093_HB3126

 
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 1        AN  ACT concerning education, which may be referred to as
 2    the Chicago Education Reform Act of 2003.

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

 5        Section  5.   The  School  Code  is  amended  by changing
 6    Sections 27A-4, 27A-5, 27A-6, 27A-10, 34-8.1, and  34-18  and
 7    adding Section 34-3.5 as follows:

 8        (105 ILCS 5/27A-4)
 9        Sec. 27A-4.  General Provisions.
10        (a)  The  General  Assembly  does  not intend to alter or
11    amend the provisions of any court-ordered desegregation  plan
12    in effect for any school district.  A charter school shall be
13    subject  to  all  federal  and  State laws and constitutional
14    provisions  prohibiting  discrimination  on  the   basis   of
15    disability,  race,  creed,  color,  gender,  national origin,
16    religion, ancestry,  marital  status,  or  need  for  special
17    education services.
18        (b)  The  total number of charter schools operating under
19    this Article at any one time shall not  exceed  60  45.   Not
20    more than 30 15 charter schools shall operate at any one time
21    in  any  city having a population exceeding 500,000; not more
22    than 15 charter schools shall operate at any one time in  the
23    counties  of  DuPage,  Kane,  Lake,  McHenry,  Will, and that
24    portion of Cook County that is located outside a city  having
25    a  population  exceeding  500,000,  with  not  more  than one
26    charter  school  that  has  been  initiated  by  a  board  of
27    education, or by an intergovernmental  agreement  between  or
28    among  boards  of education, operating at any one time in the
29    school district where the charter school is located; and  not
30    more than 15 charter schools shall operate at any one time in
31    the  remainder  of  the State, with not more than one charter
 
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 1    school that has been initiated by a board of education, or by
 2    an intergovernmental agreement between  or  among  boards  of
 3    education,  operating  at any one time in the school district
 4    where the charter school is located.
 5        For purposes of  implementing  this  Section,  the  State
 6    Board  shall  assign  a  number to each charter submission it
 7    receives   under   Section   27A-6   for   its   review   and
 8    certification, based on the chronological order in which  the
 9    submission is received by it.  The State Board shall promptly
10    notify  local  school  boards  when  the  maximum  numbers of
11    certified charter schools authorized  to  operate  have  been
12    reached.
13        (c)  No  charter shall be granted under this Article that
14    would convert any existing private, parochial, or  non-public
15    school to a charter school.
16        (d)  Enrollment  in a charter school shall be open to any
17    pupil who resides within the  geographic  boundaries  of  the
18    area served by the local school board.
19        (e)  Nothing  in  this  Article  shall  prevent 2 or more
20    local school boards from  jointly  issuing  a  charter  to  a
21    single  shared  charter  school,  provided  that  all  of the
22    provisions of this Article are met as to those  local  school
23    boards.
24        (f)  No  local school board shall require any employee of
25    the school district to be employed in a charter school.
26        (g)  No  local  school  board  shall  require  any  pupil
27    residing within the geographic boundary of  its  district  to
28    enroll in a charter school.
29        (h)  If there are more eligible applicants for enrollment
30    in   a  charter  school  than  there  are  spaces  available,
31    successful applicants shall be selected by lottery.  However,
32    priority shall be given to siblings of pupils enrolled in the
33    charter school and to pupils who were enrolled in the charter
34    school the previous school year, unless expelled  for  cause.
 
