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End of Session Legislation
HB 23 Rep. J. Mitchell - Sen. Righter
Signed into Law July 11, 2005 Public
Act 94-0158
Effective immediately, this legislation amends the Criminal Code by limiting
the instances when a child sex offender who is a parent or guardian of
a child attending the school may be present on the school grounds to:
(i) attend a conference at the school with school personnel to discuss
the progress of his or her child academically or socially, (ii) participate
in child review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special education
services, or (iii) attend conferences to discuss other student issues
concerning his or her child such as retention and promotion and notifies
the principal of the school of his or her presence at the school. This
legislation does not infringe upon the right of this individual to be
present in the school building or on school grounds for the purpose of
voting when that building is used as a polling place.
HB 60 Rep. Lang - Senator Maloney
Signed into Law July 14, 2005 Public
Act 94-0205
This legislation amends the Higher Education Student Assistance Act. The
Illinois Student Assistance Commission is required to implement and administer
a teacher scholarship program, to be known as the Teach Illinois Scholarship
Program to award scholarships to persons preparing to teach in areas of
identified staff shortages. Such scholarships awarded through this program
are subject to appropriations to the Commission by the General Assembly.
"Areas of identified staff shortage" is defined as a school
district in which the number of teachers is insufficient to meet student
or school district demand or a subject area for which the number of teachers
who are qualified to teach that subject area is insufficient to meet student
or school district demand, as determined by the State Board of Education.
The Student Assistance commission will make tuition payments directly
to the qualified institution of higher learning that the recipient attends
for the prescribed courses. Furthermore, the recipient is required to
accept employment to teach in an elementary or secondary school in Illinois
in an area of identified staff shortage for a period of at least 5 years.
- Effective January 1, 2006
HB 112 Rep. Feigenholtz - Sen. Cullerton
Signed into Law July 28th, 2005 - PA 94-0346
Beginning July 1, 2006, diesel powered vehicles owned or operated by the
State, any county or unit of local government, any school district, any
community college or public college or university, or any mass transit
agency must use a biodiesel bled of fuel that contains 2% biodiesel when
refueling at a bulk central fueling facility. For the purpose of this
legislation, a "bulk central fueling facility" means a non-commercial
fueling facility whose primary purpose is the fueling of vehicles owned
or operated by one of the entities mentioned above.
HB 156 Rep. Moffitt - Sen. Clayborne
Signed into Law July 25, 2005 - PA 94-0309
Effective immediately, this bill provides that if a pupil's change of
residence is due to the military service obligation of the individual
with legal custody, the student, with a written request from the individual
with legal custody, can maintain his or her residency as it was before
the military obligation. Neither school district is responsible to provide
a student under these circumstances with transportation.
HB 210 Delgado - Hunter
Signed into law July 7, 2005 - Public Act 94-0124
This legislation amends the Illinois Early Learning Council Act by requiring
the Council to act in coordination with the Interagency Nutrition Council
when dealing with activities related to nutrition, nutrition education,
and physical activity.
- Effective January 1, 2006
HB 312 Rep. Fritchey- Sen. Collins
Signed into law August 5, 2005 Public Act 94-0478
Effective immediately, this legislation amends the School Code by
providing that in addition to a unit of instruction studying the events
surrounding the Holocaust, every public elementary school and high school
curriculum will include a unit of instruction studying other acts of genocide
across the globe, including, but not limited to, the Armenian Genocide,
the Famine-Genocide in Ukraine, and more recent atrocities in Cambodia,
Bosnia, Rwanda, and Sudan.
HB 383 Rep. M. Davis - Sen. Lightford
Signed into Law July 21, 2005 - PA 94-0285
Effective immediately, this legislation amends the Historic Preservation
Agency Act and creates the Amistad Commission. This legislation contains
provisions concerning the membership and duties of the Commission, including
developing, with the State Board of Education, curriculum guidelines for
the teaching of information on slavery topics and issues. The Commission
is authorized to call upon any department, office, division, or agency
of the State, or of any county, municipality, or school district of the
State, to supply such data, program reports, and other information, personnel,
and assistance as it deems necessary to discharge its responsibilities
under this Act. The State Board of Education is required to assist the
Commission by: (i) marketing and distributing information and materials
on slavery topics to schools, and (ii) conducting at least one teacher
workshop annually on slavery issues. Commission guidelines for the teaching
of information on the African slave trade, slavery in America, the vestiges
of slavery in this country, and the contributions of African-Americans
to our country shall be made available to every school board. Authorizes
the Commission to call upon appropriate school personnel of any department,
office, municipality, or school district of the State for the discharge
of Commission responsibilities and to cooperate with the Commission in
accomplishing the purposes of the Act. The State Superintendent or his
or her designee shall act as an ex-efficio member of the Commission.
Furthermore, the school code is amended by setting forth a provision that
the State curriculum on Black History shall include the history of the
African slave trade, slavery in America, and the vestiges of slavery in
this country. Provides that prepared materials made available by the State
Superintendent of Education on this unit of instruction shall include
the materials established by the Amistad Commission.
HB 384 Rep. M. Davis - Sen. Lightford
Signed into Law July 14, 2005 Public
Act 94-0208
Effective immediately, this legislation states that a pre-service education
candidate must pass the subject matter test in the discipline in which
he or she will to teach prior to certification. The teacher preparation
program may require passage of the test of subject matter knowledge at
any time during the program, including prior to student teaching.
HB 404 Rep. Eddy - Sen. Cronin
Signed into law August 4, 2005 - Public Act 94-0438
Effective July 1, 2005, this bill allows that a shortened school day (below
the required 5 clock hours) as a result of the Prairie State Achievement
Examination, will count towards the 176 days of pupil attendance if the
required time has been accrued prior to the examination.
HB 676 Rep. Chapa La Via - Sen. Petka
Signed into Law July 12, 2005 Public Act 94-0176
Effective immediately, this legislation extends the sunset provision that
is set to expire June 30th of this year. It would allow interfund transfers
between the Education, Operation & Maintenance and Transportation
funds for school districts other than Chicago, until June 30, 2007.
