ILLINOIS STATE BOARD OF EDUCATION 100 N. First St. Springfield, IL This meeting will also be audio cast on the Internet at:

Transcription

1 I. Roll Call/Pledge of Allegiance II. III. IV. ILLINOIS 100 N. First St. Springfield, IL This meeting will also be audio cast on the Internet at: October 21, :30 a.m. A. Consideration of and Possible Actions on Any Requests for Participation in Meeting by Other Mean Public Participation Resolutions & Recognition A. Year of the Volunteer Recognition Superintendent s Report - Consent Agenda All action consideration items listed with an asterisk (*) are considered to be routine and will be enacted in one motion and vote. Any board member who wishes separate discussion on any item listed on the consent agenda may remove that item from the consent agenda, in which event, the item will be considered in its normal sequence. A. *Approval of Minutes 1. Plenary Minutes: September 16-17, 2015 pp. 3-9 B. *Rules for Initial Review 1. Part 1 (Public Schools Evaluation, Recognition and Supervision) Responds to two public acts: The first adds opioid antagonist to the medications that can be administered in an emergency situation by school nurses and other trained personnel (P.A , effective September 9, 2015) and the other creates the educator license with stipulations endorsed for chief school business official (P.A , effective July 16, 2015). pp Part 425 (Voluntary Registration and Recognition of Nonpublic Schools) Responds to two public acts regarding the use of undesignated epinephrine auto-injectors and opioid antagonists, and concussion policies (P.A , effective September 9, 2015, and P.A , effective August 3, 2015, respectively). pp Part 525 (Regional Offices of Education and Intermediate services) Aligns the rule to P.A , effective July 10, 2015, which eliminated a requirement for the 10 smallest ROEs to work with a larger office in the delivery of services and program authorized under Section of the School Code. pp C. *Rules for Adoption 1. Part 226 (Special Education) Makes numerous changes in response to recently enacted legislation, and includes other technical updates and clarifications. pp D. *Contracts & Grants Over $1 Million 1. Early Childhood Block Grant One Year Extension pp Request to Release RFSP Illinois Data First pp Request to Release RFSP Early Childhood Program Analysts pp End of Consent Agenda V. Discussion Items A. Budget Update B. Audit Update pp C. Legislative Update E. Other Items for Discussion Plenary Packet - Page 1

2 VI. Announcements & Reports A. Superintendent s/senior Staff Announcements 1. Quality School Options Grant Award 2. Discussion of State Charter School Commission 3. Update to the Board s Mission and Vision B. Chairman s Report C. Member Reports VII. Information Items A. ISBE Fiscal & Administrative Monthly Reports (available online at VIII. Closed Session IX. Educational Mandate Relief X. Adjourn This meeting will be accessible to persons with disabilities. Persons planning to attend who need special accommodations should contact the Board office no later than the date prior to the meeting. Contact the Superintendent's office at the State Board of Education. Phone: ; TTY/TDD: ; Fax: NOTE: Chairman Meeks may call for a break in the meeting as necessary in order for the Board to go into closed session. The Budget Hearing will begin at the conclusion of the Board Meeting. Plenary Packet - Page 2

3 DRAFT Pending Board Approval Illinois State Board of Education MINUTES Annual Retreat and Board Meeting September 16-17, 2014 ISBE 100 North First St. Springfield, IL Wednesday, September 16, 2015 ROLL-CALL Chairman Meeks called the meeting to order at 10:34 a.m., followed by roll call and the recitation of the Pledge of Allegiance. Board Members Present James Meeks, Chairman Steven Gilford, Vice Chairman Melinda LaBarre, Secretary Curt Bradshaw John Sanders Eligio Pimentel Craig Lindvahl Lula Ford Senior Staff Present Superintendent Tony Smith Karen Corken Melissa Oller Robert Wolfe Stephanie Donovan Anwar Johnson Chairman Meeks welcomed Regional Superintendents Leslie Schermerhorn, ROE #44 and Jane Quinlan, ROE #9. PARCC & DLM-AA THRESHOLD SCORES Superintendent Smith briefly updated the Board on the threshold scores for PARCC and DLM-AA. Angela Chamness, Division Administrator for Assessment and Accountability, gave a presentation regarding the process of evaluation and how the threshold scores were developed by the PARCC Governing Board. The Board discussed their concerns and questions regarding the process and data in regards to students and parents. Mr. Sanders moved that the State Board of Education hereby authorize the State Superintendent to adopt the PARCC threshold/scores approved by the PARCC Governing Board. Mr. Lindvahl seconded this motion and it passed with a unanimous voice vote. Mr. Lindvahl moved that the State Board of Education hereby authorize the State Superintendent to adopt the DLM-AA threshold/scores approved by the DLM consortium. Ms. LaBarre seconded the motion and it passed with a unanimous voice vote. STREAMLINGING OF BOARD PROCEDURES REGARDING GRANT AND CONTRACT POSTING AND AWARDING Mr. Robert Wolfe, Chief Financial Officer for ISBE, gave a presentation regarding streamlining procedures for grant and contract posting and awarding. He presented an overview on contract and procurement methods and provided a procurement method summary and welcomed any questions. There was discussion among the Board. Mr. Bradshaw moved that the State Board of Education hereby adopt a procedure in which the Board will simultaneously consider and approve or deny the release and award of a contract or grant potentially resulting in an award of more than $1 million unless a Board member specifically requests the contract or grant and the award be handled separately. Mr. Pimentel seconded the motion and it passed with a unanimous voice vote. Plenary Packet - Page 3

