SB2482 Enrolled LRB095 17874 NHT 43954 b

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 1A-4, 1A-10, 1C-2, 2-3.11, 2-3.30, 2-3.73, 2-3.117, 10-20.40,
6 13B-65.10, 14-8.03, 14-15.01, 14C-2, 17-2.11, 18-3, 21-2,
7 21-14, 27-23, 27-24.4, and 34-18.34 as follows:
 
8     (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
9     (Text of Section before amendment by P.A. 95-626)
10     Sec. 1A-4. Powers and duties of the Board.
11     A. (Blank).
12     B. The Board shall determine the qualifications of and
13 appoint a chief education officer, to be known as the State
14 Superintendent of Education, who may be proposed by the
15 Governor and who shall serve at the pleasure of the Board and
16 pursuant to a performance-based contract linked to statewide
17 student performance and academic improvement within Illinois
18 schools. Upon expiration or buyout of the contract of the State
19 Superintendent of Education in office on the effective date of
20 this amendatory Act of the 93rd General Assembly, a State
21 Superintendent of Education shall be appointed by a State Board
22 of Education that includes the 7 new Board members who were
23 appointed to fill seats of members whose terms were terminated

 

 

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1 on the effective date of this amendatory Act of the 93rd
2 General Assembly. Thereafter, a State Superintendent of
3 Education must, at a minimum, be appointed at the beginning of
4 each term of a Governor after that Governor has made
5 appointments to the Board. A performance-based contract issued
6 for the employment of a State Superintendent of Education
7 entered into on or after the effective date of this amendatory
8 Act of the 93rd General Assembly must expire no later than
9 February 1, 2007, and subsequent contracts must expire no later
10 than February 1 each 4 years thereafter. No contract shall be
11 extended or renewed beyond February 1, 2007 and February 1 each
12 4 years thereafter, but a State Superintendent of Education
13 shall serve until his or her successor is appointed. Each
14 contract entered into on or before January 8, 2007 with a State
15 Superintendent of Education must provide that the State Board
16 of Education may terminate the contract for cause, and the
17 State Board of Education shall not thereafter be liable for
18 further payments under the contract. With regard to this
19 amendatory Act of the 93rd General Assembly, it is the intent
20 of the General Assembly that, beginning with the Governor who
21 takes office on the second Monday of January, 2007, a State
22 Superintendent of Education be appointed at the beginning of
23 each term of a Governor after that Governor has made
24 appointments to the Board. The State Superintendent of
25 Education shall not serve as a member of the State Board of
26 Education. The Board shall set the compensation of the State

 

 

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1 Superintendent of Education who shall serve as the Board's
2 chief executive officer. The Board shall also establish the
3 duties, powers and responsibilities of the State
4 Superintendent, which shall be included in the State
5 Superintendent's performance-based contract along with the
6 goals and indicators of student performance and academic
7 improvement used to measure the performance and effectiveness
8 of the State Superintendent. The State Board of Education may
9 delegate to the State Superintendent of Education the authority
10 to act on the Board's behalf, provided such delegation is made
11 pursuant to adopted board policy or the powers delegated are
12 ministerial in nature. The State Board may not delegate
13 authority under this Section to the State Superintendent to (1)
14 nonrecognize school districts, (2) withhold State payments as a
15 penalty, or (3) make final decisions under the contested case
16 provisions of the Illinois Administrative Procedure Act unless
17 otherwise provided by law.
18     C. The powers and duties of the State Board of Education
19 shall encompass all duties delegated to the Office of
20 Superintendent of Public Instruction on January 12, 1975,
21 except as the law providing for such powers and duties is
22 thereafter amended, and such other powers and duties as the
23 General Assembly shall designate. The Board shall be
24 responsible for the educational policies and guidelines for
25 public schools, pre-school through grade 12 and Vocational
26 Education in the State of Illinois. The Board shall analyze the

 

 

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1 present and future aims, needs, and requirements of education
2 in the State of Illinois and recommend to the General Assembly
3 the powers which should be exercised by the Board. The Board
4 shall recommend the passage and the legislation necessary to
5 determine the appropriate relationship between the Board and
6 local boards of education and the various State agencies and
7 shall recommend desirable modifications in the laws which
8 affect schools.
9     D. Two members of the Board shall be appointed by the
10 chairperson to serve on a standing joint Education Committee, 2
11 others shall be appointed from the Board of Higher Education, 2
12 others shall be appointed by the chairperson of the Illinois
13 Community College Board, and 2 others shall be appointed by the
14 chairperson of the Human Resource Investment Council. The
15 Committee shall be responsible for making recommendations
16 concerning the submission of any workforce development plan or
17 workforce training program required by federal law or under any
18 block grant authority. The Committee will be responsible for
19 developing policy on matters of mutual concern to elementary,
20 secondary and higher education such as Occupational and Career
21 Education, Teacher Preparation and Certification, Educational
22 Finance, Articulation between Elementary, Secondary and Higher
23 Education and Research and Planning. The joint Education
24 Committee shall meet at least quarterly and submit an annual
25 report of its findings, conclusions, and recommendations to the
26 State Board of Education, the Board of Higher Education, the

 

 

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1 Illinois Community College Board, the Human Resource
2 Investment Council, the Governor, and the General Assembly. All
3 meetings of this Committee shall be official meetings for
4 reimbursement under this Act.
5     E. Five members of the Board shall constitute a quorum. A
6 majority vote of the members appointed, confirmed and serving
7 on the Board is required to approve any action, except that the
8 7 new Board members who were appointed to fill seats of members
9 whose terms were terminated on the effective date of this
10 amendatory act of the 93rd General Assembly may vote to approve
11 actions when appointed and serving.
12     Using the most recently available data, the The Board shall
13 prepare and submit to the General Assembly and the Governor on
14 or before January 14, 1976 and annually thereafter a report or
15 reports of its findings and recommendations. Such annual report
16 shall contain a separate section which provides a critique and
17 analysis of the status of education in Illinois and which
18 identifies its specific problems and recommends express
19 solutions therefor. Such annual report also shall contain the
20 following information for the preceding year ending on June 30:
21 each act or omission of a school district of which the State
22 Board of Education has knowledge as a consequence of scheduled,
23 approved visits and which constituted a failure by the district
24 to comply with applicable State or federal laws or regulations
25 relating to public education, the name of such district, the
26 date or dates on which the State Board of Education notified

 

 

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1 the school district of such act or omission, and what action,
2 if any, the school district took with respect thereto after
3 being notified thereof by the State Board of Education. The
4 report shall also include the statewide high school dropout
5 rate by grade level, sex and race and the annual student
6 dropout rate of and the number of students who graduate from,
7 transfer from or otherwise leave bilingual programs. The
8 Auditor General shall annually perform a compliance audit of
9 the State Board of Education's performance of the reporting
10 duty imposed by this amendatory Act of 1986. A regular system
11 of communication with other directly related State agencies
12 shall be implemented.
13     The requirement for reporting to the General Assembly shall
14 be satisfied by filing copies of the report with the Speaker,
15 the Minority Leader and the Clerk of the House of
16 Representatives and the President, the Minority Leader and the
17 Secretary of the Senate and the Legislative Council, as
18 required by Section 3.1 of the General Assembly Organization
19 Act, and filing such additional copies with the State
20 Government Report Distribution Center for the General Assembly
21 as is required under paragraph (t) of Section 7 of the State
22 Library Act.
23     F. Upon appointment of the 7 new Board members who were
24 appointed to fill seats of members whose terms were terminated
25 on the effective date of this amendatory Act of the 93rd
26 General Assembly, the Board shall review all of its current

 

 

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1 rules in an effort to streamline procedures, improve
2 efficiency, and eliminate unnecessary forms and paperwork.
3 (Source: P.A. 93-1036, eff. 9-14-04.)
 
4     (Text of Section after amendment by P.A. 95-626)
5     Sec. 1A-4. Powers and duties of the Board.
6     A. (Blank).
7     B. The Board shall determine the qualifications of and
8 appoint a chief education officer, to be known as the State
9 Superintendent of Education, who may be proposed by the
10 Governor and who shall serve at the pleasure of the Board and
11 pursuant to a performance-based contract linked to statewide
12 student performance and academic improvement within Illinois
13 schools. Upon expiration or buyout of the contract of the State
14 Superintendent of Education in office on the effective date of
15 this amendatory Act of the 93rd General Assembly, a State
16 Superintendent of Education shall be appointed by a State Board
17 of Education that includes the 7 new Board members who were
18 appointed to fill seats of members whose terms were terminated
19 on the effective date of this amendatory Act of the 93rd
20 General Assembly. Thereafter, a State Superintendent of
21 Education must, at a minimum, be appointed at the beginning of
22 each term of a Governor after that Governor has made
23 appointments to the Board. A performance-based contract issued
24 for the employment of a State Superintendent of Education
25 entered into on or after the effective date of this amendatory

 

 

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1 Act of the 93rd General Assembly must expire no later than
2 February 1, 2007, and subsequent contracts must expire no later
3 than February 1 each 4 years thereafter. No contract shall be
4 extended or renewed beyond February 1, 2007 and February 1 each
5 4 years thereafter, but a State Superintendent of Education
6 shall serve until his or her successor is appointed. Each
7 contract entered into on or before January 8, 2007 with a State
8 Superintendent of Education must provide that the State Board
9 of Education may terminate the contract for cause, and the
10 State Board of Education shall not thereafter be liable for
11 further payments under the contract. With regard to this
12 amendatory Act of the 93rd General Assembly, it is the intent
13 of the General Assembly that, beginning with the Governor who
14 takes office on the second Monday of January, 2007, a State
15 Superintendent of Education be appointed at the beginning of
16 each term of a Governor after that Governor has made
17 appointments to the Board. The State Superintendent of
18 Education shall not serve as a member of the State Board of
19 Education. The Board shall set the compensation of the State
20 Superintendent of Education who shall serve as the Board's
21 chief executive officer. The Board shall also establish the
22 duties, powers and responsibilities of the State
23 Superintendent, which shall be included in the State
24 Superintendent's performance-based contract along with the
25 goals and indicators of student performance and academic
26 improvement used to measure the performance and effectiveness

 

 

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1 of the State Superintendent. The State Board of Education may
2 delegate to the State Superintendent of Education the authority
3 to act on the Board's behalf, provided such delegation is made
4 pursuant to adopted board policy or the powers delegated are
5 ministerial in nature. The State Board may not delegate
6 authority under this Section to the State Superintendent to (1)
7 nonrecognize school districts, (2) withhold State payments as a
8 penalty, or (3) make final decisions under the contested case
9 provisions of the Illinois Administrative Procedure Act unless
10 otherwise provided by law.
11     C. The powers and duties of the State Board of Education
12 shall encompass all duties delegated to the Office of
13 Superintendent of Public Instruction on January 12, 1975,
14 except as the law providing for such powers and duties is
15 thereafter amended, and such other powers and duties as the
16 General Assembly shall designate. The Board shall be
17 responsible for the educational policies and guidelines for
18 public schools, pre-school through grade 12 and Vocational
19 Education in the State of Illinois. The Board shall analyze the
20 present and future aims, needs, and requirements of education
21 in the State of Illinois and recommend to the General Assembly
22 the powers which should be exercised by the Board. The Board
23 shall recommend the passage and the legislation necessary to
24 determine the appropriate relationship between the Board and
25 local boards of education and the various State agencies and
26 shall recommend desirable modifications in the laws which

 

 

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1 affect schools.
2     D. Two members of the Board shall be appointed by the
3 chairperson to serve on a standing joint Education Committee, 2
4 others shall be appointed from the Board of Higher Education, 2
5 others shall be appointed by the chairperson of the Illinois
6 Community College Board, and 2 others shall be appointed by the
7 chairperson of the Human Resource Investment Council. The
8 Committee shall be responsible for making recommendations
9 concerning the submission of any workforce development plan or
10 workforce training program required by federal law or under any
11 block grant authority. The Committee will be responsible for
12 developing policy on matters of mutual concern to elementary,
13 secondary and higher education such as Occupational and Career
14 Education, Teacher Preparation and Certification, Educational
15 Finance, Articulation between Elementary, Secondary and Higher
16 Education and Research and Planning. The joint Education
17 Committee shall meet at least quarterly and submit an annual
18 report of its findings, conclusions, and recommendations to the
19 State Board of Education, the Board of Higher Education, the
20 Illinois Community College Board, the Human Resource
21 Investment Council, the Governor, and the General Assembly. All
22 meetings of this Committee shall be official meetings for
23 reimbursement under this Act. On the effective date of this
24 amendatory Act of the 95th General Assembly, the Joint
25 Education Committee is abolished.
26     E. Five members of the Board shall constitute a quorum. A

 

 

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1 majority vote of the members appointed, confirmed and serving
2 on the Board is required to approve any action, except that the
3 7 new Board members who were appointed to fill seats of members
4 whose terms were terminated on the effective date of this
5 amendatory act of the 93rd General Assembly may vote to approve
6 actions when appointed and serving.
7     Using the most recently available data, the The Board shall
8 prepare and submit to the General Assembly and the Governor on
9 or before January 14, 1976 and annually thereafter a report or
10 reports of its findings and recommendations. Such annual report
11 shall contain a separate section which provides a critique and
12 analysis of the status of education in Illinois and which
13 identifies its specific problems and recommends express
14 solutions therefor. Such annual report also shall contain the
15 following information for the preceding year ending on June 30:
16 each act or omission of a school district of which the State
17 Board of Education has knowledge as a consequence of scheduled,
18 approved visits and which constituted a failure by the district
19 to comply with applicable State or federal laws or regulations
20 relating to public education, the name of such district, the
21 date or dates on which the State Board of Education notified
22 the school district of such act or omission, and what action,
23 if any, the school district took with respect thereto after
24 being notified thereof by the State Board of Education. The
25 report shall also include the statewide high school dropout
26 rate by grade level, sex and race and the annual student

 

 

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1 dropout rate of and the number of students who graduate from,
2 transfer from or otherwise leave bilingual programs. The
3 Auditor General shall annually perform a compliance audit of
4 the State Board of Education's performance of the reporting
5 duty imposed by this amendatory Act of 1986. A regular system
6 of communication with other directly related State agencies
7 shall be implemented.
8     The requirement for reporting to the General Assembly shall
9 be satisfied by filing copies of the report with the Speaker,
10 the Minority Leader and the Clerk of the House of
11 Representatives and the President, the Minority Leader and the
12 Secretary of the Senate and the Legislative Council, as
13 required by Section 3.1 of the General Assembly Organization
14 Act, and filing such additional copies with the State
15 Government Report Distribution Center for the General Assembly
16 as is required under paragraph (t) of Section 7 of the State
17 Library Act.
18     F. Upon appointment of the 7 new Board members who were
19 appointed to fill seats of members whose terms were terminated
20 on the effective date of this amendatory Act of the 93rd
21 General Assembly, the Board shall review all of its current
22 rules in an effort to streamline procedures, improve
23 efficiency, and eliminate unnecessary forms and paperwork.
24 (Source: P.A. 95-626, eff. 6-1-08.)
 
25     (105 ILCS 5/1A-10)

 

 

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1     Sec. 1A-10. Divisions of Board. The State Board of
2 Education shall, before April 1, 2005, create divisions within
3 the Board, including without limitation the following:
4         (1) Teaching and Learning Services for All Children.
5         (2) School Support Services for All Schools.
6         (3) Fiscal Support Services.
7         (4) (Blank). Special Education Services.
8         (5) Internal Auditor.
9         (6) Human Resources.
10 The State Board of Education may, after consultation with the
11 General Assembly, add any divisions or functions to the Board
12 that it deems appropriate and consistent with Illinois law.
13 (Source: P.A. 93-1036, eff. 9-14-04.)
 
14     (105 ILCS 5/1C-2)
15     Sec. 1C-2. Block grants.
16     (a) For fiscal year 1999, and each fiscal year thereafter,
17 the State Board of Education shall award to school districts
18 block grants as described in subsection subsections (b) and
19 (c). The State Board of Education may adopt rules and
20 regulations necessary to implement this Section. In accordance
21 with Section 2-3.32, all state block grants are subject to an
22 audit. Therefore, block grant receipts and block grant
23 expenditures shall be recorded to the appropriate fund code.
24     (b) (Blank). A Professional Development Block Grant shall
25 be created by combining the existing School Improvement Block

 

 

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1 Grant and the REI Initiative. These funds shall be distributed
2 to school districts based on the number of full-time certified
3 instructional staff employed in the district.
4     (c) An Early Childhood Education Block Grant shall be
5 created by combining the following programs: Preschool
6 Education, Parental Training and Prevention Initiative. These
7 funds shall be distributed to school districts and other
8 entities on a competitive basis. Eleven percent of this grant
9 shall be used to fund programs for children ages 0-3.
10 (Source: P.A. 93-396, eff. 7-29-03.)
 