HB 678 Rep. Chapa La Via - Sen. del Valle
Signed into law August 22, 2005 Public Act 94-0642
This legislation provides that for elementary school students who are
in a State-approved transitional bilingual education program or transitional
program of instruction, the time allotted to take State tests may be extended
as determined by the State Board of Education by rule. This legislation
also deletes the reference to a specific test for certain bilingual education
students (Illinois Measure of Annual Growth in English test) and instead
refers to the test as an Accommodated Limited English Proficient Student
Academic Content Assessment as determined by the State Board of Education.
- Effective January 1, 2006
HB 728 Rep. J. Mitchell - Sen. Sieben
Signed into Law July 12, 2005 - Public Act 94-0157
Effective immediately, if a student is unilaterally placed by a court
or State agency in a non-public school, special education facility, public
out-of-state school, or a county special education facility, the school
district is not required to certify to ISBE that their programs were insufficient
to meet the needs of the student to receive tuition reimbursement.
HB 733 Rep. Delgado - Sen. Hunter
This legislation, effective immediately, requires the State Board of Education
to establish a State goal that all school districts have a wellness policy
that is consistent with recommendations of the Centers for Disease Control
and Prevention. The Department of Public Health, the Department of Human
Services and the State Board are required to form an interagency working
group to publish model wellness policies and sample programs. The School
Wellness Policy Taskforce is created and established to identify barriers
to implementing wellness policies, recommend how to reduce those barriers,
recommend statewide school nutrition standards, and evaluate the effectiveness
of wellness policies.
HB 744 Rep. Wait - Sen. Martinez
Effective immediately, this legislation amends the Department of Transportation
Law of the Civil Administrative Code by providing that, upon enactment
of a federal transportation bill with a dedicated fund available to states
for safe routes for schools, the Department of Transportation shall, in
cooperation with the State Board of Education and the Department of State
Police, establish and administer a Safe Routes to School Construction
Program for the construction of bicycle and pedestrian safety and traffic-calming
projects, with construction grants being made available to local governmental
agencies.
HB 881 Rep. Kosel - Sen. del Valle
Signed into law August2, 2005 - Public Act 94-0410
This legislation re-establishes the Gifted and Talented Children Article
of the School Code. The Article shall apply beginning with the 2006-2007
school year. School districts shall continue to have the authority and
flexibility to design education programs for gifted and talented children
in response to community needs. This article sets forth minimum requirements
that must be met by local programs for the education of gifted and talented
children in order for the programs to be approved by the State Board of
Education and to qualify for State funding if available. The local educational
agency operating the program must submit a written program description
to the State Board demonstrating the fulfillment of the requirements.
A child shall be considered gifted and talented in any area of aptitude
and, specifically, in language arts and mathematics, by scoring in the
top 5% locally. The local program for the education of gifted and talented
children must use a minimum of 3 assessment measures used to identify
gifted and talented children in each area in which a program for gifted
and talented children is established and provide a fair and impartial
appeal process within the school, school district, or cooperative of school
districts operating a program for parents or guardians of aggrieved children.
Requires the State Board to designate a staff person who shall be in charge
of educational programs for gifted and talented children. The local program
must also provide a description of how gifted and talented children will
be grouped and instructed in order to maximize the educational benefits
the children derive from participation in the program and a show that
the certified teachers who are assigned to teach gifted and talented children
understand the characteristics and educational needs of the children and
are able to differentiate the curriculum An Advisory Council on the Education
of Gifted and Talented Children is reestablished. It provides that initially,
4 members of the Advisory Council shall serve terms through January 1,
2007 and 3 members will serve terms through January 1, 2009.
This legislation also further amends the School Code with respect to
school districts other than the Chicago school district by providing that
nothing in the School Code may preclude an elected school board member
from participating in a group health insurance program provided to an
employee of the school district that the board member serves if the board
member is a spouse or unmarried child of that employee.
HB 1324 Rep. Black Sen. Winkle
Signed into Law July 14, 2005 Public Act 94-0213
Effective immediately, this amends the School Code and allows for the
deactivation of an elementary school facility in the same manner as the
deactivation of a high school facility.
HB 1336 Rep. Coulson Sen. Schoenberg
Signed into Law July 12, 2005 Public Act 94-0187
Effective immediately, this legislation changes the attributes that teachers
are required to teach in the pursuit of character education. This legislation
specifically defines character education and requires teachers to teach
students respect, responsibility, fairness, caring, trustworthiness, and
citizenship, in order to raise pupils' honesty, kindness, justice, discipline,
respect for others, and moral courage for the purpose of lessening crime
and raising the standard of good character. The current requirement is
that teachers teach pupils honesty, kindness, justice, discipline, respect
for others, and moral courage for the purpose of lessening crime and raising
the standard of good character.
HB 1540 Rep. Cross Sen. Hunter
Signed into Law July 12, 2005 Public Act 94-0189
Effective immediately, this legislation allows a school board to excuse
pupils in grades 9 through 12 from engaging in physical education courses
if those pupils must utilize the time set aside for physical education
to receive special education support and services. Changes are also made
to the physical education course study requirements, which will now include
the development of movement skills, enhancing health-related fitness,
increasing student knowledge, encourages healthy habits and attitudes
for a healthy lifestyle and offering direct opportunities on how to learn
to work cooperative in a group setting. This physical education course
of study must also provide students with an opportunity to receive an
appropriate amount of daily physical activity as part of the regular school-curriculum.
HB 1541 Rep. Cross - Sen. Garrett
Signed into Law July 12, 2005 Public Act 94-0190
Effective immediately, this legislation requires the State Board of Education
to establish a school health recognition program that publicly identifies
schools that have implemented programs to increase the physical activity
of their students and that have adopted policies or implemented programs
to promote healthy nutritional choices for their students. This will allow
those schools to be recognized, share best practices, and model programs
and services with other schools throughout the State.