4 BREAK FOR LUNCH/ RECONVENE ROLES, RESPONSIBILITIES AND GOALS OF THE BOARD LEGISLATIVE AGENDA FOR 2015 VETO SESSION AND 2016 SESSION Chairman Meeks announced that the Board would break for lunch at 12:45 p.m. The Board reconvened the open session at 1:37 p.m. Superintendent Smith introduced Jeremy Anderson, President of Education Commission of the States. Mr. Anderson shared the importance of having long-term goals and priorities for the Board. Mr. Anderson shared a state profile of Illinois prepared by ECS measuring college readiness. There was discussion amongst the Board regarding the budget formula in Illinois compared to other states. Mr. Anderson provided information from Kentucky and Massachusetts school funding reform work. The Board also discussed the concept of districts of innovation and what that could look like in Illinois. Superintendent Smith briefly discussed legislative items that may be addressed during the Fall Veto session. He also discussed possible legislation for the upcoming 2016 Spring legislative session. Mr. Wolfe was asked to explain the Funding Reform and Mandate Relief initiative. There was discussion amongst the Board regarding this and the other proposals. Mr. Sanders moved that the State Board of Education hereby authorize the following legislative proposals to move forward as agency initiated proposals for the Spring 2016 legislative session: District Innovation Legislation Funding Reform and Mandate Relief Support Article 7 Re-write Student Growth Changes Obsolete and Duplicative Legislation EDUCATION FUNDING DISCUSSION CHANGE TO ISBE STRATEGIC PLAN: GOAL #1 Ms. Ford seconded the motion and it passed with a unanimous voice vote. Superintendent Smith discussed the current education funding formula. Mr. Anderson gave his input regarding the funding formula in comparison with other states. Superintendent Smith proposed that the Board amend Goal #1 in the Illinois State Board of Education Strategic Plan in order to prioritize the needs of students. Dr. Smith expressed his desire that every student should attend a school system that helps them exceed expectations and become college and career ready. Superintendent Smith led a discussion with the Board regarding a universal goal of how to engage students into striving for academic achievement and being prepared for success. He informed the Board that the measurements in this amendment come from Superintendents in the schools districts. Mr. Pimentel moved that the State Board of Education hereby amends the Illinois State Board of Education Goal No. 1 as follows: Every child in each public school system in the sate of Illinois deserves to attend a system wherein 1. All Kindergarteners are assessed for readiness % or more 3 rd grade students are reading at or above grade level % or more 5 th grade students meet or exceed expectations in mathematics 4. 90% or more students are on track to graduate with their cohort at the end of 9 th grade % or more students graduate from high school ready for college or career. Mr. Lindvahl seconded this motion and it passed with a unanimous voice vote. RECESS MEETING Chairman Meeks announced that the Retreat would recess until the next morning at 8:30 a.m. Plenary Packet - Page 4

5 RECONVENE/ ROLL CALL Thursday, September 17, 2015 Board Members Present James Meeks, Chairman Steven Gilford, Vice Chairman Melinda LaBarre, Secretary Curt Bradshaw John Sanders Eligio Pimentel Craig Lindvahl Lula Ford Senior Staff Present Superintendent Tony Smith Karen Corken Melissa Oller Robert Wolfe Stephanie Donovan Anwar Johnson PUBLIC PARTICIPATION Mr. James Meeks, Chairman, reconvened the Board for the plenary session at 8:34 a.m., followed by roll call and the recitation of the Pledge of Allegiance. Dr. Tony Smith, State Superintendent of Education, was also in attendance. Superintendent Jerry O Shea of Marquardt School District 15 spoke to the Board regarding the Board s denial of the district s petition requesting to modify language in the School Code regarding transitional bilingual education. Veronica Cortez, staff attorney for Mexican American Legal Defense and Educational Fund (MALDEF, spoke to the Board regarding MALDEF s concerns regarding Marquardt School District s waiver request and the district s practices. YEAR OF THE VOLUNTEER RESOLUTIONS & RECOGNITION Mark Bishop from Healthy Schools Campaign updated the Board on the recommendations from the Stakeholder and Expert Task Force on Physical Education Mr. Bishop spoke of his support of school nutrition, the menu planning software for schools and professional development. Curt Bradshaw recognized Jay and Kristina Dean as part of the Year of the Volunteer. Ms. LaBarre read the resolution honoring Susie Morrison for her many years in education. The Board expressed their gratitude for her time spent at ISBE.Ms. LaBarre moved that the Illinois State Board of Education adopt the resolution. Mr. Lindvahl seconded the motion and it passed with a unanimous voice vote. Decision on Ratification of ISBE-IFSOE Collective Bargaining Agreement Stephanie Donovan, ISBE General Counsel, described the collective bargaining agreement between ISBE and IFSOE and informed the Board that the agreement has been ratified by the voting members of the union. Chief Financial Officer Robert Wolfe provided financial information around the agreement. Mr. Gilford moved that the State Board of Education hereby ratify the tentative agreement with the Illinois Federation of State Office Educators, Local 32326, IFT-AFT, AFL-CIO that has already been ratified by the union. Ms. LaBarre seconded the motion and it was passed with a unanimous voice vote. CONSENT AGENDA Motion: Ms. Ford moved that the State Board of Education hereby approves the consent agenda as presented. Mr. Pimentel seconded the motion and it passed with a roll call vote. The following motions were approved by action taken in the consent agenda motion. Approval of Minutes The State Board of Education hereby approves the minutes for the August 19, 2015 Board meeting. Plenary Packet - Page 5

