95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1975

 

Introduced 2/26/2007, by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.24a   from Ch. 122, par. 10-22.24a
105 ILCS 5/34-18   from Ch. 122, par. 34-18

    Amends the School Code. Provides that, for high school students, a school board must employ a sufficient number of certified school counselors to maintain a student/counselor ratio of 250 to 1.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Sections
5 10-22.24a and 34-18 as follows:
 
6     (105 ILCS 5/10-22.24a)  (from Ch. 122, par. 10-22.24a)
7     Sec. 10-22.24a. School counselor. To employ school
8 counselors. For high school students, a school board must
9 employ a sufficient number of certified school counselors to
10 maintain a student/counselor ratio of 250 to 1. A school
11 counselor is a qualified specialist who holds a School Service
12 Personnel certificate endorsed in school counseling issued
13 pursuant to Section 21-25 of this Code and who either (i) holds
14 or is qualified for an elementary, secondary, special K-12, or
15 special preschool-age 21 certificate issued pursuant to
16 Section 21-2 or 21-4 of this Code or (ii) in lieu of holding or
17 qualifying for a teaching certificate, has fulfilled such other
18 requirements as the State Board of Education and the State
19 Teacher Certification Board may by rule establish. An
20 individual who has completed an approved program in another
21 state may apply for a School Service Personnel certificate
22 endorsed in school counseling and shall receive such a
23 certificate if a review of his or her credentials indicates

 

 

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1 that he or she meets the additional requirements of this
2 Section.
3 (Source: P.A. 93-125, eff. 7-10-03.)
 
4     (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
5     Sec. 34-18. Powers of the board. The board shall exercise
6 general supervision and jurisdiction over the public education
7 and the public school system of the city, and, except as
8 otherwise provided by this Article, shall have power:
9         1. To make suitable provision for the establishment and
10     maintenance throughout the year or for such portion thereof
11     as it may direct, not less than 9 months, of schools of all
12     grades and kinds, including normal schools, high schools,
13     night schools, schools for defectives and delinquents,
14     parental and truant schools, schools for the blind, the
15     deaf and the crippled, schools or classes in manual
16     training, constructural and vocational teaching, domestic
17     arts and physical culture, vocation and extension schools
18     and lecture courses, and all other educational courses and
19     facilities, including establishing, equipping, maintaining
20     and operating playgrounds and recreational programs, when
21     such programs are conducted in, adjacent to, or connected
22     with any public school under the general supervision and
23     jurisdiction of the board; provided that the calendar for
24     the school term and any changes must be submitted to and
25     approved by the State Board of Education before the

 

 

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1     calendar or changes may take effect, and provided that in
2     allocating funds from year to year for the operation of all
3     attendance centers within the district, the board shall
4     ensure that supplemental general State aid funds are
5     allocated and applied in accordance with Section 18-8 or
6     18-8.05. To admit to such schools without charge foreign
7     exchange students who are participants in an organized
8     exchange student program which is authorized by the board.
9     The board shall permit all students to enroll in
10     apprenticeship programs in trade schools operated by the
11     board, whether those programs are union-sponsored or not.
12     No student shall be refused admission into or be excluded
13     from any course of instruction offered in the common
14     schools by reason of that student's sex. No student shall
15     be denied equal access to physical education and
16     interscholastic athletic programs supported from school
17     district funds or denied participation in comparable
18     physical education and athletic programs solely by reason
19     of the student's sex. Equal access to programs supported
20     from school district funds and comparable programs will be
21     defined in rules promulgated by the State Board of
22     Education in consultation with the Illinois High School
23     Association. Notwithstanding any other provision of this
24     Article, neither the board of education nor any local
25     school council or other school official shall recommend
26     that children with disabilities be placed into regular

 

 

