sexual
15
violence. The term "perpetrator" must be used with caution
16
when applied to children, particularly young children.
17

"Poor academic performance" means a student who has (i)
18
scored in the 50th percentile or below on a school
19
district-administered standardized test, (ii)
not met State

20
received a score on a State assessment that does not meet

21
standards in one or more of the fundamental learning areas
22
under Section 27-1, as applicable for the student's grade
23
level, or (iii) not met grade-level expectations on a school
24
district-designated assessment.
25

"Representative" means an adult who is authorized to act
26
on behalf of a student during a proceeding, including an

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1
attorney, parent, or guardian.
2

"School" means a school district or school governed by
3
this Code, including a school operating under Article 13, 13A,
4
13B, 27A, 32, 33, or 34, other than the Department of Juvenile
5
Justice School District. "School" includes any other entity
6
responsible for administering public schools, such as
7
cooperatives, joint agreements, charter schools, special
8
charter districts, regional offices of education, local
9
agencies, or the Department of Human Services, and nonpublic
10
schools recognized by the State Board of Education.
11

"Sexual activity" means any knowingly touching or fondling
12
by one person, either directly or through clothing, of the sex
13
organs, anus, mouth, or breast of another person for the
14
purpose of sexual gratification or arousal.
15

"Sexual assault" or "sexual violence" means any conduct of
16
an adult or minor child proscribed in Article 11 of the
17
Criminal Code of 2012, except for Sections 11-35, 11-40, and
18
11-45 of the Criminal Code of 2012, including conduct
19
committed by a perpetrator who is a stranger to the victim and
20
conduct by a perpetrator who is known or related by blood or
21
marriage to the victim.
22

"Stalking" means any conduct proscribed in Section 12-7.3,
23
12-7.4, or 12-7.5 of the Criminal Code of 2012, including
24
stalking committed by a perpetrator who is a stranger to the
25
victim and stalking committed by a perpetrator who is known or
26
related by blood or marriage to the victim.

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1

"Student" or "pupil" means any child who has not yet
2
received a diploma for completion of a secondary education.
3
"Student" includes, but is not limited to, an unaccompanied
4
minor not in the physical custody of a parent or guardian.
5

"Student at risk of academic failure" means a student who
6
is at risk of failing to meet the Illinois Learning Standards
7
or failing to graduate from elementary or high school and who
8
demonstrates a need for educational support or social services
9
beyond those provided by the regular school program.
10

"Student parent" means a student who is a custodial or
11
noncustodial parent taking an active role in the care and
12
supervision of a child and who has not yet received a diploma
13
for completion of a secondary education.
14

"Support person" means any person whom the victim has
15
chosen to include in proceedings for emotional support or
16
safety. A support person does not participate in proceedings
17
but is permitted to observe and support the victim with parent
18
or guardian approval. "Support person" may include, but is not
19
limited to, an advocate, clergy, a counselor, and a parent or
20
guardian. If a student is age 18 years or older, the student
21
has the right to choose a support person without parent or
22
guardian approval.
23

"Survivor-centered" means a systematic focus on the needs
24
and concerns of a survivor of sexual violence, domestic
25
violence, dating violence, or stalking that (i) ensures the
26
compassionate and sensitive delivery of services in a

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1
nonjudgmental manner, (ii) ensures an understanding of how
2
trauma affects survivor behavior, (iii) maintains survivor
3
safety, privacy, and, if possible, confidentiality, and (iv)
4
recognizes that a survivor is not responsible for the sexual
5
violence, domestic violence, dating violence, or stalking.
6

"Trauma-informed response" means a response involving an
7
understanding of the complexities of sexual violence, domestic
8
violence, dating violence, or stalking through training
9
centered on the neurobiological impact of trauma, the
10
influence of societal myths and stereotypes surrounding sexual
11
violence, domestic violence, dating violence, or stalking, and
12
understanding the behavior of perpetrators.
13

"Victim" means an individual who has been subjected to one
14
or more acts of domestic or sexual violence.
15
(Source: P.A. 102-466, eff. 7-1-25
.)

