101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0166

 

Introduced 1/30/2019, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/34-18  from Ch. 122, par. 34-18

    Amends the Chicago School District Article of the School Code. Makes a technical change in a Section concerning the powers of the board.


LRB101 07383 AXK 52423 b

 

 

A BILL FOR

 

SB0166LRB101 07383 AXK 52423 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
534-18 as follows:
 
6    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
7    Sec. 34-18. Powers of the board. The The board shall
8exercise general supervision and jurisdiction over the public
9education and the public school system of the city, and, except
10as otherwise provided by this Article, shall have power:
11        1. To make suitable provision for the establishment and
12    maintenance throughout the year or for such portion thereof
13    as it may direct, not less than 9 months, of schools of all
14    grades and kinds, including normal schools, high schools,
15    night schools, schools for defectives and delinquents,
16    parental and truant schools, schools for the blind, the
17    deaf and persons with physical disabilities, schools or
18    classes in manual training, constructural and vocational
19    teaching, domestic arts and physical culture, vocation and
20    extension schools and lecture courses, and all other
21    educational courses and facilities, including
22    establishing, equipping, maintaining and operating
23    playgrounds and recreational programs, when such programs

 

 

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1    are conducted in, adjacent to, or connected with any public
2    school under the general supervision and jurisdiction of
3    the board; provided that the calendar for the school term
4    and any changes must be submitted to and approved by the
5    State Board of Education before the calendar or changes may
6    take effect, and provided that in allocating funds from
7    year to year for the operation of all attendance centers
8    within the district, the board shall ensure that
9    supplemental general State aid or supplemental grant funds
10    are allocated and applied in accordance with Section 18-8,
11    18-8.05, or 18-8.15. To admit to such schools without
12    charge foreign exchange students who are participants in an
13    organized exchange student program which is authorized by
14    the board. The board shall permit all students to enroll in
15    apprenticeship programs in trade schools operated by the
16    board, whether those programs are union-sponsored or not.
17    No student shall be refused admission into or be excluded
18    from any course of instruction offered in the common
19    schools by reason of that student's sex. No student shall
20    be denied equal access to physical education and
21    interscholastic athletic programs supported from school
22    district funds or denied participation in comparable
23    physical education and athletic programs solely by reason
24    of the student's sex. Equal access to programs supported
25    from school district funds and comparable programs will be
26    defined in rules promulgated by the State Board of

 

 

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1    Education in consultation with the Illinois High School
2    Association. Notwithstanding any other provision of this
3    Article, neither the board of education nor any local
4    school council or other school official shall recommend
5    that children with disabilities be placed into regular
6    education classrooms unless those children with
7    disabilities are provided with supplementary services to
8    assist them so that they benefit from the regular classroom
9    instruction and are included on the teacher's regular
10    education class register;
11        2. To furnish lunches to pupils, to make a reasonable
12    charge therefor, and to use school funds for the payment of
13    such expenses as the board may determine are necessary in
14    conducting the school lunch program;
15        3. To co-operate with the circuit court;
16        4. To make arrangements with the public or quasi-public
17    libraries and museums for the use of their facilities by
18    teachers and pupils of the public schools;
19        5. To employ dentists and prescribe their duties for
20    the purpose of treating the pupils in the schools, but
21    accepting such treatment shall be optional with parents or
22    guardians;
23        6. To grant the use of assembly halls and classrooms
24    when not otherwise needed, including light, heat, and
25    attendants, for free public lectures, concerts, and other
26    educational and social interests, free of charge, under

 

 

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1    such provisions and control as the principal of the
2    affected attendance center may prescribe;
3        7. To apportion the pupils to the several schools;
4    provided that no pupil shall be excluded from or segregated
5    in any such school on account of his color, race, sex, or
6    nationality. The board shall take into consideration the
7    prevention of segregation and the elimination of
8    separation of children in public schools because of color,
9    race, sex, or nationality. Except that children may be
10    committed to or attend parental and social adjustment
11    schools established and maintained either for boys or girls
12    only. All records pertaining to the creation, alteration or
13    revision of attendance areas shall be open to the public.
14    Nothing herein shall limit the board's authority to
15    establish multi-area attendance centers or other student
16    assignment systems for desegregation purposes or
17    otherwise, and to apportion the pupils to the several
18    schools. Furthermore, beginning in school year 1994-95,
19    pursuant to a board plan adopted by October 1, 1993, the
20    board shall offer, commencing on a phased-in basis, the
21    opportunity for families within the school district to
22    apply for enrollment of their children in any attendance
23    center within the school district which does not have
24    selective admission requirements approved by the board.
25    The appropriate geographical area in which such open
26    enrollment may be exercised shall be determined by the