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1     education classrooms unless those children with
2     disabilities are provided with supplementary services to
3     assist them so that they benefit from the regular classroom
4     instruction and are included on the teacher's regular
5     education class register;
6         2. To furnish lunches to pupils, to make a reasonable
7     charge therefor, and to use school funds for the payment of
8     such expenses as the board may determine are necessary in
9     conducting the school lunch program;
10         3. To co-operate with the circuit court;
11         4. To make arrangements with the public or quasi-public
12     libraries and museums for the use of their facilities by
13     teachers and pupils of the public schools;
14         5. To employ dentists and prescribe their duties for
15     the purpose of treating the pupils in the schools, but
16     accepting such treatment shall be optional with parents or
17     guardians;
18         6. To grant the use of assembly halls and classrooms
19     when not otherwise needed, including light, heat, and
20     attendants, for free public lectures, concerts, and other
21     educational and social interests, free of charge, under
22     such provisions and control as the principal of the
23     affected attendance center may prescribe;
24         7. To apportion the pupils to the several schools;
25     provided that no pupil shall be excluded from or segregated
26     in any such school on account of his color, race, sex, or

 

 

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1     nationality. The board shall take into consideration the
2     prevention of segregation and the elimination of
3     separation of children in public schools because of color,
4     race, sex, or nationality. Except that children may be
5     committed to or attend parental and social adjustment
6     schools established and maintained either for boys or girls
7     only. All records pertaining to the creation, alteration or
8     revision of attendance areas shall be open to the public.
9     Nothing herein shall limit the board's authority to
10     establish multi-area attendance centers or other student
11     assignment systems for desegregation purposes or
12     otherwise, and to apportion the pupils to the several
13     schools. Furthermore, beginning in school year 1994-95,
14     pursuant to a board plan adopted by October 1, 1993, the
15     board shall offer, commencing on a phased-in basis, the
16     opportunity for families within the school district to
17     apply for enrollment of their children in any attendance
18     center within the school district which does not have
19     selective admission requirements approved by the board.
20     The appropriate geographical area in which such open
21     enrollment may be exercised shall be determined by the
22     board of education. Such children may be admitted to any
23     such attendance center on a space available basis after all
24     children residing within such attendance center's area
25     have been accommodated. If the number of applicants from
26     outside the attendance area exceed the space available,

 

 

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1     then successful applicants shall be selected by lottery.
2     The board of education's open enrollment plan must include
3     provisions that allow low income students to have access to
4     transportation needed to exercise school choice. Open
5     enrollment shall be in compliance with the provisions of
6     the Consent Decree and Desegregation Plan cited in Section
7     34-1.01;
8         8. To approve programs and policies for providing
9     transportation services to students. Nothing herein shall
10     be construed to permit or empower the State Board of
11     Education to order, mandate, or require busing or other
12     transportation of pupils for the purpose of achieving
13     racial balance in any school;
14         9. Subject to the limitations in this Article, to
15     establish and approve system-wide curriculum objectives
16     and standards, including graduation standards, which
17     reflect the multi-cultural diversity in the city and are
18     consistent with State law, provided that for all purposes
19     of this Article courses or proficiency in American Sign
20     Language shall be deemed to constitute courses or
21     proficiency in a foreign language; and to employ principals
22     and teachers, appointed as provided in this Article, and
23     fix their compensation. The board shall prepare such
24     reports related to minimal competency testing as may be
25     requested by the State Board of Education, and in addition
26     shall monitor and approve special education and bilingual

 

 

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1     education programs and policies within the district to
2     assure that appropriate services are provided in
3     accordance with applicable State and federal laws to
4     children requiring services and education in those areas;
5         10. To employ non-teaching personnel or utilize
6     volunteer personnel for: (i) non-teaching duties not
7     requiring instructional judgment or evaluation of pupils,
8     including library duties; and (ii) supervising study
9     halls, long distance teaching reception areas used
10     incident to instructional programs transmitted by
11     electronic media such as computers, video, and audio,
12     detention and discipline areas, and school-sponsored
13     extracurricular activities. The board may further utilize
14     volunteer non-certificated personnel or employ
15     non-certificated personnel to assist in the instruction of
16     pupils under the immediate supervision of a teacher holding
17     a valid certificate, directly engaged in teaching subject
18     matter or conducting activities; provided that the teacher
19     shall be continuously aware of the non-certificated
20     persons' activities and shall be able to control or modify
21     them. The general superintendent shall determine
22     qualifications of such personnel and shall prescribe rules
23     for determining the duties and activities to be assigned to
24     such personnel;
25         10.5. To utilize volunteer personnel from a regional
26     School Crisis Assistance Team (S.C.A.T.), created as part