16

(105 ILCS 5/27A-4)
17

Sec. 27A-4.
General provisions.
18

(a) The General Assembly does not intend to alter or amend
19
the provisions of any court-ordered desegregation plan in
20
effect for any school district. A charter school shall be
21
subject to all federal and State laws and constitutional
22
provisions prohibiting discrimination on the basis of
23
disability, race, creed, color, gender, national origin,
24
religion, ancestry, marital status, or need for special
25
education services.

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1

(b) The total number of charter schools operating under
2
this Article at any one time shall not exceed 120. Not more
3
than 70 charter schools shall operate at any one time in any
4
city having a population exceeding 500,000, with at least 5
5
charter schools devoted exclusively to students from
6
low-performing or overcrowded schools operating at any one
7
time in that city; and not more than 45 charter schools shall
8
operate at any one time in the remainder of the State, with not
9
more than one charter school that has been initiated by a board
10
of education, or by an intergovernmental agreement between or
11
among boards of education, operating at any one time in the
12
school district where the charter school is located. In
13
addition to these charter schools, up to but no more than 5
14
charter schools devoted exclusively to re-enrolled high school
15
dropouts and/or students 16 or 15 years old at risk of dropping
16
out may operate at any one time in any city having a population
17
exceeding 500,000. Notwithstanding any provision to the
18
contrary in subsection (b) of Section 27A-5 of this Code, each
19
such dropout charter may operate up to 15 campuses within the
20
city. Any of these dropout charters may have a maximum of 1,875
21
enrollment seats, any one of the campuses of the dropout
22
charter may have a maximum of 165 enrollment seats, and each
23
campus of the dropout charter must be operated, through a
24
contract or payroll, by the same legal entity as that for which
25
the charter is approved and certified.
26

For purposes of implementing this Section, the State Board

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1
shall assign a number to each charter submission it receives
2
under Section 27A-6 for its review and certification, based on
3
the chronological order in which the submission is received by
4
it. The State Board shall promptly notify local school boards
5
when the maximum numbers of certified charter schools
6
authorized to operate have been reached.
7

(c) No charter shall be granted under this Article that
8
would convert any existing private, parochial, or non-public
9
school to a charter school.
10

(d) Enrollment in a charter school shall be open to any
11
pupil who resides within the geographic boundaries of the area
12
served by the local school board, provided that the board of
13
education in a city having a population exceeding 500,000 may
14
designate attendance boundaries for no more than one-third of
15
the charter schools permitted in the city if the board of
16
education determines that attendance boundaries are needed to
17
relieve overcrowding or to better serve low-income and at-risk
18
students. Students residing within an attendance boundary may
19
be given priority for enrollment, but must not be required to
20
attend the charter school.
21

(e) Nothing in this Article shall prevent 2 or more local
22
school boards from jointly issuing a charter to a single
23
shared charter school, provided that all of the provisions of
24
this Article are met as to those local school boards.
25

(f) No local school board shall require any employee of
26
the school district to be employed in a charter school.

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1

(g) No local school board shall require any pupil residing
2
within the geographic boundary of its district to enroll in a
3
charter school.
4

(h) If there are more eligible applicants for enrollment
5
in a charter school than there are spaces available,
6
successful applicants shall be selected by lottery. However,
7
priority shall be given to siblings of pupils enrolled in the
8
charter school and to pupils who were enrolled in the charter
9
school the previous school year, unless expelled for cause,
10
and priority may be given to pupils residing within the
11
charter school's attendance boundary, if a boundary has been
12
designated by the board of education in a city having a
13
population exceeding 500,000.
14

Any lottery required under this subsection (h) must be
15
administered and videotaped by the charter school. The
16
authorizer or its designee must be allowed to be present or
17
view the lottery in real time. The charter school must
18
maintain a videotaped record of the lottery, including a
19
time/date stamp. The charter school shall transmit copies of
20
the videotape and all records relating to the lottery to the
21
authorizer on or before September 1 of each year.
22

Subject to the requirements for priority applicant groups
23
set forth in paragraph (1) of this subsection (h), any lottery
24
required under this subsection (h) must be administered in a
25
way that provides each student an equal chance at admission.
26
If an authorizer makes a determination that a charter school's