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 1    Dual  enrollment at both a charter school and a public school
 2    or non-public school shall not be allowed.  A  pupil  who  is
 3    suspended  or  expelled from a charter school shall be deemed
 4    to be suspended or expelled from the public  schools  of  the
 5    school district in which the pupil resides.
 6        (i)  (Blank).
 7        (j)  Notwithstanding  any  other  provision of law to the
 8    contrary, a school district in a  city  having  a  population
 9    exceeding  500,000  shall  not  have  a  duty to collectively
10    bargain with an exclusive  representative  of  its  employees
11    over  decisions  to  grant  or deny a charter school proposal
12    under Section 27A-8 of  this  Code,  decisions  to  renew  or
13    revoke  a  charter  under Section 27A-9 of this Code, and the
14    impact of these decisions,  provided  that  nothing  in  this
15    Section  shall  have  the  effect  of  negating,  abrogating,
16    replacing,  reducing,  diminishing,  or  limiting  in any way
17    employee  rights,  guarantees,  or  privileges   granted   in
18    Sections  2,  3,  7,  8,  10,  14,  and  15  of  the Illinois
19    Educational Labor Relations Act.
20    (Source: P.A. 91-357,  eff.  7-29-99;  91-405,  eff.  8-3-99;
21    91-407, eff. 8-3-99; 92-16, eff. 6-28-01.)

22        (105 ILCS 5/27A-5)
23        Sec. 27A-5.  Charter school; legal entity; requirements.
24        (a)  A  charter  school  shall be a public, nonsectarian,
25    nonreligious,  non-home  based,  and  non-profit  school.   A
26    charter school shall be organized and operated as a nonprofit
27    corporation  or  other  discrete,  legal,  nonprofit   entity
28    authorized under the laws of the State of Illinois.
29        (b)  A  charter  school  may  be  established  under this
30    Article by creating a new school or by converting an existing
31    public school or attendance center to charter school  status.
32       Beginning  on the effective date of this amendatory Act of
33    the 93rd General Assembly, in all new applications  submitted
 
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 1    to  the  State  Board  or a local school board to establish a
 2    charter school  in  a  city  having  a  population  exceeding
 3    500,000,  operation of the charter school shall be limited to
 4    one  campus.  The  changes  made  to  this  Section  by  this
 5    amendatory Act of the 93rd General Assembly do not  apply  to
 6    charter  schools  existing  or  approved  on  or  before  the
 7    effective date of this amendatory Act.
 8        (c)  A  charter school shall be administered and governed
 9    by its board of directors or  other  governing  body  in  the
10    manner  provided  in  its  charter.   The governing body of a
11    charter school shall be subject to the Freedom of Information
12    Act and the Open Meetings Act.
13        (d)  A charter school shall comply  with  all  applicable
14    health  and  safety requirements applicable to public schools
15    under the laws of the State of Illinois.
16        (e)  Except as otherwise provided in the School  Code,  a
17    charter  school  shall  not  charge  tuition; provided that a
18    charter school may  charge  reasonable  fees  for  textbooks,
19    instructional materials, and student activities.
20        (f)  A  charter  school  shall  be  responsible  for  the
21    management and operation of its fiscal affairs including, but
22    not  limited  to, the preparation of its budget.  An audit of
23    each charter school's finances shall be conducted annually by
24    an outside, independent contractor retained  by  the  charter
25    school.
26        (g)  A charter school shall comply with all provisions of
27    this  Article  and  its  charter.  A charter school is exempt
28    from all other State laws and regulations in the School  Code
29    governing  public  schools  and  local school board policies,
30    except the following:
31             (1)  Sections 10-21.9 and 34-18.5 of the School Code
32        regarding   criminal   background    investigations    of
33        applicants for employment;
34             (2)  Sections  24-24  and  34-84A of the School Code
 