11     (105 ILCS 5/2-3.11)  (from Ch. 122, par. 2-3.11)
12     Sec. 2-3.11. Report to Governor and General Assembly. Using
13 the most recently available data, to To report to the Governor
14 and General Assembly annually on or before January 14 the
15 condition of the schools of the State for the preceding year,
16 ending on June 30.
17     Such annual report shall contain reports of the State
18 Teacher Certification Board; the schools of the State
19 charitable institutions; reports on driver education, special
20 education, and transportation; and for such year the annual
21 statistical reports of the State Board of Education, including
22 the number and kinds of school districts; number of school
23 attendance centers; number of men and women teachers;
24 enrollment by grades; total enrollment; total days attendance;
25 total days absence; average daily attendance; number of

 

 

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1 elementary and secondary school graduates; assessed valuation;
2 tax levies and tax rates for various purposes; amount of
3 teachers' orders, anticipation warrants, and bonds
4 outstanding; and number of men and women teachers and total
5 enrollment of private schools. The report shall give for all
6 school districts receipts from all sources and expenditures for
7 all purposes for each fund; the total operating expense, the
8 per capita cost, and instructional expenditures; federal and
9 state aids and reimbursements; new school buildings, and
10 recognized schools; together with such other information and
11 suggestions as the State Board of Education may deem important
12 in relation to the schools and school laws and the means of
13 promoting education throughout the state.
14     In this Section, "instructional expenditures" means the
15 annual expenditures of school districts properly attributable
16 to expenditure functions defined in rules of the State Board of
17 Education as: 1100 (Regular Education); 1200-1220 (Special
18 Education); 1250 (Ed. Deprived/Remedial); 1400 (Vocational
19 Programs); 1600 (Summer School); 1650 (Gifted); 1800
20 (Bilingual Programs); 1900 (Truant Alternative); 2110
21 (Attendance and Social Work Services); 2120 (Guidance
22 Services); 2130 (Health Services); 2140 (Psychological
23 Services); 2150 (Speech Pathology and Audiology Services);
24 2190 (Other Support Services Pupils); 2210 (Improvement of
25 Instruction); 2220 (Educational Media Services); 2230
26 (Assessment and Testing); 2540 (Operation and Maintenance of

 

 

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1 Plant Services); 2550 (Pupil Transportation Service); 2560
2 (Food Service); 4110 (Payments for Regular Programs); 4120
3 (Payments for Special Education Programs); 4130 (Payments for
4 Adult Education Programs); 4140 (Payments for Vocational
5 Education Programs); 4170 (Payments for Community College
6 Programs); 4190 (Other payments to in-state government units);
7 and 4200 (Other payments to out of state government units).
8 (Source: P.A. 93-679, eff. 6-30-04.)
 
9     (105 ILCS 5/2-3.30)  (from Ch. 122, par. 2-3.30)
10     Sec. 2-3.30. Census for special education. To require on or
11 before December 22 of each year reports as to the census of all
12 children 3 years of age birth through 21 years of age inclusive
13 of the types described in definitions under the rules
14 authorized in Section 14-1.02 who were receiving special
15 education and related services on December 1 of the current
16 school year.
17     To require an annual report, on or before December 22 of
18 each year, from the Department of Children and Family Services,
19 Department of Corrections, and Department of Human Services
20 containing a census of all children 3 years of age birth
21 through 21 years of age inclusive, of the types described in
22 Section 14-1.02 who were receiving special education services
23 on December 1 of the current school year within State
24 facilities. Such report shall be submitted pursuant to rules
25 and regulations issued by the State Board of Education.

 

 

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1     The State Board of Education shall ascertain and report
2 annually, on or before January 15, the number of children of
3 non-English background, birth through 21 years of age,
4 inclusive of (a) types described in definitions under rules
5 authorized in Section 14-1.02 who were receiving special
6 education and related services on December of the previous year
7 and (b) inclusive of those served within State facilities
8 administered by the Department of Children and Family Services
9 and the Department of Human Services. The report shall classify
10 such children according to their language background, age,
11 category of exceptionality and level of severity, least
12 restrictive placement and achievement level.
13 (Source: P.A. 91-764, eff. 6-9-00.)
 
14     (105 ILCS 5/2-3.73)  (from Ch. 122, par. 2-3.73)
15     Sec. 2-3.73. Missing child program. The State Board of
16 Education shall administer and implement a missing child
17 program in accordance with the provisions of this Section. Upon
18 receipt of each periodic information bulletin from the
19 Department of State Police pursuant to Section 6 of the
20 Intergovernmental Missing Child Recovery Act of 1984, the State
21 Board of Education shall promptly disseminate the information
22 to make copies of the same and mail one copy to the school
23 board of each school district in this State and to the
24 principal or chief administrative officer of every each
25 nonpublic elementary and secondary school in this State

 

 

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1 registered with the State Board of Education. Upon receipt of
2 such information, each school board shall compare the names on
3 the bulletin to the names of all students presently enrolled in
4 the schools of the district. If a school board or its designee
5 determines that a missing child is attending one of the schools
6 within the school district, or if the principal or chief
7 administrative officer of a nonpublic school is notified by
8 school personnel that a missing child is attending that school,
9 the school board or the principal or chief administrative
10 officer of the nonpublic school shall immediately give notice
11 of this fact to the State Board of Education, the Department of
12 State Police, and the law enforcement agency having
13 jurisdiction in the area where the missing child resides or
14 attends school.
15 (Source: P.A. 91-357, eff. 7-29-99.)
 
16     (105 ILCS 5/2-3.117)
17     Sec. 2-3.117. School Technology Program.
18     (a) The State Board of Education is authorized to provide
19 technology-based learning resources, including matching
20 grants, to school districts to improve educational
21 opportunities and student achievement throughout the State.
22 School districts may use grants for technology-related
23 investments, including computer hardware, software, optical
24 media networks, and related wiring, to educate staff to use
25 that equipment in a learning context, and for other items

 

 

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1 defined under rules adopted by the State Board of Education.
2     (b) The State Board of Education is authorized, to the
3 extent funds are available, to establish a statewide support
4 system for information, professional development, technical
5 assistance, network design consultation, leadership,
6 technology planning consultation, and information exchange; to
7 expand school district connectivity; and to increase the
8 quantity and quality of student and educator access to on-line
9 resources, experts, and communications avenues from moneys
10 appropriated for the purposes of this Section.
11     (b-5) The State Board of Education may enter into
12 intergovernmental contracts or agreements with other State
13 agencies, public community colleges, public libraries, public
14 and private colleges and universities, museums on public land,
15 and other public agencies in the areas of technology,
16 telecommunications, and information access, under such terms
17 as the parties may agree, provided that those contracts and
18 agreements are in compliance with the Department of Central
19 Management Services' mandate to provide telecommunications
20 services to all State agencies.
21     (c) (Blank). The State Board of Education shall adopt all
22 rules necessary for the administration of the School Technology
23 Program, including but not limited to rules defining the
24 technology-related investments that qualify for funding, the
25 content of grant applications and reports, and the requirements
26 for the local match.

 

 

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1     (d) (Blank). The State Board of Education may establish by
2 rule provisions to waive the local matching requirement for
3 school districts determined unable to finance the local match.
4 (Source: P.A. 89-21, eff. 7-1-95; 90-388, eff. 8-15-97; 90-566,
5 eff. 1-2-98.)
 
6     (105 ILCS 5/10-20.40)
7     Sec. 10-20.40. Student biometric information.
8     (a) For the purposes of this Section, "biometric
9 information" means any information that is collected through an
10 identification process for individuals based on their unique
11 behavioral or physiological characteristics, including
12 fingerprint, hand geometry, voice, or facial recognition or
13 iris or retinal scans.
14     (b) School districts that collect biometric information
15 from students shall adopt policies that require, at a minimum,
16 all of the following:
17         (1) Written permission from the individual who has
18     legal custody of the student, as defined in Section
19     10-20.12b of this Code, or from the student if he or she
20     has reached the age of 18.
21         (2) The discontinuation of use of a student's biometric
22     information under either of the following conditions:
23             (A) upon the student's graduation or withdrawal
24         from the school district; or
25             (B) upon receipt in writing of a request for

 

 

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1         discontinuation by the individual having legal custody
2         of the student or by the student if he or she has
3         reached the age of 18.
4         (3) The destruction of all of a student's biometric
5     information within 30 days after the use of the biometric
6     information is discontinued in accordance with item (2) of
7     this subsection (b).
8         (4) The use of biometric information solely for
9     identification or fraud prevention.
10         (5) A prohibition on the sale, lease, or other
11     disclosure of biometric information to another person or
12     entity, unless:
13             (A) the individual who has legal custody of the
14         student or the student, if he or she has reached the
15         age of 18, consents to the disclosure; or
16             (B) the disclosure is required by court order.
17         (6) The storage, transmittal, and protection of all
18     biometric information from disclosure.
19     (c) Failure to provide written consent under item (1) of
20 subsection (b) of this Section by the individual who has legal
21 custody of the student or by the student, if he or she has
22 reached the age of 18, must not be the basis for refusal of any
23 services otherwise available to the student.
24     (d) Student biometric information may be destroyed without
25 notification to or the approval of a local records commission
26 under the Local Records Act if destroyed within 30 days after

 

 

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1 the use of the biometric information is discontinued in
2 accordance with item (2) of subsection (b) of this Section.
3 (Source: P.A. 95-232, eff. 8-16-07.)
 
4     (105 ILCS 5/13B-65.10)
5     Sec. 13B-65.10. Continuing professional development for
6 teachers. Teachers may receive continuing education units or
7 continuing professional development units, subject to the
8 provisions of Section 13B-65.5 of this Code, for professional
9 development related to alternative learning.
10 (Source: P.A. 92-42, eff. 1-1-02.)
 
11     (105 ILCS 5/14-8.03)  (from Ch. 122, par. 14-8.03)
12     Sec. 14-8.03. Transition goals, supports, and services.
13     (a) A school district shall consider, and develop when
14 needed, the transition goals and supports for eligible students
15 with disabilities not later than the school year in which the
16 student reaches age 14 1/2 at the individualized education plan
17 meeting and provide services as identified on the student's
18 individualized education plan. Transition goals shall be based
19 on appropriate evaluation procedures and information, take
20 into consideration the preferences of the student and his or
21 her parents or guardian, be outcome-oriented, and include
22 employment, post-secondary education, and community living
23 alternatives. Consideration of these goals shall result in the
24 clarification of a school district's responsibility to deliver

 

 

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1 specific educational services such as vocational training and
2 community living skills instruction.
3     (b) To appropriately assess and plan for the student's
4 transition needs, additional individualized education plan
5 team members may be necessary and may be asked by the school
6 district to assist in the planning process. Additional
7 individualized education plan team members may include a
8 representative from the Department of Human Services, a case
9 coordinator, or persons representing other community agencies
10 or services. The individualized education plan shall specify
11 each person responsible for coordinating and delivering
12 transition services. The public school's responsibility for
13 delivering educational services does not extend beyond the time
14 the student leaves school or when the student reaches age 21
15 inclusive, which for purposes of this Article means the day
16 before the student's 22nd birthday.
17     (c) A school district shall submit annually a summary of
18 each eligible student's transition goals and needed supports
19 resulting from the individualized education plan team meeting
20 to the appropriate local Transition Planning Committee. If
21 students with disabilities who are ineligible for special
22 education services request transition services, local public
23 school districts shall assist those students by identifying
24 post-secondary school goals, delivering appropriate education
25 services, and coordinating with other agencies and services for
26 assistance.

 

 

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1 (Source: P.A. 92-452, eff. 8-21-01.)
 
2     (105 ILCS 5/14-15.01)  (from Ch. 122, par. 14-15.01)
3     Sec. 14-15.01. Community and Residential Services
4 Authority.
5     (a) (1) The Community and Residential Services Authority is
6 hereby created and shall consist of the following members:
7     A representative of the State Board of Education;
8     Four representatives of the Department of Human Services
9 appointed by the Secretary of Human Services, with one member
10 from the Division of Community Health and Prevention, one
11 member from the Division the Office of Developmental
12 Disabilities of the Division of Disability and Behavioral
13 Health Services, one member from the Division the Office of
14 Mental Health of the Division of Disability and Behavioral
15 Health Services, and one member from the Division of the Office
16 of Rehabilitation Services of the Division of Disability and
17 Behavioral Health Services;
18     A representative of the Department of Children and Family
19 Services;
20     A representative of the Department of Juvenile Justice
21 Corrections;
22     A representative of the Department of Healthcare and Family
23 Services;
24     A representative of the Attorney General's Disability
25 Rights Advocacy Division;

 

 

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1     The Chairperson and Minority Spokesperson of the House and
2 Senate Committees on Elementary and Secondary Education or
3 their designees; and
4     Six persons appointed by the Governor. Five of such
5 appointees shall be experienced or knowledgeable relative to
6 provision of services for individuals with a behavior disorder
7 or a severe emotional disturbance and shall include
8 representatives of both the private and public sectors, except
9 that no more than 2 of those 5 appointees may be from the
10 public sector and at least 2 must be or have been directly
11 involved in provision of services to such individuals. The
12 remaining member appointed by the Governor shall be or shall
13 have been a parent of an individual with a behavior disorder or
14 a severe emotional disturbance, and that appointee may be from
15 either the private or the public sector.
16     (2) Members appointed by the Governor shall be appointed
17 for terms of 4 years and shall continue to serve until their
18 respective successors are appointed; provided that the terms of
19 the original appointees shall expire on August 1, 1990, and the
20 term of the additional member appointed under this amendatory
21 Act of 1992 shall commence upon the appointment and expire
22 August 1, 1994. Any vacancy in the office of a member appointed
23 by the Governor shall be filled by appointment of the Governor
24 for the remainder of the term.
25     A vacancy in the office of a member appointed by the
26 Governor exists when one or more of the following events occur:

 

 

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1         (i) An appointee dies;
2         (ii) An appointee files a written resignation with the
3     Governor;
4         (iii) An appointee ceases to be a legal resident of the
5     State of Illinois; or
6         (iv) An appointee fails to attend a majority of
7     regularly scheduled Authority meetings in a fiscal year.
8     Members who are representatives of an agency shall serve at
9 the will of the agency head. Membership on the Authority shall
10 cease immediately upon cessation of their affiliation with the
11 agency. If such a vacancy occurs, the appropriate agency head
12 shall appoint another person to represent the agency.
13     If a legislative member of the Authority ceases to be
14 Chairperson or Minority Spokesperson of the designated
15 Committees, they shall automatically be replaced on the
16 Authority by the person who assumes the position of Chairperson
17 or Minority Spokesperson.
18     (b) The Community and Residential Services Authority shall
19 have the following powers and duties:
20         (1) To conduct surveys to determine the extent of need,
21     the degree to which documented need is currently being met
22     and feasible alternatives for matching need with
23     resources.
24         (2) To develop policy statements for interagency
25     cooperation to cover all aspects of service delivery,
26     including laws, regulations and procedures, and clear

 

 

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1     guidelines for determining responsibility at all times.
2         (3) To recommend policy statements and provide
3     information regarding effective programs for delivery of
4     services to all individuals under 22 years of age with a
5     behavior disorder or a severe emotional disturbance in
6     public or private situations.
7         (4) To review the criteria for service eligibility,
8     provision and availability established by the governmental
9     agencies represented on this Authority, and to recommend
10     changes, additions or deletions to such criteria.
11         (5) To develop and submit to the Governor, the General
12     Assembly, the Directors of the agencies represented on the
13     Authority, and the State Board of Education a master plan
14     for individuals under 22 years of age with a behavior
15     disorder or a severe emotional disturbance, including
16     detailed plans of service ranging from the least to the
17     most restrictive options; and to assist local communities,
18     upon request, in developing or strengthening collaborative
19     interagency networks.
20         (6) To develop a process for making determinations in
21     situations where there is a dispute relative to a plan of
22     service for individuals or funding for a plan of service.
23         (7) To provide technical assistance to parents,
24     service consumers, providers, and member agency personnel
25     regarding statutory responsibilities of human service and
26     educational agencies, and to provide such assistance as

 

 

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1     deemed necessary to appropriately access needed services.
2     (c) (1) The members of the Authority shall receive no
3 compensation for their services but shall be entitled to
4 reimbursement of reasonable expenses incurred while performing
5 their duties.
6     (2) The Authority may appoint special study groups to
7 operate under the direction of the Authority and persons
8 appointed to such groups shall receive only reimbursement of
9 reasonable expenses incurred in the performance of their
10 duties.
11     (3) The Authority shall elect from its membership a
12 chairperson, vice-chairperson and secretary.
13     (4) The Authority may employ and fix the compensation of
14 such employees and technical assistants as it deems necessary
15 to carry out its powers and duties under this Act. Staff
16 assistance for the Authority shall be provided by the State
17 Board of Education.
18     (5) Funds for the ordinary and contingent expenses of the
19 Authority shall be appropriated to the State Board of Education
20 in a separate line item.
21     (d) (1) The Authority shall have power to promulgate rules
22 and regulations to carry out its powers and duties under this
23 Act.
24     (2) The Authority may accept monetary gifts or grants from
25 the federal government or any agency thereof, from any
26 charitable foundation or professional association or from any

 

 

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1 other reputable source for implementation of any program
2 necessary or desirable to the carrying out of the general
3 purposes of the Authority. Such gifts and grants may be held in
4 trust by the Authority and expended in the exercise of its
5 powers and performance of its duties as prescribed by law.
6     (3) The Authority shall submit an annual report of its
7 activities and expenditures to the Governor, the General
8 Assembly, the directors of agencies represented on the
9 Authority, and the State Superintendent of Education.
10 (Source: P.A. 95-331, eff. 8-21-07.)
 
