SB3362 97TH GENERAL ASSEMBLY

LRB097 17717 NHT 62931 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3362

Introduced 2/7/2012, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

105 ILCS 5/34-18.47 new

Amends the Chicago School District Article of the School Code. Provides that each year, 2 months prior to the district's September student membership survey, (1) the maximum number of students assigned to each teacher who is teaching courses in public school classrooms for prekindergarten through grade 3 may not exceed 18 students; (2) the maximum number of students assigned to each teacher who is teaching courses in public school classrooms for grades 4 through 8 may not exceed 22 students; and the maximum number of students assigned to each teacher who is teaching courses in public school classrooms for grades 9 through 12 may not exceed 25 students, which maximums must be maintained after the September student membership survey. Sets forth exceptions and provisions concerning the annual calculation of class size measures, reporting on class size, an implementation plan and schedule, and imposition of a civil penalty. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 34-18.47 as follows:

(105 ILCS 5/34-18.47 new)

Sec. 34-18.47. Maximum class size.

(a) As used in this Section:

"Allotted homerooms" means the number of classroom spaces required for homeroom use, derived as a consistent and adequate proportion of the total number of classrooms present in a given facility.

"Ancillary classrooms" means the number of classroom spaces required for non-homeroom uses, such as science labs, computer labs, art rooms, music rooms, resource rooms, special education rooms, and rooms for governmental agency or community organization special programs, after-school programs, and other appropriate uses.

"Enrollment efficiency" means an enrollment range defined as ideal enrollment less 20% to ideal enrollment plus 20%.

"Ideal enrollment" means allotted homerooms multiplied by 301.

"Inclusion teaching" means 2 or more teachers are assigned to a group of students, but one of the teachers is responsible for only one student or a small group of students in the classroom.

"Level 3" means elementary schools receiving less than 50% of available points and high schools receiving less than 44% of available points, using the school district's School Performance, Remediation and Probation Policy, and schools also labeled as "on probation".

"Maximum capacity" means the number of classroom spaces designed as such in a given facility multiplied by 30.

"Overcrowded" means an enrollment range greater than enrollment efficiency.

"Team teaching" or "co-teaching" means 2 or more teachers are assigned to a group of students and each teacher is responsible for all of the students during the entire class period. In order to be considered team teaching or co-teaching, each teacher is responsible for planning, delivering, and evaluating instruction for all students in the class or subject for the entire class period.

"Tier I" is defined as a Title I school in federal improvement, corrective action, or restructuring that is within the lowest achieving 5% of Title I schools in this State in improvement, corrective action, or restructuring based on a 3-year average performance of the "All students" group for the percentage meeting or exceeding standards on this State's assessments in reading/language arts and mathematics, combined, and that demonstrates a lack of progress; or a Title I secondary school that has an average graduation rate, as reported in Northern Illinois University's Illinois Interactive Report Card, of less than 60% over the last 3 years.

"Underutilized" means an enrollment range less than enrollment efficiency. An elementary school building is allotted a number of dedicated general education homeroom classrooms, equaling approximately 76% of the total classrooms available. Each elementary school building is also allotted a number of ancillary classrooms equal to approximately 24% of the total classrooms available. As an elementary school's enrollment increases above the efficiency range, a school may be considered overcrowded as programming options are reduced or compromised. As an elementary school's enrollment decreases below the efficiency range, a school may be considered underutilized as classrooms are unused or poorly programmed, making the use of limited resources less effective. For high schools, the board provides an enrollment efficiency range based primarily upon the total number of instructional classrooms available in the main/permanent building. Each high school's design capacity, a.k.a. maximum capacity, is identified as a function of the total number of instructional classrooms multiplied by 30. A high school's enrollment that remains within 75% to 80% of design capacity is considered efficiently enrolled, while a high school's enrollment that decreases below 75% of design capacity is considered underutilized, and a high school's enrollment that increases above 80% is considered overcrowded.

(b) Each year, 2 months prior to the school district's September student membership survey, the following class size maximums must be satisfied:

(1) The maximum number of students assigned to each teacher who is teaching courses in public school classrooms for prekindergarten through grade 3 may not exceed 18 students.

(2) The maximum number of students assigned to each teacher who is teaching courses in public school classrooms for grades 4 through 8 may not exceed 22 students.

(3) The maximum number of students assigned to each teacher who is teaching courses in public school classrooms for grades 9 through 12 may not exceed 25 students. These maximums must be maintained after the September student membership survey, except as provided in subsection (d) of this Section or due to an extreme emergency beyond the control of the board.

The chief executive officer or his or her designee shall publish an accurate report on class size by grade and subject for each school building operated by the school district on the district's Internet website on or before September 30 of each year.

(c) The State Board of Education shall annually calculate the class size measures described in subsection (b) of this Section at least 2 months prior to the September student membership survey.