6 Rules for Initial Review Part 1 (Public Schools Evaluation, Recognition and Supervision) The rulemaking includes proposed revisions to the Illinois Learning Standards for Social Science, starting in the school year. Changes also are proposed in response to several public acts to identify the assessment to be used for physical fitness, per P.A , effective August 4, 2014; address changes in requirements for the chief school business official endorsement (P.A , effective July 16, 2015); and update health requirements to include mention of concussion policies and procedures (P.A , effective August 3, 2015). The State Board of Education hereby authorizes solicitation of public comment on the proposed amendments for Public Schools Evaluation, Recognition and Supervision (23 Illinois Administrative Code 1), including publication of the proposed amendments in the Illinois Register. Part 25 (Educator Licensure) The rulemaking makes numerous updates in response to recently enacted legislation that address requirements for certain educator licenses, alternative educator programs, and renewal, as well as provides other updates and clarifications. The State Board of Education hereby authorizes solicitation of public comment on the proposed amendments for Educator Licensure (23 Illinois Administrative Code 25), including publication of the proposed amendments in the Illinois Register. Part 30 (Programs for the Preparation of Principals in Illinois) In response to P.A , effective July 16, 2015, the rulemaking eliminates a requirement for a principal preparation program offered by a not-for-profit entity to receive approval of its program from the Illinois Board of Higher Education, as well as the State Board of Education. The State Board of Education hereby authorizes solicitation of public comment on the proposed amendments for Programs for the Preparation of Principals in Illinois (23 Illinois Administrative Code 30), including publication of the proposed amendments in the Illinois Register. Part 180 (Health/Life Safety Code for Public Schools) Proposed changes incorporate the 2015 International Building Code, beginning July 1, 2016, as the standards applicable to public schools, including charter schools, located outside of the geographic boundaries of the City of Chicago; responds to P.A , effective January 1, 2012, and P.A , effective January 1, 2015, regarding press boxes and storm shelters, respectively; and makes numerous other technical changes. The rulemaking was amended to remove Section , including the proposed removal of the introduction to subsection (d) and removal of subsection (d)(2) from the rulemaking. The State Board of Education hereby authorizes solicitation of public comment on the proposed rulemaking, as amended, for Health/Life Safety Code for Public Schools (23 Illinois Administrative Code 180), including publication of the proposed amendments in the Illinois Register. Part 260 (Reading Improvement Program) and Part 675 (Providers of Supplemental Educational Services) Both Parts are being amended to update references to the State assessment system, per P.A , effective August 15, 2014, and incorporate into the rules the most recent version of the American Educational Research Association s standards for educational and psychological testing. The State Board of Education hereby authorizes solicitation of public comment on the proposed amendments for Reading Improvement Program (23 Illinois Administrative Code 260) and Providers of Supplemental Educational Services (23 Illinois Administrative Code 675), including publication of the proposed amendments in the Illinois Register. Plenary Packet - Page 6

7 Rules for Adoption Part 401 (Special Education Facilities under Section of the School Code) Changes in Part 401 update terminology to reflect the educator licensure system, correct the citation to the new State assessments, and allow for alternative proof of a fire inspection in instances when an applicant for approval is unable to obtain a report from the Illinois State Fire Marshal that is no older than 24 months from the date of the application's approval. The State Board of Education hereby adopts the proposed rulemaking for Special Education Facilities under Section of the School Code (23 Illinois Administrative Code 401). Further, the Board authorizes the State Superintendent of Education to make such technical and nonsubstantive changes as the State Superintendent may deem necessary in response to suggestions or objections of the Joint Committee on Administrative Rules. Contracts and Grants Over $1 Million Grant with Illinois State University for the National Board The Center for Educator Effectiveness requests the Board to authorize the State Superintendent to award a discretionary grant to Illinois State University (ISU) for $1,000,000 for FY 16. Awarding this grant will enable ISU to serve as the fiscal agent for the Illinois Teaching Excellence Program. The Illinois Teaching Excellence Program requirements found in 105 ILCS 5/21B-70 will be administered by the National Board Resource Center at Illinois State University. The Illinois Teaching Excellence program provides monetary supports to teachers seeking National Board Teacher Certification and incentives to teachers who are already National Board Certified Teachers for mentoring services, and it also allows funding for instructional leadership training. The State Board of Education hereby authorizes the State Superintendent to award a grant to Illinois State University for $1,000,000 through June 30, 2016, to serve as the fiscal agent for The Illinois Teaching Excellence Program. New Intergovernmental Agreement with University of Illinois Cooperative Extension/Child Nutrition Programs Partnership The Nutrition and Wellness Program Division requests the Board to authorize the State Superintendent to enter into an intergovernmental agreement (IGA) in excess of $1 million with the University of Illinois Cooperative Extension to develop a statewide training structure to provide Child Nutrition Programs training and technical assistance. The total award will not exceed $1.5 million for one year or a maximum of $4.5 million over a threeyear period. The State Board of Education hereby authorizes the State Superintendent to enter into an intergovernmental agreement with the University of Illinois Cooperative Extension for the initial period beginning October 1, 2015, through September 30, 2018, for a maximum total not to exceed $4,500,000 in order to develop a statewide training structure to provide Child Nutrition Programs training and technical assistance. 1003(G) School Improvement Grants The Division of System of Support and District Intervention requests the Board to authorize the State Superintendent to enter into respective grant agreements for the provision of School Improvement Grants 1003(g) (SIG) for Sustainability. The State Board of Education hereby authorizes the State Superintendent to enter into a new Grant Agreement with grantees in the amount of $3,500,000 effective September 1, 2015, through August 31, 2016 for transfer of funds for School Improvement Grant 1003 (g). Fall 2015 Waiver Report The purpose of the agenda item is to inform the Board about requests for waivers and modifications received since the last report in February 2015, and to secure approval of the Fall 2015 Waiver Report for submission to the General Assembly before October 1, as required by law. Plenary Packet - Page 7