 

 

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1    board of education. Such children may be admitted to any
2    such attendance center on a space available basis after all
3    children residing within such attendance center's area
4    have been accommodated. If the number of applicants from
5    outside the attendance area exceed the space available,
6    then successful applicants shall be selected by lottery.
7    The board of education's open enrollment plan must include
8    provisions that allow low income students to have access to
9    transportation needed to exercise school choice. Open
10    enrollment shall be in compliance with the provisions of
11    the Consent Decree and Desegregation Plan cited in Section
12    34-1.01;
13        8. To approve programs and policies for providing
14    transportation services to students. Nothing herein shall
15    be construed to permit or empower the State Board of
16    Education to order, mandate, or require busing or other
17    transportation of pupils for the purpose of achieving
18    racial balance in any school;
19        9. Subject to the limitations in this Article, to
20    establish and approve system-wide curriculum objectives
21    and standards, including graduation standards, which
22    reflect the multi-cultural diversity in the city and are
23    consistent with State law, provided that for all purposes
24    of this Article courses or proficiency in American Sign
25    Language shall be deemed to constitute courses or
26    proficiency in a foreign language; and to employ principals

 

 

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1    and teachers, appointed as provided in this Article, and
2    fix their compensation. The board shall prepare such
3    reports related to minimal competency testing as may be
4    requested by the State Board of Education, and in addition
5    shall monitor and approve special education and bilingual
6    education programs and policies within the district to
7    assure that appropriate services are provided in
8    accordance with applicable State and federal laws to
9    children requiring services and education in those areas;
10        10. To employ non-teaching personnel or utilize
11    volunteer personnel for: (i) non-teaching duties not
12    requiring instructional judgment or evaluation of pupils,
13    including library duties; and (ii) supervising study
14    halls, long distance teaching reception areas used
15    incident to instructional programs transmitted by
16    electronic media such as computers, video, and audio,
17    detention and discipline areas, and school-sponsored
18    extracurricular activities. The board may further utilize
19    volunteer non-certificated personnel or employ
20    non-certificated personnel to assist in the instruction of
21    pupils under the immediate supervision of a teacher holding
22    a valid certificate, directly engaged in teaching subject
23    matter or conducting activities; provided that the teacher
24    shall be continuously aware of the non-certificated
25    persons' activities and shall be able to control or modify
26    them. The general superintendent shall determine

 

 

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1    qualifications of such personnel and shall prescribe rules
2    for determining the duties and activities to be assigned to
3    such personnel;
4        10.5. To utilize volunteer personnel from a regional
5    School Crisis Assistance Team (S.C.A.T.), created as part
6    of the Safe to Learn Program established pursuant to
7    Section 25 of the Illinois Violence Prevention Act of 1995,
8    to provide assistance to schools in times of violence or
9    other traumatic incidents within a school community by
10    providing crisis intervention services to lessen the
11    effects of emotional trauma on individuals and the
12    community; the School Crisis Assistance Team Steering
13    Committee shall determine the qualifications for
14    volunteers;
15        11. To provide television studio facilities in not to
16    exceed one school building and to provide programs for
17    educational purposes, provided, however, that the board
18    shall not construct, acquire, operate, or maintain a
19    television transmitter; to grant the use of its studio
20    facilities to a licensed television station located in the
21    school district; and to maintain and operate not to exceed
22    one school radio transmitting station and provide programs
23    for educational purposes;
24        12. To offer, if deemed appropriate, outdoor education
25    courses, including field trips within the State of
26    Illinois, or adjacent states, and to use school educational

 

 

