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HB5551 Enrolled LRB104 20609 LNS 34101 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 2-3.33, 2-3.84, 14-7.03, and 21B-70 as follows:
6 (105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)
7 Sec. 2-3.33. Recomputation of claims. To recompute within
8 3 years from the final date for filing of a claim any claim for
9 general State aid reimbursement to any school district and to
10 recompute and adjust any such claims within 6 years from the
11 final date for filing, through and ending with Fiscal Year
12 2026, when there has been an adverse court or administrative
13 agency decision on the merits affecting the tax revenues of
14 the school district. However, no such adjustment shall be made
15 regarding equalized assessed valuation unless the district's
16 equalized assessed valuation is changed by greater than
17 $250,000 or 2%. Any adjustments for claims recomputed for the
18 2016-2017 school year and prior school years shall be applied
19 to the apportionment of evidence-based funding in Section
20 18-8.15 of this Code beginning in the 2017-2018 school year
21 and thereafter. However, the recomputation of a claim for
22 evidence-based funding for a school district shall not require
23 the recomputation of claims for all districts, and the State
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1 Board of Education shall only make recomputations of
2 evidence-based funding for those districts where an adjustment
3 is required, through and ending with Fiscal Year 2026. The
4 State Board is authorized to and shall apply corrections to
5 data used in evidence-based funding calculations that may
6 result in current year adjustments and shall recover funds
7 previously scheduled to be distributed or previously
8 distributed to an Organizational Unit or specially funded unit
9 during a fiscal year in accordance with Section 18-8.15 of
10 this Code.
11 Except in the case of an adverse court or administrative
12 agency decision, no recomputation of a State aid claim shall
13 be made pursuant to this Section as a result of a reduction in
14 the assessed valuation of a school district from the assessed
15 valuation of the district reported to the State Board of
16 Education by the Department of Revenue under Section 18-8.05
17 or 18-8.15 of this Code unless the requirements of Section
18 16-15 of the Property Tax Code and Section 2-3.84 of this Code
19 are complied with in all respects.
20 This paragraph applies to all requests for recomputation
21 of a general State aid or evidence-based funding claim
22 received after June 30, 2003 and before July 1, 2026. In
23 recomputing a general State aid or evidence-based funding
24 claim that was originally calculated using an extension
25 limitation equalized assessed valuation under paragraph (3) of
26 subsection (G) of Section 18-8.05 of this Code or Section
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1 18-8.15 of this Code, a qualifying reduction in equalized
2 assessed valuation shall be deducted from the extension
3 limitation equalized assessed valuation that was used in
4 calculating the original claim.
5 From the total amount of general State aid or
6 evidence-based funding to be provided to districts,
7 adjustments as a result of recomputation under this Section
8 together with adjustments under Section 2-3.84 must not exceed
9 $25 million, in the aggregate for all districts under both
10 Sections combined, of the general State aid or evidence-based
11 funding appropriation in any fiscal year; if necessary,
12 amounts shall be prorated among districts. If it is necessary
13 to prorate claims under this paragraph, then that portion of
14 each prorated claim that is approved but not paid in the
15 current fiscal year may be resubmitted as a valid claim in the
16 following fiscal year.
17 (Source: P.A. 102-699, eff. 4-19-22.)
18 (105 ILCS 5/2-3.84) (from Ch. 122, par. 2-3.84)
19 Sec. 2-3.84. In calculating the amount of State aid to be
20 apportioned to the various school districts in this State, the
21 State Board of Education shall incorporate and deduct the
22 total aggregate adjustments to assessments made by the State
23 Property Tax Appeal Board or Cook County Board of Appeals, as
24 reported pursuant to Section 16-15 of the Property Tax Code or
25 Section 129.1 of the Revenue Act of 1939 by the Department of
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1 Revenue, from the equalized assessed valuation that is
2 otherwise to be utilized in the initial calculation for
3 adjustments reported through Fiscal Year 2026.
4 From the total amount of general State aid or
5 evidence-based funding to be provided to districts for
6 adjustments reported through Fiscal Year 2026, adjustments
7 under this Section together with adjustments as a result of
8 recomputation under Section 2-3.33 must not exceed $25
9 million, in the aggregate for all districts under both
10 Sections combined, of the general State aid or evidence-based
11 funding appropriation in any fiscal year; if necessary,
12 amounts shall be prorated among districts. If it is necessary
13 to prorate claims under this paragraph, then that portion of
14 each prorated claim that is approved but not paid in the
15 current fiscal year may be resubmitted as a valid claim in the
16 following fiscal year.