8 The State Board of Education hereby forwards the 67 waiver requests summarized in the Fall 2015 Waiver Report to the General Assembly without comment. APPOINTMENTS TO THE STATE CHARTER SCHOOL COMMISSION Mr. Pimentel moved that the State Board of Education has reviewed the slate of candidates provided by the Governor s Office pursuant to Article 27A-7.5(c), 7.5(d) and 7.5(f). Based upon the information provided, and in accordance with the statute, the State Board hereby approves the following recommended appointments to the State Charter School Commission: Catherine E. Rich Richard Van Evera Aneesh Sohoni Troy Ratliff Ms. LaBarre seconded the motion and it passed with a unanimous voice vote. Chairman Meeks expressed his interest in working more closely with the State Charter School Commission and inviting the Commission to present at a Board meeting. DISTRICT OVERSIGHT BUDGET UPDATE ANNOUNCEMENTS AND UPDATES Superintendent Smith invited Mr. Robert Wolfe to give an update on the East St. Louis and North Chicago financial oversight. Mr. Wolfe reported to the Board that both school districts have seen significant gain in enrollment in the early childhood programs. He gave a brief update on K-12 enrollment for both districts. Mr. Robert Wolfe, Chief Financial Officer gave an update on General State Aid funding. He reported that the information has been posted online. Mr. Wolfe also briefly discussed the state budget and obligating state contracts. Superintendent Smith welcomed Karen Corken, First Deputy Superintendent of Schools. He briefly described Karen s professional background and expressed his delight in having her aboard at the agency. Stephanie Donovan, General Counsel and Julia Oltmans, First Deputy General Counsel, informed the Board about an internal task force they have formed to investigate and handle educator misconduct cases. Ms. Oltmans briefly explained an overview of the processes of investigating cases of educator misconduct. Ms. Donovan briefly discussed policies regarding rulemaking in districts as well as the expectations of the Governor in regards to the administrating rulemaking process. She went on to share her desire to streamline processes and requirements coming from the agency to the field. CHAIRMAN S REPORTS CLOSED SESSION Chairman Meeks briefly discussed the importance of the amendment to Goal #1 that the Board passed earlier in the day. Mr. Lindvahl moved that the Board enter into closed session under the exceptions set forth in the Open Meetings Act of the State of Illinois as follows: Section c (1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body. Section c (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probably or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Section c (21) for the purpose of discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section He further moved that the Board may invite anyone they wish to be included in this closed session. Plenary Packet - Page 8

9 Mr. Bradshaw seconded that motion and The Board entered into closed session at 10:26 a.m. and reconvened from closed session at 11:16 a.m. APPROVAL OF CLOSED SESSION MINUTES Mr. Gilford moved Pursuant to Section 2.06(d) of the Open Meetings Act, the State Board of Education has reviewed the minutes of its closed sessions for March 18, 2015, April 2, 2015, April 15, 2015, May 14, 2015, June 17, 2015 and August 19, Mr. Gilford also moved that the State Board of Education certifies that the need for confidentiality still exists for the closed session minutes for the time period reviewed. Further, the State Board of Education approves the destruction of all closed session verbatim recordings from March 2014 and prior. Ms. LaBarre seconded the motion and it passed with a previous unanimous voice vote. INFORMATION ITEMS Chairman Meeks announced that the Monthly Fiscal and Administrative Reports are now available on line at MOTION FOR ADJOURNMENT Mr. Sanders moved that the meeting be adjourned. Mr. Lindvahl seconded the motion and it passed with a unanimous voice vote. The meeting adjourned at 11:17 a.m. Respectfully Submitted, Ms. Melinda LaBarre Board Secretary Mr. James T. Meeks Chairman Plenary Packet - Page 9

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11 ILLINOIS MEETING October 21, 2015 TO: FROM: Agenda Topic: Materials: Staff Contacts: Illinois State Board of Education Tony Smith, Ph.D., State Superintendent of Education Stephanie Donovan, General Counsel Proposed Amendments for Initial Review: Part 1 (Public Schools Evaluation, Recognition and Supervision) Recommended Rules Jason Helfer, Assistant Superintendent, Educator Effectiveness David Andel, Division Administrator, Special Education Services Purpose of Agenda Item The purpose of the agenda item is to present the proposed amendments for the Board s initial review. Relationship to/implications for the State Board s Strategic Plan This rulemaking does not align to any of the Board's Strategic Goals, as the proposed changes respond to recently enacted legislation. Expected Outcome of Agenda Item The Board will be asked to adopt a motion authorizing solicitation of public comment on the proposed amendments. Background Information P.A , effective August 24, 2015, authorizes (but does not require) the administration of opioid antagonist by school nurses (as that term is defined in Section 22-30) or trained personnel to "any person (who) the school nurse or trained personnel in good faith believes is having an opioid overdose". Since many of the requirements for the administration of opioid antagonists are similar to those for use of undesignated epinephrine auto-injectors, Section will be updated to reference opioid antagonists and address differences in type of training school nurses or other personnel administering the drug will receive. Analysis and Implications for Policy, Budget, Legislative Action and Communications Policy Implications: Please see "Background" above. Budget Implications: None. Legislative Action: None. Communication: Please see Next Steps below. Pros and Cons of Various Actions The proposed changes align the rules to recently enacted statutory changes and incorporate agency policy and practices, as is required under the Illinois Administrative Procedure Act (IAPA). Plenary Packet - Page 10