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 1        regarding discipline of students;
 2             (3)  The   Local   Governmental   and   Governmental
 3        Employees Tort Immunity Act;
 4             (4)  Section 108.75 of the General  Not  For  Profit
 5        Corporation  Act  of  1986  regarding  indemnification of
 6        officers, directors, employees, and agents;
 7             (5)  The Abused and Neglected Child Reporting Act;
 8             (6)  The Illinois School Student Records Act; and
 9             (7)  Section 10-17a of  the  School  Code  regarding
10        school report cards.
11        (h)  A  charter  school may negotiate and contract with a
12    school district, the governing body of  a  State  college  or
13    university  or  public community college, or any other public
14    or for-profit or nonprofit private entity for: (i) the use of
15    a school building and grounds or any other real  property  or
16    facilities  that the charter school desires to use or convert
17    for use as a charter school  site,  (ii)  the  operation  and
18    maintenance  thereof, and (iii) the provision of any service,
19    activity, or undertaking that the charter school is  required
20    to  perform  in  order to carry out the terms of its charter.
21    However, a charter  school  operating  in  a  city  having  a
22    population   exceeding   500,000  may  not  contract  with  a
23    for-profit entity to manage or operate the school during  the
24    period   that   commences  on  the  effective  date  of  this
25    amendatory Act of the 93rd General Assembly and concludes  at
26    the  end  of  the  2004-2005 school year. The changes made to
27    this Section by this  amendatory  Act  of  the  93rd  General
28    Assembly do not apply to charter schools existing or approved
29    on  or  before  the  effective  date  of this amendatory Act.
30    Except as provided in  subsection  (i)  of  this  Section,  a
31    school  district  may charge a charter school reasonable rent
32    for  the  use  of  the  district's  buildings,  grounds,  and
33    facilities.   Any  services  for  which  a   charter   school
34    contracts  with  a  school  district shall be provided by the
 
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 1    district at cost.  Any services for which  a  charter  school
 2    contracts  with  a  local  school board or with the governing
 3    body of a State college or  university  or  public  community
 4    college shall be provided by the public entity at cost.
 5        (i)  In   no   event  shall  a  charter  school  that  is
 6    established by converting an existing  school  or  attendance
 7    center  to  charter school status be required to pay rent for
 8    space that is deemed available, as negotiated and provided in
 9    the  charter  agreement,  in  school   district   facilities.
10    However, all other costs for the operation and maintenance of
11    school  district  facilities  that  are  used  by the charter
12    school shall be subject to negotiation  between  the  charter
13    school  and  the local school board and shall be set forth in
14    the charter.
15        (j)  A charter school may limit student enrollment by age
16    or grade level.
17    (Source: P.A. 91-407, eff. 8-3-99.)

18        (105 ILCS 5/27A-6)
19        Sec. 27A-6.  Contract contents; applicability of laws and
20    regulations.
21        (a)  A  certified  charter  shall  constitute  a  binding
22    contract and agreement between the charter school and a local
23    school board under the terms of which the local school  board
24    authorizes  the  governing  body  of  the  charter  school to
25    operate the charter school on  the  terms  specified  in  the
26    contract.
27        (b)  Notwithstanding any other provision of this Article,
28    the  certified  charter  may not waive or release the charter
29    school from  the  State  goals,  standards,  and  assessments
30    established  pursuant  to  Section 2-3.64. Beginning with the
31    2003-2004 school year, the certified charter  for  a  charter
32    school  operating  in  a  city  having a population exceeding
33    500,000 shall require the charter school  to  administer  any
 
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 1    other   nationally   recognized  standardized  tests  to  its
 2    students that the  chartering  entity  administers  to  other
 3    students,  and the results on such tests shall be included in
 4    the chartering entity's assessment reports.
 5        (c)  Subject to  the  provisions  of  subsection  (e),  a
 6    material  revision  to  a  previously certified contract or a
 7    renewal shall be made with the approval  of  both  the  local
 8    school board and the governing body of the charter school.
 9        (c-5)  The proposed contract shall include a provision on
10    how  both  parties  will  address  minor  violations  of  the
11    contract.
12        (d)  The  proposed contract between the governing body of
13    a proposed charter school  and  the  local  school  board  as
14    described in Section 27A-7 must be submitted to and certified
15    by  the  State Board before it can take effect.  If the State
16    Board recommends that the proposed contract be  modified  for
17    consistency with this Article before it can be certified, the
18    modifications must be consented to by both the governing body
19    of  the  charter  school  and  the  local  school  board, and
20    resubmitted to the State Board for its certification.  If the
21    proposed contract is  resubmitted  in  a  form  that  is  not
22    consistent  with  this Article, the State Board may refuse to
23    certify the charter.
24        The State Board shall assign a number to each  submission
25    or  resubmission in chronological order of receipt, and shall
26    determine whether the proposed contract  is  consistent  with
27    the  provisions  of  this  Article.  If the proposed contract
28    complies, the State Board shall so certify.
29        (e)  No  material  revision  to  a  previously  certified
30    contract or a renewal shall be effective unless and until the
31    State  Board  certifies  that  the  revision  or  renewal  is
32    consistent with the provisions of this Article.
33    (Source: P.A. 91-407, eff. 8-3-99.)
 