11     (105 ILCS 5/14C-2)  (from Ch. 122, par. 14C-2)
12     Sec. 14C-2. Definitions. Unless the context indicates
13 otherwise, the terms used in this Article have the following
14 meanings:
15     (a) "State Board" means the State Board of Education.
16     (b) "Certification Board" means the State Teacher
17 Certification Board.
18     (c) "School District" means any school district
19 established under this Code.
20     (d) "Children of limited English-speaking ability" means
21 (1) all children in grades pre-K through 12 who were not born
22 in the United States, whose native tongue is a language other
23 than English, and who are incapable of performing ordinary
24 classwork in English; and (2) all children in grades pre-K
25 through 12 who were born in the United States of parents

 

 

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1 possessing no or limited English-speaking ability and who are
2 incapable of performing ordinary classwork in English.
3     (e) "Teacher of transitional bilingual education" means a
4 teacher with a speaking and reading ability in a language other
5 than English in which transitional bilingual education is
6 offered and with communicative skills in English.
7     (f) "Program in transitional bilingual education" means a
8 full-time program of instruction (1) in all those courses or
9 subjects which a child is required by law to receive and which
10 are required by the child's school district which shall be
11 given in the native language of the children of limited
12 English-speaking ability who are enrolled in the program and
13 also in English, (2) in the reading and writing of the native
14 language of the children of limited English-speaking ability
15 who are enrolled in the program and in the oral comprehension,
16 speaking, reading and writing of English, and (3) in the
17 history and culture of the country, territory or geographic
18 area which is the native land of the parents of children of
19 limited English-speaking ability who are enrolled in the
20 program and in the history and culture of the United States; or
21 a part-time program of instruction based on the educational
22 needs of those children of limited English-speaking ability who
23 do not need a full-time program of instruction.
24 (Source: P.A. 86-1028.)
 
25     (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)

 

 

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1     Sec. 17-2.11. School board power to levy a tax or to borrow
2 money and issue bonds for fire prevention, safety, energy
3 conservation, disabled accessibility, school security, and
4 specified repair purposes.
5     (a) Whenever, as a result of any lawful order of any
6 agency, other than a school board, having authority to enforce
7 any school building code applicable to any facility that houses
8 students, or any law or regulation for the protection and
9 safety of the environment, pursuant to the Environmental
10 Protection Act, any school district having a population of less
11 than 500,000 inhabitants is required to alter or reconstruct
12 any school building or permanent, fixed equipment; the district
13 may, by proper resolution, levy a tax for the purpose of making
14 such alteration or reconstruction, based on a survey report by
15 an architect or engineer licensed in this State, upon all of
16 the taxable property of the district at the value as assessed
17 by the Department of Revenue and at a rate not to exceed 0.05%
18 per year for a period sufficient to finance such alteration or
19 reconstruction, upon the following conditions:
20         (1) When there are not sufficient funds available in
21     the operations and maintenance fund of the school district,
22     the school facility occupation tax fund of the district, or
23     the fire prevention and safety fund of the district, as
24     determined by the district on the basis of rules adopted by
25     the State Board of Education, to make such alteration or
26     reconstruction or to purchase and install such permanent,

 

 

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1     fixed equipment so ordered or determined as necessary.
2     Appropriate school district records must be made available
3     to the State Superintendent of Education, upon request, to
4     confirm this insufficiency.
5         (2) When a certified estimate of an architect or
6     engineer licensed in this State stating the estimated
7     amount necessary to make the alteration or reconstruction
8     or to purchase and install the equipment so ordered has
9     been secured by the school district, and the estimate has
10     been approved by the regional superintendent of schools
11     having jurisdiction over the district and the State
12     Superintendent of Education. Approval must not be granted
13     for any work that has already started without the prior
14     express authorization of the State Superintendent of
15     Education. If the estimate is not approved or is denied
16     approval by the regional superintendent of schools within 3
17     months after the date on which it is submitted to him or
18     her, the school board of the district may submit the
19     estimate directly to the State Superintendent of Education
20     for approval or denial.
21     (b) Whenever or whenever any such district determines that
22 it is necessary for energy conservation purposes that any
23 school building or permanent, fixed equipment should be altered
24 or reconstructed and that such alterations or reconstruction
25 will be made with funds not necessary for the completion of
26 approved and recommended projects contained in any safety

 

 

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1 survey report or amendments thereto authorized by Section
2 2-3.12 of this Act; the district may levy a tax or issue bonds
3 as provided in subsection (a) of this Section.
4     (c) Whenever or whenever any such district determines that
5 it is necessary for disabled accessibility purposes and to
6 comply with the school building code that any school building
7 or equipment should be altered or reconstructed and that such
8 alterations or reconstruction will be made with funds not
9 necessary for the completion of approved and recommended
10 projects contained in any safety survey report or amendments
11 thereto authorized under Section 2-3.12 of this Act, the
12 district may levy a tax or issue bonds as provided in
13 subsection (a) of this Section. ; or whenever
14     (d) Whenever any such district determines that it is
15 necessary for school security purposes and the related
16 protection and safety of pupils and school personnel that any
17 school building or property should be altered or reconstructed
18 or that security systems and equipment (including but not
19 limited to intercom, early detection and warning, access
20 control and television monitoring systems) should be purchased
21 and installed, and that such alterations, reconstruction or
22 purchase and installation of equipment will be made with funds
23 not necessary for the completion of approved and recommended
24 projects contained in any safety survey report or amendment
25 thereto authorized by Section 2-3.12 of this Act and will deter
26 and prevent unauthorized entry or activities upon school

 

 

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1 property by unknown or dangerous persons, assure early
2 detection and advance warning of any such actual or attempted
3 unauthorized entry or activities and help assure the continued
4 safety of pupils and school staff if any such unauthorized
5 entry or activity is attempted or occurs; the district may levy
6 a tax or issue bonds as provided in subsection (a) of this
7 Section.
8     (e) If or if a school district does not need funds for
9 other fire prevention and safety projects, including the
10 completion of approved and recommended projects contained in
11 any safety survey report or amendments thereto authorized by
12 Section 2-3.12 of this Act, and it is determined after a public
13 hearing (which is preceded by at least one published notice (i)
14 occurring at least 7 days prior to the hearing in a newspaper
15 of general circulation within the school district and (ii)
16 setting forth the time, date, place, and general subject matter
17 of the hearing) that there is a substantial, immediate, and
18 otherwise unavoidable threat to the health, safety, or welfare
19 of pupils due to disrepair of school sidewalks, playgrounds,
20 parking lots, or school bus turnarounds and repairs must be
21 made; then the district may levy a tax or issue bonds as
22 provided in subsection (a) of this Section. : then in any such
23 event, such district may, by proper resolution, levy a tax for
24 the purpose of making such alteration or reconstruction, based
25 on a survey report by an architect or engineer licensed in the
26 State of Illinois, upon all the taxable property of the

 

 

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1 district at the value as assessed by the Department of Revenue
2 at a rate not to exceed .05% per year for a period sufficient
3 to finance such alterations, repairs, or reconstruction, upon
4 the following conditions:
5         (a) When there are not sufficient funds available in
6     the operations and maintenance fund of the district, the
7     school facility occupation tax fund of the district, or the
8     fire prevention and safety fund of the district as
9     determined by the district on the basis of regulations
10     adopted by the State Board of Education to make such
11     alterations, repairs, or reconstruction, or to purchase
12     and install such permanent fixed equipment so ordered or
13     determined as necessary. Appropriate school district
14     records shall be made available to the State Superintendent
15     of Education upon request to confirm such insufficiency.
16         (b) When a certified estimate of an architect or
17     engineer licensed in the State of Illinois stating the
18     estimated amount necessary to make the alterations or
19     repairs, or to purchase and install such equipment so
20     ordered has been secured by the district, and the estimate
21     has been approved by the regional superintendent of
22     schools, having jurisdiction of the district, and the State
23     Superintendent of Education. Approval shall not be granted
24     for any work that has already started without the prior
25     express authorization of the State Superintendent of
26     Education. If such estimate is not approved or denied

 

 

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1     approval by the regional superintendent of schools within 3
2     months after the date on which it is submitted to him or
3     her, the school board of the district may submit such
4     estimate directly to the State Superintendent of Education
5     for approval or denial.
6     (f) For purposes of this Section a school district may
7 replace a school building or build additions to replace
8 portions of a building when it is determined that the
9 effectuation of the recommendations for the existing building
10 will cost more than the replacement costs. Such determination
11 shall be based on a comparison of estimated costs made by an
12 architect or engineer licensed in the State of Illinois. The
13 new building or addition shall be equivalent in area (square
14 feet) and comparable in purpose and grades served and may be on
15 the same site or another site. Such replacement may only be
16 done upon order of the regional superintendent of schools and
17 the approval of the State Superintendent of Education.
18     (g) The filing of a certified copy of the resolution
19 levying the tax when accompanied by the certificates of the
20 regional superintendent of schools and State Superintendent of
21 Education shall be the authority of the county clerk to extend
22 such tax.
23     (h) The county clerk of the county in which any school
24 district levying a tax under the authority of this Section is
25 located, in reducing raised levies, shall not consider any such
26 tax as a part of the general levy for school purposes and shall

 

 

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1 not include the same in the limitation of any other tax rate
2 which may be extended.
3     Such tax shall be levied and collected in like manner as
4 all other taxes of school districts, subject to the provisions
5 contained in this Section.
6     (i) The tax rate limit specified in this Section may be
7 increased to .10% upon the approval of a proposition to effect
8 such increase by a majority of the electors voting on that
9 proposition at a regular scheduled election. Such proposition
10 may be initiated by resolution of the school board and shall be
11 certified by the secretary to the proper election authorities
12 for submission in accordance with the general election law.
13     (j) When taxes are levied by any school district for fire
14 prevention, safety, energy conservation, and school security
15 purposes as specified in this Section, and the purposes for
16 which the taxes have been levied are accomplished and paid in
17 full, and there remain funds on hand in the Fire Prevention and
18 Safety Fund from the proceeds of the taxes levied, including
19 interest earnings thereon, the school board by resolution shall
20 use such excess and other board restricted funds, excluding
21 bond proceeds and earnings from such proceeds, as follows:
22         (1) for other authorized fire prevention, safety,
23     energy conservation, and school security purposes; or
24         (2) for transfer to the Operations and Maintenance Fund
25     for the purpose of abating an equal amount of operations
26     and maintenance purposes taxes.

 

 

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1     (k) If any transfer is made to the Operation and
2 Maintenance Fund, the secretary of the school board shall
3 within 30 days notify the county clerk of the amount of that
4 transfer and direct the clerk to abate the taxes to be extended
5 for the purposes of operations and maintenance authorized under
6 Section 17-2 of this Act by an amount equal to such transfer.
7     (l) If the proceeds from the tax levy authorized by this
8 Section are insufficient to complete the work approved under
9 this Section, the school board is authorized to sell bonds
10 without referendum under the provisions of this Section in an
11 amount that, when added to the proceeds of the tax levy
12 authorized by this Section, will allow completion of the
13 approved work.
14     (m) Any Such bonds issued pursuant to this Section shall
15 bear interest at a rate not to exceed the maximum rate
16 authorized by law at the time of the making of the contract,
17 shall mature within 20 years from date, and shall be signed by
18 the president of the school board and the treasurer of the
19 school district.
20     (n) In order to authorize and issue such bonds, the school
21 board shall adopt a resolution fixing the amount of bonds, the
22 date thereof, the maturities thereof, rates of interest
23 thereof, place of payment and denomination, which shall be in
24 denominations of not less than $100 and not more than $5,000,
25 and provide for the levy and collection of a direct annual tax
26 upon all the taxable property in the school district sufficient

 

 

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1 to pay the principal and interest on such bonds to maturity.
2 Upon the filing in the office of the county clerk of the county
3 in which the school district is located of a certified copy of
4 the resolution, it is the duty of the county clerk to extend
5 the tax therefor in addition to and in excess of all other
6 taxes heretofore or hereafter authorized to be levied by such
7 school district.
8     (o) After the time such bonds are issued as provided for by
9 this Section, if additional alterations or reconstructions are
10 required to be made because of surveys conducted by an
11 architect or engineer licensed in the State of Illinois, the
12 district may levy a tax at a rate not to exceed .05% per year
13 upon all the taxable property of the district or issue
14 additional bonds, whichever action shall be the most feasible.
15     (p) This Section is cumulative and constitutes complete
16 authority for the issuance of bonds as provided in this Section
17 notwithstanding any other statute or law to the contrary.
18     (q) With respect to instruments for the payment of money
19 issued under this Section either before, on, or after the
20 effective date of Public Act 86-004 (June 6, 1989), it is, and
21 always has been, the intention of the General Assembly (i) that
22 the Omnibus Bond Acts are, and always have been, supplementary
23 grants of power to issue instruments in accordance with the
24 Omnibus Bond Acts, regardless of any provision of this Act that
25 may appear to be or to have been more restrictive than those
26 Acts, (ii) that the provisions of this Section are not a

 

 

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1 limitation on the supplementary authority granted by the
2 Omnibus Bond Acts, and (iii) that instruments issued under this
3 Section within the supplementary authority granted by the
4 Omnibus Bond Acts are not invalid because of any provision of
5 this Act that may appear to be or to have been more restrictive
6 than those Acts.
7     (r) When the purposes for which the bonds are issued have
8 been accomplished and paid for in full and there remain funds
9 on hand from the proceeds of the bond sale and interest
10 earnings therefrom, the board shall, by resolution, use such
11 excess funds in accordance with the provisions of Section
12 10-22.14 of this Act.
13     (s) Whenever any tax is levied or bonds issued for fire
14 prevention, safety, energy conservation, and school security
15 purposes, such proceeds shall be deposited and accounted for
16 separately within the Fire Prevention and Safety Fund.
17 (Source: P.A. 95-675, eff. 10-11-07.)
 