12 Not proceeding with the rulemaking will cause the agency's rules to be in conflict with certain provisions of the School Code and the IAPA, which requires that the policies of state agencies be set forth in administrative rules. Superintendent s Recommendation The State Superintendent recommends that the State Board of Education adopt the following motion: The State Board of Education hereby authorizes solicitation of public comment on the proposed rulemakings for: Public Schools Evaluation, Recognition and Supervision (23 Illinois Administrative Code 1), including publication of the proposed amendments in the Illinois Register. Next Steps With the Board s authorization, staff will submit the proposed amendments to the Administrative Code Division for publication in the Illinois Register to elicit public comment. Additional means, such as the Superintendent s Weekly Message and the agency s website, will be used to inform interested parties of the opportunity to comment on this rulemaking. Plenary Packet - Page 11

13 NOTICE OF PROPOSED AMENDMENTS TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: SUBCHAPTER a: PUBLIC SCHOOL RECOGNITION PART 1 PUBLIC SCHOOLS EVALUATION, RECOGNITION AND SUPERVISION Section 1.10 Public School Accountability Framework 1.20 Operational Requirements 1.30 State Assessment 1.40 Adequate Yearly Progress 1.50 Calculation of Participation Rate 1.60 Subgroups of Students; Inclusion of Relevant Scores 1.70 Additional Indicators for Adequate Yearly Progress 1.75 Student Information System 1.77 Educator Licensure Information System (ELIS) 1.80 Academic Early Warning and Watch Status 1.85 School and District Improvement Plans; Restructuring Plans 1.88 Additional Accountability Requirements for Districts Serving Students of Limited English Proficiency under Title III 1.90 System of Rewards and Recognition The Illinois Honor Roll 1.95 Appeals Procedure 1.97 Survey of Learning Conditions Waiver and Modification of State Board Rules and School Code Mandates Appeal Process under Section of the School Code SUBPART B: SCHOOL GOVERNANCE Section Approval of Providers of Training for School Board Members under Section 10-16a of the School Code Duties of Superintendent (Repealed) Board of Education and the School Code (Repealed) Equal Opportunities for all Students Temporary Exclusion for Failure to Meet Minimum Academic or Attendance Standards Waiver of School Fees District to Comply with 23 Ill. Adm. Code 180 (Repealed) Commemorative Holidays to be Observed by Public Schools (Repealed) Plenary Packet - Page 12

14 NOTICE OF PROPOSED AMENDMENTS Book and Material Selection (Repealed) Discipline Requirements for the Use of Isolated Time Out and Physical Restraint Absenteeism and Truancy Policies SUBPART C: SCHOOL DISTRICT ADMINISTRATION Section Administrative Qualifications and Responsibilities Evaluation of Licensed Educators Toxic Materials Training SUBPART D: THE INSTRUCTIONAL PROGRAM Section Determination of the Instructional Program Basic Standards Additional Criteria for Elementary Schools Additional Criteria for High Schools State Seal of Biliteracy Required Course Substitute Special Programs (Repealed) Credit Earned Through Proficiency Examinations Uniform Annual Consumer Education Proficiency Test (Repealed) Ethnic School Foreign Language Credit and Program Approval Adult and Continuing Education Correctional Institution Educational Programs SUBPART E: SUPPORT SERVICES Section Transportation Training of School Bus Driver Instructors Home and Hospital Instruction Health Services Undesignated Epinephrine Auto-injectors; Opioid Antagonists SUBPART F: STAFF LICENSURE REQUIREMENTS Section Personnel Required to be Qualified Plenary Packet - Page 13

15 NOTICE OF PROPOSED AMENDMENTS Accreditation of Staff (Repealed) Paraprofessionals; Other Unlicensed Personnel Requirements for Different Certificates (Repealed) Transcripts of Credits Records of Professional Personnel SUBPART G: STAFF QUALIFICATIONS Section Requirements for Supervisory and Administrative Staff Requirements for Elementary Teachers Requirements for Teachers of Middle Grades Minimum Requirements for Secondary Teachers and Specified Subject Area Teachers in Grades 6 and Above through June 30, Requirements to Take Effect from July 1, 1991, through June 30, Requirements to Take Effect from July 1, 1994, through June 30, Minimum Requirements for the Assignment of Teachers in Grades 9 through 12 Beginning July 1, Standards for Reading through June 30, Requirements for Reading Teachers and Reading Specialists at all Levels as of July 1, Standards for Media Services through June 30, Requirements for Library Information Specialists Beginning July 1, Standards for School Support Personnel Services Supervision of Speech-Language Pathology Assistants Standards for Special Education Personnel Standards for Teachers in Bilingual Education Programs Requirements for Bilingual Education Teachers in Prekindergarten, Kindergarten and any of Grades Requirements for Teachers of English as a Second Language in Prekindergarten, Kindergarten and any of Grades Requirements for Administrators of Bilingual Education Programs Substitute Teacher 1.APPENDIX A 1.APPENDIX B 1.APPENDIX C 1.APPENDIX D 1.APPENDIX E Professional Staff Educator Licensure Certification Quick Reference Chart (Repealed) Glossary of Terms (Repealed) State Goals for Learning Evaluation Criteria Student Performance and School Improvement Determination (Repealed) Plenary Packet - Page 14