HB 2004 Rep. Acevedo - Sen. Munoz
Signed into law July 7, 2005 - Public Act 94-0133
This legislation amends the school code by requiring the Chicago Board
of Education to establish a program to identify students who are in need
of basic vision care, yet are not covered by insurance or public assistance
or do not have the financial ability to pay for services. This program
shall be known as the Healthy Kids - Healthy Minds Expanded Vision Program.
Through this program, the district, in cooperation with health care providers,
shall serve students at a minimum or no cost to the students. The legislation
allows for vision examinations and glasses under this program. Eligibility
for these services will be determined by prioritization of students based
on both physical and financial need. This legislation is subject to appropriation.
- Effective January 1, 2006
- A $3 million appropriation was made for this program purpose in the
FY 06 budget
HB 2407 Rep. Reitz Sen. Sullivan
Signed into Law July 19, 2005 - PA 94-0261
This legislation finishes the transfer of duties to the Department
of Agriculture, which ISBE used to hold in respect to Agricultural Education
fairs.
- Effective January 1, 2006
HB 2589 Rep. Davis - Sen. Ronen
Signed August 12, 2005 Public Act 94-0566
This legislation allows that if a school board determines that a school
is using funds awarded under the K-3 class size reduction grant program
for purposes not authorized by the program, then the school board, rather
than the school, shall determine how the funds are used.
- Effective January 1, 2006
HB 2693 Rep. Smith Sen. Wilhelmi
Signed August 16, 2005 Public Act 94-0600
Effective June 1, 2005, this legislation creates the School Safety Drill
Act to establish minimum requirements and standards for public and private
schools to follow when conducting school safety drills and reviewing school
emergency and crisis response plans. It also sets forth the types and
number of school safety drills that schools are required to conduct each
academic year and provides for emergency responder participation. Further,
this legislation allows schools to conduct additional safety drills and
sets forth the incidents addressed by each type of safety drill. This
legislation also contains provisions concerning an annual review, reporting,
duties of the State Fire Marshal, regional superintendents, and the State
Board of Education, a reporting and recording mechanism for fires and
the establishment of common rules. The Fire Drill Act and certain provisions
concerning school safety drills, plans, audits and courses are also repealed
in this legislation.
HB 3092 Rep. Cultra - Sen. Halvorson
Signed into law June 17, 2005 - Public Act 93-0052
Effective immediately, this legislation amends the School Code for school
districts having a population of less than 500,000 inhabitants, by providing
that the maximum tax rate for certain recently formed community unit school
districts that have a combined rate of more than 4% is as follows: for
2 years, the same as the actual combined rate of the previous elementary
and secondary district; and in each subsequent year the rate shall be
reduced by 0.10% or reduced to 4.00%, whichever is less. The school board
may seek to increase the reduced rate by referendum.
HB 3095 Rep. Osmond - Sen. Peterson
VETOED - August 12, 2005
Effective immediately, this legislation makes changes to provisions concerning
special taxing and bonding for temporary relocation expense and emergency
placement purposes. Applicable districts under this legislation must have
a building that has been condemned within 10 years after the building's
initial occupancy. It allows the levy of a tax for the purpose of providing
for the repayment of moneys paid to the district (instead of distributed)
for temporary relocation expenses. The legislation also allows bonds to
be issued for the costs of providing for the payment of any obligations
entered into to finance the repair, reconstruction, or replacement of
the condemned building and provides that bonds issued under these provisions
are not subject to any debt limitation imposed by any law.
HB 3451 Rep. Bellock - Sen. Dillard
Signed into Law July 14, 2005 - Public Act 94-0219
Effective immediately, this legislation requires that in addition to fingerprint-based
criminal history records checks performed by the Department of State Police,
the school district or regional superintendent of schools shall also perform
a check of the Statewide Sex Offender Database for each applicant for
employment with the school district.
HB 3480 Rep. Kosel - Sen. Radogno
Governor Amendatorily Vetoed August 22, 2005
Governor Amendatory Veto Message
Recommends that the changes to the Section of the School Code concerning
the annual budget take effect on July 1, 2006 (instead of immediately).
This legislation provides that the annual school district budget (except
Chicago) will separately identify revenue from taxes and all other income
sources and disclose all school board-sanctioned contractual agreements
and the estimated revenue to be received as a result of these contracts.
Contracts and agreements that pertain to goods and services and that are
intended to generate additional revenue for a school district in excess
of $1,000, including without limitation vending machine contracts, sports
and other attire, class rings, and photographic services must be approved
by the school board. Additionally, the annual budget shall contain a statement
of the cash on hand, an estimate of the cash expected to be received,
an estimate of the expenditures from revenues, and a statement of the
estimated cash from all other itemized sources (rather than all other
sources).
HB 3531 Rep. Eddy Sen. Righter
Signed into law - August 12, 2005 Public Act 94-0554
This legislation amends the Children and Family Services Act, the
Department of State Police Law of the Civil Administrative Code of Illinois,
and the School Code by requiring DCFS, the Department of State Police,
and the State Board of Education to jointly develop a sample protocol
for handling situations involving (i) the arrest of a person or persons
for the manufacture of methamphetamine at a place where a child resides
or (ii) a child's exposure to an environment in which methamphetamine
is manufactured or used. Protocol to handle these situations must be developed
by January 1, 2006 and be posted on the Web sites maintained by DCFS,
the Department of State Police, and the State Board of Education.
- Effective January 1, 2006
HB 3646 - Rep. Pritchard - Sen. J. Sullivan
Signed into Law July 14, 2005 Public Act 94-0220
Effective immediately, this legislation creates the Vocational Academies
Act. It allows a school district, in partnership with community colleges,
local employers, and community-based organizations, to establish a vocational
academy that is eligible for a grant from the State Board of Education
if the vocational academy meets specified requirements.