17 (Source: P.A. 100-465, eff. 8-31-17.)
18 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
19 Sec. 14-7.03. Special education classes for children from
20 orphanages, foster family homes, children's homes, or State
21 residential units. If a school district maintains special
22 education classes on the site of orphanages and children's
23 homes, or if children from the orphanages, children's homes,
24 foster family homes, other State agencies, or State
25 residential units for children attend classes for children
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1 with disabilities in which the school district is a
2 participating member of a joint agreement, or if the children
3 from the orphanages, children's homes, foster family homes,
4 other State agencies, or State residential units attend
5 classes for the children with disabilities maintained by the
6 school district, then reimbursement shall be paid to eligible
7 districts in accordance with the provisions of this Section by
8 the Comptroller as directed by the State Superintendent of
9 Education.
10 The amount of tuition for such children shall be
11 determined by the actual cost of maintaining such classes,
12 using the per capita cost formula set forth in Section
13 14-7.01, such program and cost to be pre-approved by the State
14 Superintendent of Education.
15 If a school district makes a claim for reimbursement under
16 Section 18-3 of this Code it shall not include in any claim
17 filed under this Section a claim for such children. Payments
18 authorized by law, including State or federal grants for
19 education of children included in this Section, shall be
20 deducted in determining the tuition amount.
21 Nothing in this Code shall be construed so as to prohibit
22 reimbursement for the tuition of children placed in for profit
23 facilities. Private facilities shall provide adequate space at
24 the facility for special education classes provided by a
25 school district or joint agreement for children with
26 disabilities who are residents of the facility at no cost to
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1 the school district or joint agreement upon request of the
2 school district or joint agreement. If such a private facility
3 provides space at no cost to the district or joint agreement
4 for special education classes provided to children with
5 disabilities who are residents of the facility, the district
6 or joint agreement shall not include any costs for the use of
7 those facilities in its claim for reimbursement.
8 Reimbursement for tuition may include the cost of
9 providing summer school programs for children with severe and
10 profound disabilities served under this Section. Claims for
11 that reimbursement shall be filed by November 1 and shall be
12 paid on or before December 15 from appropriations made for the
13 purposes of this Section.
14 The State Board of Education shall establish such rules
15 and regulations as may be necessary to implement the
16 provisions of this Section.
17 Claims filed on behalf of programs operated under this
18 Section housed in an orphanage, children's home, private
19 facility, State residential unit, district or joint agreement
20 site, jail, detention center, or county-owned shelter care
21 facility shall be on an individual student basis only for
22 eligible students with disabilities. These claims shall be in
23 accordance with applicable rules.
24 Each district claiming reimbursement for individual
25 students shall have the eligibility of those students verified
26 by the State Board of Education. On September 30, December 31,
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1 and March 31, the State Board of Education shall voucher
2 payments for individual students based upon an estimated cost
3 calculated from the prior year's claim. Final claims for
4 individual students for the regular school term must be
5 received at the State Board of Education by June 15. Claims for
6 individual students received after June 15 shall not be
7 honored. Claims received by June 15 may be amended until
8 August 1. Final claims for individual students shall be
9 vouchered by August 31. However, notwithstanding any other
10 provisions of this Section or this Code, if the amount
11 appropriated for any fiscal year is less than the amount
12 required for purposes of this Section, the amount required to
13 eliminate any insufficient reimbursement for each district
14 claim under this Section shall be reimbursed on August 31 of
15 the next fiscal year. Payments required to eliminate any
16 insufficiency for prior fiscal year claims shall be made
17 before any claims are paid for the current fiscal year.
18 Regional superintendents may operate special education
19 classes for children from orphanages, foster family homes,
20 children's homes, or State residential units located within
21 the educational services region upon consent of the school
22 board otherwise so obligated. In electing to assume the powers
23 and duties of a school district in providing and maintaining
24 such a special education program, the regional superintendent
25 may enter into joint agreements with other districts and may
26 contract with public or private schools or the orphanage,
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1 foster family home, children's home, or State residential unit
2 for provision of the special education program. The regional
3 superintendent exercising the powers granted under this
4 Section shall be reimbursed for the actual cost of providing
5 such programs by the resident district as defined in Section
6 14-1.11a.