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 1        (105 ILCS 5/27A-10)
 2        Sec. 27A-10. Employees.
 3        (a)  A person shall be deemed to be employed by a charter
 4    school  unless  a  collective  bargaining  agreement  or  the
 5    charter school contract otherwise provides.
 6        (b)  In all school districts, including  special  charter
 7    districts and districts located in cities having a population
 8    exceeding  500,000, the local school board shall determine by
 9    policy  or  by  negotiated  agreement,  if  one  exists,  the
10    employment status of any school district  employees  who  are
11    employed  by  a  charter  school  and  who  seek to return to
12    employment in the public schools of the district.  Each local
13    school board shall grant, for a period of up to  5  years,  a
14    leave  of  absence  to  those  of  its  teachers  who  accept
15    employment  with  a  charter  school.   At  the  end  of  the
16    authorized  leave  of absence, the teacher must return to the
17    school district or resign; provided,  however,  that  if  the
18    teacher chooses to return to the school district, the teacher
19    must  be  assigned to a position which requires the teacher's
20    certification  and  legal  qualifications.   The  contractual
21    continued service status and retirement benefits of a teacher
22    of the district who is granted a leave of absence  to  accept
23    employment  with  a  charter  school shall not be affected by
24    that leave of absence.
25        (c)  Charter  schools  shall  employ   in   instructional
26    positions,  as  defined  in  the charter, individuals who are
27    certificated under Article 21 of this the School Code or  who
28    possess the following qualifications:
29             (i)  graduated  with  a  bachelor's  degree  from an
30        accredited institution of higher learning;
31             (ii)  been employed for a period of at least 5 years
32        in an area  requiring  application  of  the  individual's
33        education;
34             (iii)  passed  the tests of basic skills and subject
 
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 1        matter knowledge required by Section 21-1a of the  School
 2        Code; and
 3             (iv)  demonstrate     continuing     evidence     of
 4        professional  growth  which  shall  include,  but  not be
 5        limited to, successful teaching experience, attendance at
 6        professional   meetings,   membership   in   professional
 7        organizations, additional credits earned at  institutions
 8        of  higher  learning, travel specifically for educational
 9        purposes,  and  reading   of   professional   books   and
10        periodicals.
11        Charter    schools    employing    individuals    without
12    certification  in  instructional positions shall provide such
13    mentoring,  training,  and  staff   development   for   those
14    individuals  as  the  charter schools determine necessary for
15    satisfactory performance in the classroom.
16        Beginning with the 2006-2007 school year, at least 50% of
17    the individuals employed  in  instructional  positions  by  a
18    charter   school  that  is  operating  in  a  city  having  a
19    population exceeding 500,000 and that is  established  on  or
20    after  the  effective date of this amendatory Act of the 93rd
21    General Assembly  shall  hold  teaching  certificates  issued
22    under Article 21 of this Code.
23        Beginning with the 2006-2007 school year, at least 75% of
24    the  individuals  employed  in  instructional  positions by a
25    charter  school  that  is  operating  in  a  city  having   a
26    population  exceeding  500,000 and that is established before
27    the effective date of this amendatory Act of the 93rd General
28    Assembly  shall  hold  teaching  certificates  issued   under
29    Article 21 of this Code.
30        Charter  schools  operating in a city having a population
31    exceeding 500,000 are exempt  from  any  annual  cap  on  new
32    participants  in  an  alternative  certification program. The
33    second and third  phases  of  the  alternative  certification
34    program may be conducted and completed at the charter school,
 