HB 3678 Rep. Schock - Sen. Lightford
Signed into law August 23, 2005 Public Act 94-0666
Effective immediately, this legislation provides that (1) the indicators
to determine adequate yearly progress for children with disabilities shall
be based on their individualized education plans, (2) placing a school
or school district on academic early warning status for not meeting adequate
yearly progress criteria for 2 consecutive annual calculations shall not
begin until the 2005-2006 school year, while removing the requirement
that the adequate yearly progress criteria be specified by the State Board
of Education; (3) criteria must not be met in the same subgroup and in
the same subject or in the school's or school district's participation
rate, attendance rate, or graduation rate in order for the school or school
district to be placed on academic early warning or watch status; and (4)
a school or school district on academic early warning or watch status
that meets adequate yearly progress criteria for one annual calculation
(instead of 2 consecutive annual calculations) shall be considered as
having met expectations and shall be removed from any status designation.
These provisions are contingent upon the federal government not formally
disapproving these acts through the submission and review process for
the Illinois Accountability Workbook.
HB 3680 Rep. Patterson - Sen. Collins
Signed into law August 4, 2005 - Public Act 94-0439
Effective July 1, 2005, under the provision allowing a school board
to provide free transportation when conditions are such that walking constitutes
a serious safety hazard, this legislation continues to require that a
school board annual review the conditions and make a determination as
to whether or not the condition still exists, but removes the requirement
that a school board certify those findings to the State Superintendent
of Education.
HB 3822 Rep. Colvin - Sen. Raoul
This legislation aligns the various statutes governing Early Childhood
Block Grant programs, strikes obsolete language and adds new language
to reflect current practices. Specifically, this legislation removes all
the language regarding the phase in of certified teachers which ended
in 1998 and clarifies that teachers of preschool children must be certified.
This legislation also reflects current practices by identifying other
entities, in addition to school districts, as eligible applicants for
the grants, as well as eliminating the model research training program
option that has not been implemented for the past fourteen years. Effective
July 1, 2005
SB 3 Sen. E. Jones - Rep. Bellock
Signed into Law July 12, 2005 - Public Act 94-0196
Effective immediately, this legislation amends the school code by providing
that ISBE implement and administer a Giant Steps Autism Center for Excellence
pilot program. This program will last for a period of three years beginning
in 2005-2006. The purpose of this pilot program will be for the study
and evaluation of autism and to provide related training for teachers,
paraprofessionals, and respite workers, therapist training, and consultative
services. ISBE is also granted authority to make grants to school districts
and other programs that apply to participate in the Giant Steps Autism
Center for Excellence program.
SB 10 Sen. del Valle - Rep. Delgado
Effective immediately, this legislation states that beginning the 2006-2007
school year, the State Board of Education shall establish by rule, a parental
participation pilot project to provide grants to the lowest performing
school districts to help these districts improve parental participation
through certain activities. This pilot project shall be for a period of
at least 4 school years. The State Board shall select 4 school districts
to participate in the pilot project, and sets forth criteria for the Board
to consider when selecting participating school districts and the requirements
for the participants. The Parental Participation Pilot Project Fund is
created as a special fund in the State treasury for this purpose and the
pilot project will be implemented only if there are specific funds appropriated
under this section for this purpose. These provisions are repealed on
December 31, 2010.
SB 46 Sen. Silverstein - Rep. Mathias
This legislation amends the Public Building Egress Act by providing that
stairwell enclosures in buildings greater than 4 stories shall comply
with one of the following requirements: (1) no stairwell enclosure door
shall be locked at any time; or (2) stairwell enclosure doors that are
locked shall be equipped with an electronic lock release system that is
activated upon loss of power. Further, stairwell enclosure doors at the
main egress level of the building shall remain unlocked from the stairwell
enclosure side at all times and building owners who lock stairwell enclosure
doors shall comply with specific requirements during the time necessary
to install a lock release system and two-way communication system. This
does not apply to any stairwell enclosure door that opens directly into
a dwelling unit, provided the dwelling unit door has a self-closer, latch,
and no self-locking hardware. In instances where all doors in the stairwell
meet specific criteria, the stairwell shall be provided with either a
two-way communication system or readily operable windows on each landing
or intermediate landing. This provision does not apply in a home rule
municipality that, on or before January 1, 2005, has passed an ordinance
regulating building access from stairwell enclosures in buildings that
are more than 4 stories in height.
- Effective January 1, 2006
SB 58 Sen. Burzynski - Rep. Osmond
Signed into Law July 12, 2005
Public Act 94-0197
Effective immediately, this legislation states that teachers institute
days may include First Aid.
SB 64 Sen. D. Sullivan - Rep. Mathias
Signed by into law June 9, 2005 - Public Act 94-0014
Effective January 1, 2005, this legislation requires steroid abuse
prevention to be taught to students who participate in interscholastic
athletic programs.
SB 69 Sen. B. Brady - Rep. D. Brady
Signed into law August 2, 2005 - Public Act 94-0426
This legislation states that the total amount from driver education fees
and reimbursement from the State for driver education cannot exceed the
total cost of the driver education program in any year and must be deposited
into the school district's driver education fund as a separate line item
budget entry. The money in the district's driver education fund can only
be used for the funding of a high school driver education program approved
by the State Board of Education that uses instructors certified by the
State Board of Education. This legislation is effective upon becoming
law.
- Effective January 1, 2006
SB 87 Sen. Garrett - Rep. May
Signed into law July 29, 2005 - Public Act 94-0376
Effective immediately, this legislation includes a provision that
when a district provides notification of a child's possible eligibility
to receive services from the Illinois School for the Deaf or the Illinois
School for the Visually Impaired, the district shall also make a reasonable
effort to further inform parents and guardians of eligible children of
the existence of other, local schools that provide services similar to
these schools and the services that these other schools provide.
SB88 Sen. Hunter - Rep. Delgado
Signed into Law July 12, 2005 Public
Act 94-0198
This legislation moves up the date by which the spring mandate waiver
report must be submitted to the General Assembly to March 1 (instead of
May 1). This gives the General Assembly 60 days, instead of 30) to disapprove
or approve the report in whole or in part.. It also makes an exception
to the daily physical education requirement on block scheduled days if
a school is engaged in block scheduling.