16 NOTICE OF PROPOSED AMENDMENTS 1.APPENDIX F 1.APPENDIX G Criteria for Determination Student Performance and School Improvement (Repealed) Criteria for Determination State Assessment (Repealed) AUTHORITY: Implementing Sections , g, , , , , 10-17a, , a, 14C-8, 21B-5, 22-30, 22-60, 26-13, , , , , , , 27-22, and and authorized by Section of the School Code [105 ILCS 5/2-3.25, g, , , , , 10-17a, , a, 14C-8, 21B-5, 22-30, 22-60, 26-13, , , , , , , 27-22, , and 2-3.6]. SOURCE: Adopted September 21, 1977; codified at 7 Ill. Reg ; amended at 9 Ill. Reg. 8608, effective May 28, 1985; amended at 9 Ill. Reg , effective November 5, 1985; emergency amendment at 10 Ill. Reg , effective August 18, 1986, for a maximum of 150 days; amended at 11 Ill. Reg. 3073, effective February 2, 1987; amended at 12 Ill. Reg. 4800, effective February 26, 1988; amended at 14 Ill. Reg , effective July 24, 1990; amended at 15 Ill. Reg. 2692, effective February 1, 1991; amended at 16 Ill. Reg , effective November 17, 1992; expedited correction at 17 Ill. Reg. 3553, effective November 17, 1992; amended at 18 Ill. Reg. 1171, effective January 10, 1994; emergency amendment at 19 Ill. Reg. 5137, effective March 17, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 6530, effective May 1, 1995; amended at 19 Ill. Reg , effective August 4, 1995; amended at 20 Ill. Reg. 6255, effective April 17, 1996; amended at 20 Ill. Reg , effective November 18, 1996; amended at 22 Ill. Reg , effective December 8, 1998; emergency amendment at 24 Ill. Reg. 6111, effective March 21, 2000, for a maximum of 150 days; amended at 24 Ill. Reg , effective August 14, 2000; amended at 25 Ill. Reg. 8159, effective June 21, 2001; amended at 25 Ill. Reg , effective November 28, 2001; amended at 26 Ill. Reg. 1157, effective January 16, 2002; amended at 26 Ill. Reg , effective October 21, 2002; amended at 28 Ill. Reg. 8486, effective June 1, 2004; emergency amendment at 28 Ill. Reg , effective September 27, 2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1891, effective January 24, 2005; amended at 29 Ill. Reg.11811, effective July 13, 2005; amended at 29 Ill. Reg , effective July 28, 2005; amended at 29 Ill. Reg , effective October 3, 2005; amended at 29 Ill. Reg , effective November 23, 2005; amended at 30 Ill. Reg. 8480, effective April 21, 2006; amended at 30 Ill. Reg , effective September 26, 2006; amended at 30 Ill. Reg , effective October 23, 2006; amended at 31 Ill. Reg. 5116, effective March 16, 2007; amended at 31 Ill. Reg. 7135, effective April 25, 2007; amended at 31 Ill. Reg. 9897, effective June 26, 2007; amended at 32 Ill. Reg , effective June 30, 2008; amended at 33 Ill. Reg. 5448, effective March 24, 2009; amended at 33 Ill. Reg , effective October 20, 2009; amended at 34 Ill. Reg. 2959, effective February 18, 2010; emergency amendment at 34 Ill. Reg. 9533, effective June 24, 2010, for a maximum of 150 days; amended at 34 Ill. Reg , effective October 28, 2010; amended at 35 Ill. Reg. 1056, effective January 3, 2011; amended at 35 Ill. Reg. 2230, effective January 20, 2011; amended at 35 Ill. Reg , effective July 6, 2011; Plenary Packet - Page 15

17 NOTICE OF PROPOSED AMENDMENTS amended at 35 Ill. Reg , effective September 29, 2011; amended at 36 Ill. Reg. 5580, effective March 20, 2012; amended at 36 Ill. Reg. 8303, effective May 21, 2012; amended at 38 Ill. Reg. 6127, effective February 27, 2014; amended at 38 Ill. Reg , effective May 6, 2014; amended at 39 Ill. Reg. 2773, effective February 9, 2015; emergency amendment at 39 Ill. Reg , effective August 20, 2015, for a maximum of 150 days; amended at 39 Ill. Reg., effective September 24, 2015; amended at 40 Ill. Reg., effective. SUBPART E: SUPPORT SERVICES Section Undesignated Epinephrine Auto-injectors; Opioid Antagonists This Section establishes requirements in addition to those set forth at Section of the School Code [105 ILCS 5/22-30] for a school nurse or other trained school personnel to administer an undesignated epinephrine auto-injector or an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction or an opioid overdose, respectively, (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. a) Definitions For the purposes of this Section: 1) "School" shall be understood to mean a school district, public school or nonpublic school, as may be applicable. 2) "School nurse" shall have the meaning prescribed in Section 22-30(a) of the School Code. b) Parental Notification In addition to the provisions of Section 22-30(c) and (c-5) of the School Code, a school that has a standing protocol, as defined in Section of the School Code, to administer undesignated epinephrine auto-injectors shall notify the parents or guardians of each student that the school has instituted the standing protocol and that a student may be administered epinephrine under the circumstances described in Section 22-30(e-5). Plenary Packet - Page 16