 

 

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1     of the Safe to Learn Program established pursuant to
2     Section 25 of the Illinois Violence Prevention Act of 1995,
3     to provide assistance to schools in times of violence or
4     other traumatic incidents within a school community by
5     providing crisis intervention services to lessen the
6     effects of emotional trauma on individuals and the
7     community; the School Crisis Assistance Team Steering
8     Committee shall determine the qualifications for
9     volunteers;
10         11. To provide television studio facilities in not to
11     exceed one school building and to provide programs for
12     educational purposes, provided, however, that the board
13     shall not construct, acquire, operate, or maintain a
14     television transmitter; to grant the use of its studio
15     facilities to a licensed television station located in the
16     school district; and to maintain and operate not to exceed
17     one school radio transmitting station and provide programs
18     for educational purposes;
19         12. To offer, if deemed appropriate, outdoor education
20     courses, including field trips within the State of
21     Illinois, or adjacent states, and to use school educational
22     funds for the expense of the said outdoor educational
23     programs, whether within the school district or not;
24         13. During that period of the calendar year not
25     embraced within the regular school term, to provide and
26     conduct courses in subject matters normally embraced in the

 

 

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1     program of the schools during the regular school term and
2     to give regular school credit for satisfactory completion
3     by the student of such courses as may be approved for
4     credit by the State Board of Education;
5         14. To insure against any loss or liability of the
6     board, the former School Board Nominating Commission,
7     Local School Councils, the Chicago Schools Academic
8     Accountability Council, or the former Subdistrict Councils
9     or of any member, officer, agent or employee thereof,
10     resulting from alleged violations of civil rights arising
11     from incidents occurring on or after September 5, 1967 or
12     from the wrongful or negligent act or omission of any such
13     person whether occurring within or without the school
14     premises, provided the officer, agent or employee was, at
15     the time of the alleged violation of civil rights or
16     wrongful act or omission, acting within the scope of his
17     employment or under direction of the board, the former
18     School Board Nominating Commission, the Chicago Schools
19     Academic Accountability Council, Local School Councils, or
20     the former Subdistrict Councils; and to provide for or
21     participate in insurance plans for its officers and
22     employees, including but not limited to retirement
23     annuities, medical, surgical and hospitalization benefits
24     in such types and amounts as may be determined by the
25     board; provided, however, that the board shall contract for
26     such insurance only with an insurance company authorized to

 

 

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1     do business in this State. Such insurance may include
2     provision for employees who rely on treatment by prayer or
3     spiritual means alone for healing, in accordance with the
4     tenets and practice of a recognized religious
5     denomination;
6         15. To contract with the corporate authorities of any
7     municipality or the county board of any county, as the case
8     may be, to provide for the regulation of traffic in parking
9     areas of property used for school purposes, in such manner
10     as is provided by Section 11-209 of The Illinois Vehicle
11     Code, approved September 29, 1969, as amended;
12         16. (a) To provide, on an equal basis, access to a high
13     school campus and student directory information to the
14     official recruiting representatives of the armed forces of
15     Illinois and the United States for the purposes of
16     informing students of the educational and career
17     opportunities available in the military if the board has
18     provided such access to persons or groups whose purpose is
19     to acquaint students with educational or occupational
20     opportunities available to them. The board is not required
21     to give greater notice regarding the right of access to
22     recruiting representatives than is given to other persons
23     and groups. In this paragraph 16, "directory information"
24     means a high school student's name, address, and telephone
25     number.
26         (b) If a student or his or her parent or guardian

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     opportunities available to them in various fields. For the
2     purposes of this paragraph, minority student means a person
3     who is:
4             (a) Black (a person having origins in any of the
5         black racial groups in Africa);
6             (b) Hispanic (a person of Spanish or Portuguese
7         culture with origins in Mexico, South or Central
8         America, or the Caribbean islands, regardless of
9         race);
10             (c) Asian American (a person having origins in any
11         of the original peoples of the Far East, Southeast
12         Asia, the Indian Subcontinent or the Pacific Islands);
13         or
14             (d) American Indian or Alaskan Native (a person
15         having origins in any of the original peoples of North
16         America).
17         Counseling days shall not be in lieu of regular school
18     days;
19         22. To report to the State Board of Education the
20     annual student dropout rate and number of students who
21     graduate from, transfer from or otherwise leave bilingual
22     programs;
23         23. Except as otherwise provided in the Abused and
24     Neglected Child Reporting Act or other applicable State or
25     federal law, to permit school officials to withhold, from
26     any person, information on the whereabouts of any child