7 Any child who is not a resident of Illinois who is placed
8 in a child welfare institution, private facility, foster
9 family home, State operated program, orphanage, or children's
10 home shall have the payment for his educational tuition and
11 any related services assured by the placing agent.
12 For each student with a disability who is placed in a
13 residential facility by an Illinois public agency or by any
14 court in this State, the costs for educating the student are
15 eligible for reimbursement under this Section.
16 The district of residence of the student with a disability
17 as defined in Section 14-1.11a is responsible for the actual
18 costs of the student's special education program and is
19 eligible for reimbursement under this Section when placement
20 is made by a State agency or the courts.
21 When a dispute arises over the determination of the
22 district of residence under this Section, the district or
23 districts may appeal the decision in writing to the State
24 Superintendent of Education, who, upon review of materials
25 submitted and any other items or information he or she may
26 request for submission, shall issue a written decision on the
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1 matter. The decision of the State Superintendent of Education
2 shall be final.
3 In the event a district does not make a tuition payment to
4 another district that is providing the special education
5 program and services, the State Board of Education shall
6 immediately withhold 125% of the then remaining annual tuition
7 cost from the State aid or categorical aid payment due to the
8 school district that is determined to be the resident school
9 district. All funds withheld by the State Board of Education
10 shall immediately be forwarded to the school district where
11 the student is being served.
12 When a child eligible for services under this Section is
13 14-7.03 must be placed in a nonpublic facility, that facility
14 shall meet the programmatic requirements of Section 14-7.02
15 and its regulations, and the educational services shall be
16 funded only in accordance with this Section 14-7.03.
17 Beginning with the 2026-2027 school year, when a child
18 eligible for services under this Section is placed in a
19 separate public day school, that school shall meet the
20 definition of Section 14-1.08a and the programmatic
21 requirements and rules for separate public day schools, and
22 the educational services shall be funded only in accordance
23 with this Section.
24 (Source: P.A. 101-17, eff. 6-14-19.)
25 (105 ILCS 5/21B-70)
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1 Sec. 21B-70. Illinois Teaching Excellence Program.
2 (a) As used in this Section:
3 "Cohort" means a group of candidates for National Board
4 certification who are organized for the purpose of
5 participating in a structured support program, including
6 facilitated professional development, mentoring, and
7 collaborative learning.
8 "Diverse candidate" means a candidate who identifies with
9 any of the ethnicities reported on the Illinois Report Card
10 other than White.
11 "Hard-to-staff school" means a public school that (i) is
12 identified as hard to staff based on data reported on its
13 school report card under Section 10-17a or (ii) does not have a
14 school report card under Section 10-17a but serves a student
15 population in which no less than 30% or more of the student
16 enrollment is considered low income low-income as determined
17 by the State Board of Education using available enrollment or
18 funding data reported by the report card under Section 10-17a
19 of this Code.
20 "National Board certification" means a voluntary, advanced
21 teaching credential that exceeds State licensure requirements
22 and is awarded to teachers who meet rigorous national
23 standards for accomplished teaching practice established by
24 the National Board for Professional Teaching Standards through
25 a comprehensive, performance-based assessment process. A
26 teacher who holds such certification may be referred to as a
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1 "National Board certified teacher" under this Section.
2 "National Board certified teacher candidate cohort
3 facilitator" means a National Board certified teacher who
4 collaborates to advance the goal of supporting all other
5 candidate cohorts other than diverse candidate cohorts through
6 the Illinois National Board for Professional Teaching
7 Standards Comprehensive Support System.
8 "National Board certified teacher diverse candidate cohort
9 facilitator" means a National Board certified teacher who
10 collaborates to advance the goal of supporting racially and
11 ethnically diverse candidates through the Illinois National
12 Board for Professional Teaching Standards Comprehensive
13 Support System.
14 "National Board certified teacher diverse liaison" means
15 an individual or entity that supports the National Board
16 certified teacher leading a diverse candidate cohort.
17 "National Board certified teacher liaison" means an
18 individual or entity that supports the National Board
19 certified teacher leading candidate cohorts other than diverse
20 candidate cohorts.
21 "National Board certified teacher rural or remote or
22 distant candidate cohort facilitator" means a National Board
23 certified teacher who collaborates to advance the goal of
24 supporting rural or remote candidates through the Illinois
25 National Board for Professional Teaching Standards
26 Comprehensive Support System.
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1 "National Board certified teacher rural or remote or
2 distant liaison" means an individual or entity that supports
3 the National Board certified teacher leading a rural or remote
4 candidate cohort.