18     (105 ILCS 5/18-3)  (from Ch. 122, par. 18-3)
19     Sec. 18-3. Tuition of children from orphanages and
20 children's homes.
21     When the children from any home for orphans, dependent,
22 abandoned or maladjusted children maintained by any
23 organization or association admitting to such home children
24 from the State in general or when children residing in a school
25 district wherein the State of Illinois maintains and operates

 

 

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1 any welfare or penal institution on property owned by the State
2 of Illinois, which contains houses, housing units or housing
3 accommodations within a school district, attend grades
4 kindergarten through 12 of the public schools maintained by
5 that school district, the State Superintendent of Education
6 shall direct the State Comptroller to pay a specified amount
7 sufficient to pay the annual tuition cost of such children who
8 attended such public schools during the regular school year
9 ending on June 30. The or the summer term for that school year,
10 and the Comptroller shall pay the amount after receipt of a
11 voucher submitted by the State Superintendent of Education.
12     The amount of the tuition for such children attending the
13 public schools of the district shall be determined by the State
14 Superintendent of Education by multiplying the number of such
15 children in average daily attendance in such schools by 1.2
16 times the total annual per capita cost of administering the
17 schools of the district. Such total annual per capita cost
18 shall be determined by totaling all expenses of the school
19 district in the educational, operations and maintenance, bond
20 and interest, transportation, Illinois municipal retirement,
21 and rent funds for the school year preceding the filing of such
22 tuition claims less expenditures not applicable to the regular
23 K-12 program, less offsetting revenues from State sources
24 except those from the common school fund, less offsetting
25 revenues from federal sources except those from federal
26 impaction aid, less student and community service revenues,

 

 

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1 plus a depreciation allowance; and dividing such total by the
2 average daily attendance for the year.
3     Annually on or before July 15 June 30 the superintendent of
4 the district shall certify to upon forms prepared by the State
5 Superintendent of Education shall certify to the regional
6 superintendent the following:
7         1. The name of the home and of the organization or
8     association maintaining it; or the legal description of the
9     real estate upon which the house, housing units, or housing
10     accommodations are located and that no taxes or service
11     charges or other payments authorized by law to be made in
12     lieu of taxes were collected therefrom or on account
13     thereof during either of the calendar years included in the
14     school year for which claim is being made;
15         2. The number of children from the home or living in
16     such houses, housing units or housing accommodations and
17     attending the schools of the district;
18         3. The total number of children attending the schools
19     of the district;
20         4. The per capita tuition charge of the district; and
21         5. The computed amount of the tuition payment claimed
22     as due.
23     Whenever the persons in charge of such home for orphans,
24 dependent, abandoned or maladjusted children have received
25 from the parent or guardian of any such child or by virtue of
26 an order of court a specific allowance for educating such

 

 

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1 child, such persons shall pay to the school board in the
2 district where the child attends school such amount of the
3 allowance as is necessary to pay the tuition required by such
4 district for the education of the child. If the allowance is
5 insufficient to pay the tuition in full the State
6 Superintendent of Education shall direct the Comptroller to pay
7 to the district the difference between the total tuition
8 charged and the amount of the allowance.
9     Whenever the facilities of a school district in which such
10 house, housing units or housing accommodations are located, are
11 limited, pupils may be assigned by that district to the schools
12 of any adjacent district to the limit of the facilities of the
13 adjacent district to properly educate such pupils as shall be
14 determined by the school board of the adjacent district, and
15 the State Superintendent of Education shall direct the
16 Comptroller to pay a specified amount sufficient to pay the
17 annual tuition of the children so assigned to and attending
18 public schools in the adjacent districts and the Comptroller
19 shall draw his warrant upon the State Treasurer for the payment
20 of such amount for the benefit of the adjacent school districts
21 in the same manner as for districts in which the houses,
22 housing units or housing accommodations are located.
23     The school district shall certify to the State
24 Superintendent of Education the report of claims due for such
25 tuition payments on or before July 15 31. Failure on the part
26 of the school board to certify its claim on July 31 shall

 

 

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1 constitute a forfeiture by the district of its right to the
2 payment of any such tuition claim for the school year. The
3 State Superintendent of Education shall direct the Comptroller
4 to pay to the district, on or before August 15, the amount due
5 the district for the school year in accordance with the
6 calculation of the claim as set forth in this Section.
7     Summer session costs shall be reimbursed based on the
8 actual expenditures for providing these services. On or before
9 November 1 of each year, the superintendent of each eligible
10 school district shall certify to the State Superintendent of
11 Education the claim of the district for the summer session
12 following the regular school year just ended. The State
13 Superintendent of Education shall transmit to the Comptroller
14 no later than December 15th of each year vouchers for payment
15 of amounts due to school districts for summer session.
16     Claims for tuition for children from any home for orphans
17 or dependent, abandoned, or maladjusted children beginning
18 with the 1993-1994 school year shall be paid on a current year
19 basis. On September 30, December 31, and March 31, the State
20 Board of Education shall voucher payments for districts with
21 those students based on an estimated cost calculated from the
22 prior year's claim. Final claims for those students for the
23 regular school term and summer term must be received at the
24 State Board of Education by July 15 31 following the end of the
25 regular school year. Final claims for those students shall be
26 vouchered by August 15. During fiscal year 1994 both the

 

 

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1 1992-1993 school year and the 1993-1994 school year shall be
2 paid in order to change the cycle of payment from a
3 reimbursement basis to a current year funding basis of payment.
4 However, notwithstanding any other provisions of this Section
5 or the School Code, beginning with fiscal year 1994 and each
6 fiscal year thereafter, if the amount appropriated for any
7 fiscal year is less than the amount required for purposes of
8 this Section, the amount required to eliminate any insufficient
9 reimbursement for each district claim under this Section shall
10 be reimbursed on August 30 of the next fiscal year. Payments
11 required to eliminate any insufficiency for prior fiscal year
12 claims shall be made before any claims are paid for the current
13 fiscal year.
14     If a school district makes a claim for reimbursement under
15 Section 18-4 or 14-7.03 it shall not include in any claim filed
16 under this Section children residing on the property of State
17 institutions included in its claim under Section 18-4 or
18 14-7.03.
19     Any child who is not a resident of Illinois who is placed
20 in a child welfare institution, private facility, State
21 operated program, orphanage or children's home shall have the
22 payment for his educational tuition and any related services
23 assured by the placing agent.
24     In order to provide services appropriate to allow a student
25 under the legal guardianship or custodianship of the State to
26 participate in local school district educational programs,

 

 

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1 costs may be incurred in appropriate cases by the district that
2 are in excess of 1.2 times the district per capita tuition
3 charge allowed under the provisions of this Section. In the
4 event such excess costs are incurred, they must be documented
5 in accordance with cost rules established under the authority
6 of this Section and may then be claimed for reimbursement under
7 this Section.
8     Planned services for students eligible for this funding
9 must be a collaborative effort between the appropriate State
10 agency or the student's group home or institution and the local
11 school district.
12 (Source: P.A. 92-94, eff. 1-1-02; 92-597, eff. 7-1-02; 93-609,
13 eff. 11-20-03.)
 
14     (105 ILCS 5/21-2)  (from Ch. 122, par. 21-2)
15     Sec. 21-2. Grades of certificates.
16     (a) All certificates issued under this Article shall be
17 State certificates valid, except as limited in Section 21-1, in
18 every school district coming under the provisions of this Act
19 and shall be limited in time and designated as follows:
20 Provisional vocational certificate, temporary provisional
21 vocational certificate, early childhood certificate,
22 elementary school certificate, special certificate, secondary
23 certificate, school service personnel certificate,
24 administrative certificate, provisional certificate, and
25 substitute certificate. The requirement of student teaching

 

 

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1 under close and competent supervision for obtaining a teaching
2 certificate may be waived by the State Teacher Certification
3 Board upon presentation to the Board by the teacher of evidence
4 of 5 years successful teaching experience on a valid
5 certificate and graduation from a recognized institution of
6 higher learning with a bachelor's degree.
7     (b) Initial Teaching Certificate. Persons who (1) have
8 completed an approved teacher preparation program, (2) are
9 recommended by an approved teacher preparation program, (3)
10 have successfully completed the Initial Teaching Certification
11 examinations required by the State Board of Education, and (4)
12 have met all other criteria established by the State Board of
13 Education in consultation with the State Teacher Certification
14 Board, shall be issued an Initial Teaching Certificate valid
15 for 4 years of teaching, as defined in Section 21-14 of this
16 Code. Initial Teaching Certificates shall be issued for
17 categories corresponding to Early Childhood, Elementary,
18 Secondary, and Special K-12, with special certification
19 designations for Special Education, Bilingual Education,
20 fundamental learning areas (including Language Arts, Reading,
21 Mathematics, Science, Social Science, Physical Development and
22 Health, Fine Arts, and Foreign Language), and other areas
23 designated by the State Board of Education, in consultation
24 with the State Teacher Certification Board. Notwithstanding
25 any other provision of this Article, an Initial Teaching
26 Certificate shall be automatically extended for one year for

 

 

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1 all persons who (i) have been issued an Initial Teaching
2 Certificate that expires on June 30, 2004 and (ii) have not
3 met, prior to July 1, 2004, the Standard Certificate
4 requirements under paragraph (c) of this Section. An
5 application and fee shall not be required for this extension.
6     (b-5) A person who holds an out-of-state certificate and
7 who is otherwise eligible for a comparable Illinois certificate
8 may be issued an Initial Certificate if that person has not
9 completed 4 years of teaching. Upon completion of 4 years of
10 teaching, the person is eligible for a Standard Certificate.
11 Beginning July 1, 2004, an out-of-state candidate who has
12 already earned a second-tier certificate in another state is
13 not subject to any Standard Certificate eligibility
14 requirements stated in paragraph (2) of subsection (c) of this
15 Section other than completion of the 4 years of teaching. An
16 out-of-state candidate who has completed less than 4 years of
17 teaching and does not hold a second-tier certificate from
18 another state must meet the requirements stated in paragraph
19 (2) of subsection (c) of this Section, proportionately reduced
20 by the amount of time remaining to complete the 4 years of
21 teaching.
22     (c) Standard Certificate.
23     (1) Persons who (i) have completed 4 years of teaching, as
24 defined in Section 21-14 of this Code, with an Initial
25 Certificate or an Initial Alternative Teaching Certificate and
26 have met all other criteria established by the State Board of

 

 

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1 Education in consultation with the State Teacher Certification
2 Board, (ii) have completed 4 years of teaching on a valid
3 equivalent certificate in another State or territory of the
4 United States, or have completed 4 years of teaching in a
5 nonpublic Illinois elementary or secondary school with an
6 Initial Certificate or an Initial Alternative Teaching
7 Certificate, and have met all other criteria established by the
8 State Board of Education, in consultation with the State
9 Teacher Certification Board, or (iii) were issued teaching
10 certificates prior to February 15, 2000 and are renewing those
11 certificates after February 15, 2000, shall be issued a
12 Standard Certificate valid for 5 years, which may be renewed
13 thereafter every 5 years by the State Teacher Certification
14 Board based on proof of continuing education or professional
15 development. Beginning July 1, 2003, persons who have completed
16 4 years of teaching, as described in clauses (i) and (ii) of
17 this paragraph (1), have successfully completed the
18 requirements of paragraphs (2) through (4) of this subsection
19 (c), and have met all other criteria established by the State
20 Board of Education, in consultation with the State Teacher
21 Certification Board, shall be issued Standard Certificates.
22 Notwithstanding any other provisions of this Section,
23 beginning July 1, 2004, persons who hold valid out-of-state
24 certificates and have completed 4 years of teaching on a valid
25 equivalent certificate in another State or territory of the
26 United States shall be issued comparable Standard

 

 

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1 Certificates. Beginning July 1, 2004, persons who hold valid
2 out-of-state certificates as described in subsection (b-5) of
3 this Section are subject to the requirements of paragraphs (2)
4 through (4) of this subsection (c), as required in subsection
5 (b-5) of this Section, in order to receive a Standard
6 Certificate. Standard Certificates shall be issued for
7 categories corresponding to Early Childhood, Elementary,
8 Secondary, and Special K-12, with special certification
9 designations for Special Education, Bilingual Education,
10 fundamental learning areas (including Language Arts, Reading,
11 Mathematics, Science, Social Science, Physical Development and
12 Health, Fine Arts, and Foreign Language), and other areas
13 designated by the State Board of Education, in consultation
14 with the State Teacher Certification Board.
15     (2) This paragraph (2) applies only to those persons
16 required to successfully complete the requirements of this
17 paragraph under paragraph (1) of this subsection (c). In order
18 to receive a Standard Teaching Certificate, a person must
19 satisfy one of the following requirements:
20         (A) Completion of a program of induction and mentoring
21     for new teachers that is based upon a specific plan
22     approved by the State Board of Education, in consultation
23     with the State Teacher Certification Board. Nothing in this
24     Section, however, prohibits an induction or mentoring
25     program from operating prior to approval. Holders of
26     Initial Certificates issued before September 1, 2007 must

 

 

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1     complete, at a minimum, an approved one-year induction and
2     mentoring program. Holders of Initial Certificates issued
3     on or after September 1, 2007 must complete an approved
4     2-year induction and mentoring program. The plan must
5     describe the role of mentor teachers, the criteria and
6     process for their selection, and how all the following
7     components are to be provided:
8             (i) Assignment of a formally trained mentor
9         teacher to each new teacher for a specified period of
10         time, which shall be established by the employing
11         school or school district, provided that a mentor
12         teacher may not directly or indirectly participate in
13         the evaluation of a new teacher pursuant to Article 24A
14         of this Code or the evaluation procedure of the school.
15             (ii) Formal mentoring for each new teacher.
16             (iii) Support for each new teacher in relation to
17         the Illinois Professional Teaching Standards, the
18         content-area standards applicable to the new teacher's
19         area of certification, and any applicable local school
20         improvement and professional development plans.
21             (iv) Professional development specifically
22         designed to foster the growth of each new teacher's
23         knowledge and skills.
24             (v) Formative assessment that is based on the
25         Illinois Professional Teaching Standards and designed
26         to provide feedback to the new teacher and

 

 

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1         opportunities for reflection on his or her
2         performance, which must not be used directly or
3         indirectly in any evaluation of a new teacher pursuant
4         to Article 24A of this Code or the evaluation procedure
5         of the school and which must include the activities
6         specified in clauses (B)(i), (B)(ii), and (B)(iii) of
7         this paragraph (2).
8             (vi) Assignment of responsibility for coordination
9         of the induction and mentoring program within each
10         school district participating in the program.
11         (B) Successful completion of 4 semester hours of
12     graduate-level coursework on the assessment of one's own
13     performance in relation to the Illinois Professional
14     Teaching Standards. The coursework must be approved by the
15     State Board of Education, in consultation with the State
16     Teacher Certification Board; must be offered either by an
17     institution of higher education, by such an institution in
18     partnership with a teachers' association or union or with a
19     regional office of education, or by another entity
20     authorized to issue college credit; and must include
21     demonstration of performance through all of the following
22     activities for each of the Illinois Professional Teaching
23     Standards:
24             (i) Observation, by the course instructor or
25         another experienced teacher, of the new teacher's
26         classroom practice (the observation may be recorded

 

 

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1         for later viewing) for the purpose of identifying and
2         describing how the new teacher made content meaningful
3         for students; how the teacher motivated individuals
4         and the group and created an environment conducive to
5         positive social interactions, active learning, and
6         self-motivation; what instructional strategies the
7         teacher used to encourage students' development of
8         critical thinking, problem solving, and performance;
9         how the teacher communicated using written, verbal,
10         nonverbal, and visual communication techniques; and
11         how the teacher maintained standards of professional
12         conduct and provided leadership to improve students'
13         learning.
14             (ii) Review and analysis, by the course instructor
15         or another experienced teacher, of written
16         documentation (i.e., lesson plans, assignments,
17         assessment instruments, and samples of students' work)
18         prepared by the new teacher for at least 2 lessons. The
19         documentation must provide evidence of classroom
20         performance related to Illinois Professional Teaching
21         Standards 1 through 9, with an emphasis on how the
22         teacher used his or her understanding of students,
23         assessment data, and subject matter to decide on
24         learning goals; how the teacher designed or selected
25         activities and instructional materials and aligned
26         instruction to the relevant Illinois Learning

 

 

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1         Standards; how the teacher adapted or modified
2         curriculum to meet individual students' needs; and how
3         the teacher sequenced instruction and designed or
4         selected student assessment strategies.
5             (iii) Demonstration of professional expertise on
6         the part of the new teacher in reflecting on his or her
7         practice, which was observed under clause (B)(i) of
8         this paragraph (2) and documented under clause (B)(ii)
9         of this paragraph (2), in terms of teaching strengths,
10         weaknesses, and implications for improvement according
11         to the Illinois Professional Teaching Standards.
12         (C) Successful completion of a minimum of 4 semester
13     hours of graduate-level coursework addressing preparation
14     to meet the requirements for certification by the National
15     Board for Professional Teaching Standards (NBPTS). The
16     coursework must be approved by the State Board of
17     Education, in consultation with the State Teacher
18     Certification Board, and must be offered either by an
19     institution of higher education, by such an institution in
20     partnership with a teachers' association or union or with a
21     regional office of education, or by another entity
22     authorized to issue college credit. The course must address
23     the 5 NBPTS Core Propositions and relevant standards
24     through such means as the following:
25             (i) Observation, by the course instructor or
26         another experienced teacher, of the new teacher's

 

 

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1         classroom practice (the observation may be recorded
2         for later viewing) for the purpose of identifying and
3         describing how the new teacher made content meaningful
4         for students; how the teacher motivated individuals
5         and the group and created an environment conducive to
6         positive social interactions, active learning, and
7         self-motivation; what instructional strategies the
8         teacher used to encourage students' development of
9         critical thinking, problem solving, and performance;
10         how the teacher communicated using written, verbal,
11         nonverbal, and visual communication techniques; and
12         how the teacher maintained standards of professional
13         conduct and provided leadership to improve students'
14         learning.
15             (ii) Review and analysis, by the course instructor
16         or another experienced teacher, of written
17         documentation (i.e., lesson plans, assignments,
18         assessment instruments, and samples of students' work)
19         prepared by the new teacher for at least 2 lessons. The
20         documentation must provide evidence of classroom
21         performance, including how the teacher used his or her
22         understanding of students, assessment data, and
23         subject matter to decide on learning goals; how the
24         teacher designed or selected activities and
25         instructional materials and aligned instruction to the
26         relevant Illinois Learning Standards; how the teacher