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1    funds for the expense of the said outdoor educational
2    programs, whether within the school district or not;
3        13. During that period of the calendar year not
4    embraced within the regular school term, to provide and
5    conduct courses in subject matters normally embraced in the
6    program of the schools during the regular school term and
7    to give regular school credit for satisfactory completion
8    by the student of such courses as may be approved for
9    credit by the State Board of Education;
10        14. To insure against any loss or liability of the
11    board, the former School Board Nominating Commission,
12    Local School Councils, the Chicago Schools Academic
13    Accountability Council, or the former Subdistrict Councils
14    or of any member, officer, agent or employee thereof,
15    resulting from alleged violations of civil rights arising
16    from incidents occurring on or after September 5, 1967 or
17    from the wrongful or negligent act or omission of any such
18    person whether occurring within or without the school
19    premises, provided the officer, agent or employee was, at
20    the time of the alleged violation of civil rights or
21    wrongful act or omission, acting within the scope of his
22    employment or under direction of the board, the former
23    School Board Nominating Commission, the Chicago Schools
24    Academic Accountability Council, Local School Councils, or
25    the former Subdistrict Councils; and to provide for or
26    participate in insurance plans for its officers and

 

 

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1    employees, including but not limited to retirement
2    annuities, medical, surgical and hospitalization benefits
3    in such types and amounts as may be determined by the
4    board; provided, however, that the board shall contract for
5    such insurance only with an insurance company authorized to
6    do business in this State. Such insurance may include
7    provision for employees who rely on treatment by prayer or
8    spiritual means alone for healing, in accordance with the
9    tenets and practice of a recognized religious
10    denomination;
11        15. To contract with the corporate authorities of any
12    municipality or the county board of any county, as the case
13    may be, to provide for the regulation of traffic in parking
14    areas of property used for school purposes, in such manner
15    as is provided by Section 11-209 of The Illinois Vehicle
16    Code, approved September 29, 1969, as amended;
17        16. (a) To provide, on an equal basis, access to a high
18    school campus and student directory information to the
19    official recruiting representatives of the armed forces of
20    Illinois and the United States for the purposes of
21    informing students of the educational and career
22    opportunities available in the military if the board has
23    provided such access to persons or groups whose purpose is
24    to acquaint students with educational or occupational
25    opportunities available to them. The board is not required
26    to give greater notice regarding the right of access to

 

 

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1    recruiting representatives than is given to other persons
2    and groups. In this paragraph 16, "directory information"
3    means a high school student's name, address, and telephone
4    number.
5        (b) If a student or his or her parent or guardian
6    submits a signed, written request to the high school before
7    the end of the student's sophomore year (or if the student
8    is a transfer student, by another time set by the high
9    school) that indicates that the student or his or her
10    parent or guardian does not want the student's directory
11    information to be provided to official recruiting
12    representatives under subsection (a) of this Section, the
13    high school may not provide access to the student's
14    directory information to these recruiting representatives.
15    The high school shall notify its students and their parents
16    or guardians of the provisions of this subsection (b).
17        (c) A high school may require official recruiting
18    representatives of the armed forces of Illinois and the
19    United States to pay a fee for copying and mailing a
20    student's directory information in an amount that is not
21    more than the actual costs incurred by the high school.
22        (d) Information received by an official recruiting
23    representative under this Section may be used only to
24    provide information to students concerning educational and
25    career opportunities available in the military and may not
26    be released to a person who is not involved in recruiting

 

 

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1    students for the armed forces of Illinois or the United
2    States;
3        17. (a) To sell or market any computer program
4    developed by an employee of the school district, provided
5    that such employee developed the computer program as a
6    direct result of his or her duties with the school district
7    or through the utilization of the school district resources
8    or facilities. The employee who developed the computer
9    program shall be entitled to share in the proceeds of such
10    sale or marketing of the computer program. The distribution
11    of such proceeds between the employee and the school
12    district shall be as agreed upon by the employee and the
13    school district, except that neither the employee nor the
14    school district may receive more than 90% of such proceeds.
15    The negotiation for an employee who is represented by an
16    exclusive bargaining representative may be conducted by
17    such bargaining representative at the employee's request.
18        (b) For the purpose of this paragraph 17:
19            (1) "Computer" means an internally programmed,
20        general purpose digital device capable of
21        automatically accepting data, processing data and
22        supplying the results of the operation.
23            (2) "Computer program" means a series of coded
24        instructions or statements in a form acceptable to a
25        computer, which causes the computer to process data in
26        order to achieve a certain result.