5 "Qualified educator" means a teacher or school counselor
6 currently employed in a school district who is in the process
7 of obtaining certification through the National Board for
8 Professional Teaching Standards or who has completed
9 certification and holds a current Professional Educator
10 License with a National Board for Professional Teaching
11 Standards designation or a retired teacher or school counselor
12 who holds a Professional Educator License with a National
13 Board for Professional Teaching Standards designation.
14 "Rural or remote" or "rural or remote or distant" means
15 local codes 32, 33, 41, 42, and 43 of the New Urban-Centric
16 Locale Codes, as defined by the National Center for Education
17 Statistics.
18 "School term" means that portion of the school year, from
19 July 1 to the following June 30, when school is in actual
20 session.
21 "Tier 1" has the meaning given to that term under Section
22 18-8.15.
23 "Tier 2" has the meaning given to that term under Section
24 18-8.15.
25 (a-5) A regional office of education or intermediate
26 service center may establish one cohort per county, except
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1 that an additional cohort may be established if the number of
2 candidates exceeds 20 participants in a single cohort. A
3 cohort shall include no more than 20 candidates.
4 A school district or individual school may establish a
5 cohort if at least 3 candidates are enrolled. The State Board
6 of Education or its designee may provide or approve a cohort
7 facilitator for a cohort. If a cohort facilitator is not
8 available locally, the State Board of Education or its
9 designee may (i) provide a facilitator through a virtual
10 format or (ii) assign candidates to an existing cohort
11 operated by a regional office of education, an intermediate
12 service center, or another approved provider, including a
13 virtual cohort.
14 (b) Any funds appropriated for the Illinois Teaching
15 Excellence Program must be used to provide monetary assistance
16 and incentives for qualified educators who are employed by or
17 retired from school districts and who have or are in the
18 process of obtaining certification licensure through the
19 National Board for Professional Teaching Standards and for
20 indirect costs necessary for program operations. The goal of
21 the program is to improve instruction and student performance.
22 The State Board of Education shall allocate an amount as
23 annually appropriated by the General Assembly for the Illinois
24 Teaching Excellence Program for (i) application or re-take
25 fees for each qualified educator seeking to complete
26 certification through the National Board for Professional
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1 Teaching Standards, to be paid directly to the National Board
2 for Professional Teaching Standards, and (ii) incentives under
3 paragraphs (1), (2), and (3) of subsection (c) for each
4 qualified educator, to be distributed to the respective school
5 district, and incentives under paragraph (5) of subsection
6 (c), to be distributed to the respective school district or
7 directly to the qualified educator. The school district shall
8 distribute this payment to each eligible teacher or school
9 counselor as a single payment.
10 The State Board of Education's annual budget must set out
11 by separate line item the appropriation for the program.
12 Unless otherwise provided by appropriation, qualified
13 educators are eligible for monetary assistance and incentives
14 outlined in subsections (c) and (d) of this Section.
15 (c) When there are adequate funds available, monetary
16 assistance and incentives shall include the following:
17 (1) A maximum of $2,000 toward the application or
18 re-take fee for teachers or school counselors in a Tier 1
19 school district who apply on a first-come, first-serve
20 basis for National Board certification.
21 (2) A maximum of $2,000 toward the application or
22 re-take fee for teachers or school counselors in a school
23 district other than a Tier 1 school district who apply on a
24 first-come, first-serve basis for National Board
25 certification.
26 (3) A maximum of $1,000 toward the National Board for
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1 Professional Teaching Standards' renewal application fee.
2 (3.5) An annual retention bonus of $4,000 awarded for
3 5 consecutive school years to a National Board certified
4 teacher who is employed in a hard-to-staff school in this
5 State. To be eligible for this retention bonus in a given
6 school year, a National Board certified teacher must (i)
7 be employed on a full-time basis as a teacher or school
8 counselor in a public school in this State for the entire
9 school term, (ii) hold a valid and active certificate
10 issued by the National Board for Professional Teaching
11 Standards, and (iii) be assigned for the full school term
12 to a school designated as hard to staff at the time of
13 initial qualification. A National Board certified teacher
14 who qualifies for this retention bonus remains eligible to
15 receive the bonus for the full 5-year award period,
16 notwithstanding a subsequent change in the school's
17 hard-to-staff designation, as long as the teacher remains
18 continuously employed at the same school or a different
19 hard-to-staff school. Eligibility for this retention bonus
20 terminates if the National Board certified teacher ceases
21 to be employed full time in a public school in this State
22 or accepts employment at a school that is not designated
23 as a hard-to-staff school. The State Board of Education
24 may not deny a National Board certified teacher this
25 retention bonus solely because the public school at which
26 the teacher is employed does not have a school report card
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1 under Section 10-17a.