 

 

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1         adapted or modified curriculum to meet individual
2         students' needs; and how the teacher sequenced
3         instruction and designed or selected student
4         assessment strategies.
5             (iii) Demonstration of professional expertise on
6         the part of the new teacher in reflecting on his or her
7         practice, which was observed under clause (C)(i) of
8         this paragraph (2) and documented under clause (C)(ii)
9         of this paragraph (2), in terms of teaching strengths,
10         weaknesses, and implications for improvement.
11         (C-5) Satisfactory completion of a minimum of 12
12     semester hours of graduate credit towards an advanced
13     degree in an education-related field from an accredited
14     institution of higher education.
15         (D) Receipt of an advanced degree from an accredited
16     institution of higher education in an education-related
17     field that is earned by a person either while he or she
18     holds an Initial Teaching Certificate or prior to his or
19     her receipt of that certificate.
20         (E) Accumulation of 60 continuing professional
21     development units (CPDUs), earned by completing selected
22     activities that comply with paragraphs (3) and (4) of this
23     subsection (c). However, for an individual who holds an
24     Initial Teaching Certificate on the effective date of this
25     amendatory Act of the 92nd General Assembly, the number of
26     CPDUs shall be reduced to reflect the teaching time

 

 

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1     remaining on the Initial Teaching Certificate.
2         (F) Completion of a nationally normed,
3     performance-based assessment, if made available by the
4     State Board of Education in consultation with the State
5     Teacher Certification Board, provided that the cost to the
6     person shall not exceed the cost of the coursework
7     described in clause (B) of this paragraph (2).
8         (G) Completion of requirements for meeting the
9     Illinois criteria for becoming "highly qualified" (for
10     purposes of the No Child Left Behind Act of 2001, Public
11     Law 107-110) in an additional teaching area.
12         (H) Receipt of a minimum 12-hour, post-baccalaureate,
13     education-related professional development certificate
14     issued by an Illinois institution of higher education and
15     developed in accordance with rules adopted by the State
16     Board of Education in consultation with the State Teacher
17     Certification Board.
18         (I) Completion of the National Board for Professional
19     Teaching Standards (NBPTS) process.
20         (J) Receipt of a subsequent Illinois certificate or
21     endorsement pursuant to Article 21 of this Code.
22     (3) This paragraph (3) applies only to those persons
23 required to successfully complete the requirements of this
24 paragraph under paragraph (1) of this subsection (c). Persons
25 who seek to satisfy the requirements of clause (E) of paragraph
26 (2) of this subsection (c) through accumulation of CPDUs may

 

 

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1 earn credit through completion of coursework, workshops,
2 seminars, conferences, and other similar training events that
3 are pre-approved by the State Board of Education, in
4 consultation with the State Teacher Certification Board, for
5 the purpose of reflection on teaching practices in order to
6 address all of the Illinois Professional Teaching Standards
7 necessary to obtain a Standard Teaching Certificate. These
8 activities must meet all of the following requirements:
9         (A) Each activity must be designed to advance a
10     person's knowledge and skills in relation to one or more of
11     the Illinois Professional Teaching Standards or in
12     relation to the content-area standards applicable to the
13     teacher's field of certification.
14         (B) Taken together, the activities completed must
15     address each of the Illinois Professional Teaching
16     Standards as provided in clauses (B)(i), (B)(ii), and
17     (B)(iii) of paragraph (2) of this subsection (c).
18         (C) Each activity must be provided by an entity
19     approved by the State Board of Education, in consultation
20     with the State Teacher Certification Board, for this
21     purpose.
22         (D) Each activity, integral to its successful
23     completion, must require participants to demonstrate the
24     degree to which they have acquired new knowledge or skills,
25     such as through performance, through preparation of a
26     written product, through assembling samples of students'

 

 

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1     or teachers' work, or by some other means that is
2     appropriate to the subject matter of the activity.
3         (E) One CPDU shall be available for each hour of direct
4     participation by a holder of an Initial Teaching
5     Certificate in a qualifying activity. An activity may be
6     attributed to more than one of the Illinois Professional
7     Teaching Standards, but credit for any activity shall be
8     counted only once.
9     (4) This paragraph (4) applies only to those persons
10 required to successfully complete the requirements of this
11 paragraph under paragraph (1) of this subsection (c). Persons
12 who seek to satisfy the requirements of clause (E) of paragraph
13 (2) of this subsection (c) through accumulation of CPDUs may
14 earn credit from the following, provided that each activity is
15 designed to advance a person's knowledge and skills in relation
16 to one or more of the Illinois Professional Teaching Standards
17 or in relation to the content-area standards applicable to the
18 person's field or fields of certification:
19         (A) Collaboration and partnership activities related
20     to improving a person's knowledge and skills as a teacher,
21     including all of the following:
22             (i) Peer review and coaching.
23             (ii) Mentoring in a formal mentoring program,
24         including service as a consulting teacher
25         participating in a remediation process formulated
26         under Section 24A-5 of this Code.

 

 

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1             (iii) Facilitating parent education programs
2         directly related to student achievement for a school,
3         school district, or regional office of education.
4             (iv) Participating in business, school, or
5         community partnerships directly related to student
6         achievement.
7         (B) Teaching college or university courses in areas
8     relevant to a teacher's field of certification, provided
9     that the teaching may only be counted once during the
10     course of 4 years.
11         (C) Conferences, workshops, institutes, seminars, and
12     symposiums related to improving a person's knowledge and
13     skills as a teacher, including all of the following:
14             (i) Completing non-university credit directly
15         related to student achievement, the Illinois
16         Professional Teaching Standards, or content-area
17         standards.
18             (ii) Participating in or presenting at workshops,
19         seminars, conferences, institutes, and symposiums.
20             (iii) (Blank).
21             (iv) Training as reviewers of university teacher
22         preparation programs.
23         An activity listed in this clause (C) is creditable
24     only if its provider is approved for this purpose by the
25     State Board of Education, in consultation with the State
26     Teacher Certification Board.

 

 

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1         (D) Other educational experiences related to improving
2     a person's knowledge and skills as a teacher, including all
3     of the following:
4             (i) Participating in action research and inquiry
5         projects.
6             (ii) Observing programs or teaching in schools,
7         related businesses, or industry that is systematic,
8         purposeful, and relevant to a teacher's field of
9         certification.
10             (iii) Participating in study groups related to
11         student achievement, the Illinois Professional
12         Teaching Standards, or content-area standards.
13             (iv) Participating in work/learn programs or
14         internships.
15             (v) Developing a portfolio of students' and
16         teacher's work.
17         (E) Professional leadership experiences related to
18     improving a person's knowledge and skills as a teacher,
19     including all of the following:
20             (i) Participating in curriculum development or
21     assessment activities at the school, school district,
22     regional office of education, State, or national level.
23             (ii) Participating in team or department
24         leadership in a school or school district.
25             (iii) (Blank).
26             (iv) Publishing educational articles, columns, or

 

 

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1         books relevant to a teacher's field of certification.
2             (v) Participating in non-strike related activities
3         of a professional association or labor organization
4         that are related to professional development.
5     (5) A person must complete the requirements of this
6 subsection (c) before the expiration of his or her Initial
7 Teaching Certificate and must submit assurance of having done
8 so to the regional superintendent of schools or a local
9 professional development committee authorized by the regional
10 superintendent to submit recommendations to him or her for this
11 purpose.
12     Within 30 days after receipt, the regional superintendent
13 of schools shall review the assurance of completion submitted
14 by a person and, based upon compliance with all of the
15 requirements for receipt of a Standard Teaching Certificate,
16 shall forward to the State Board of Education a recommendation
17 for issuance of the Standard Certificate or non-issuance. The
18 regional superintendent of schools shall notify the affected
19 person if the recommendation is for non-issuance of the
20 Standard Certificate. A person who is considered not to be
21 eligible for a Standard Certificate and who has received the
22 notice of non-issuance may appeal this determination to the
23 Regional Professional Development Review Committee (RPDRC).
24 The recommendation of the regional superintendent and the
25 RPDRC, along with all supporting materials, must then be
26 forwarded to the State Board of Education for a final

 

 

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1 determination.
2     Upon review of a regional superintendent of school's
3 recommendations, the State Board of Education shall issue
4 Standard Teaching Certificates to those who qualify and shall
5 notify a person, in writing, of a decision denying a Standard
6 Teaching Certificate. Any decision denying issuance of a
7 Standard Teaching Certificate to a person may be appealed to
8 the State Teacher Certification Board.
9     (6) The State Board of Education, in consultation with the
10 State Teacher Certification Board, may adopt rules to implement
11 this subsection (c) and may periodically evaluate any of the
12 methods of qualifying for a Standard Teaching Certificate
13 described in this subsection (c).
14     (7) The changes made to paragraphs (1) through (5) of this
15 subsection (c) by this amendatory Act of the 93rd General
16 Assembly shall apply to those persons who hold or are eligible
17 to hold an Initial Certificate on or after the effective date
18 of this amendatory Act of the 93rd General Assembly and shall
19 be given effect upon their application for a Standard
20 Certificate.
21     (8) Beginning July 1, 2004, persons who hold a Standard
22 Certificate and have acquired one master's degree in an
23 education-related field are eligible for certificate renewal
24 upon completion of two-thirds of the continuing education units
25 specified in subdivision (C) of paragraph (3) of subsection (e)
26 of Section 21-14 of this Code or of the continuing professional

 

 

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1 development units specified in subdivision (E) of paragraph (3)
2 of subsection (e) of Section 21-14 of this Code. Persons who
3 hold a Standard Certificate and have acquired a second master's
4 degree, an education specialist, or a doctorate in an
5 education-related field or hold a Master Certificate are
6 eligible for certificate renewal upon completion of one-third
7 of the continuing education units specified in subdivision (C)
8 of paragraph (3) of subsection (e) of Section 21-14 of this
9 Code or of the continuing professional development units
10 specified in subdivision (E) of paragraph (3) of subsection (e)
11 of Section 21-14 of this Code.
12     (d) Master Certificate. Persons who have successfully
13 achieved National Board certification through the National
14 Board for Professional Teaching Standards shall be issued a
15 Master Certificate, valid for 10 years and renewable thereafter
16 every 10 years through compliance with requirements set forth
17 by the State Board of Education, in consultation with the State
18 Teacher Certification Board. However, each teacher who holds a
19 Master Certificate shall be eligible for a teaching position in
20 this State in the areas for which he or she holds a Master
21 Certificate without satisfying any other requirements of this
22 Code, except for those requirements pertaining to criminal
23 background checks. A holder of a Master Certificate in an area
24 of science or social science is eligible to teach in any of the
25 subject areas within those fields, including those taught at
26 the advanced level, as defined by the State Board of Education

 

 

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1 in consultation with the State Teacher Certification Board. A
2 teacher who holds a Master Certificate shall be deemed to meet
3 State certification renewal requirements in the area or areas
4 for which he or she holds a Master Certificate for the 10-year
5 term of the teacher's Master Certificate.
6 (Source: P.A. 92-16, eff. 6-28-01; 92-796, eff. 8-10-02;
7 93-679, eff. 6-30-04.)
 
8     (105 ILCS 5/21-14)  (from Ch. 122, par. 21-14)
9     Sec. 21-14. Registration and renewal of certificates.
10     (a) A limited four-year certificate or a certificate issued
11 after July 1, 1955, shall be renewable at its expiration or
12 within 60 days thereafter by the county superintendent of
13 schools having supervision and control over the school where
14 the teacher is teaching upon certified evidence of meeting the
15 requirements for renewal as required by this Act and prescribed
16 by the State Board of Education in consultation with the State
17 Teacher Certification Board. An elementary supervisory
18 certificate shall not be renewed at the end of the first
19 four-year period covered by the certificate unless the holder
20 thereof has filed certified evidence with the State Teacher
21 Certification Board that he has a master's degree or that he
22 has earned 8 semester hours of credit in the field of
23 educational administration and supervision in a recognized
24 institution of higher learning. The holder shall continue to
25 earn 8 semester hours of credit each four-year period until

 

 

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1 such time as he has earned a master's degree.
2     All certificates not renewed or registered as herein
3 provided shall lapse after a period of 5 years from the
4 expiration of the last year of registration. Such certificates
5 may be reinstated for a one year period upon payment of all
6 accumulated registration fees. Such reinstated certificates
7 shall only be renewed: (1) by earning 5 semester hours of
8 credit in a recognized institution of higher learning in the
9 field of professional education or in courses related to the
10 holder's contractual teaching duties; or (2) by presenting
11 evidence of holding a valid regular certificate of some other
12 type. Any certificate may be voluntarily surrendered by the
13 certificate holder. A voluntarily surrendered certificate
14 shall be treated as a revoked certificate.
15     (b) When those teaching certificates issued before
16 February 15, 2000 are renewed for the first time after February
17 15, 2000, all such teaching certificates shall be exchanged for
18 Standard Teaching Certificates as provided in subsection (c) of
19 Section 21-2. All Initial and Standard Teaching Certificates,
20 including those issued to persons who previously held teaching
21 certificates issued before February 15, 2000, shall be
22 renewable under the conditions set forth in this subsection
23 (b).
24     Initial Teaching Certificates are valid for 4 years of
25 teaching, as provided in subsection (b) of Section 21-2 of this
26 Code, and are renewable every 4 years until the person

 

 

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1 completes 4 years of teaching. If the holder of an Initial
2 Certificate has completed 4 years of teaching but has not
3 completed the requirements set forth in paragraph (2) of
4 subsection (c) of Section 21-2 of this Code, then the Initial
5 Certificate may be reinstated for one year, during which the
6 requirements must be met. A holder of an Initial Certificate
7 who has not completed 4 years of teaching may continuously
8 register the certificate for additional 4-year periods without
9 penalty. Initial Certificates that are not registered shall
10 lapse consistent with subsection (a) of this Section and may be
11 reinstated only in accordance with subsection (a). Standard
12 Teaching Certificates are renewable every 5 years as provided
13 in subsection (c) of Section 21-2 and subsection (c) of this
14 Section. For purposes of this Section, "teaching" is defined as
15 employment and performance of services in an Illinois public or
16 State-operated elementary school, secondary school, or
17 cooperative or joint agreement with a governing body or board
18 of control, in a certificated teaching position, or a charter
19 school operating in compliance with the Charter Schools Law.
20     (c) In compliance with subsection (c) of Section 21-2 of
21 this Code, which provides that a Standard Teaching Certificate
22 may be renewed by the State Teacher Certification Board based
23 upon proof of continuing professional development, the State
24 Board of Education and the State Teacher Certification Board
25 shall jointly:
26         (1) establish a procedure for renewing Standard

 

 

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1     Teaching Certificates, which shall include but not be
2     limited to annual timelines for the renewal process and the
3     components set forth in subsections (d) through (k) of this
4     Section;
5         (2) establish the standards for certificate renewal;
6         (3) approve or disapprove the providers of continuing
7     professional development activities;
8         (4) determine the maximum credit for each category of
9     continuing professional development activities, based upon
10     recommendations submitted by a continuing professional
11     development activity task force, which shall consist of 6
12     staff members from the State Board of Education, appointed
13     by the State Superintendent of Education, and 6 teacher
14     representatives, 3 of whom are selected by the Illinois
15     Education Association and 3 of whom are selected by the
16     Illinois Federation of Teachers;
17         (5) designate the type and amount of documentation
18     required to show that continuing professional development
19     activities have been completed; and
20         (6) provide, on a timely basis to all Illinois
21     teachers, certificate holders, regional superintendents of
22     schools, school districts, and others with an interest in
23     continuing professional development, information about the
24     standards and requirements established pursuant to this
25     subsection (c).
26     (d) Any Standard Teaching Certificate held by an individual

 

 