- Effective January 1, 2006
SB100 Sen. W. Jones - Rep. Bassi
Signed into Law July 11, 2005 Public Act
94-0170
Effective immediately, this legislation amends the Criminal Code by limiting
the instances when a child sex offender who is a parent or guardian of
a child attending the school may be present on the school grounds to:
(i) attend a conference at the school with school personnel to discuss
the progress of his or her child academically or socially, (ii) participate
in child review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special education
services, or (iii) attend conferences to discuss other student issues
concerning his or her child such as retention and promotion and notifies
the principal of the school of his or her presence at the school. This
legislation does not infringe upon the right of this individual to be
present in the school building or on school grounds for the purpose of
voting when that building is used as a polling place.
SB 162 Sen. Hunter - Rep. Delgado
Signed into Law July 12, 2005 Public Act 94-0199
Effective immediately, this legislation requires the State Board of Education
to establish a State goal that all school districts have a wellness policy
that is consistent with recommendations of the Centers for Disease Control
and Prevention. The Department of Public Health, Department of Human Services
and the State Board are required to form an interagency working group
to publish model wellness policies and sample programs. A School Wellness
Policy Taskforce will be created to identify barriers to implementing
wellness policies, recommend how to reduce those barriers, recommend statewide
school nutrition standards, and evaluate the effectiveness of wellness
policies.
SB 211 Sen. Hunter - Rep. Lang
Signed into Law July 12, 2005 Public Act 94-0200
Effective immediately, this legislation allows a school board to excuse
pupils in grades 9 through 12 from engaging in physical education courses
if those pupils must utilize the time set aside for physical education
to receive special education support and services. Changes are also made
to the physical education course study requirements, which will now include
the development of movement skills, enhancing health-related fitness,
increasing student knowledge, encourages healthy habits and attitudes
for a healthy lifestyle and offering direct opportunities on how to learn
to work cooperative in a group setting. This physical education course
of study must also provide students with an opportunity to receive an
appropriate amount of daily physical activity as part of the regular school-curriculum.
SB223 Sen. del Valle - Rep. Kosel
Signed into Law July 8, 2005 Public Act 94-0151
Effective immediately, this legislation re-establishes the Gifted and
Talented Children Article of the School Code. The Article shall apply
beginning with the 2006-2007 school year. School districts shall continue
to have the authority and flexibility to design education programs for
gifted and talented children in response to community needs. This article
sets forth minimum requirements that must be met by local programs for
the education of gifted and talented children in order for the programs
to be approved by the State Board of Education and to qualify for State
funding if available. The local educational agency operating the program
must submit a written program description to the State Board demonstrating
the fulfillment of the requirements. A child shall be considered gifted
and talented in any area of aptitude and, specifically, in language arts
and mathematics, by scoring in the top 5% locally. The local program for
the education of gifted and talented children must use a minimum of 3
assessment measures used to identify gifted and talented children in each
area in which a program for gifted and talented children is established
and provide a fair and impartial appeal process within the school, school
district, or cooperative of school districts operating a program for parents
or guardians of aggrieved children. Requires the State Board to designate
a staff person who shall be in charge of educational programs for gifted
and talented children. The local program must also provide a description
of how gifted and talented children will be grouped and instructed in
order to maximize the educational benefits the children derive from participation
in the program and a show that the certified teachers who are assigned
to teach gifted and talented children understand the characteristics and
educational needs of the children and are able to differentiate the curriculum
An Advisory Council on the Education of Gifted and Talented Children is
reestablished. It provides that initially, 4 members of the Advisory Council
shall serve terms through January 1, 2007 and 3 members will serve terms
through January 1, 2009.
SB 226 Sen. Cullerton - Rep. Froehlich
Signed into law June 14, 2005 - Public Act 94-0028
This legislation amends the Open Meetings Act. If a public body has
a website maintained by the public body's full-time staff, this legislation
requires that the public body post on the website (i) notice of any agenda
of a regular meeting of the public body's governing body, (ii) notice
of all meetings of the governing body, and (iii) beginning July 1, 2006,
minutes of regular meetings of the governing body open to the public.
It also specifies how long the postings must remain on the website and
states that a failure to post on the website does not invalidate meetings
or actions of the governing body. Other additional changes are also made
to the Open Meetings Act in this legislation. Certain provisions effective
immediately, others effective July 1, 2006.
SB 297 Sen. Cullerton - Rep. Giles
Provides that if a school district has a policy to permit proficiency
examinations for the practice driving part of the driver education course,
then the school district is entitled to only one-half of the reimbursement
amount for the practice driving part if the student proficiencies out.
- Effective January 1, 2006
SB 383 Sen. Link - Rep. Mathias
Signed into Law July 14, 2005 Public Act
94-0225
Effective immediately, this legislation requires the State Board of Education
to adopt rules for the documentation of school plan reviews and inspections
of school facilities and to convene a task force for the purpose of reviewing
these documents and making recommendations regarding training and accreditation
of individuals performing reviews or inspections. The taskforce will issue
its report no later than January 1, 2006. In the Section concerning the
school building code, makes changes regarding (i) an extension of time
for compliance with respect to fire protection issues and (ii) fire safety
checks and taking corrective action. Provides that the Office of the State
Fire Marshal or a qualified fire official to whom the State Fire Marshal
has delegated his or her authority shall conduct an annual fire safety
inspection of each school building in this State and that such inspections
must be at no cost to the school district.
SB 427 Sen. Maloney - Rep. Eddy
Signed into Law July 12, 2005 Public Act
94-0201
This legislation states that in school districts other than the Chicago
school district, upon non-renewal of a principal's administrative contract,
the principal shall be reclassified pursuant to Section 5/10-23.8b of
the school code. This legislation is effective upon becoming law.
SB 463 Sen. Maloney - Rep. Black
Signed into law July 1, 2005 - Public Act 94-0108
Effective immediately, this legislation amends the School Code and the
Public Community College Act by transferring all powers and duties of
the State Board of Education and State Superintendent of Education with
regard to high school equivalency certificates and testing to the Illinois
Community College Board.
