New Statutes Requiring Your Attention and Action
As we have reviewed in prior updates, there were many new statutes that impact school districts enacted in 2021, and many of those statutes require school districts to take action in 2022. While there will undoubtedly be several policy updates still to come from these legislative changes, the statutes highlighted below require specific additional actions:
1. Restraint and Time Out Oversight Team
PA 102-339, among other changes required related to physical restraint, time out, and isolated time out, each school board is required to create a restraint and time out oversight team:
“Each school board shall create a time out and physical restraint oversight team that includes, but is not limited to, teachers, paraprofessionals, school service personnel, and administrators to develop (i) a school-specific plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in accordance with the goals and benchmarks established by the State Board and (ii) procedures to implement the plan developed by the team.”
ISBE has advised that the requirement currently applies only to school districts, and not to non-public facilities or special education cooperatives. ISBE has established the following goal and benchmark for the 2021-2022 school year: The plan’s objective shall be a 25 percent reduction in the use of physical restraint/time out/isolated time out over a 12- month period for students experiencing five-plus instances in a 30-day period.
Please keep in mind that the requirement to create a team applies to all school districts, even if they have no students who might fall within the 2021-2022 benchmark. The only districts who may be exempt from the requirement to create an oversight team and submit a plan are those who (1) have not used isolated time out, time out, or physical restraint for a period of 3 years, and (2) have adopted a policy prohibiting the use of isolated time out, time out, or physical restraint.
ISBE has recently published a checklist and template for the plan here.
2. Dual Credit Agreements
PA 102-516 made several changes related to transition services for special education students, but one of the changes in the statute specifically requires changes to a school districts agreement with a community college related to dual credit courses. We discussed ither changes in PA 102-516 in a prior update.
The changes which amend the Dual Credit Quality Act require a high school and community college partnership agreement to include a collaborative process and criteria by which a school district and a community college district shall work to ensure that individual students with disabilities have access to dual credit courses, provided that those students are able to meet the criteria for entry into a dual credit course and receive accommodations in the dual credit course:
“Through this process and criteria, the student shall have access to the supplementary aids and accommodations included in the student's individualized education program under Article 14 of the School Code or Section 504 plan under the federal Rehabilitation Act of 1973 while the student is accessing a dual credit course on a high school campus, in accordance with established practices at the high school for providing these services. A student who accesses a dual credit course on a community college campus shall have access to supplementary aids and accommodations provided in the partnership agreement, including access to the community college's disability services. A school district and community college district shall work together to provide seamless communication about the student's progress.”
The partnership agreement must be updated within one year after the effective date of the statute, so no later than August 20, 2022. Before you roll over any dual credit agreements for next school year, be sure they are compliant with the changes in the statute.
3. Teacher Evaluation Timelines
PA 102-252 made changes to the timeline for the evaluation of certain teachers:
“No later than September 1, 2022, each school district must establish a teacher evaluation plan that ensures that each teacher in contractual continued service whose performance is rated as either ‘excellent’ or ‘proficient’ is evaluated at least once in the course of the 3 school years after receipt of the rating and implement an informal teacher observation plan established by agency rule and by agreement of the joint committee established under subsection (b) of Section 24A-4 of this Code that ensures that each teacher in contractual continued service whose performance is rated as either ‘excellent’ or ‘proficient’ is informally observed at least once in the course of the 2 school years after receipt of the rating.”
As school districts update their evaluation plans for the 2022-2023 school year, keep in mind two key reminders.
First, if the evaluation timeline for tenured teachers is also contained in your collective bargaining agreement, be sure that you’ve reached specific agreement with the union regarding the implementation of these changes.
Second, don’t overlook the requirement that even though the evaluation cycle for tenured teachers whose prior rating was excellent or proficient will be three years, there are informal observations required more frequently (“at least once in the course of the 2 school years after receipt of the rating”).
4. Faith’s Law
PA 102-676 was passed in the fall veto session and signed into law in December 2021. The law, which aims to prevent child sex abuse and related concerns, has many provisions which take effect at various points between now and July 1, 2023. Some of the key aspects that go into effect July 1, 2022 includes developing an employee code of professional conduct policy that addresses the following:
- Incorporates the Code of Ethics for Illinois Educators.
- Incorporates the definition of “sexual misconduct” in the statute: any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following: (1) A sexual or romantic invitation. (2) Dating or soliciting a date. (3) Engaging in sexualized or romantic dialog. (4) Making sexually suggestive comments that are directed toward or with a student. (5) Self-disclosure or physical exposure of a sexual, romantic, or erotic nature. (6) A sexual, indecent, romantic, or erotic contact with the student.
- Identifies the expectations for employees and agents of the [school district] regarding how to maintain a professional relationship with students, including the expectations for staff-student boundaries, recognizing the age and developmental level of the students served, and establishes guidelines for all of the following situations: (A) Transporting a student. (B) Taking or possessing a photo or a video of a student. (C) Meeting with a student or contacting a student outside of the employee's or agent's professional role.
- References the employee reporting requirements required under the Abused and Neglected Child Reporting Act and under Title IX of the federal Education Amendments of 1972.
- References required employee training that is related to child abuse and educator ethics that are applicable under State and federal law.
The employee code of professional conduct policy must be posted on the website, if any, of each school district and must be included in any staff, student, or parent handbook.
The statute also provides that a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment and that failure to report a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment.
5. Other Prior Updates
There are many, many other new statutes which impact school districts, and we have discussed others in our prior updates here and here. As the 2022 legislative session gets into full swing, keep these requirements from 2021 at the forefront of your planning for 2022.