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Legislation impacting
advanced and gifted learners
This page provides an overview of current state and federal legislation impacting advanced and gifted learners in Illinois.
This site is updated a few times per year. Please check the statute to be certain that you have the most up to date information.
Illinois Legislation:
SB 2337 -- IAGC-initiated Proposed Amendments to 105 ILCS, Section 5 (Filed February 2023 by Senator Mary Edly Allen)
These amendments promote transparency in reporting data regarding advanced learners and encourage district use of promising practices to support equity and access.
- Specifies reporting and data collection requirements for advanced programming, accelerated placement, and gifted education.
- Clarifies the definition of advanced academic program.
- Provides suggestions and guidance for evidence-based practices to support equity plans for accelerated placement.
- Download a One-Page Summary
Article 14A of the Illinois School Code and SB 1223/Public Act 100-0421
These laws govern gifted and talented students and students eligible for accelerated placement:
- Schools are required to have fair and equitable acceleration policies allowing early entrance to kindergarten/first grade, subject acceleration, and grade acceleration for eligible students
- Illinois does not mandate identifying and serving gifted students
- The best practice requirements surrounding identification and services for gifted students detailed in Article 14A of the School Code are conditioned on funding
- 2003 is the last year that schools received state funds ($19 million) for gifted programming
This plan, developed in accordance with the federal Every Student Succeeds Act of 2015, is also relevant for high-ability students:
- Schools will be held accountable for the growth of all students, across the entire achievement spectrum, not merely those below the proficiency bar as was the case under NCLB.
- A school quality accountability indicator under development may include "access to enrichment and acceleration opportunities."
- Title I resources may be used for identifying and serving gifted students.
- Schools receiving Title II funds must train their school leaders and teachers to the needs of gifted students.
Accelerated Placement Act (Public Act 100-0421)
- Signed into law in August 25, 2017; Went into effect July 1, 2018.
- Ensures that all Illinois school districts have fair and equitable acceleration policies allowing early entrance to kindergarten/first grade, subject acceleration, and whole-grade acceleration for eligible students.
- For more information, please see IAGC website page: Accelerated Placement Act
Education and Workforce Equity Act (Public Act 100-0654-signed into law by Governor on March 8, 2021)
New language in the School Code added by the Education and Workforce Equity Act provides "...that inequitable access to advanced coursework and enrollment in accelerated placement programs exists between children enrolled in different school districts and even within the same school district and more must be done to eliminate the barriers to access to advanced coursework and enrollment in accelerated placement programs for all children." (105 ILCS 5/14A-10(4))
The law adds several components to existing provisions for accelerated placement policies. Among these include the following:
For K-12 Schools:
In addition to procedures for annually informing parents and guardians about accelerated programming and identification for these programs, districts may include procedures and strategies for communication to community-based organizations and providers of out-of-school programs. Policies can also include strategies for outreach to students and families traditionally underrepresented populations about accelerated placement
Districts may include procedures to provide support and promote success for newly enrolled students in accelerated placement
Districts may include desegregated data review process for admission/success in advanced coursework
Provides that schools shall review disaggregated data and develop a plan for increased teachers/expanding access to accelerated placement program on or before November 1, 2022
Accelerated placement policy must include provisions for automatic enrollment into the “next most rigorous level of advanced coursework offered by the high school” in mathematics, English language arts, and/or science.
“Next most rigorous” may include:
- A dual credit course
- An Advanced Placement Course
- International Baccalaureate Course
- Honors class
- Enrichment opportunity
- Gifted program
- Any other program offered by district
In addition, the law provides for data reporting: “ISBE shall adopt rules to determine data to be collected and disaggregated by demographic group regarding accelerated placement, including the rates of students who participate in and successfully complete advanced coursework, and a method of making the information available to the public.” (ILSC 105/14-A-32(c))
School Report Card Act (Public Act 100-0364)
- Requires ISBE to collect and report for each school/district the percentage and demographics of students receiving gifted and accelerated services, the percentage of teachers with gifted education endorsements, disaggregated achievement and growth data for advanced students, and more.
- Went into effect January 1, 2018.
Dual Credit Legislation (Public Act 100-0792)
- Signed into law August 2018 effective January 1, 2019
- IAGC supported a bipartisan bill amending the dual enrollment and dual credit section of the IL School Code
- Law provides "A qualified student shall be allowed to enroll in an unlimited amount of dual credit courses and earn an unlimited amount of academic credits from dual credit course if the courses are taught by an Illinois instructor as provided under the Dual Credit Quality Act."
Untapped Potential Act (Public Act 99-0706)
- Revised the Illinois School Code to ensure alignment with best practices for identifying gifted students.
National Legislation:
Every Student Succeeds Act ("ESSA," 2015)
- Revised and reauthorized the federal K-12 education law known as the Elementary and Secondary Education Act of 1965 (ESEA, "No Child Left Behind").
- Includes provisions that support gifted and talented students.
- Provides for Title I Schools, accountability for student achievement, programs for English language learners, math-science partnerships, and Title II professional development.
- Approximately $21 billion in federal funds under ESEA is distributed to the states and school districts each year through individual grant programs.
- For more information, see the National Association for Gifted Children website page: "Every Student Succeeds Act."
Jacob Javits Gifted and Talented Students Education Act ("Javits," 1988)
- First passed by Congress in 1988 as part of the Elementary and Secondary Education Act
- Most recently reauthorized through the ESSA
- Only federal program dedicated specifically to gifted and talented students
- For more information, see the National Association for Gifted Children website page: "Jacob Javits Gifted & Talented Students Education Act."
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