SB 479 Sen. Shadid - Rep. Schock
Signed into Law July 14, 2005 Public Act 94-0227
This bill amends the School Employee Benefit Act by including a vocational
education district, a special education district, a program operated by
an education service region and a joint agreement to the definition of
"school district".
- Effective January 1, 2006
SB 574 Sen. del Valle - Rep. Giles
This legislation creates the College and Career Success for All Students
Act. It requires a teacher of an Advanced Placement course to obtain appropriate
training, subject to appropriation. The State Board of Education must
establish training guidelines that require teachers of Advanced Placement
courses to obtain recognized Advanced Placement training endorsed by the
College Board, also subject to appropriation. The Advanced Placement and
pre-Advanced Placement training to teachers in Illinois high schools must
meet certain requirements and the State Board must encourage school districts
to offer rigorous courses in grades 6 through 11 that prepare students
for the demands of Advanced Placement course work. The State Board of
Education must also encourage school districts to make it a goal that
all 10th graders take the Preliminary SAT/National Merit Scholars Qualifying
Test so that test results will provide each high school with a database
of student assessment data to identify students who are prepared or who
need additional work to be prepared to enroll and be successful in Advanced
Placement courses. This legislation is effective upon becoming law.
- Effective January 1, 2006
SB 575 Sen. del Valle - Rep. Giles
Signed into law August 24, 2005 Public Act 94-0676
Effective immediately, this legislation increases the graduation requirements
to receive a high school diploma.
- Pupil's entering 9th grade in the 2005-2006 school year must complete
three years of math instead of two.
- Pupils entering 9th grade in the 2006-2007 school year are additionally
required to have two years writing intensive courses, one of which is
English and the other of which may be English or any other subject.
A delineation is also made that the three years of math must include
Algebra I and a math class that includes geometry content.
- Pupils entering 9th grade in the 2007-2008 school year must additionally
complete two years of science instead of one.
- Pupils entering 9th grade in the 2008-2009 school year must successfully
complete four years of language arts instead of three.
This legislation requires the State Board of Education to develop and
inform school districts of standards for writing-intensive coursework.
SB 661 Sen. Harmon - Rep. Hannig
Signed into law June 30, 2005 - Public Act 94-0091
Finance Budget Implementation Bill for FY 06
SB 767 Sen. Demuzio - Rep. Froehlich
Signed into law July 8, 2005 - Public Act 94-0153
Effective immediately, this legislation allows that in multi-county
educational service regions, if the county boards grant approval through
an intergovernmental agreement, or if, in educational service regions
serving only one county, the county board grants approval, then the regional
superintendent of schools is authorized to hire private legal counsel
to represent him or her in legal matters, instead of the State's Attorney
of the county where the regional superintendent's office is located. This
legislation also provides that each county located within the region shall
pay a per capita share of the legal fees incurred, based on the number
of people in the county according to the most recent U.S. census.
SB 768 Sen. Demuzio - Rep. Howard
Signed into Law July 14, 2005 Public Act 94-0230
This legislation amends the Interagency Coordinating Council Act. It states
that in submitting the 2007 annual report the Council is required to make
to the Governor and General Assembly, the Council shall include recommendations
for expanding the recruitment of students and school personnel into programs
that provide the coursework for Learning Behavioral Specialist II-Transition
Specialist certification.
- Effective January 1, 2006
SB 1493 Sen. Harmon - Rep. Yarbrough
Signed into law August 2, 2005 Public Act 94-0432
Effective immediately, this legislation amends Article 5 Trustees of Schools
for Class II county school units (Cook County). An elementary district
that, when combined with "another" elementary district, has
a fall 2004 enrollment of 5,000-7,000 and coterminous boundaries with
a high school district that crosses township boundaries, may withdraw
from the jurisdiction of its current township treasurer and trustees of
schools in order to use the township treasurer and trustees that serve
the high school district. Subject to written notice to all involved by
certified mail within the same 30-day period, affirmative vote of 5 members
of the school board and adoption of a resolution, and approval by a majority
of the voters in the elementary district voting on the question. All rights,
title, securities, etc. attributable to the elementary district vest in
the receiving trustees of schools. This provision is repealed on January
1, 2010.
This legislation also amends Section 5-2.1 to allow electors in a high
school district that crosses township boundaries to vote for both the
trustees of the township in which the voter resides and the trustees of
the township in which jurisdiction becomes assigned. Additionally, a waiver
of a mandate established under a provision concerning eligible voters
may not be requested.
SB 1548 Sen. Trotter - Speaker Madigan
Signed into law June 10, 2005 - Public Act 94-0015
Omnibus Appropriations bill for FY 06. Effective July 1, 2005, except
for certain provisions that take effect immediately.
SB 1626 Sen. Ronen - Rep. Mendoza
Signed into Law July 28, 2005 -- PA 94-0350
Effective immediately, this legislation amends the school code in
provisions concerning an employee's physical fitness, sick leave and compulsory
school age exemptions. It provides that when required, certain examinations
may be conducted by, and certain certificates may be issued by, an advanced
practice nurse who has a written collaborative agreement with a collaborating
physician that authorizes the advanced practice nurse to perform health
examinations or a physician assistant who has been delegated the authority
to perform health examinations by his or her supervising physician (now,
only certain physicians and, in some cases, spiritual healers may conduct
the examinations and issue certificates).
SB 1637 Sen. Radogno - Rep. Lyons
Signed into law June 14, 2005 - Public Act 93-0034
Effective immediately, this legislation amends the Election Code by
providing that when the secretary or clerk of the political subdivision
provides the form for a back door referendum petition, the legal sufficiency
of the form cannot be the basis for a challenge to placing the referendum
on the ballot.
SB 1638 Sen. Burzynski - Rep. Flider
Signed into Law July 14, 2005 Public Act 94-0231
Effective July 1, 2005, this legislation amends the School Code by allowing
a school board, including the Chicago Board of Education, and governing
boards of special charter districts to appoint a student to the board
to serve in an advisory capacity for a term as determined by the board.