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 1    and the alternative teaching certificate is valid for 4 years
 2    or  the  length  of  the  charter  (or  any  extension of the
 3    charter), whichever is longer.
 4        Notwithstanding any other provisions of the School  Code,
 5    charter  schools  may  employ  non-certificated  staff in all
 6    other positions.
 7        (d)  A teacher at a charter school may resign his or  her
 8    position  only  if the teacher gives notice of resignation to
 9    the charter school's governing body at least 60  days  before
10    the  end  of  the  school term, and the resignation must take
11    effect immediately upon the end of the school term.
12    (Source: P.A. 89-450, eff. 4-10-96.)

13        (105 ILCS 5/34-3.5 new)
14        Sec. 34-3.5.  Partnership agreement on advancing  student
15    achievement; No Child Left Behind Act of 2001.
16        (a)  The General Assembly finds that the Chicago Teachers
17    Union,  the  Chicago  Board  of Education, and the district's
18    chief executive officer have a common  responsibility  beyond
19    their   statutory   collective   bargaining  relationship  to
20    institute purposeful education reforms in the Chicago  Public
21    Schools  that  maximize the number of students in the Chicago
22    Public Schools who reach or exceed proficiency with regard to
23    State  academic  standards  and  assessments.   The   General
24    Assembly  further  finds that education reform in the Chicago
25    Public Schools must  be  premised  on  a  commitment  by  all
26    stakeholders  to  redefine relationships, develop, implement,
27    and evaluate programs, seek  new  and  additional  resources,
28    improve  the  value  of  educational  programs  to  students,
29    accelerate   the   quality   of   teacher  training,  improve
30    instructional   excellence,   and   develop   and   implement
31    strategies to comply with the federal No  Child  Left  Behind
32    Act of 2001 (Public Law 107-110).
33        The  Chicago  Board of Education and the district's chief
 
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 1    executive officer shall enter into  a  partnership  agreement
 2    with  the Chicago Teachers Union to allow the parties to work
 3    together to advance the Chicago Public Schools  to  the  next
 4    level  of  education  reform.  This agreement must be entered
 5    into and take effect within 90 days after the effective  date
 6    of  this amendatory Act of the 93rd General Assembly. As part
 7    of this agreement, the Chicago Teachers  Union,  the  Chicago
 8    Board  of  Education,  and  the  district's  chief  executive
 9    officer shall jointly file a report with the General Assembly
10    at  the end of each school year with respect to the nature of
11    the reforms that the parties have instituted, the  effect  of
12    these  reforms  on student achievement, and any other matters
13    that  the   parties   deem   relevant   to   evaluating   the
14    effectiveness of the agreement.
15        (b)  Decisions  concerning matters of inherent managerial
16    policy necessary to comply with the  federal  No  Child  Left
17    Behind Act of 2001 (Public Law 107-110), including such areas
18    of discretion or policy as the functions of the employer, the
19    standards  and delivery of educational services and programs,
20    the district's overall budget, the district's  organizational
21    structure,   student   assignment,  school  choice,  and  the
22    selection of new employees and direction  of  employees,  and
23    the  impact of these decisions on individual employees or the
24    bargaining unit shall be permissive  subjects  of  bargaining
25    between the educational employer and the exclusive bargaining
26    representative  and  are  within  the  sole discretion of the
27    educational employer to decide  to  bargain,  notwithstanding
28    any  other provision of this Code or any provision of Section
29    4.5 of the Illinois Educational Labor Relations  Act  to  the
30    contrary (provided that any dispute or impasse that may arise
31    under  this  subsection  (b) shall be resolved exclusively as
32    set forth in subsection (b) of Section  12  of  the  Illinois
33    Educational  Labor  Relations  Act  in lieu of a strike under
34    Section 13 of the Illinois Educational Labor Relations Act).
 
