BILLS PASSED IN THE ILLINOIS GENERAL ASSEMBLY

BY BEV JOHNS

As of 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.

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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 4653—Mussman. Amends the School Code. Makes stylistic changes in

provisions concerning institutes or inservice training workshops. In provisions

concerning inservice 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 the Governor 6-26-2024.

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 8-2-2024. 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 student's 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 Goernoor 8-9-2024. Public Act 103-0854.

SB 1400—Lighford. 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 re-engagement 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.

SB 3156—Johnson. Makes changes concerning the data on teacher experience and

education for a teacher who teaches a combination of courses. Makes changes to

provisions 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- 8-2-2004. Public

Act 103-0780.

SB 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 he Governor 8-9-2024. Public Ac-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 No. 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 placed 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 7-1-2024. 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, in which case the student is eligible for such services through the end of

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.

Governmental Relations

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