Summary of Recent Bills Pending in the Illinois General Assembly Pertaining to Education

Prepared by Bev Johns, August 21, 2024

House Bill 340—Mussman. Amends the Children with Disabilities Article of the School Code. Provides that the notice provided to the parent or guardian prior to the meeting pursuant to subsection (g) of Section 14-8.02-eligibility and IEP review shall inform the parent or guardian of the parent or guardian’s right to receive copies of all written material under this subsection c and shall provide the date when the written material will be delivered or made available to the parent or guardian. Passed both Houses. Signed by the Governor 7-22-24. Public Act 103-0652

House Bill 4175—Croke and Stewart.  Provides that school personnel of any school district, charter school, or nonpublic elementary or secondary school may not engage in corporal punishment of a student, inflict corporal punishment upon a student, or cause corporal punishment to be inflicted upon a student. In provisions concerning the maintenance of discipline, provides that a policy on discipline shall provide that a teacher and others may only use reasonable force as permitted under provisions concerning time out, isolated time out, restraint, and necessities (instead of may use reasonable force as needed to maintain safety for the other students, school personnel, or persons or for the purpose of self-defense or the defense of property). Provides that the policy shall prohibit the use of corporal punishment in all circumstances (instead of the policy shall not include slapping, paddling, or prolonged maintenance of students in physically painful positions nor shall it include the intentional infliction of bodily harm).Makes conforming changes. Passed both Houses. Signed by the Governor 8-9-2024. Public Act 103-0806

House Bill 4219—Rohr. Amends the School Code and the Critical Health Problems and Comprehensive Health Education Act. Removes provisions concerning fentanyl education from the School Code. Provides that the Comprehensive Health Education Program shall include disaster preparedness (instead of survival) and the use and abuse of fentanyl. Makes a change concerning the instruction on mental health and illness. Provides that the curricula on alcohol and drug use and abuse shall be age and developmentally appropriate and may include the information contained in the Substance Use Prevention and Recovery Instruction Resource Guide, as applicable, and makes a change concerning the development and availability of instructional materials and guidelines. Provides that the Program shall include instruction, study and discussion on the dangers of fentanyl in grades 6 through 12. Sets forth requirements concerning the instruction, study, and discussion, including requiring that students in grades 9 through 12 be assessed. Provides that the instruction, study and discussion may be taught by a licensed educator, school nurse, or school counselor. Provides that a school social worker or law enforcement officer may teach the instruction, study, and discussion on the dangers of fentanyl. Passed both Houses. Signed by the Governor 8-9-2024. Public Act 103-0810.

House Bill 4581—Mussman. Amends the Children with Disabilities Article of the School Code. Provides that if a student who is 18 years of age or older with no legal guardian is placed residentially outside of the school district in which the student’s parent lives and the placement is funded by a State agency or through private insurance, then the resident district is the school district in which the parent lives. Effective immediately. Passed both Houses. Signed by the Governor 7-19-24. Public Act 103-0676.

House Bill 4652—B. Hernandez. Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that “salary” includes stipends paid to an eligible cooperating teacher under the Board of Higher Education Act. Authorizes a person to establish optional credit for periods of service as a student teacher under a specified provision of the Board of Higher Education Act. In provisions requiring an additional employer contribution for certain salary increases greater than 6%, provides that the System shall exclude any stipends paid to an eligible cooperating teacher under the Board of Higher Education Act. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of “new benefit increase”. Makes changes concerning how funds are to be distributed under the student teaching stipend program. Provides that the Board of Higher Education shall disburse funds to the state Board of Education, who shall disburse funds to each school district or early childhood education provider employing an eligible cooperating teacher (instead of having the Board of Higher Education disburse funds to educator preparation programs employing an eligible cooperating teacher). Makes related changes. Makes changes concerning when the report shall be completed. Provides that the Board of Higher Education shall provide guidance and technical assistance to educator preparation programs on the administration of the stipend program. Effective Immediately. Senate Assignments.