 

 

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1            (3) "Proceeds" means profits derived from
2        marketing or sale of a product after deducting the
3        expenses of developing and marketing such product;
4        18. To delegate to the general superintendent of
5    schools, by resolution, the authority to approve contracts
6    and expenditures in amounts of $10,000 or less;
7        19. Upon the written request of an employee, to
8    withhold from the compensation of that employee any dues,
9    payments or contributions payable by such employee to any
10    labor organization as defined in the Illinois Educational
11    Labor Relations Act. Under such arrangement, an amount
12    shall be withheld from each regular payroll period which is
13    equal to the pro rata share of the annual dues plus any
14    payments or contributions, and the board shall transmit
15    such withholdings to the specified labor organization
16    within 10 working days from the time of the withholding;
17        19a. Upon receipt of notice from the comptroller of a
18    municipality with a population of 500,000 or more, a county
19    with a population of 3,000,000 or more, the Cook County
20    Forest Preserve District, the Chicago Park District, the
21    Metropolitan Water Reclamation District, the Chicago
22    Transit Authority, or a housing authority of a municipality
23    with a population of 500,000 or more that a debt is due and
24    owing the municipality, the county, the Cook County Forest
25    Preserve District, the Chicago Park District, the
26    Metropolitan Water Reclamation District, the Chicago

 

 

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1    Transit Authority, or the housing authority by an employee
2    of the Chicago Board of Education, to withhold, from the
3    compensation of that employee, the amount of the debt that
4    is due and owing and pay the amount withheld to the
5    municipality, the county, the Cook County Forest Preserve
6    District, the Chicago Park District, the Metropolitan
7    Water Reclamation District, the Chicago Transit Authority,
8    or the housing authority; provided, however, that the
9    amount deducted from any one salary or wage payment shall
10    not exceed 25% of the net amount of the payment. Before the
11    Board deducts any amount from any salary or wage of an
12    employee under this paragraph, the municipality, the
13    county, the Cook County Forest Preserve District, the
14    Chicago Park District, the Metropolitan Water Reclamation
15    District, the Chicago Transit Authority, or the housing
16    authority shall certify that (i) the employee has been
17    afforded an opportunity for a hearing to dispute the debt
18    that is due and owing the municipality, the county, the
19    Cook County Forest Preserve District, the Chicago Park
20    District, the Metropolitan Water Reclamation District, the
21    Chicago Transit Authority, or the housing authority and
22    (ii) the employee has received notice of a wage deduction
23    order and has been afforded an opportunity for a hearing to
24    object to the order. For purposes of this paragraph, "net
25    amount" means that part of the salary or wage payment
26    remaining after the deduction of any amounts required by

 

 

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1    law to be deducted and "debt due and owing" means (i) a
2    specified sum of money owed to the municipality, the
3    county, the Cook County Forest Preserve District, the
4    Chicago Park District, the Metropolitan Water Reclamation
5    District, the Chicago Transit Authority, or the housing
6    authority for services, work, or goods, after the period
7    granted for payment has expired, or (ii) a specified sum of
8    money owed to the municipality, the county, the Cook County
9    Forest Preserve District, the Chicago Park District, the
10    Metropolitan Water Reclamation District, the Chicago
11    Transit Authority, or the housing authority pursuant to a
12    court order or order of an administrative hearing officer
13    after the exhaustion of, or the failure to exhaust,
14    judicial review;
15        20. The board is encouraged to employ a sufficient
16    number of certified school counselors to maintain a
17    student/counselor ratio of 250 to 1 by July 1, 1990. Each
18    counselor shall spend at least 75% of his work time in
19    direct contact with students and shall maintain a record of
20    such time;
21        21. To make available to students vocational and career
22    counseling and to establish 5 special career counseling
23    days for students and parents. On these days
24    representatives of local businesses and industries shall
25    be invited to the school campus and shall inform students
26    of career opportunities available to them in the various

 

 

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1    businesses and industries. Special consideration shall be
2    given to counseling minority students as to career
3    opportunities available to them in various fields. For the
4    purposes of this paragraph, minority student means a person
5    who is any of the following:
6        (a) American Indian or Alaska Native (a person having
7    origins in any of the original peoples of North and South
8    America, including Central America, and who maintains
9    tribal affiliation or community attachment).
10        (b) Asian (a person having origins in any of the
11    original peoples of the Far East, Southeast Asia, or the
12    Indian subcontinent, including, but not limited to,
13    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
14    the Philippine Islands, Thailand, and Vietnam).
15        (c) Black or African American (a person having origins
16    in any of the black racial groups of Africa). Terms such as
17    "Haitian" or "Negro" can be used in addition to "Black or
18    African American".
19        (d) Hispanic or Latino (a person of Cuban, Mexican,
20    Puerto Rican, South or Central American, or other Spanish
21    culture or origin, regardless of race).
22        (e) Native Hawaiian or Other Pacific Islander (a person
23    having origins in any of the original peoples of Hawaii,
24    Guam, Samoa, or other Pacific Islands).
25        Counseling days shall not be in lieu of regular school
26    days;