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1 employed and performing services in an Illinois public or
2 State-operated elementary school, secondary school, or
3 cooperative or joint agreement with a governing body or board
4 of control in a certificated teaching position or a charter
5 school in compliance with the Charter Schools Law must be
6 maintained Valid and Active through certificate renewal
7 activities specified in the certificate renewal procedure
8 established pursuant to subsection (c) of this Section,
9 provided that a holder of a Valid and Active certificate who is
10 only employed on either a part-time basis or day-to-day basis
11 as a substitute teacher shall pay only the required
12 registration fee to renew his or her certificate and maintain
13 it as Valid and Active. All other Standard Teaching
14 Certificates held may be maintained as Valid and Exempt through
15 the registration process provided for in the certificate
16 renewal procedure established pursuant to subsection (c) of
17 this Section. A Valid and Exempt certificate must be
18 immediately activated, through procedures developed jointly by
19 the State Board of Education and the State Teacher
20 Certification Board, upon the certificate holder becoming
21 employed and performing services in an Illinois public or
22 State-operated elementary school, secondary school, or
23 cooperative or joint agreement with a governing body or board
24 of control in a certificated teaching position or a charter
25 school operating in compliance with the Charter Schools Law. A
26 holder of a Valid and Exempt certificate may activate his or

 

 

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1 her certificate through procedures provided for in the
2 certificate renewal procedure established pursuant to
3 subsection (c) of this Section.
4     (e)(1) A Standard Teaching Certificate that has been
5 maintained as Valid and Active for the 5 years of the
6 certificate's validity shall be renewed as Valid and Active
7 upon the certificate holder: (i) completing an advanced degree
8 from an approved institution in an education-related field;
9 (ii) completing at least 8 semester hours of coursework as
10 described in subdivision (B) of paragraph (3) of this
11 subsection (e); (iii) (blank); earning at least 24 continuing
12 education units as described in subdivision (C) of paragraph
13 (3) of this subsection (e); (iv) completing the National Board
14 for Professional Teaching Standards process as described in
15 subdivision (D) of paragraph (3) of this subsection (e); or (v)
16 earning 120 continuing professional development units ("CPDU")
17 as described in subdivision (E) of paragraph (3) of this
18 subsection (e). The maximum continuing professional
19 development units for each continuing professional development
20 activity identified in subdivisions (F) through (J) of
21 paragraph (3) of this subsection (e) shall be jointly
22 determined by the State Board of Education and the State
23 Teacher Certification Board. If, however, the certificate
24 holder has maintained the certificate as Valid and Exempt for a
25 portion of the 5-year period of validity, the number of
26 continuing professional development units needed to renew the

 

 

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1 certificate as Valid and Active shall be proportionately
2 reduced by the amount of time the certificate was Valid and
3 Exempt. Furthermore, if a certificate holder is employed and
4 performs teaching services on a part-time basis for all or a
5 portion of the certificate's 5-year period of validity, the
6 number of continuing professional development units needed to
7 renew the certificate as Valid and Active shall be reduced by
8 50% for the amount of time the certificate holder has been
9 employed and performed teaching services on a part-time basis.
10 Part-time shall be defined as less than 50% of the school day
11 or school term.
12     Notwithstanding any other requirements to the contrary, if
13 a Standard Teaching Certificate has been maintained as Valid
14 and Active for the 5 years of the certificate's validity and
15 the certificate holder has completed his or her certificate
16 renewal plan before July 1, 2002, the certificate shall be
17 renewed as Valid and Active.
18     (2) Beginning July 1, 2004, in order to satisfy the
19 requirements for continuing professional development provided
20 for in subsection (c) of Section 21-2 of this Code, each Valid
21 and Active Standard Teaching Certificate holder shall complete
22 professional development activities that address the
23 certificate or those certificates that are required of his or
24 her certificated teaching position, if the certificate holder
25 is employed and performing services in an Illinois public or
26 State-operated elementary school, secondary school, or

 

 

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1 cooperative or joint agreement with a governing body or board
2 of control, or that certificate or those certificates most
3 closely related to his or her teaching position, if the
4 certificate holder is employed in a charter school. Except as
5 otherwise provided in this subsection (e), the certificate
6 holder's activities must address purposes (A), (B), (C), or (D)
7 and must reflect purpose (E) of the following continuing
8 professional development purposes:
9         (A) Advance both the certificate holder's knowledge
10     and skills as a teacher consistent with the Illinois
11     Professional Teaching Standards and the Illinois Content
12     Area Standards in the certificate holder's areas of
13     certification, endorsement, or teaching assignment in
14     order to keep the certificate holder current in those
15     areas.
16         (B) Develop the certificate holder's knowledge and
17     skills in areas determined to be critical for all Illinois
18     teachers, as defined by the State Board of Education, known
19     as "State priorities".
20         (C) Address the knowledge, skills, and goals of the
21     certificate holder's local school improvement plan, if the
22     teacher is employed in an Illinois public or State-operated
23     elementary school, secondary school, or cooperative or
24     joint agreement with a governing body or board of control.
25         (D) Expand the certificate holder's knowledge and
26     skills in an additional teaching field or toward the

 

 

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1     acquisition of another teaching certificate, endorsement,
2     or relevant education degree.
3         (E) Address the needs of serving students with
4     disabilities, including adapting and modifying the general
5     curriculum related to the Illinois Learning Standards to
6     meet the needs of students with disabilities and serving
7     such students in the least restrictive environment.
8     Teachers who hold certificates endorsed for special
9     education must devote at least 50% of their continuing
10     professional development activities to this purpose.
11     Teachers holding other certificates must devote at least
12     20% of their activities to this purpose.
13     A speech-language pathologist or audiologist who is
14 licensed under the Illinois Speech-Language Pathology and
15 Audiology Practice Act and who has met the continuing education
16 requirements of that Act and the rules promulgated under that
17 Act shall be deemed to have satisfied the continuing
18 professional development requirements established by the State
19 Board of Education and the Teacher Certification Board to renew
20 a Standard Certificate.
21     (3) Continuing professional development activities may
22 include, but are not limited to, the following activities:
23         (A) completion of an advanced degree from an approved
24     institution in an education-related field;
25         (B) at least 8 semester hours of coursework in an
26     approved education-related program, of which at least 2

 

 

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1     semester hours relate to the continuing professional
2     development purpose set forth in purpose (A) of paragraph
3     (2) of this subsection (e), completion of which means no
4     other continuing professional development activities are
5     required;
6         (C) (blank); continuing education units that satisfy
7     the continuing professional development purposes set forth
8     in paragraph (2) of this subsection (e), with each
9     continuing education unit equal to 5 clock hours, provided
10     that a plan that includes at least 24 continuing education
11     units (or 120 clock/contact hours) need not include any
12     other continuing professional development activities;
13         (D) completion of the National Board for Professional
14     Teaching Standards ("NBPTS") process for certification or
15     recertification, completion of which means no other
16     continuing professional development activities are
17     required;
18         (E) completion of 120 continuing professional
19     development units that satisfy the continuing professional
20     development purposes set forth in paragraph (2) of this
21     subsection (e) and may include without limitation the
22     activities identified in subdivisions (F) through (J) of
23     this paragraph (3);
24         (F) collaboration and partnership activities related
25     to improving the teacher's knowledge and skills as a
26     teacher, including the following:

 

 

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1             (i) participating on collaborative planning and
2         professional improvement teams and committees;
3             (ii) peer review and coaching;
4             (iii) mentoring in a formal mentoring program,
5         including service as a consulting teacher
6         participating in a remediation process formulated
7         under Section 24A-5 of this Code;
8             (iv) participating in site-based management or
9         decision making teams, relevant committees, boards, or
10         task forces directly related to school improvement
11         plans;
12             (v) coordinating community resources in schools,
13         if the project is a specific goal of the school
14         improvement plan;
15             (vi) facilitating parent education programs for a
16         school, school district, or regional office of
17         education directly related to student achievement or
18         school improvement plans;
19             (vii) participating in business, school, or
20         community partnerships directly related to student
21         achievement or school improvement plans; or
22             (viii) supervising a student teacher or teacher
23         education candidate in clinical supervision, provided
24         that the supervision may only be counted once during
25         the course of 5 years;
26         (G) college or university coursework related to

 

 

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1     improving the teacher's knowledge and skills as a teacher
2     as follows:
3             (i) completing undergraduate or graduate credit
4         earned from a regionally accredited institution in
5         coursework relevant to the certificate area being
6         renewed, including coursework that incorporates
7         induction activities and development of a portfolio of
8         both student and teacher work that provides experience
9         in reflective practices, provided the coursework meets
10         Illinois Professional Teaching Standards or Illinois
11         Content Area Standards and supports the essential
12         characteristics of quality professional development;
13         or
14             (ii) teaching college or university courses in
15         areas relevant to the certificate area being renewed,
16         provided that the teaching may only be counted once
17         during the course of 5 years;
18         (H) conferences, workshops, institutes, seminars, and
19     symposiums related to improving the teacher's knowledge
20     and skills as a teacher, subject to disapproval of the
21     activity or event by the State Teacher Certification Board
22     acting jointly with the State Board of Education, including
23     the following:
24             (i) completing non-university credit directly
25         related to student achievement, school improvement
26         plans, or State priorities;

 

 

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1             (ii) participating in or presenting at workshops,
2         seminars, conferences, institutes, and symposiums;
3             (iii) training as external reviewers for Quality
4         Assurance; or
5             (iv) training as reviewers of university teacher
6         preparation programs.
7     A teacher, however, may not receive credit for conferences,
8     workshops, institutes, seminars, or symposiums that are
9     designed for entertainment, promotional, or commercial
10     purposes or that are solely inspirational or motivational.
11     The State Superintendent of Education and regional
12     superintendents of schools are authorized to review the
13     activities and events provided or to be provided under this
14     subdivision (H) and to investigate complaints regarding
15     those activities and events, and either the State
16     Superintendent of Education or a regional superintendent
17     of schools may recommend that the State Teacher
18     Certification Board and the State Board of Education
19     jointly disapprove those activities and events considered
20     to be inconsistent with this subdivision (H);
21         (I) other educational experiences related to improving
22     the teacher's knowledge and skills as a teacher, including
23     the following:
24             (i) participating in action research and inquiry
25         projects;
26             (ii) observing programs or teaching in schools,

 

 

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1         related businesses, or industry that is systematic,
2         purposeful, and relevant to certificate renewal;
3             (iii) traveling related to one's teaching
4         assignment, directly related to student achievement or
5         school improvement plans and approved by the regional
6         superintendent of schools or his or her designee at
7         least 30 days prior to the travel experience, provided
8         that the traveling shall not include time spent
9         commuting to destinations where the learning
10         experience will occur;
11             (iv) participating in study groups related to
12         student achievement or school improvement plans;
13             (v) serving on a statewide education-related
14         committee, including but not limited to the State
15         Teacher Certification Board, State Board of Education
16         strategic agenda teams, or the State Advisory Council
17         on Education of Children with Disabilities;
18             (vi) participating in work/learn programs or
19         internships; or
20             (vii) developing a portfolio of student and
21         teacher work;
22         (J) professional leadership experiences related to
23     improving the teacher's knowledge and skills as a teacher,
24     including the following:
25             (i) participating in curriculum development or
26         assessment activities at the school, school district,

 

 

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1         regional office of education, State, or national
2         level;
3             (ii) participating in team or department
4         leadership in a school or school district;
5             (iii) participating on external or internal school
6         or school district review teams;
7             (iv) publishing educational articles, columns, or
8         books relevant to the certificate area being renewed;
9         or
10             (v) participating in non-strike related
11         professional association or labor organization service
12         or activities related to professional development;
13         (K) receipt of a subsequent Illinois certificate or
14     endorsement pursuant to this Article;
15         (L) completion of requirements for meeting the
16     Illinois criteria for becoming "highly qualified" (for
17     purposes of the No Child Left Behind Act of 2001, Public
18     Law 107-110) in an additional teaching area;
19         (M) successful completion of 4 semester hours of
20     graduate-level coursework on the assessment of one's own
21     performance in relation to the Illinois Teaching
22     Standards, as described in clause (B) of paragraph (2) of
23     subsection (c) of Section 21-2 of this Code; or
24         (N) successful completion of a minimum of 4 semester
25     hours of graduate-level coursework addressing preparation
26     to meet the requirements for certification by the National

 

 

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1     Board for Professional Teaching Standards, as described in
2     clause (C) of paragraph (2) of subsection (c) of Section
3     21-2 of this Code.
4     (4) A person must complete the requirements of this
5 subsection (e) before the expiration of his or her Standard
6 Teaching Certificate and must submit assurance to the regional
7 superintendent of schools or, if applicable, a local
8 professional development committee authorized by the regional
9 superintendent to submit recommendations to him or her for this
10 purpose. The statement of assurance shall contain a list of the
11 activities completed, the provider offering each activity, the
12 number of credits earned for each activity, and the purposes to
13 which each activity is attributed. The certificate holder shall
14 maintain the evidence of completion of each activity for at
15 least one certificate renewal cycle. The certificate holder
16 shall affirm under penalty of perjury that he or she has
17 completed the activities listed and will maintain the required
18 evidence of completion. The State Board of Education or the
19 regional superintendent of schools for each region shall
20 conduct random audits of assurance statements and supporting
21 documentation.
22     (5) (Blank).
23     (6) (Blank).
24     (f) Notwithstanding any other provisions of this Code, a
25 school district is authorized to enter into an agreement with
26 the exclusive bargaining representative, if any, to form a

 

 

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1 local professional development committee (LPDC). The
2 membership and terms of members of the LPDC may be determined
3 by the agreement. Provisions regarding LPDCs contained in a
4 collective bargaining agreement in existence on the effective
5 date of this amendatory Act of the 93rd General Assembly
6 between a school district and the exclusive bargaining
7 representative shall remain in full force and effect for the
8 term of the agreement, unless terminated by mutual agreement.
9 The LPDC shall make recommendations to the regional
10 superintendent of schools on renewal of teaching certificates.
11 The regional superintendent of schools for each region shall
12 perform the following functions:
13         (1) review recommendations for certificate renewal, if
14     any, received from LPDCs;
15         (2) (blank);
16         (3) (blank);
17         (4) (blank);
18         (5) determine whether certificate holders have met the
19     requirements for certificate renewal and notify
20     certificate holders if the decision is not to renew the
21     certificate;
22         (6) provide a certificate holder with the opportunity
23     to appeal a recommendation made by a LPDC, if any, not to
24     renew the certificate to the regional professional
25     development review committee;
26         (7) issue and forward recommendations for renewal or

 

 

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1     nonrenewal of certificate holders' Standard Teaching
2     Certificates to the State Teacher Certification Board; and
3         (8) (blank).
4     (g)(1) Each regional superintendent of schools shall
5 review and concur or nonconcur with each recommendation for
6 renewal or nonrenewal of a Standard Teaching Certificate he or
7 she receives from a local professional development committee,
8 if any, or, if a certificate holder appeals the recommendation
9 to the regional professional development review committee, the
10 recommendation for renewal or nonrenewal he or she receives
11 from a regional professional development review committee and,
12 within 14 days of receipt of the recommendation, shall provide
13 the State Teacher Certification Board with verification of the
14 following, if applicable:
15         (A) the certificate holder has satisfactorily
16     completed professional development and continuing
17     education activities set forth in paragraph (3) of
18     subsection (e) of this Section;
19         (B) the certificate holder has submitted the statement
20     of assurance required under paragraph (4) of subsection (e)
21     of this Section, and this statement has been attached to
22     the application for renewal;
23         (C) the local professional development committee, if
24     any, has recommended the renewal of the certificate
25     holder's Standard Teaching Certificate and forwarded the
26     recommendation to the regional superintendent of schools;

 

 

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1         (D) the certificate holder has appealed his or her
2     local professional development committee's recommendation
3     of nonrenewal, if any, to the regional professional
4     development review committee and the result of that appeal;
5         (E) the regional superintendent of schools has
6     concurred or nonconcurred with the local professional
7     development committee's or regional professional
8     development review committee's recommendation, if any, to
9     renew or nonrenew the certificate holder's Standard
10     Teaching Certificate and made a recommendation to that
11     effect; and
12         (F) the established registration fee for the Standard
13     Teaching Certificate has been paid.
14     If the notice required by this subsection (g) includes a
15 recommendation of certificate nonrenewal, then, at the same
16 time the regional superintendent of schools provides the State
17 Teacher Certification Board with the notice, he or she shall
18 also notify the certificate holder in writing, by certified
19 mail, return receipt requested, that this notice has been
20 provided to the State Teacher Certification Board.
21     (2) Each certificate holder shall have the right to appeal
22 his or her local professional development committee's
23 recommendation of nonrenewal, if any, to the regional
24 professional development review committee, within 14 days of
25 receipt of notice that the recommendation has been sent to the
26 regional superintendent of schools. Each regional

 

 