House Bill 4653—Mussman. Amends the School Code. Makes stylistic changes in provisions concerning institutes or in-service training workshops. In provisions concerning in-service training programs, removes the requirement that the training regarding health conditions of students include the chronic health conditions of students and provides that school district employees who are trained to respond to trauma under the provisions shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct. Provides that training regarding the implementation of trauma-informed practices under the provisions concerning institutes or in-service training workshops satisfies the requirements under the provisions concerning in-service training programs. Removes certain provisions that require a school board to conduct in-service training for all school district employees on the methods to respond to trauma. Makes technical changes having a revisory function. Effective January 1, 2025. Passed both Houses. Signed by the Governor 7-1-24. Public Act 103-0603.

House Bill 4768—Guzzardi. Creates the Landlord Retaliation Act. Provides that the tenant may file an action seeking a recovery of an amount equal to and not more than 2 months’ rent or 2 times the damages sustained by the tenant, whichever is greater, and reasonable attorney’s fees. Deletes punitive damages as a remedy for the tenant for a violation of this Act. Provides that an action is not retaliatory if the landlord can prove (i) a legitimate, non-retaliatory basis for the action; or (ii) the landlord began the action before the tenant engaged in the protected activity. Provides that the rebuttable presumption does not arise if the protected tenant activity was initiated after the alleged act of retaliation. Passed both Houses. Signed by the Governor 8-9-2024. Public Act 103-0831

House Bill 4902—Dias. Amends the State Board of Education Article of the School Code. In provisions concerning State interventions, provides that the support provided by a vendor or learning partner approved to support a school’s continuous improvement plan related to English language arts must be based on the comprehensive literacy plan for the State developed by the State Board of Education. Passed both Houses. Signed by the Governor 8-2-2024. Public Act 103-0735.

House Bill 4959—Gabel. HB 4959 is  the Budget Implementation Act. includes an extension of the “subject shortage area return to work” statute. This provision is extended through June 30, 2027. This is the legislation that allows retired teachers to return to work for the entire year, as opposed to 120 days, in areas that have been declared to experience a shortage of teachers in established subject shortage areas. HB 4959 also includes enhancements to the TRIP/TRAIL benefits by providing vision and dental benefits consistent with other retiree healthcare benefits offered by the Department of Central Management Services (CMS). This legislative change is the first step in obtaining low-cost dental and vision benefits from the State. The final change under the BIMP (HB 4959), which came up very late, was the inclusion of SB 2739. This change allows the Comptroller to prepay TRS ahead of the month when the payment is owed. Signed by the Governor 6-5-24. Public Act 103-0588.

House Bill 5057—Scherer. Amends the Educator Licensure Article of the School Code. Removes the restriction providing that no candidate may be allowed to student teach or serve as the teacher of record until the candidate has passed the applicable content area test. Provides that the Teacher Performance Assessment Task Force shall report to the State Board of Education and the General Assembly on or before October 31, 2024 (rather than August 1, 2024). Provides that the State Board of Education’s rules for scoring the content area knowledge test may include scoring and retaking of each test section separately and independently. Effective Immediately.  Passed both Houses. Sent to Governor 6-26-24.

House Bill 5184—Davidsmeyer. Amends the Courses of Study Article of the School Code. In provisions concerning bullying prevention, provides that “policy on bullying” means a bullying prevention policy that is age and developmentally appropriate. Effective July 1, 2024.  Senate Third Reading.

House Bill 5250—Ammons. Provides that by no later than the beginning of the 2027-2028 school year, a school district’s accelerated placement policy shall allow for automatic eligibility (instead of provide the option), in the following school term, for a student to enroll in the next most rigorous level of advanced coursework offered by the high school if the student meets State standards in English language arts, mathematics, or science on a State assessment. Provides that a school district’s accelerated placement policy must include a process through which the parent or guardian of each student who meets State standards is provided notification in writing of the student’s eligibility for enrollment in accelerated courses. Sets forth what the notification must provide. Provides that nothing in the provisions concerning accelerated placement shall prohibit the implementation of policies that allow for automatic enrollment of students who meet standards on State assessments into the next most rigorous level of advanced coursework offered by a high school. Passed both Houses. Signed by the Governor 8-2-24. Public Act 103-0743.