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1
lottery is in violation of this subsection (h), it may
2
administer the lottery directly. After a lottery, each student
3
randomly selected for admission to the charter school must be
4
notified. Charter schools may not create an admissions process
5
subsequent to a lottery that may operate as a barrier to
6
registration or enrollment.
7

Charter schools may undertake additional intake
8
activities, including without limitation student essays,
9
school-parent compacts, or open houses, but in no event may a
10
charter school require participation in these activities as a
11
condition of enrollment. A charter school must submit an
12
updated waitlist to the authorizer on a quarterly basis. A
13
waitlist must be submitted to the authorizer at the same time
14
as quarterly financial statements, if quarterly financial
15
statements are required by the authorizer.
16

Dual enrollment at both a charter school and a public
17
school or non-public school shall not be allowed. A pupil who
18
is suspended or expelled from a charter school shall be deemed
19
to be suspended or expelled from the public schools of the
20
school district in which the pupil resides. Notwithstanding
21
anything to the contrary in this subsection (h):
22

(1) any charter school with a mission exclusive to
23

educating high school dropouts may grant priority
24

admission to students who are high school dropouts and/or
25

students 16 or 15 years old at risk of dropping out and any
26

charter school with a mission exclusive to educating

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1

students from low-performing or overcrowded schools may
2

restrict admission to students who are from low-performing
3

or overcrowded schools; "priority admission" for charter
4

schools exclusively devoted to re-enrolled dropouts or
5

students at risk of dropping out means a minimum of 90% of
6

students enrolled shall be high school dropouts; and
7

(2) any charter school located in a school district
8

that contains all or part of a federal military base may
9

set aside up to 33% of its current charter enrollment to
10

students with parents assigned to the federal military
11

base, with the remaining 67% subject to the general
12

enrollment and lottery requirements of subsection (d) of
13

this Section and this subsection (h); if a student with a
14

parent assigned to the federal military base withdraws
15

from the charter school during the course of a school year
16

for reasons other than grade promotion, those students
17

with parents assigned to the federal military base shall
18

have preference in filling the vacancy.
19

(i) (Blank).
20

(j) Notwithstanding any other provision of law to the
21
contrary, a school district in a city having a population
22
exceeding 500,000 shall not have a duty to collectively
23
bargain with an exclusive representative of its employees over
24
decisions to grant or deny a charter school proposal under
25
Section 27A-8 of this Code, decisions to renew or revoke a
26
charter under Section 27A-9 of this Code, and the impact of

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1
these decisions, provided that nothing in this Section shall
2
have the effect of negating, abrogating, replacing, reducing,
3
diminishing, or limiting in any way employee rights,
4
guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
5
14, and 15 of the Illinois Educational Labor Relations Act.
6

(k) In this Section:
7

"Low-performing school" means a public school in a school
8
district organized under Article 34 of this Code that enrolls
9
students in any of grades kindergarten through 8 and that is
10
ranked within the lowest 10% of schools in that district in
11
terms of the percentage of students meeting or exceeding
State

12
standards
on the assessments required under Section 2-3.64a-5
13
of this Code
.
14

"Overcrowded school" means a public school in a school
15
district organized under Article 34 of this Code that (i)
16
enrolls students in any of grades kindergarten through 8, (ii)
17
has a percentage of low-income students of 70% or more, as
18
identified in the most recently available School Report Card
19
published by the State Board, and (iii) is determined by the
20
Chicago Board of Education to be in the most severely
21
overcrowded 5% of schools in the district. On or before
22
November 1 of each year, the Chicago Board of Education shall
23
file a report with the State Board on which schools in the
24
district meet the definition of "overcrowded school".
25
"Students at risk of dropping out" means students 16 or 15
26
years old in a public school in a district organized under

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LRB104 17918 LNS 31354 b
1
Article 34 of this Code that enrolls students in any grades
2
9-12 who have been absent at least 90 school attendance days of
3
the previous 180 school attendance days.
4

(l) For advertisements created after January 1, 2015, any
5
advertisement, including a radio, television, print, Internet,
6
social media, or billboard advertisement, purchased by a
7
school district or public school, including a charter school,
8
with public funds must include a disclaimer stating that the
9
advertisement was paid for using public funds.
10

This disclaimer requirement does not extend to materials
11
created by the charter school, including, but not limited to,
12
a school website, informational pamphlets or leaflets, or
13
clothing with affixed school logos.
14
(Source: P.A. 103-175, eff. 6-30-23.)