The student will be a member in an advisory capacity and shall not be
granted any voting privileges or attend any executive session of the board.
SB 1676 Sen. Watson - Rep. Phios
Signed into law July 1, 2005 - Public Act 94-0105
Effective immediately, this legislation provides that individuals
who have successfully achieved National Board certification through the
National Board for Professional Teaching Standards will be issued a Master
School Service Personnel Certificate, valid for 10 years. In provisions
concerning the Illinois Teaching Excellence Program, this legislation
provides for an annual payment of $3,000 to be paid to each school counselor
who receives a Master Certificate and is employed as a school counselor
by a school district.
SB 1734 Sen. Garrett - Rep. May
Signed into law August 4, 2005 - Public Act 94-0440
Effective immediately, with regard to funds appropriated from the
Driver Education Fund to the State Board of Education for reimbursement
to school districts for providing driver education, this legislation provides
that (i) as soon as may be after each quarter of the year, the State Comptroller
shall draw his or her warrants upon the State Treasurer as directed by
the State Board of Education, (ii) the warrant for each quarter shall
be in an amount equal to one-fourth of the total amount to be distributed
to school districts for the year, and (iii) payments shall be made to
school districts as soon as may be after receipt of the warrants. This
legislation also removes a provision that prohibits the amount of driver
education reimbursement made on account of any student from exceeding
the per pupil cost to the district of the classroom instruction part and
the practice driving instruction part combined and a provision that requires
claims for reimbursement to be submitted in duplicate by each school district
to the State Board of Education prior to October 1 of each year on such
forms and in such manner as prescribed by the State Board.
SB 1815 Sen. del Valle - Rep. Hannig
Signed into law June 22, 2005 - Public Act 94-0069
This legislation creates the FY2006 Budget Implementation (Education)
Act by amending the State Finance Act and the School Code. With regard
to the SBE Federal Department of Education Fund, the SBE Federal Agency
Services Fund, and the SBE Federal Department of Agriculture Fund, this
legislation provides that moneys (instead of all moneys) in these funds
shall be used for grants and contracts, and provides that non-appropriated
spending is allowed for the refund of unexpended grant moneys to the federal
government. Further, it provides that the SBE Federal Department of Education
Fund shall serve as the successor fund to the National Center for Education
Statistics Fund and any balance remaining in that fund must be transferred
to the SBE Federal Department of Education Fund. The SBE Federal Agency
Services Fund shall serve as the successor fund to the SBE Department
of Health and Human Services Fund, the SBE Federal Department of Labor
Federal Trust Fund, and the SBE Federal National Community Service Fund
and any balance in these funds must be transferred to the SBE Federal
Agency Services Fund. The State Board of Education Special Purpose Trust
Fund is created as a special fund in the State treasury, and provides
that moneys received by the State Board of Education from gifts, grants,
and donations shall be deposited into this Fund.
This legislation also provides that if the amount that the State Board
of Education will pay to a school district from fiscal year 2006 appropriations,
as estimated on April 1, 2006, is less than the amount that the State
Board paid to the district from fiscal year 2005 appropriations, then
the State Board shall make a fiscal year 2006 transitional assistance
payment to the district in an amount equal to the difference between the
estimated amount to be paid from fiscal year 2006 appropriations and the
amount paid from fiscal year 2005 appropriations.
With respect to the supervision of special education buildings and facilities,
it removes a provision that provides that in no case shall the aggregate
IDEA Part B discretionary funds received by the State Board of Education
exceed the amount of IDEA Part B discretionary funds available to the
State Board for fiscal year 1997, increased by 3% for fiscal year 1998
and increased by an additional 3% for each fiscal year thereafter.
In the State aid formula provisions, it increases the foundation level
of support from $4,964 to $5,164 beginning with the 2005-2006 school year.
With regard to supplemental general State aid, provides that (i) for the
2005-2006 school year, the grant shall be no less than the grant for the
2002-2003 school year, (ii) for the 2006-2007 school year, the grant shall
be no less than the grant for the 2002-2003 school year multiplied by
0.66, and (iii) for the 2007-2008 school year, the grant shall be no less
than the grant for the 2002-2003 school year multiplied by 0.33 (except
that if for any school year supplemental general State aid grants are
prorated, then the grants under this provision shall be prorated). Effective
July 1, 2005.
This legislation also requires the State Board of Education to test (1)
all pupils enrolled in the 5th and 8th grades in writing during the 2006-2007
school year; (2) all pupils enrolled in the 5th, 6th, and 8th grades in
writing during the 2007-2008 school year; and (3) all pupils enrolled
in the 3rd, 5th, 6th, and 8th grades in writing during the 2008-2009 school
year and each school year thereafter. The Prairie State Achievement Examination
shall measure student performance in writing beginning with the 2006-2007
school year.
SB 1851 Sen. Lightford - Rep. Delgado
Signed into law August 4, 2005 - Public Act 0441
Effective July 1, 2005, this legislation removes the requirement that
school districts file estimated reimbursement claims for costs of transitional
bilingual education by certain dates and that the State Superintendent
of Education transmit vouchers of the estimated claims to the Comptroller
by certain dates. With regard to reimbursement claims for transitional
bilingual education programs, this legislation provides that failure on
the part of the school district to prepare and certify the final adjusted
claims may constitute a forfeiture by the school district of its right
to State reimbursement (now, failure on the part of the school district
to prepare and certify the final adjusted claims on or before July 20
of any year and its failure thereafter to prepare and certify such report
to the regional superintendent of schools within 10 days after receipt
of a notice of delinquency shall constitute a forfeiture by the school
district of its right to State reimbursement).