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1 superintendent of schools shall establish a regional
2 professional development review committee or committees for
3 the purpose of advising the regional superintendent of schools,
4 upon request, and handling certificate holder appeals. This
5 committee shall consist of at least 4 classroom teachers, one
6 non-administrative certificated educational employee, 2
7 administrators, and one at-large member who shall be either (i)
8 a parent, (ii) a member of the business community, (iii) a
9 community member, or (iv) an administrator, with preference
10 given to an individual chosen from among those persons listed
11 in items (i), (ii), and (iii) in order to secure representation
12 of an interest not already represented on the committee. The
13 teacher and non-administrative certificated educational
14 employee members of the review committee shall be selected by
15 their exclusive representative, if any, and the administrators
16 and at-large member shall be selected by the regional
17 superintendent of schools. A regional superintendent of
18 schools may add additional members to the committee, provided
19 that the same proportion of teachers to administrators and
20 at-large members on the committee is maintained. Any additional
21 teacher and non-administrative certificated educational
22 employee members shall be selected by their exclusive
23 representative, if any. Vacancies in positions on a regional
24 professional development review committee shall be filled in
25 the same manner as the original selections. Committee members
26 shall serve staggered 3-year terms. All individuals selected to

 

 

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1 serve on regional professional development review committees
2 must be known to demonstrate the best practices in teaching or
3 their respective field of practice.
4     (h)(1) The State Teacher Certification Board shall review
5 the regional superintendent of schools' recommendations to
6 renew or nonrenew Standard Teaching Certificates and notify
7 certificate holders in writing whether their certificates have
8 been renewed or nonrenewed within 90 days of receipt of the
9 recommendations, unless a certificate holder has appealed a
10 regional superintendent of schools' recommendation of
11 nonrenewal, as provided in paragraph (2) of this subsection
12 (h). The State Teacher Certification Board shall verify that
13 the certificate holder has met the renewal criteria set forth
14 in paragraph (1) of subsection (g) of this Section.
15     (2) Each certificate holder shall have the right to appeal
16 a regional superintendent of school's recommendation to
17 nonrenew his or her Standard Teaching Certificate to the State
18 Teacher Certification Board, within 14 days of receipt of
19 notice that the decision has been sent to the State Teacher
20 Certification Board, which shall hold an appeal hearing within
21 60 days of receipt of the appeal. When such an appeal is taken,
22 the certificate holder's Standard Teaching Certificate shall
23 continue to be valid until the appeal is finally determined.
24 The State Teacher Certification Board shall review the regional
25 superintendent of school's recommendation, the regional
26 professional development review committee's recommendation, if

 

 

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1 any, and the local professional development committee's
2 recommendation, if any, and all relevant documentation to
3 verify whether the certificate holder has met the renewal
4 criteria set forth in paragraph (1) of subsection (g) of this
5 Section. The State Teacher Certification Board may request that
6 the certificate holder appear before it. All actions taken by
7 the State Teacher Certification Board shall require a quorum
8 and be by a simple majority of those present and voting. A
9 record of all votes shall be maintained. The State Teacher
10 Certification Board shall notify the certificate holder in
11 writing, within 7 days of completing the review, whether his or
12 her Standard Teaching Certificate has been renewed or
13 nonrenewed, provided that if the State Teacher Certification
14 Board determines to nonrenew a certificate, the written notice
15 provided to the certificate holder shall be by certified mail,
16 return receipt requested. All certificate renewal or
17 nonrenewal decisions of the State Teacher Certification Board
18 are final and subject to administrative review, as set forth in
19 Section 21-24 of this Code.
20     (i) Holders of Master Teaching Certificates shall meet the
21 same requirements and follow the same procedures as holders of
22 Standard Teaching Certificates, except that their renewal
23 cycle shall be as set forth in subsection (d) of Section 21-2
24 of this Code and their renewal requirements shall be subject to
25 paragraph (8) of subsection (c) of Section 21-2 of this Code.
26     A holder of a teaching certificate endorsed as a

 

 

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1 speech-language pathologist who has been granted the
2 Certificate of Clinical Competence by the American
3 Speech-Language Hearing Association may renew his or her
4 Standard Teaching Certificate pursuant to the 10-year renewal
5 cycle set forth in subsection (d) of Section 21-2 of this Code.
6     (j) Holders of Valid and Exempt Standard and Master
7 Teaching Certificates who are not employed and performing
8 services in an Illinois public or State-operated elementary
9 school, secondary school, or cooperative or joint agreement
10 with a governing body or board of control, in a certificated
11 teaching position, may voluntarily activate their certificates
12 through the regional superintendent of schools of the regional
13 office of education for the geographic area where their
14 teaching is done. These certificate holders shall follow the
15 same renewal criteria and procedures as all other Standard and
16 Master Teaching Certificate holders, except that their
17 continuing professional development activities need not
18 reflect or address the knowledge, skills, and goals of a local
19 school improvement plan.
20     (k) (Blank).
21     (l) (Blank).
22     (m) The changes made to this Section by this amendatory Act
23 of the 93rd General Assembly that affect renewal of Standard
24 and Master Certificates shall apply to those persons who hold
25 Standard or Master Certificates on or after the effective date
26 of this amendatory Act of the 93rd General Assembly and shall

 

 

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1 be given effect upon renewal of those certificates.
2 (Source: P.A. 95-331, eff. 8-21-07.)
 
3     (105 ILCS 5/27-23)  (from Ch. 122, par. 27-23)
4     Sec. 27-23. Motor Vehicle Code. The curriculum in all
5 public schools shall include a course dealing with the content
6 of Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle
7 Code, the rules and regulations adopted pursuant to those
8 Chapters insofar as they pertain to the operation of motor
9 vehicles, and the portions of the Litter Control Act relating
10 to the operation of motor vehicles. Instruction shall be given
11 in safety education in each grade, 1 through 8, equivalent to 1
12 class period each week, and in at least 1 of the years in
13 grades 10 through 12. The course of instruction required of
14 each eligible student at the high school level shall consist of
15 a minimum of 30 clock hours of classroom instruction taught by
16 a certified high school teacher who has acquired special
17 qualifications as required for participation under the terms of
18 Section 27-24.2 of this Act. Each school district maintaining
19 grades 9 through 12: (i) shall provide the classroom course for
20 each public and non-public high school student resident of the
21 school district who either has received a passing grade in at
22 least 8 courses during the previous 2 semesters or has received
23 a waiver of that requirement from the local superintendent of
24 schools (with respect to a public high school student) or chief
25 school administrator (with respect to a non-public high school

 

 

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1 student), as provided in Section 27-24.2, and for each
2 out-of-school resident of the district between the age of 15
3 and 21 years who requests the classroom course, and (ii) may
4 provide such classroom course for any resident of the district
5 over age 55 who requests the classroom course, but only if
6 space therein remains available after all eligible public and
7 non-public high school student residents and out-of-school
8 residents between the age of 15 and 21 who request such course
9 have registered therefor, and only if such resident of the
10 district over age 55 has not previously been licensed as a
11 driver under the laws of this or any other state or country.
12 Each school district (i) shall provide an approved course in
13 practice driving consisting of a minimum of 6 clock hours of
14 individual behind-the-wheel instruction or its equivalent in a
15 car, as determined by the State Board of Education, for each
16 eligible resident of the district between the age of 15 and 21
17 years who has started an approved high school classroom driver
18 education course on request, and (ii) may provide such approved
19 course in practice driving for any resident of the district
20 over age 55 on request and without regard to whether or not
21 such resident has started any high school classroom driver
22 education course, but only if space therein remains available
23 after all eligible residents of the district between the ages
24 of 15 and 21 years who have started an approved classroom
25 driver education course and who request such course in practice
26 driving have registered therefor, and only if such resident of

 

 

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1 the district over age 55 has not previously been licensed as a
2 driver under the laws of this or any other state or country.
3 Subject to rules and regulations of the State Board of
4 Education, the district may charge a reasonable fee, not to
5 exceed $50, to students who participate in the course, unless a
6 student is unable to pay for such a course, in which event the
7 fee for such a student shall be waived. The total amount from
8 driver education fees and reimbursement from the State for
9 driver education must not exceed the total cost of the driver
10 education program in any year and must be deposited into the
11 school district's driver education fund as a separate line item
12 budget entry. All moneys deposited into the school district's
13 driver education fund must be used solely for the funding of a
14 high school driver education program approved by the State
15 Board of Education that uses instructors certified by the State
16 Board of Education. If a district provides the classroom or
17 practice driving course or both of such courses to any
18 residents of the district over age 55, the district may charge
19 such residents a fee in any amount up to but not exceeding the
20 actual cost of the course or courses in which such residents
21 participate. The course of instruction given in grades 10
22 through 12 shall include an emphasis on the development of
23 knowledge, attitudes, habits and skills necessary for the safe
24 operation of motor vehicles including motorcycles insofar as
25 they can be taught in the classroom, and in addition the course
26 shall include instruction on special hazards existing at, and

 

 

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1 required extra safety and driving precautions that must be
2 observed at, emergency situations, highway construction and
3 maintenance zones, and railroad crossings and the approaches
4 thereto.
5 (Source: P.A. 94-426, eff. 1-1-06.)
 
6     (105 ILCS 5/27-24.4)  (from Ch. 122, par. 27-24.4)
7     Sec. 27-24.4. Reimbursement amount. Each school district
8 shall be entitled to reimbursement, for each pupil, excluding
9 each resident of the district over age 55, who finishes either
10 the classroom instruction part or the practice driving part of
11 a driver education course that meets the minimum requirements
12 of this Act. However, if a school district has adopted a policy
13 to permit proficiency examinations for the practice driving
14 part of the driver education course as provided under Section
15 27-24.3, then the school district is entitled to only one-half
16 of the reimbursement amount for the practice driving part for
17 each pupil who has passed the proficiency examination, and the
18 State Board of Education shall adjust the reimbursement formula
19 accordingly. Reimbursement under this Act is payable from the
20 Drivers Education Fund in the State treasury.
21     Each year all funds appropriated from the Drivers Education
22 Fund to the State Board of Education, with the exception of
23 those funds necessary for administrative purposes of the State
24 Board of Education, shall be distributed in the manner provided
25 in this paragraph to school districts by the State Board of

 

 

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1 Education for reimbursement of claims from the previous school
2 year. As soon as may be after each quarter of the year, if
3 moneys are available in the Drivers Education Fund in the State
4 treasury for payments under this Section, the State Comptroller
5 shall draw his or her warrants upon the State Treasurer as
6 directed by the State Board of Education. The warrant for each
7 quarter shall be in an amount equal to one-fourth of the total
8 amount to be distributed to school districts for the year.
9 Payments shall be made to school districts as soon as may be
10 after receipt of the warrants.
11     The base reimbursement amount shall be calculated by the
12 State Board by dividing the total amount appropriated for
13 distribution by the total of: (a) the number of students,
14 excluding residents of the district over age 55, who have
15 completed the classroom instruction part for whom valid claims
16 have been made times 0.2; plus (b) the number of students,
17 excluding residents of the district over age 55, who have
18 completed the practice driving instruction part for whom valid
19 claims have been made times 0.8.
20     The amount of reimbursement to be distributed on each claim
21 shall be 0.2 times the base reimbursement amount for each
22 validly claimed student, excluding residents of the district
23 over age 55, who has completed the classroom instruction part,
24 plus 0.8 times the base reimbursement amount for each validly
25 claimed student, excluding residents of the district over age
26 55, who has completed the practice driving instruction part.

 

 

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1 The school district which is the residence of a pupil who
2 attends a nonpublic school in another district that has
3 furnished the driver education course shall reimburse the
4 district offering the course, the difference between the actual
5 per capita cost of giving the course the previous school year
6 and the amount reimbursed by the State.
7     By April 1 the nonpublic school shall notify the district
8 offering the course of the names and district numbers of the
9 nonresident students desiring to take such course the next
10 school year. The district offering such course shall notify the
11 district of residence of those students affected by April 15.
12 The school district furnishing the course may claim the
13 nonresident pupil for the purpose of making a claim for State
14 reimbursement under this Act.
15 (Source: P.A. 94-440, eff. 8-4-05; 94-525, eff. 1-1-06; 95-331,
16 eff. 8-21-07.)
 
17     (105 ILCS 5/34-18.34)
18     Sec. 34-18.34. Student biometric information.
19     (a) For the purposes of this Section, "biometric
20 information" means any information that is collected through an
21 identification process for individuals based on their unique
22 behavioral or physiological characteristics, including
23 fingerprint, hand geometry, voice, or facial recognition or
24 iris or retinal scans.
25     (b) If the school district collects biometric information

 

 

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1 from students, the district shall adopt a policy that requires,
2 at a minimum, all of the following:
3         (1) Written permission from the individual who has
4     legal custody of the student, as defined in Section
5     10-20.12b of this Code, or from the student if he or she
6     has reached the age of 18.
7         (2) The discontinuation of use of a student's biometric
8     information under either of the following conditions:
9             (A) upon the student's graduation or withdrawal
10         from the school district; or
11             (B) upon receipt in writing of a request for
12         discontinuation by the individual having legal custody
13         of the student or by the student if he or she has
14         reached the age of 18.
15         (3) The destruction of all of a student's biometric
16     information within 30 days after the use of the biometric
17     information is discontinued in accordance with item (2) of
18     this subsection (b).
19         (4) The use of biometric information solely for
20     identification or fraud prevention.
21         (5) A prohibition on the sale, lease, or other
22     disclosure of biometric information to another person or
23     entity, unless:
24             (A) the individual who has legal custody of the
25         student or the student, if he or she has reached the
26         age of 18, consents to the disclosure; or

 

 

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1             (B) the disclosure is required by court order.
2         (6) The storage, transmittal, and protection of all
3     biometric information from disclosure.
4     (c) Failure to provide written consent under item (1) of
5 subsection (b) of this Section by the individual who has legal
6 custody of the student or by the student, if he or she has
7 reached the age of 18, must not be the basis for refusal of any
8 services otherwise available to the student.
9     (d) Student biometric information may be destroyed without
10 notification to or the approval of a local records commission
11 under the Local Records Act if destroyed within 30 days after
12 the use of the biometric information is discontinued in
13 accordance with item (2) of subsection (b) of this Section.
14 (Source: P.A. 95-232, eff. 8-16-07.)
 
15     Section 6. The Illinois School Student Records Act is
16 amended by changing Section 6 as follows:
 
17     (105 ILCS 10/6)  (from Ch. 122, par. 50-6)
18     Sec. 6. (a) No school student records or information
19 contained therein may be released, transferred, disclosed or
20 otherwise disseminated, except as follows:
21         (1) To a parent or student or person specifically
22     designated as a representative by a parent, as provided in
23     paragraph (a) of Section 5;
24         (2) To an employee or official of the school or school

 

 

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1     district or State Board with current demonstrable
2     educational or administrative interest in the student, in
3     furtherance of such interest;
4         (3) To the official records custodian of another school
5     within Illinois or an official with similar
6     responsibilities of a school outside Illinois, in which the
7     student has enrolled, or intends to enroll, upon the
8     request of such official or student;
9         (4) To any person for the purpose of research,
10     statistical reporting or planning, provided that no
11     student or parent can be identified from the information
12     released and the person to whom the information is released
13     signs an affidavit agreeing to comply with all applicable
14     statutes and rules pertaining to school student records;
15         (5) Pursuant to a court order, provided that the parent
16     shall be given prompt written notice upon receipt of such
17     order of the terms of the order, the nature and substance
18     of the information proposed to be released in compliance
19     with such order and an opportunity to inspect and copy the
20     school student records and to challenge their contents
21     pursuant to Section 7;
22         (6) To any person as specifically required by State or
23     federal law;
24         (6.5) To juvenile authorities when necessary for the
25     discharge of their official duties who request information
26     prior to adjudication of the student and who certify in

 

 

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1     writing that the information will not be disclosed to any
2     other party except as provided under law or order of court.
3     For purposes of this Section "juvenile authorities" means:
4     (i) a judge of the circuit court and members of the staff
5     of the court designated by the judge; (ii) parties to the
6     proceedings under the Juvenile Court Act of 1987 and their
7     attorneys; (iii) probation officers and court appointed
8     advocates for the juvenile authorized by the judge hearing
9     the case; (iv) any individual, public or private agency
10     having custody of the child pursuant to court order; (v)
11     any individual, public or private agency providing
12     education, medical or mental health service to the child
13     when the requested information is needed to determine the
14     appropriate service or treatment for the minor; (vi) any
15     potential placement provider when such release is
16     authorized by the court for the limited purpose of
17     determining the appropriateness of the potential
18     placement; (vii) law enforcement officers and prosecutors;
19     (viii) adult and juvenile prisoner review boards; (ix)
20     authorized military personnel; (x) individuals authorized
21     by court;
22         (7) Subject to regulations of the State Board, in
23     connection with an emergency, to appropriate persons if the
24     knowledge of such information is necessary to protect the
25     health or safety of the student or other persons;
26         (8) To any person, with the prior specific dated