18 NOTICE OF PROPOSED AMENDMENTS 1) The school shall provide the notification of the standing protocol to the parents or guardian at the start of each school year or, for students enrolling for the first time, at the time of enrollment. The parent or guardian shall acknowledge the notification by signing it and returning it to the school. 2) A school also shall accept a written request from a parent or guardian stating that his or her student shall not be administered epinephrine under any circumstances. The school shall provide the name of any student whose parent or guardian submits notification under this subsection (b)(2) to the school nurse and to any trained personnel, as defined under Section 22-30(a) of the School Code. c) Standing Protocol 1) A standing protocol for administering undesignated epinephrine autoinjectors or an opioid antagonist, as applicable, shall be provided to the school nurse and trained personnel, as well as kept with or near the undesignated epinephrine auto-injectors or an opioid antagonist, as applicable. 2) The standing protocol shall state the hours of the day, days of the week and the school-sponsored activities during which the undesignated epinephrine auto-injectors or an opioid antagonist, as applicable, will be available. A school is not required to have a school nurse or trained personnel available at all times nor at all school-sponsored activities to administer undesignated epinephrine auto-injectors or an opioid antagonist, as applicable. 3) The standing protocol shall provide that the undesignated epinephrine auto-injectors or an opioid antagonist, as applicable, be stored in and available daily at one or more designated, secure locations. For the purposes of this Section, "secure location" means an unlocked location that is inaccessible to students and/or visually monitored by an adult during the normal school day under routine circumstances. 4) The standing protocol shall include a written order for the undesignated epinephrine auto-injectors or an opioid antagonist that meets the requirements of Section 22-30(b) of the School Code. The written order required under this subsection (c)(4) is valid for the school year in which it Plenary Packet - Page 17

19 NOTICE OF PROPOSED AMENDMENTS was provided and must be renewed each school year. (See Section 22-30(d) of the School Code.) d) Notification of Administration of an Undesignated Epinephrine Auto-Injector or Opioid Antagonist Any school whose school nurse or trained personnel administered an undesignated epinephrine auto-injector or an opioid antagonist, as applicable, shall meet the notification requirements of Section 22-30(f-5) and (f-10) of the School Code. e) Personnel Training Only trained personnel or a school nurse shall administer an undesignated epinephrine auto-injector or an opioid antagonist, as applicable. 1) Certification courses required under Section 22-30(g) of the School Code in cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) shall be conducted by a trainer who is certified in CPR/AED by the American Heart Association, American Red Cross or similar certifying body. Trained personnel shall renew any certification issued in accordance with the requirements of the certifying body and present the certification to his or her school. 2) A school administrator or a school nurse shall be available to answer questions from training participants if the anaphylaxis or an opioid antagonist training is presented via a webinar or online format or through a video supplied by an epinephrine or an opioid antagonist manufacturer. Training provided in one of the formats listed in this subsection (e)(2) shall not be considered complete unless an opportunity for questions is provided. 3) In addition to the curricular content listed in Section 22-30(h), anaphylaxis training also shall include information about: A) where the undesignated epinephrine auto-injectors are stored and how to access them; B) the method by which the school nurse or trained personnel will be notified of an incident that could require the administration of an undesignated epinephrine auto-injector; Plenary Packet - Page 18

20 NOTICE OF PROPOSED AMENDMENTS C) the school's written plan to prevent exposure to allergens; and D) the process for administering the specific undesignated epinephrine auto-injector devices identified in the standing order. 4) In addition to the curricular content listed in Section 22-30(h-5), opioid antagonist training also shall meet the requirements of Section 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301/5-23] and training requirements set forth at 77 Ill. Adm. Code 2060 (Alcoholism and Substance Abuse Treatment and Intervention Licenses) and include information about: A) where the opioid antagonist is stored and how to access the drug; B) the method by which the school nurse or trained personnel will be notified of an incident that could require the administration of an opioid antagonist; and C) the process for administering the specific opioid antagonist identified in the standing order. 4)5) A school nurse or physician with knowledge of allergies and anaphylaxis and CPR and AED certification who possesses skill in administering or demonstrating the use of an epinephrine auto-injector shall certify by written signature that the trained personnel being trained passed the test required under Section 22-30(h)(7) of the School Code. 6) A individual familiar with the use of an opioid antagonist who has CPR and AED certification (e.g., healthcare provider, police officer, paramedic) shall certify by written signature that the personnel being trained passed the test required under Section 22-30(h-5)(8) of the School Code. 5)7) Each statement of certification issued under subsection (e)(4) (e)(5) or (e)(6) of this Section shall be maintained by the school in accordance with Section 22-30(g) of the School Code. 6)8) The names of trained personnel shall be provided to the school nurse and school administrator and indicate whether the person received training specific to anaphylaxis, opioid antagonist or both. Plenary Packet - Page 19

21 NOTICE OF PROPOSED AMENDMENTS f) Reporting Each school shall submit a report regarding the administration of an undesignated epinephrine auto-injector or opioid antagonist electronically in a format prescribed by the State Superintendent of Education within the timeline specified in Section 22-30(i) or Section 22-30(i-5), respectively, of the School Code. g) Allergen Reduction Plan Each school shall develop a written plan to reduce the risk of accidental exposure to allergens that addresses, at a minimum, lunchroom safeguards, classroom food policies, and identification of areas of the playground that are known concerns, such as those with insect colonies. A separate plan is not required if the school has addressed reducing the risk of accidental exposure to allergens in the plan adopted pursuant to Section (b) of the School Code [105 ILCS 5/ (b)]. h) In accordance with Section 22-30(h) of the School Code, the State Superintendent of Education shall post on the agency's website by January 1, 2016 a list of resource materials about how to recognize and respond to anaphylaxis. (Source: Amended at 40 Ill. Reg., effective ) Plenary Packet - Page 20