 

 

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1     removed from school premises when the child has been taken
2     into protective custody as a victim of suspected child
3     abuse. School officials shall direct such person to the
4     Department of Children and Family Services, or to the local
5     law enforcement agency if appropriate;
6         24. To develop a policy, based on the current state of
7     existing school facilities, projected enrollment and
8     efficient utilization of available resources, for capital
9     improvement of schools and school buildings within the
10     district, addressing in that policy both the relative
11     priority for major repairs, renovations and additions to
12     school facilities, and the advisability or necessity of
13     building new school facilities or closing existing schools
14     to meet current or projected demographic patterns within
15     the district;
16         25. To make available to the students in every high
17     school attendance center the ability to take all courses
18     necessary to comply with the Board of Higher Education's
19     college entrance criteria effective in 1993;
20         26. To encourage mid-career changes into the teaching
21     profession, whereby qualified professionals become
22     certified teachers, by allowing credit for professional
23     employment in related fields when determining point of
24     entry on teacher pay scale;
25         27. To provide or contract out training programs for
26     administrative personnel and principals with revised or

 

 

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1     expanded duties pursuant to this Act in order to assure
2     they have the knowledge and skills to perform their duties;
3         28. To establish a fund for the prioritized special
4     needs programs, and to allocate such funds and other lump
5     sum amounts to each attendance center in a manner
6     consistent with the provisions of part 4 of Section 34-2.3.
7     Nothing in this paragraph shall be construed to require any
8     additional appropriations of State funds for this purpose;
9         29. (Blank);
10         30. Notwithstanding any other provision of this Act or
11     any other law to the contrary, to contract with third
12     parties for services otherwise performed by employees,
13     including those in a bargaining unit, and to layoff those
14     employees upon 14 days written notice to the affected
15     employees. Those contracts may be for a period not to
16     exceed 5 years and may be awarded on a system-wide basis;
17         31. To promulgate rules establishing procedures
18     governing the layoff or reduction in force of employees and
19     the recall of such employees, including, but not limited
20     to, criteria for such layoffs, reductions in force or
21     recall rights of such employees and the weight to be given
22     to any particular criterion. Such criteria shall take into
23     account factors including, but not be limited to,
24     qualifications, certifications, experience, performance
25     ratings or evaluations, and any other factors relating to
26     an employee's job performance;

 

 

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1         32. To develop a policy to prevent nepotism in the
2     hiring of personnel or the selection of contractors;
3         33. To enter into a partnership agreement, as required
4     by Section 34-3.5 of this Code, and, notwithstanding any
5     other provision of law to the contrary, to promulgate
6     policies, enter into contracts, and take any other action
7     necessary to accomplish the objectives and implement the
8     requirements of that agreement; and
9         34. To establish a Labor Management Council to the
10     board comprised of representatives of the board, the chief
11     executive officer, and those labor organizations that are
12     the exclusive representatives of employees of the board and
13     to promulgate policies and procedures for the operation of
14     the Council.
15     The specifications of the powers herein granted are not to
16 be construed as exclusive but the board shall also exercise all
17 other powers that they may be requisite or proper for the
18 maintenance and the development of a public school system, not
19 inconsistent with the other provisions of this Article or
20 provisions of this Code which apply to all school districts.
21     In addition to the powers herein granted and authorized to
22 be exercised by the board, it shall be the duty of the board to
23 review or to direct independent reviews of special education
24 expenditures and services. The board shall file a report of
25 such review with the General Assembly on or before May 1, 1990.
26 (Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02;

 

 

HB1975 - 20 - LRB095 06506 NHT 26607 b

1 92-724, eff. 7-25-02; 93-3, eff. 4-16-03; 93-1036, eff.
2 9-14-04.)