 

 

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1     written consent of the parent designating the person to
2     whom the records may be released, provided that at the time
3     any such consent is requested or obtained, the parent shall
4     be advised in writing that he has the right to inspect and
5     copy such records in accordance with Section 5, to
6     challenge their contents in accordance with Section 7 and
7     to limit any such consent to designated records or
8     designated portions of the information contained therein;
9         (9) To a governmental agency, or social service agency
10     contracted by a governmental agency, in furtherance of an
11     investigation of a student's school attendance pursuant to
12     the compulsory student attendance laws of this State,
13     provided that the records are released to the employee or
14     agent designated by the agency;
15         (10) To those SHOCAP committee members who fall within
16     the meaning of "state and local officials and authorities",
17     as those terms are used within the meaning of the federal
18     Family Educational Rights and Privacy Act, for the purposes
19     of identifying serious habitual juvenile offenders and
20     matching those offenders with community resources pursuant
21     to Section 5-145 of the Juvenile Court Act of 1987, but
22     only to the extent that the release, transfer, disclosure,
23     or dissemination is consistent with the Family Educational
24     Rights and Privacy Act; or
25         (11) To the Department of Healthcare and Family
26     Services in furtherance of the requirements of Section

 

 

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1     2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
2     Section 10 of the School Breakfast and Lunch Program Act.
3         (12) To the State Board or another State government
4     agency or between or among State government agencies in
5     order to evaluate or audit federal and State programs or
6     perform research and planning, but only to the extent that
7     the release, transfer, disclosure, or dissemination is
8     consistent with the federal Family Educational Rights and
9     Privacy Act (20 U.S.C. 1221 et seq.).
10     (b) No information may be released pursuant to
11 subparagraphs (3) or (6) of paragraph (a) of this Section 6
12 unless the parent receives prior written notice of the nature
13 and substance of the information proposed to be released, and
14 an opportunity to inspect and copy such records in accordance
15 with Section 5 and to challenge their contents in accordance
16 with Section 7. Provided, however, that such notice shall be
17 sufficient if published in a local newspaper of general
18 circulation or other publication directed generally to the
19 parents involved where the proposed release of information is
20 pursuant to subparagraph 6 of paragraph (a) in this Section 6
21 and relates to more than 25 students.
22     (c) A record of any release of information pursuant to this
23 Section must be made and kept as a part of the school student
24 record and subject to the access granted by Section 5. Such
25 record of release shall be maintained for the life of the
26 school student records and shall be available only to the

 

 

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1 parent and the official records custodian. Each record of
2 release shall also include:
3         (1) The nature and substance of the information
4     released;
5         (2) The name and signature of the official records
6     custodian releasing such information;
7         (3) The name of the person requesting such information,
8     the capacity in which such a request has been made, and the
9     purpose of such request;
10         (4) The date of the release; and
11         (5) A copy of any consent to such release.
12     (d) Except for the student and his parents, no person to
13 whom information is released pursuant to this Section and no
14 person specifically designated as a representative by a parent
15 may permit any other person to have access to such information
16 without a prior consent of the parent obtained in accordance
17 with the requirements of subparagraph (8) of paragraph (a) of
18 this Section.
19     (e) Nothing contained in this Act shall prohibit the
20 publication of student directories which list student names,
21 addresses and other identifying information and similar
22 publications which comply with regulations issued by the State
23 Board.
24 (Source: P.A. 95-331, eff. 8-21-07.)
 
25     Section 7. The Illinois Mathematics and Science Academy Law

 

 

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1 is amended by changing Sections 2 and 3 as follows:
 
2     (105 ILCS 305/2)  (from Ch. 122, par. 1503-2)
3     Sec. 2. Establishment, Funding and Location. There is
4 hereby created the Illinois Mathematics and Science Academy,
5 which shall be a residential institution located in the Fox
6 River Valley in close proximity to the national science
7 laboratories based in Illinois. The Academy may develop
8 additional campuses throughout the State, however, any
9 additional campus does not need to serve as a residential
10 institution. The Academy shall be a State agency, funded by
11 State appropriations, private contributions and endowments.
12 Minimal fees for residential students may be charged. The
13 Academy may admit those students who have completed the
14 academic equivalent of the 9th grade and may offer a program of
15 secondary and postsecondary course work. Admission shall be
16 determined by competitive examination.
17     In order to be eligible for State appropriations, the
18 Academy shall submit to the Board of Higher Education not later
19 than the 1st day of October of each year its budget proposal
20 for the operation and capital needs of the Academy for its next
21 fiscal year.
22 (Source: P.A. 86-109.)
 
23     (105 ILCS 305/3)  (from Ch. 122, par. 1503-3)
24     Sec. 3. Board of Trustees. The Illinois Mathematics and

 

 

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1 Science Academy shall be governed by a Board of Trustees which
2 shall consist of the following members:
3     1. Ex Four ex officio nonvoting members who shall be: the
4 State Superintendent of Education; the Executive Director of
5 the Illinois Community College Board; the Executive Director of
6 the State Board of Higher Education; and the superintendent of
7 schools of Superintendent of Schools in the school district
8 where each campus of in which the Academy is located.
9     2. Three Representatives of Secondary Education, one of
10 whom must be a math or science teacher, appointed by the State
11 Superintendent of Education.
12     3. Two Representatives of Higher Education, one of whom
13 must be a Dean of Education, appointed by the Executive
14 Director of the Illinois Board of Higher Education.
15     4. Three representatives of the scientific community in
16 Illinois appointed by the Governor.
17     5. Three representatives of the Illinois private
18 industrial sector appointed by the Governor.
19     6. Two members representative of the general public at
20 large appointed by the Governor.
21     With the exception of the initial appointments, the members
22 terms of office shall be for 6 years. At the first meeting
23 members shall draw lots for appointments of 2, 4 or 6 year
24 initial terms. Vacancies shall be filled for the unexpired
25 portion of the terms by appointment of the officer who
26 appointed the person causing such vacancy. The initial terms

 

 

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1 shall commence upon appointment and upon expiration of a term,
2 the member shall continue serving until a successor is
3 appointed. The Board shall select a chair from among its
4 members who shall serve a 2 year term as chair. Members shall
5 receive no salary but shall be reimbursed for all ordinary and
6 necessary expenses incurred in performing their duties as
7 members of the Board.
8 (Source: P.A. 84-126.)
 
9     Section 8. The Illinois Summer School for the Arts Act is
10 amended by adding Section 4.5 as follows:
 
11     (105 ILCS 310/4.5 new)
12     Sec. 4.5. Transfer to State Board of Education.
13     (a) On the effective date of this amendatory Act of the
14 95th General Assembly, the board of trustees of the Illinois
15 Summer School for the Arts is abolished and the terms of all
16 members end. On that date, all of the powers, duties, assets,
17 liabilities, employees, contracts, property, records, pending
18 business, and unexpended appropriations of the board of
19 trustees of the Illinois Summer School for the Arts are
20 transferred to the State Board of Education.
21     (b) For purposes of the Successor Agency Act and Section 9b
22 of the State Finance Act, the State Board of Education is
23 declared to be the successor agency of the board of trustees of
24 the Illinois Summer School for the Arts.

 

 

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1     (c) Beginning on the effective date of this amendatory Act
2 of the 95th General Assembly, references in statutes, rules,
3 forms, and other documents to the board of trustees of the
4 Illinois Summer School for the Arts shall, in appropriate
5 contexts, be deemed to refer to the State Board of Education.
6     (d) Rules, standards, and procedures of the board of
7 trustees of the Illinois Summer School for the Arts in effect
8 on the effective date of this amendatory Act of the 95th
9 General Assembly shall be deemed rules, standards, and
10 procedures of the State Board of Education and shall remain in
11 effect until amended or repealed by the State Board of
12 Education.
 
13     Section 9. The Vocational Education Act is amended by
14 changing Section 2 as follows:
 
15     (105 ILCS 435/2)  (from Ch. 122, par. 697)
16     Sec. 2. Upon the effective date of this amendatory Act of
17 1975 and thereafter, any reference in this Act or any other
18 Illinois statute to the Board of Vocational Education and
19 Rehabilitation, as such reference pertains to vocational and
20 technical education, means and refers to the State Board of
21 Education. Notwithstanding the provisions of any Act or statute
22 to the contrary, upon the effective date of this amendatory Act
23 of 1975, the State Board of Education shall assume all powers
24 and duties pertaining to vocational and technical education.

 

 

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1 The State Board of Education shall be responsible for policy
2 and guidelines pertaining to vocational and technical
3 education and shall exercise the following powers and duties:
4     (a) To co-operate with the federal government in the
5 administration of the provisions of the Federal Vocational
6 Education Law, to the extent and in the manner therein
7 provided;
8     (b) To promote and aid in the establishment of schools and
9 classes of the types and standards provided for in the plans of
10 the Board, as approved by the federal government, and to
11 co-operate with State agencies maintaining such schools or
12 classes and with State and local school authorities in the
13 maintenance of such schools and classes;
14     (c) To conduct and prepare investigations and studies in
15 relation to vocational education and to publish the results of
16 such investigations and studies;
17     (d) To promulgate reasonable rules and regulations
18 relating to vocational and technical education;
19     (e) To report, in writing, to the Governor annually on or
20 before the fourteenth day of January. The annual report shall
21 contain (1) a statement to the extent to which vocational
22 education has been established and maintained in the State; (2)
23 a statement of the existing condition of vocational education
24 in the State; (3) a statement of suggestions and
25 recommendations with reference to the development of
26 vocational education in the State; (4) (blank); a statement of

 

 

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1 recommendations on programs and policies to overcome sex bias
2 and sex stereotyping in vocational education programming and an
3 assessment of the State's progress in achieving such goals
4 prepared by the state vocational education sex equity
5 coordinator pursuant to the Federal Vocational Education Law;
6 and (5) an itemized statement of the amounts of money received
7 from Federal and State sources, and of the objects and purposes
8 to which the respective items of these several amounts have
9 been devoted; and
10     (f) To make such reports to the federal government as may
11 be required by the provisions of the Federal Vocational
12 Education Law, and by the rules and regulations of the federal
13 agency administering the Federal Vocational Education Law.
14     (g) To make grants subject to appropriation and to
15 administer and promulgate rules and regulations to implement a
16 vocational equipment program. The use of such grant funds shall
17 be limited to obtaining equipment for vocational education
18 programs, school shops and laboratories. The State Board of
19 Education shall adopt appropriate regulations to administer
20 this paragraph.
21 (Source: P.A. 86-560.)
 
22     Section 10. The Missing Children Records Act is amended by
23 changing Section 5 as follows:
 
24     (325 ILCS 50/5)  (from Ch. 23, par. 2285)

 

 

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1     Sec. 5. Duties of school or other entity.
2     (a) Upon notification by the Department of a person's
3 disappearance, a school, preschool educational program, child
4 care facility, or day care home or group day care home in which
5 the person is currently or was previously enrolled shall flag
6 the record of that person in such a manner that whenever a copy
7 of or information regarding the record is requested, the school
8 or other entity shall be alerted to the fact that the record is
9 that of a missing person. The school or other entity shall
10 immediately report to the Department any request concerning
11 flagged records or knowledge as to the whereabouts of any
12 missing person. Upon notification by the Department that the
13 missing person has been recovered, the school or other entity
14 shall remove the flag from the person's record.
15     (b) (1) For every child enrolled Upon enrollment of a child
16 for the first time in a particular elementary or secondary
17 school, public or private preschool educational program,
18 public or private child care facility licensed under the Child
19 Care Act of 1969, or day care home or group day care home
20 licensed under the Child Care Act of 1969, that school or other
21 entity shall notify in writing the person enrolling the child
22 that within 30 days he must provide either (i) a certified copy
23 of the child's birth certificate or (ii) other reliable proof,
24 as determined by the Department, of the child's identity and
25 age and an affidavit explaining the inability to produce a copy
26 of the birth certificate. Other reliable proof of the child's

 

 

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1 identity and age shall include a passport, visa or other
2 governmental documentation of the child's identity. When the
3 person enrolling the child provides the school or other entity
4 with a certified copy of the child's birth certificate, the
5 school or other entity shall promptly make a copy of the
6 certified copy for its records and return the original
7 certified copy to the person enrolling the child. Once a school
8 or other entity has been provided with a certified copy of a
9 child's birth certificate as required under item (i) of this
10 subdivision (b)(1), the school or other entity need not request
11 another such certified copy with respect to that child for any
12 other year in which the child is enrolled in that school or
13 other entity.
14     (2) Upon the failure of a person enrolling a child to
15 comply with subsection (b) (1), the school or other entity
16 shall immediately notify the Department or local law
17 enforcement agency of such failure, and shall notify the person
18 enrolling the child in writing that he has 10 additional days
19 to comply.
20     (3) The school or other entity shall immediately report to
21 the Department any affidavit received pursuant to this
22 subsection which appears inaccurate or suspicious in form or
23 content.
24     (c) Within 14 days after enrolling a transfer student, the
25 elementary or secondary school shall request directly from the
26 student's previous school a certified copy of his record. The

 

 

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1 requesting school shall exercise due diligence in obtaining the
2 copy of the record requested. Any elementary or secondary
3 school requested to forward a copy of a transferring student's
4 record to the new school shall comply within 10 days of receipt
5 of the request unless the record has been flagged pursuant to
6 subsection (a), in which case the copy shall not be forwarded
7 and the requested school shall notify the Department or local
8 law enforcement authority of the request.
9 (Source: P.A. 95-439, eff. 1-1-08.)
 
10     (105 ILCS 5/2-3.21 rep.)
11     (105 ILCS 5/2-3.61 rep.)
12     (105 ILCS 5/2-3.65 rep.)
13     (105 ILCS 5/2-3.92 rep.)
14     (105 ILCS 5/2-3.93 rep.)
15     (105 ILCS 5/2-3.94 rep.)
16     (105 ILCS 5/2-3.95 rep.)
17     (105 ILCS 5/2-3.99 rep.)
18     (105 ILCS 5/2-3.102 rep.)
19     (105 ILCS 5/2-3.124 rep.)
20     (105 ILCS 5/10-22.22a rep.)
21     (105 ILCS 5/13B-40.5 rep.)
22     (105 ILCS 5/13B-40.10 rep.)
23     (105 ILCS 5/13B-40.15 rep.)
24     (105 ILCS 5/13B-40.20 rep.)
25     (105 ILCS 5/13B-40.25 rep.)

 

 

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1     (105 ILCS 5/13B-40.30 rep.)
2     (105 ILCS 5/18-8.4 rep.)
3     (105 ILCS 5/21-18 rep.)
4     (105 ILCS 5/21-26 rep.)
5     (105 ILCS 5/27-23.2 rep.)
6     (105 ILCS 5/prec. Sec. 27-25 heading rep.)
7     (105 ILCS 5/27-25 rep.)
8     (105 ILCS 5/27-25.1 rep.)
9     (105 ILCS 5/27-25.2 rep.)
10     (105 ILCS 5/27-25.3 rep.)
11     (105 ILCS 5/27-25.4 rep.)
12     Section 11. The School Code is amended by repealing
13 Sections 2-3.21, 2-3.61, 2-3.65, 2-3.92, 2-3.93, 2-3.94,
14 2-3.95, 2-3.99, 2-3.102, 2-3.124, 10-22.22a, 13B-40.5,
15 13B-40.10, 13B-40.15, 13B-40.20, 13B-40.25, 13B-40.30, 18-8.4,
16 21-18, 21-26, 27-23.2, 27-25, 27-25.1, 27-25.2, 27-25.3, and
17 27-25.4 and the heading preceding Section 27-25.
 
18     (105 ILCS 310/4 rep.)
19     (105 ILCS 310/5 rep.)
20     Section 15. The Illinois Summer School for the Arts Act is
21 amended by repealing Sections 4 and 5.
 
22     (105 ILCS 420/Act rep.)
23     Section 20. The Council on Vocational Education Act is
24 repealed.
 

 

 

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1     (105 ILCS 423/Act rep.)
2     Section 25. The Occupational Skill Standards Act is
3 repealed.
 
4     Section 95. No acceleration or delay. Where this Act makes
5 changes in a statute that is represented in this Act by text
6 that is not yet or no longer in effect (for example, a Section
7 represented by multiple versions), the use of that text does
8 not accelerate or delay the taking effect of (i) the changes
9 made by this Act or (ii) provisions derived from any other
10 Public Act.
 
11     Section 99. Effective date. This Section and Section 10
12 take effect upon becoming law.