 

 

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1        22. To report to the State Board of Education the
2    annual student dropout rate and number of students who
3    graduate from, transfer from or otherwise leave bilingual
4    programs;
5        23. Except as otherwise provided in the Abused and
6    Neglected Child Reporting Act or other applicable State or
7    federal law, to permit school officials to withhold, from
8    any person, information on the whereabouts of any child
9    removed from school premises when the child has been taken
10    into protective custody as a victim of suspected child
11    abuse. School officials shall direct such person to the
12    Department of Children and Family Services, or to the local
13    law enforcement agency if appropriate;
14        24. To develop a policy, based on the current state of
15    existing school facilities, projected enrollment and
16    efficient utilization of available resources, for capital
17    improvement of schools and school buildings within the
18    district, addressing in that policy both the relative
19    priority for major repairs, renovations and additions to
20    school facilities, and the advisability or necessity of
21    building new school facilities or closing existing schools
22    to meet current or projected demographic patterns within
23    the district;
24        25. To make available to the students in every high
25    school attendance center the ability to take all courses
26    necessary to comply with the Board of Higher Education's

 

 

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1    college entrance criteria effective in 1993;
2        26. To encourage mid-career changes into the teaching
3    profession, whereby qualified professionals become
4    certified teachers, by allowing credit for professional
5    employment in related fields when determining point of
6    entry on teacher pay scale;
7        27. To provide or contract out training programs for
8    administrative personnel and principals with revised or
9    expanded duties pursuant to this Act in order to assure
10    they have the knowledge and skills to perform their duties;
11        28. To establish a fund for the prioritized special
12    needs programs, and to allocate such funds and other lump
13    sum amounts to each attendance center in a manner
14    consistent with the provisions of part 4 of Section 34-2.3.
15    Nothing in this paragraph shall be construed to require any
16    additional appropriations of State funds for this purpose;
17        29. (Blank);
18        30. Notwithstanding any other provision of this Act or
19    any other law to the contrary, to contract with third
20    parties for services otherwise performed by employees,
21    including those in a bargaining unit, and to layoff those
22    employees upon 14 days written notice to the affected
23    employees. Those contracts may be for a period not to
24    exceed 5 years and may be awarded on a system-wide basis.
25    The board may not operate more than 30 contract schools,
26    provided that the board may operate an additional 5

 

 

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1    contract turnaround schools pursuant to item (5.5) of
2    subsection (d) of Section 34-8.3 of this Code;
3        31. To promulgate rules establishing procedures
4    governing the layoff or reduction in force of employees and
5    the recall of such employees, including, but not limited
6    to, criteria for such layoffs, reductions in force or
7    recall rights of such employees and the weight to be given
8    to any particular criterion. Such criteria shall take into
9    account factors including, but not be limited to,
10    qualifications, certifications, experience, performance
11    ratings or evaluations, and any other factors relating to
12    an employee's job performance;
13        32. To develop a policy to prevent nepotism in the
14    hiring of personnel or the selection of contractors;
15        33. (Blank); and
16        34. To establish a Labor Management Council to the
17    board comprised of representatives of the board, the chief
18    executive officer, and those labor organizations that are
19    the exclusive representatives of employees of the board and
20    to promulgate policies and procedures for the operation of
21    the Council.
22    The specifications of the powers herein granted are not to
23be construed as exclusive but the board shall also exercise all
24other powers that they may be requisite or proper for the
25maintenance and the development of a public school system, not
26inconsistent with the other provisions of this Article or

 

 

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1provisions of this Code which apply to all school districts.
2    In addition to the powers herein granted and authorized to
3be exercised by the board, it shall be the duty of the board to
4review or to direct independent reviews of special education
5expenditures and services. The board shall file a report of
6such review with the General Assembly on or before May 1, 1990.
7(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17;
8100-1046, eff. 8-23-18.)