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 1        (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
 2        Sec. 34-8.1.  Principals. Principals shall be employed to
 3    supervise the operation of  each  attendance  center.   Their
 4    powers  and  duties  shall  include but not be limited to the
 5    authority (i) to direct,  supervise,  evaluate,  and  suspend
 6    with  or  without  pay  or otherwise discipline all teachers,
 7    assistant principals, and other  employees  assigned  to  the
 8    attendance center in accordance with board rules and policies
 9    and  (ii)  to  direct  all  other  persons  assigned  to  the
10    attendance  center  pursuant to a contract with a third party
11    to provide services to  the  school  system.   The  right  to
12    employ, discharge, and layoff shall be vested solely with the
13    board,  provided  that  decisions  to  discharge  or  suspend
14    non-certified  employees, including disciplinary layoffs, and
15    the  termination  of  certified  employees  from   employment
16    pursuant  to  a  layoff or reassignment policy are subject to
17    review  under  a  grievance  resolution   procedure   adopted
18    pursuant  to  subsection  (c)  of  Section 10 of the Illinois
19    Educational Labor Relations  Act.  The  grievance  resolution
20    procedure,  if  adopted by the board, shall provide for final
21    and  binding  arbitration,  and,  notwithstanding  any  other
22    provision of law to the contrary, the  arbitrator's  decision
23    may   include   all   make-whole  relief,  including  without
24    limitation reinstatement.  The principal shall fill positions
25    by appointment as provided  in  this  Section  and  may  make
26    recommendations   to  the  board  regarding  the  employment,
27    discharge, or layoff of any individual.  The authority of the
28    principal shall include the authority  to  direct  the  hours
29    during   which  the  attendance  center  shall  be  open  and
30    available for use provided the use complies with board  rules
31    and  policies, to determine when and what operations shall be
32    conducted within those hours, and to  schedule  staff  within
33    those  hours.  Under  the  direction  of,  and subject to the
34    authority of the principal, the Engineer In Charge  shall  be
 
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 1    accountable  for  the safe, economical operation of the plant
 2    and grounds and shall also be  responsible  for  orientation,
 3    training,  and  supervising  the work of Engineers, Trainees,
 4    school maintenance assistants, custodial  workers  and  other
 5    plant operation employees under his or her direction.
 6        There  shall  be  established  by  the  board a system of
 7    semi-annual evaluations conducted  by  the  principal  as  to
 8    performance  of  the  engineer  in  charge.   Nothing in this
 9    Section  shall  prevent   the   principal   from   conducting
10    additional  evaluations.   An overall  numerical rating shall
11    be given by the principal based on the  evaluation  conducted
12    by  the  principal.  An unsatisfactory numerical rating shall
13    result in disciplinary action,  which  may  include,  without
14    limitation  and  in  the  judgment  of the principal, loss of
15    promotion or bidding procedure, reprimand, suspension with or
16    without pay,  or  recommended  dismissal.   The  board  shall
17    establish   procedures  for  conducting  the  evaluation  and
18    reporting the results to the engineer in charge.
19        Under the direction of, and subject to the authority  of,
20    the principal, the Food Service Manager is responsible at all
21    times  for  the proper operation and maintenance of the lunch
22    room to which he is assigned and shall  also  be  responsible
23    for  the  orientation,  training, and supervising the work of
24    cooks, bakers, porters, and lunchroom attendants under his or
25    her direction.
26        There shall be established  by  the  Board  a  system  of
27    semi-annual  evaluations conducted by the principal as to the
28    performance of the food  service  manager.  Nothing  in  this
29    Section   shall   prevent   the   principal  from  conducting
30    additional evaluations. An overall numerical rating shall  be
31    given  by  the principal based on the evaluation conducted by
32    the principal.   An  unsatisfactory  numerical  rating  shall
33    result  in  disciplinary  action  which  may include, without
34    limitation and in the judgment  of  the  principal,  loss  of
 