House Bill 5276—Amends the Children with Disabilities Article of the School Code. In provisions concerning transition services, provides that the student’s transition plan shall include consideration of the assistive technology needs, such as assistive technology evaluations, devices, and services related to the student’s transition goals for employment, education or training, and independent living, both while the student is participating in transition-related activities and in post-school activities. Provides that the student’s transition plan shall also include consideration of the availability and accessibility of appropriate assistive technology devices and services for the student once in the post-school environment. Effective Immediately. Passed both Houses. Signed by the Governor 8-9-2024. Public Act 103-0854.

SENATE BILLS

Senate Bill 458—Amendment 1—Harmon. Make changes to provisions of physical restraint. Deadline extended to May 17, 2024.

Senate Bill 1400—Lightford. Amends the School Code. In provisions concerning student discipline policies, provides that the State Board of Education shall draft and publish model policy guidelines for the development of reciprocal reporting systems and school bus safety protocols and for evidence-based early intervention procedures. In provisions concerning the suspension or expulsion of students, makes changes concerning a student’s gross disobedience or misconduct posing an immediate threat to the health or safety of students or school personnel, when school exclusions should be used, the number and duration of expulsions and suspensions, the implementation of proactive evidence-based interventions that improve behavioral outcomes for all students, non-exclusionary discipline, out-of-school suspensions of 3 days or less, model policy guidelines for the reengagement of students, professional development, and the removal of children with disabilities who violate the student discipline policies from their current placement. Makes other changes.

Senate Committee Amendment No. 3 Replaces everything after the enacting clause. Reinserts the contents of the bill as introduced with the following changes. Restores current law with respect to annually reviewing discipline policies. Requires the State Board of Education to consult with stakeholders in its drafted and published guidance, and requires the guidance to be drafted and published on or before July 1, 2025. Changes certain references from “early intervention”  to “intervention”. Makes changes concerning suspensions, school exclusions, and disciplinary removals to alternative schools. Effective Immediately.  Passed both Houses. Signed by the Governor 8-9-2024. Public Act 103-0896.

Senate Bill 3156—Johnson.  Makes changes concerning the data on teacher experience and education for a teacher who teaches a combination of courses.  Makes changes to provision concerning school counseling services and the reporting of firearms and drug-related incidents in schools. Makes changes regarding the membership of the Gender Equity Advisory Committee. Further amends the School Code. In provisions concerning  the Expanded High School Snapshot Report, changes the name of the report to the Expanded High School Coursework Snapshot Report, specifies that the report shall cover public high schools, and makes changes concerning when the report shall be prepared and what the report shall include. Allows intermediate service centers to claim evidence-based funding for students enrolled in truants’ alternative and optional education programs. Provides that a regional office of education or intermediate service center that operates an alternative school program or an entity that operates an alternative learning opportunities program is entitled to evidence-based funding. Makes related changes, including removing an alternative school, safe school, and alternative learning opportunities program from the definition of “Specially Funded Unit” in the provisions concerning the evidence-based funding formula and providing for a Base Funding Minimum.

House Floor Amendment#2. Replaces everything after the enacting clause. Reinserts the contents of the bill as engrossed with the following changes. Removes changes concerning alternative school programs. Makes changes to the definitions of “local capacity percentage” and “low-income count”. Effective Immediately.

House Floor Amendment #3. Provides that the Teacher Performance Assessment Task Force shall report to the State Board of Education and the General Assembly by October 31, 2024 (rather than August 1, 2024). Effective Immediately. Passed both Houses. Signed by the Governor 8-2-2024. Public Act 103-0780.

Senate Bill 3164—Edly-Allen. Amends the School Code. In provisions concerning restrictions on prekindergarten through grade 2 assessments, provides that the term “diagnostic and screening purposes” includes to determine eligibility for advanced academic programs, as defined in the Gifted and Talented Children and Children Eligible for Accelerated Placement Article of the Code. Effective Immediately. Passed both Houses. Signed by the Governor 8-9-2024. Public Act 103-0946  

Senate Bill 3467—Villivalam. Further amends the Illinois Speech-Language Pathology and Audiology Practice Act. Specifies that the Act does not prohibit: (i) the performance of speech-language pathology assistant services by graduates who have obtained specified degrees or (ii) the performance of any speech-language pathology service by a speech-language pathology assistant or candidate for licensure as a speech-language pathology assistant (rather than only a speech-language pathology assistant), if such service is performed under the supervision and full responsibility of a licensed speech-language pathologist. Provides that a candidate for speech-language pathology assistant licensure may perform only specified services. Makes changes in provisions concerning the qualifications of speech-language pathology assistants and the curriculum requirements for speech-language pathology assistant programs.