SB 1853 Sen. Lightford - Rep. Giles
Signed into Law July 14, 2005 - Public Act 94-0234
Effective July 1, 2005, this legislation would increase financial accountability
within a school district. Several mechanisms are put in place to oversee
school finances, including requiring districts to submit a balanced budget
to ISBE, which could be made available on ISBE's website and would satisfy
the mandate for these documents to be made public. To the extent the budget
is not balanced, the district shall also adopt and file with the State
Board of Education, a deficit reduction plan to balance the district's
budget within 3 years. The amount of the Emergency Financial Grant would
also be increased per student, as well as the Emergency Financial Loan,
which would still be approved by ISBE but paid through the IL Finance
Authority bonding pool which has greater resources than ISBE. A provision
exempting financially distressed districts from the debt limit has been
removed and a school district must notify the State Board prior to issuing
any form of long-term or short-term debt that will result in outstanding
debt that exceeds 75% of the debt limit or any other provision of law.
This legislation also amends the Downstate School Finance Authority Law
of the School Code and this provision is effective immediately. This amendment
provides that the purpose of an Authority's power to appoint a chief executive
officer, chief fiscal officer, and chief educational officer is to administer
and manage, under the director of the Authority, the operations and educational
programs of the school district, in accordance with the School Code. It
also provides that an Authority shall have the power to take action on
behalf of the school district as the Authority deems necessary and in
accordance with the School Code, based on the recommendation of the chief
executive officer, chief educational officer, or chief fiscal officer
and that the district shall be bound by such action in all respects as
if the action had been approved by the district itself. A chief educational
officer shall have authority to determine the agenda and order of business
at school board meetings, as needed in order to carry forward and implement
the objectives and priorities of the Authority in the administration and
management of the district.
SB 1857 Sen. Cullerton - Rep. Saviano
Signed into law August 10, 2005 Public Act 94-0542
Effective immediately, this legislation amends the Open Meetings Act.
It provides that a public body's failure to strictly comply with the requirements
of the semi-annual review of closed meetings minutes does not make the
minutes or verbatim recordings open to the public or available in judicial
proceedings (other than those for violations of the Act) if the public
body, within 60 days of the discovery of its failure, conducts the review
and reports in an open meeting that the need for confidentiality remains
or no longer exists.
SB 1931 Sen. Halvorson - Rep. Miller
Signed into law July 14, 2005 - Public Act 94-0235
Effective immediately, this legislation mends the Education for Homeless
Children Act. It requires each regional superintendent of schools to appoint
an ombudsperson who is fair and impartial and familiar with the educational
rights and needs of homeless children to provide resource information
and resolve disputes at schools within his or her jurisdiction relating
to the rights of homeless children under the Act (now, each regional superintendent
of schools shall act as an ombudsperson to provide resource information
and resolve disputes relating to the rights of homeless children under
the Act, except in Cook County, where each school district shall designate
a person to serve as ombudsperson when a dispute arises). If a school
denies a homeless child enrollment or transportation, it shall immediately
refer the child or his or her parent or guardian to the ombudsperson and
provide the child or his or her parent or guardian with a written statement
of the basis for the denial. This legislation also provides that whenever
a child and his or her parent or guardian who initially share the housing
of another person due to loss of housing, economic hardship, or a similar
hardship continue to share the housing, a school district may, after the
passage of 18 months and annually thereafter, conduct a review as to whether
such hardship continues to exist. The Office of the Coordinator for the
Education of Homeless Children and Youth (at ISBE), established pursuant
to the federal McKinney-Vento Homeless Assistance Act, must convene meetings
throughout the State for the purpose of providing technical assistance,
education, training, and problem-solving regarding the implementation
of the Education for Homeless Children Act and the federal McKinney-Vento
Homeless Assistance Act. Finally, this legislation abolishes the Homeless
Children Committee.
SB 2032 Sen. J. Sullivan - Rep. Reis
Signed into law July 1, 2005 - Public Act 94-0106
Effective immediately, this legislation amends the Children of Deceased
Veterans Act by providing that the Department of Veterans' Affairs shall
provide certain education-related benefits to the children of certain
veterans who are attending or may attend a State or private (now, just
State) educational institution of elementary or high school grade.
Resolutions
SJR 41 Senator Garrett - Representative Washington
This resolution urges Congress to take all steps necessary, by means of
substantive legislation and by means of appropriation, to provide adequate
Impact Aid and Impact Aid supplement funding to the Department of Education
and the Department of Defense to ensure that the children of military
families attending local public schools receive the same level of educational
opportunity available to children in neighboring, non-federally impacted
school districts.
SJR 45 Senator Lightford - Representative Giles
Disapproval resolution for the 2005 Spring Waiver requests.
HJR 3 Representative Bellock - Senator Dillard
Recognizes April of 2005 as Autism Awareness Month in the State of Illinois.
HR 12 Representative Watson
This resolution establishes a Task Force on One-to-One Mentoring Programs.
It requires the Task Force to hold hearings concerning the best course
of action to maximize the potential of at-risk youth and to report its
recommendations to the House of Representatives no later than January
1, 2006.
HR 23 Representative Tryon
This resolution establishes the School Impact Fee Task Force for the purpose
of studying impact fees in Illinois.
HR 83 Representative Miller
This resolution urges the State Board of Education, the soft drink industry,
and the Illinois Statewide School Management Alliance to eliminate soft
drink beverage sales and junk food products from school settings.
HR 186 Representative Churchill
This resolution requests that the Illinois State Board of Education conduct
a study concerning the weight of textbooks carried by elementary and secondary
school pupils and, if deemed beneficial, the Board shall adopt maximum
textbook weight standards by July 1, 2006.
HR 201 Representative Mitchell
This resolution requires the House Appropriations - Elementary & Secondary
Education Committee to hold subject matter hearings with regard to the
regional delivery of educational services.
HR 278 Representative Lang
This resolution creates a Task Force to study the use of steroids among
young athletes.
HR 364 Representative Pritchard
This resolution urges the Congress of the United States and the United
States Department of Education not to move forward with creating the Student
Record Data System.
HR 425 Representative Verschoore
This resolution creates a Task Force on a Uniform Building Code for the
purpose of examining and making recommendations pertaining to the adoption
of a uniform building code for the State.
Illinois State Board of Education
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