(d) A student who enrolls in a school after the September student membership survey may be assigned to an existing class that temporarily exceeds the maximum number of students in subsection (b) of this Section. If the board determines it to be impractical, educationally unsound, or disruptive to student learning to not assign the student to the class:

(1) up to 2 students may be assigned to a teacher in kindergarten through grade 3 above the maximum as provided in subdivision (1) of subsection (b) of this Section;

(2) up to 3 students may be assigned to a teacher in grades 4 through 12 above the maximum as provided in subdivision (2) or (3) of subsection (b) of this Section, respectively; and

(3) the board shall develop a plan that provides that the school will be in full compliance with the maximum class size in subsection (b) of this Section by the next September student membership survey. In classrooms where the maximum number of students exceeds 2 students in kindergarten through grade 3 or exceeds 3 students in grades 4 through 12, there must be another teacher, a teacher's aide, or a paraprofessional or school-related personnel assigned to the classroom to satisfy class maximum determinations.

(e) The board shall develop a plan that provides that the class size limits set forth in this Section will be implemented in a 4-year, phase-in schedule, beginning with the 2012-2013 school year, using schools that meet the following criteria:

(1) schools designated by the federal government as low-income, high poverty schools;

(2) schools that have been identified as "Level 3" or "Tier I" or elementary schools receiving less than 50% of available points and high schools receiving less than 44% of available points using the school district's School Performance, Remediation and Probation Policy;

(3) schools that have been identified by the board as underutilized. In the absence of the school district's School Performance, Remediation and Probation Policy, the board shall implement the class size maximums specified in subsection (b) of this Section by designating schools that fail to make adequate yearly progress or average yearly progress, with adequate yearly progress being calculated by the State Board of Education to evaluate school performance under the federal No Child Left Behind Act of 2001 for 2 consecutive years and in buildings designated as underutilized based on the Chicago Public Schools Space Utilization Standards or the current industry standard for building utilization.

Beginning with 2013-2014 school year, the class size limits set forth in this Section must be implemented in schools with grades K through 3. Beginning with 2014-2015 school year, the class size limits set forth in this Section must be implemented in schools with grades 4 through 8. Beginning with 2015-2016 school year, the class size limits set forth in this Section must be implemented in schools with grades 9 through 12.

(f) The school district must consider, but is not limited to, implementing the following items in order to meet the class size maximums described in subsection (b) of this Section:

(1) Adopting policies to encourage qualified students to take dual enrollment courses.

(2) Using methods to maximize the use of instructional staff, such as recalling laid-off teachers or displaced teachers, changing required teaching loads and the scheduling of planning periods, deploying district employees that have professional certification to the classroom, using adjunct educators, or any other method not prohibited by law.

(3) Using joint-use facilities through partnerships with public community colleges, State universities, and private colleges and universities. Joint-use facilities available for use as kindergarten through grade 12 classrooms that do not meet the kindergarten through grade 12 State regulations for educational facilities in the Health/Life Safety Code for Public Schools may be used at the discretion of the school district, provided that such facilities meet all other health, life, safety, and fire codes.

(4) Adopting alternative methods of class scheduling, such as block scheduling.

(5) Redrawing school attendance zones to maximize the use of facilities while minimizing the additional use of transportation.

(6) Operating more than one session of school during the day.

(7) Using year-round schools and other nontraditional calendars that do not adversely impact the annual assessment of student achievement.

(8) Reviewing and considering amending any collective bargaining agreements that hinder the implementation of class size reduction.

(9) Providing staffing to classrooms that fail to meet the class size maximum by placing an additional certified teacher, an additional paraprofessional, or additional school-related personnel in the classroom when it is determined that there is no more classroom space in the building.

(g) The school district may use teaching strategies that include the assignment of more than one teacher to a classroom of students only for the following purposes:

(1) To maintain the prescribed student to teacher ratio.

(2) To pair new teachers with veteran teachers.

(3) To reduce turnover among new teachers.

(4) To pair teachers who are teaching out-of-field with teachers who are in-field.

(5) To provide for more flexibility and innovation in the classroom.

(6) To improve learning opportunities for students, including students who have disabilities.

Teaching strategies, including team teaching, co-teaching, or inclusion teaching, implemented on or after July 1, 2013, may be implemented subject to the following restrictions:

(A) Reasonable limits must be placed on the number of students in a classroom so that classrooms are not overcrowded. Teacher-to-student ratios within a curriculum area or grade level must not exceed legal limits.

(B) At least one member of the team must have at least 3 years of teaching experience.

(C) At least one member of the team must be teaching in-field.

(D) The teachers must be trained in team-teaching methods within one year after assignment.

(E) Placing students in combination or split-level classes with differing grade levels is prohibited.

(h) If the State Board of Education determines that the number of students assigned to any individual class exceeds the class size maximum, as required in subsection (b) of this Section, based upon the September student membership survey, then the State Board of Education, in an administrative proceeding, shall impose a civil penalty on the school district equal to $2,900 for every 300 minutes a class is over the limit. The Attorney General may bring an action in circuit court to enforce the collection of any monetary penalty imposed under this subsection (h).

Section 99. Effective date. This Act takes effect upon becoming law.