15

(105 ILCS 5/27A-6)
16

Sec. 27A-6.
Contract contents; applicability of laws and
17
regulations.
18

(a) A certified charter shall constitute a binding
19
contract and agreement between the charter school and a local
20
school board under the terms of which the local school board
21
authorizes the governing body of the charter school to operate
22
the charter school on the terms specified in the contract.
23

(b) Notwithstanding any other provision of this Article,
24
the certified charter may not waive or release the charter
25
school from the State goals
and

,
standards
, and assessments

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1
established pursuant to Section 2-3.64a-5 of this Code. The
2
certified charter for a charter school operating in a city
3
having a population exceeding 500,000 shall require the
4
charter school to administer any other nationally recognized
5
standardized tests to its students that the chartering entity
6
administers to other students, and the results on such tests
7
shall be included in the chartering entity's assessment
8
reports.
9

(c) Subject to the provisions of subsection (e), a
10
material revision to a previously certified contract or a
11
renewal shall be made with the approval of both the local
12
school board and the governing body of the charter school.
13

(c-5) The proposed contract shall include a provision on
14
how both parties will address minor violations of the
15
contract.
16

(c-10) After August 4, 2023 (the effective date of Public
17
Act 103-416), any renewal of a certified charter must include
18
a union neutrality clause.
19

(d) The proposed contract between the governing body of a
20
proposed charter school and the local school board as
21
described in Section 27A-7 must be submitted to and certified
22
by the State Board before it can take effect. If the State
23
Board recommends that the proposed contract be modified for
24
consistency with this Article before it can be certified, the
25
modifications must be consented to by both the governing body
26
of the charter school and the local school board, and

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1
resubmitted to the State Board for its certification. If the
2
proposed contract is resubmitted in a form that is not
3
consistent with this Article, the State Board may refuse to
4
certify the charter.
5

The State Board shall assign a number to each submission
6
or resubmission in chronological order of receipt, and shall
7
determine whether the proposed contract is consistent with the
8
provisions of this Article. If the proposed contract complies,
9
the State Board shall so certify.
10

(e) No renewal of a previously certified contract is
11
effective unless and until the State Board certifies that the
12
renewal is consistent with the provisions of this Article. A
13
material revision to a previously certified contract may go
14
into effect immediately upon approval of both the local school
15
board and the governing body of the charter school, unless
16
either party requests in writing that the State Board certify
17
that the material revision is consistent with the provisions
18
of this Article. If such a request is made, the proposed
19
material revision is not effective unless and until the State
20
Board so certifies.
21
(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
22
103-605, eff. 7-1-24.)

23

(105 ILCS 5/34-8.14)
24

Sec. 34-8.14.
Non-waivable provisions.
Notwithstanding
25
anything in this Code to the contrary, statutes, regulations,

SB3028
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1
rules, and policy provisions concerning the following shall
2
not be waivable:
3

(1) student civil rights;
4

(2) staff civil rights;
5

(3) health and safety;
6

(4) performance and financial audits;
7

(5) Local School Council provisions, including
8

required statements of economic disclosure;
9

(6) the Open Meetings Act;
10

(7) the Freedom of Information Act;
11

(8)
(blank);

the assessments required under Section
12

2-3.64a-5 of this Code;
13

(9) Chicago learning outcomes;
14

(10) Sections 2-3.25a through 2-3.25j of this Code;
15

and
16

(11) collective bargaining agreements.
17
(Source: P.A. 98-972, eff. 8-15-14.)

18

Section 99.
Effective date.
This Act takes effect upon
19
becoming law.

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