House Floor Amendment #1. Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. makes changes in provisions concerning the educational qualifications of speech-language pathology assistants. Effective January 1, 2025. Passed both Houses. Signed by the Governor 8-9-2024. Public Act 103-1004.

Senate Bill 3473—Sims. Amends the School Code. Provides that the State Board of Education, in coordination with the Department of Public Health, shall develop type 1 diabetes informational materials for parents and guardians of students. Provides that the informational materials shall be made available to each school district and charter school on the State Board’s website. Provides that the school board of a school district and the governing body of a charter school shall make the informational materials accessible to a parent or guardian when the student is first enrolled in elementary school or in a school’s student handbook on and after July 1, 2024. Sets forth what the provided information may include. Effective Immediately. Passed both Houses. Signed by the Governor 7-1-24. Public Act 103-641.

Senate Bill 3606—Cappel and Harmon. Amends the Children with Disabilities Article of the School Code. Provides that the term “special educational facilities and services” includes private special schools (instead of special schools) and separate public special education day schools. Provides that if a child has been places in a separate public special education day school, a school district making tuition payments in excess of $4,500 shall be responsible for an amount in excess of $4,500 equal to 2 times the district’s per capita tuition charge and shall be eligible for reimbursement from the State for the amount of such payments actually made in excess of 2 times the district’s per capita tuition charge for students not receiving special education services. Requires a certification and finding to be made for reimbursement of a school district of the amount paid for tuition of a child attending a public special education facility. Provides that the Illinois Purchased Care Review Board shall include additional, non-voting members. Provides that the Illinois Purchased Care Review Board shall establish rules and regulations for its determination of allowable costs and payments made by school districts for services provided by separate public special education day schools. Provides that the Illinois Purchased Care Review Board shall review the costs for special education and related services provided by separate public special education day schools. Provides that provisions concerning tuition payments and reimbursement apply to a private special education school, separate public special education day school, or private special education facility (instead of a separate public special education day school). Provides for State Board of Education rulemaking. Adds a July 1, 2024 effective date. Passed both Houses. Signed by the Governor 7-1-24. Public Act 103-0644.

Senate Bill 3768—Hilton and Joyce. Changes references of “deaf-blind ” to “deafblind”. Provides that the Philip J. Rock Center and School shall service eligible students between the ages of 3 and 21, unless the student’s 22nd birthday occurs during the school year, (instead of providing that the School serves eligible children between the ages of 3 and 22). Removes the requirement that, in accordance with a student’s individualized education program, the Philip J. Rock Center and School make every attempt to provide a free appropriate public education pursuant to the federal Individuals with Disabilities Education Act of 2001 to a student placed in its residential educational facility either in its own program or within a local school district program that is appropriate to the child and contracted for by the Philip J. Rock Center and School. Makes typographical and grammatical corrections. Provides that priority of services shall be given to students referred to the Philip J. Rock Center and School who qualify as individuals with concomitant hearing and visual impairments or who are eligible for special education services under the category of deafblind. Provides that such a student may not be denied enrollment unless the student’s placement in the Center and School would endanger the health or safety of any other student. Signed by the Governor 8-9-2024. Public Act 103-1045.

SJR 49—Lightford. Directs the Professional Review Panel and the Illinois State Board of Education to conduct the analysis and financial modeling required to evaluate the implications of implementing the recommended maximum caseloads for school social workers, school psychologists, school counselors, school nurses, and speech-language pathologists working in schools. Requests the Professional Review Panel and the Illinois State Board of Education to submit their findings in a written report to the General Assembly and Governor by December 31, 2025. Adopted both Houses.