                            -14-     LRB093 02649 NHT 02659 b
 1    promotion or bidding procedure, reprimand, suspension with or
 2    without  pay,  or  recommended  dismissal.   The  board shall
 3    establish rules for conducting the evaluation  and  reporting
 4    the results to the food service manager.
 5        Nothing  in  this Section shall be interpreted to require
 6    the employment or assignment of an  Engineer-In-Charge  or  a
 7    Food Service Manager for each attendance center.
 8        Principals shall be employed to supervise the educational
 9    operation of each attendance center. If a principal is absent
10    due  to  extended  illness  or leave or absence, an assistant
11    principal may be assigned as acting principal  for  a  period
12    not  to  exceed  100 school days. Each principal shall assume
13    administrative responsibility and  instructional  leadership,
14    in  accordance  with  reasonable rules and regulations of the
15    board, for the planning,  operation  and  evaluation  of  the
16    educational  program  of the attendance center to which he is
17    assigned. The principal shall submit recommendations  to  the
18    general superintendent concerning the appointment, dismissal,
19    retention,   promotion,   and  assignment  of  all  personnel
20    assigned to the attendance center; provided,  that  from  and
21    after  September  1,  1989:  (i)  if  any vacancy occurs in a
22    position at the attendance center or if an additional or  new
23    position  is  created at the attendance center, that position
24    shall be filled by  appointment  made  by  the  principal  in
25    accordance  with  procedures  established and provided by the
26    Board whenever the majority of the duties  included  in  that
27    position  are  to be performed at the attendance center which
28    is  under  the  principal's  supervision,   and   each   such
29    appointment  so made by the principal shall be made and based
30    upon merit and ability to perform in  that  position  without
31    regard to seniority or length of service, provided, that such
32    appointments  shall  be  subject to the Board's desegregation
33    obligations, including but not limited to the Consent  Decree
34    and Desegregation Plan in U.S. v. Chicago Board of Education;
 
                            -15-     LRB093 02649 NHT 02659 b
 1    (ii)  the  principal  shall submit recommendations based upon
 2    merit and ability to  perform  in  the  particular  position,
 3    without  regard  to  seniority  or  length of service, to the
 4    general superintendent  concerning  the  appointment  of  any
 5    teacher, teacher aide, counselor, clerk, hall guard, security
 6    guard  and  any  other  personnel  which is to be made by the
 7    general superintendent whenever less than a majority  of  the
 8    duties  of that teacher, teacher aide, counselor, clerk, hall
 9    guard, and security guard and any other personnel are  to  be
10    performed  at  the  attendance  center  which  is  under  the
11    principal's  supervision;  and  (iii)  subject to law and the
12    applicable collective bargaining  agreements,  the  authority
13    and  responsibilities  of  a  principal  with  respect to the
14    evaluation of all teachers and other personnel assigned to an
15    attendance center shall commence immediately upon his or  her
16    appointment  as  principal  of the attendance center, without
17    regard to the length of time that he  or  she  has  been  the
18    principal of that attendance center.
19        Notwithstanding  the  existence  of any other law of this
20    State, nothing in this  Act  shall  prevent  the  board  from
21    entering  into  a  contract  with  a third party for services
22    currently  performed  by  any  employee  or  bargaining  unit
23    member.
24        Notwithstanding any other provision of this Article, each
25    principal may approve contracts, binding on the board, in the
26    amount of no more than $10,000, if the contract  is  endorsed
27    by the Local School Council.
28        Unless  otherwise  prohibited  by  law  or by rule of the
29    board, the principal shall provide to  local  school  council
30    members copies of all internal audits and any other pertinent
31    information  generated  by  any  audits  or  reviews  of  the
32    programs and operation of the attendance center.
33        Each   principal   shall   hold  a  valid  administrative
34    certificate issued or exchanged in accordance with Article 21
 