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23 ILLINOIS MEETING October 21, 2015 TO: FROM: Illinois State Board of Education Tony Smith, Ph.D., State Superintendent of Education Stephanie Donovan, General Counsel Agenda Topic: Proposed Amendments for Initial Review: Part 425 (Voluntary Registration and Recognition of Nonpublic Schools) Materials: Staff Contacts: Recommended Rules Amy Jo Clemens, Assistant Superintendent Purpose of Agenda Item The purpose of the agenda item is to present the proposed amendments for the Board s initial review. Relationship to/implications for the State Board s Strategic Plan The proposed amendments relate to Strategic Goal 3 (safe and healthy learning environments) since they address the following topics: the administration of undesignated epinephrine auto-injectors and opioid antagonists, as well as the training required of school nurses and other personnel who would be administering either of the drugs; and the statutory requirement for schools to have practices and policies pertaining to concussions. Expected Outcome of Agenda Item The Board will be asked to adopt a motion authorizing solicitation of public comment on the proposed amendments. Background Information P.A , effective August 1, 2014, amended Section of the School Code, in part, to authorize (but not require) the administration of an epinephrine auto-injector by school nurses (as that term is defined in Section 22-30) or trained personnel to "any person (who) the school nurse or trained personnel in good faith believes is having an anaphylactic reaction". In such cases, the epinephrine auto-injector is "undesignated", meaning it is not prescribed to a particular individual. P.A , effective September 9, 2015, added administration of opioid antagonist by school nurses and trained personnel in situations when an individual is having an opioid overdose. The agency has promulgated rules at Section (23 Ill. Adm. Code 1.530; Public Schools Evaluation, Recognition and Supervision) that clarify the process for the use of undesignated epinephrine auto-injectors and opioid antagonist by school nurses or trained personnel. The proposed rules provide for parental notification, an "opt-out" process prohibiting the use of an epinephrine auto-injector or opioid antagonist under any circumstances, availability of the epinephrine auto-injector or opioid antagonist, and training requirements. The requirements of Section apply to public schools; therefore, this cross-reference is needed in Part 425 to Plenary Packet - Page 21

24 make the requirements applicable to nonpublic schools that seek registration with or recognition by the State Board of Education. Reference is also being made to nonpublic schools' responsibilities under Section of the School Code, added by P.A , effective August 3, The new law addresses concussion policies and practices in schools. Referencing the law in Part 425 will alert nonpublic schools to the requirements that apply. Analysis and Implications for Policy, Budget, Legislative Action and Communications Policy Implications: Please see "Background" above. Budget Implications: None. Legislative Action: None. Communication: Please see Next Steps below. Pros and Cons of Various Actions The proposed changes in Part 425 remind registered and recognized nonpublic schools of their obligation to comply with the requirements of Sections and of the School Code. If the applicable law and administrative rules in Part 425 were not referenced, it would result in inconsistency in implementation among the schools subject to the requirements of Sections and 22-80, and may lead to some registered or recognized nonpublic schools being unaware that the laws apply to the operations of their schools. Superintendent s Recommendation The State Superintendent recommends that the State Board of Education adopt the following motion: The State Board of Education hereby authorizes solicitation of public comment on the proposed rulemaking for: Voluntary Registration and Recognition of Nonpublic Schools (23 Illinois Administrative Code 425), including publication of the proposed amendments in the Illinois Register. Next Steps With the Board s authorization, staff will submit the proposed amendments to the Administrative Code Division for publication in the Illinois Register to elicit public comment. Additional means, such as the Superintendent s Weekly Message and the agency s website, will be used to inform interested parties of the opportunity to comment on this rulemaking. Plenary Packet - Page 22

25 NOTICE OF PROPOSED AMENDMENTS TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: SUBCHAPTER l: NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS PART 425 VOLUNTARY REGISTRATION AND RECOGNITION OF NONPUBLIC SCHOOLS Section Purpose and Applicability Requirements for Registration Requirements for Recognition Process for Initial Recognition Renewal of Recognition Changes in Recognition Status Appeals Block Grant Funds Textbook Block Grant Program AUTHORITY: Implementing Sections o, , and authorized by Sections and of the School Code [105 ILCS 5/2-3.25o, , and 2-3.6]. SOURCE: Adopted at 33 Ill. Reg , effective December 7, 2009; amended at 36 Ill. Reg. 2241, effective January 26, 2012; amended at 37 Ill. Reg. 9492, effective June 19, 2013; amended at 39 Ill. Reg. 2219, effective January 22, 2015; amended at 40 Ill. Reg., effective. Section Requirements for Registration a) The State Superintendent of Education shall make available a form to be used for nonpublic schools voluntary registration. A school s initial registration may occur at any time from October 1 through June 30 of the relevant school year. Initial registration of a school shall occur by means of a paper submission. Each paper registration form shall bear the signature of the school s chief administrative officer and must be received by the Illinois State Board of Education no later than June 25 for the school to be registered by June 30. 1) Descriptive information that must be submitted shall include: Plenary Packet - Page 23