2 Retention bonus funds shall be distributed on a
3 first-come, first-served basis. In any fiscal year in
4 which appropriated funds are insufficient to award all
5 eligible National Board certified teachers a retention
6 bonus, those eligible applicants who do not receive a
7 retention bonus shall be given priority consideration for
8 the subsequent fiscal year, in the order of their original
9 application.
10 (4) (Blank).
11 (5) An annual incentive of no more than $2,250
12 prorated at $50 per hour, which shall be paid to each
13 qualified educator currently employed in a school district
14 who holds both a National Board for Professional Teaching
15 Standards designation and a current corresponding
16 certificate issued by the National Board for Professional
17 Teaching Standards and who agrees, in writing, to provide
18 up to 45 hours of mentoring or National Board for
19 Professional Teaching Standards professional development
20 or both during the school year to classroom teachers or
21 school counselors, as applicable. Funds must be disbursed
22 on a first-come, first-serve basis, with priority given to
23 Tier 1 school districts. Mentoring shall include, either
24 singly or in combination, the following:
25 (A) National Board for Professional Teaching
26 Standards certification candidates.
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1 (B) National Board for Professional Teaching
2 Standards re-take candidates.
3 (C) National Board for Professional Teaching
4 Standards renewal candidates.
5 (D) (Blank).
6 Funds may also be used for professional development
7 training provided by the National Board Resource Center.
8 Funds may also be used for instructional leadership
9 training for qualified educators interested in supporting
10 implementation of the Illinois Learning Standards or teaching
11 and learning priorities of the State Board of Education or
12 both.
13 (d) (Blank). In addition to the monetary assistance and
14 incentives provided under subsection (c), if adequate funds
15 are available, incentives shall include the following
16 incentives for the program in rural or remote schools or
17 school districts or for programs working with diverse
18 candidates or for retention bonuses for hard-to-staff schools,
19 to be distributed to the respective school district or
20 directly to the qualified educator or entity:
21 (1) A one-time incentive of $3,000 payable to National
22 Board certified teachers teaching in Tier 1 or Tier 2
23 rural or remote school districts or rural or remote
24 schools in Tier 1 or Tier 2 school districts, with
25 priority given to teachers teaching in Tier 1 rural or
26 remote school districts or rural or remote schools in Tier
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1 1 school districts.
2 (2) An annual incentive of $3,200 for National Board
3 certified teacher rural or remote or distant candidate
4 cohort facilitators, diverse candidate cohort
5 facilitators, and candidate cohort facilitators. Priority
6 shall be given to rural or remote candidate cohort
7 facilitators and diverse candidate cohort facilitators.
8 (3) An annual incentive of $2,500 for National Board
9 certified teacher rural or remote or distant liaisons,
10 diverse liaisons, and liaisons. Priority shall be given to
11 rural or remote liaisons and diverse liaisons.
12 (4) An annual retention bonus of $4,000 per year for 2
13 consecutive years shall be awarded to National Board
14 certified teachers employed in hard-to-staff schools.
15 Funds must be disbursed on a first-come, first-served
16 basis.
17 (e) Teachers who hold both a National Board for
18 Professional Teaching Standards designation and a current
19 corresponding certificate issued by the National Board for
20 Professional Teaching Standards shall be encouraged to
21 participate in other mentoring programs.
22 (f) A school district may award lane placement credit on
23 the salary schedule to a teacher who is a National Board
24 certified teacher or a candidate for National Board
25 certification for participation in professional development
26 associated with a National Board support program. Such credit
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1 may be applied toward advancement on the school district's
2 salary schedule in accordance with the terms of an applicable
3 collective bargaining agreement or district policy.
4 (g) The State Board of Education shall report to the
5 General Assembly on the available data pertaining to services
6 offered, total educator participation and related demographic
7 data, recruitment efforts, and program growth and outcomes by
8 October 15, 2027.
9 (Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24;
10 103-605, eff. 7-1-24.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.Every fact on this page links to its source, starting with the official bill record.