                            -16-     LRB093 02649 NHT 02659 b
 1    and endorsed as required by that Article for the position  of
 2    principal.  The  board  may  establish  or  impose  academic,
 3    educational,  examination,  and  experience  requirements and
 4    criteria that  are  in  addition  to  those  established  and
 5    required  by  Article  21 for issuance of a valid certificate
 6    endorsed for the position of principal as a condition of  the
 7    nomination,  selection, appointment, employment, or continued
 8    employment of a person as principal of any attendance center,
 9    or  as  a  condition  of  the  renewal  of  any   principal's
10    performance contract.
11        The board shall specify in its formal job description for
12    principals,  and from and after July 1, 1990 shall specify in
13    the 4 year performance contracts for use with respect to  all
14    principals,  that his or her primary responsibility is in the
15    improvement of instruction.  A majority of the time spent  by
16    a   principal   shall   be  spent  on  curriculum  and  staff
17    development through  both  formal  and  informal  activities,
18    establishing  clear  lines  of communication regarding school
19    goals, accomplishments, practices and policies  with  parents
20    and  teachers.    The  principal,  with the assistance of the
21    local school council, shall develop a school improvement plan
22    as provided in Section 34-2.4 and, upon approval of the  plan
23    by  the  local  school  council,  shall  be  responsible  for
24    directing implementation of the plan. The principal, with the
25    assistance  of the Professional Personnel Advisory Committee,
26    shall develop  the  specific  methods  and  contents  of  the
27    school's curriculum within the board's system-wide curriculum
28    standards  and  objectives and the requirements of the school
29    improvement plan. The board shall ensure that all  principals
30    are  evaluated  on their instructional leadership ability and
31    their ability to maintain a positive education  and  learning
32    climate.    It  shall  also  be  the  responsibility  of  the
33    principal to utilize  resources  of  proper  law  enforcement
34    agencies when the safety and welfare of students and teachers
 
                            -17-     LRB093 02649 NHT 02659 b
 1    are  threatened  by  illegal  use  of  drugs  and alcohol, by
 2    illegal use or possession of  weapons,  or  by  illegal  gang
 3    activity.
 4        On  or before October 1, 1989, the Board of Education, in
 5    consultation with any professional organization  representing
 6    principals  in  the  district,  shall  promulgate  rules  and
 7    implement  a lottery for the purpose of determining whether a
 8    principal's  existing  performance  contract  (including  the
 9    performance contract applicable to any  principal's  position
10    in  which  a vacancy then exists) expires on June 30, 1990 or
11    on June 30, 1991, and whether the ensuing 4 year  performance
12    contract begins on July 1, 1990 or July 1, 1991. The Board of
13    Education  shall  establish  and  conduct the lottery in such
14    manner that of all the performance  contracts  of  principals
15    (including   the  performance  contracts  applicable  to  all
16    principal positions in which a vacancy then exists),  50%  of
17    such  contracts  shall expire on June 30, 1990, and 50% shall
18    expire on June 30, 1991. All persons serving as principal  on
19    May 1, 1989, and all persons appointed as principal after May
20    1,  1989  and  prior  to  July  1, 1990 or July 1, 1991, in a
21    manner other than as provided by  Section  34-2.3,  shall  be
22    deemed  by operation of law to be serving under a performance
23    contract which expires on June 30, 1990 or June 30, 1991; and
24    unless such performance contract of  any  such  principal  is
25    renewed  (or  such  person  is  again  appointed  to serve as
26    principal) in  the  manner  provided  by  Section  34-2.2  or
27    34-2.3,  the  employment  of  such  person as principal shall
28    terminate on June 30, 1990 or June 30, 1991.
29        Commencing on July 1, 1990,  or  on  July  1,  1991,  and
30    thereafter,  the principal of each attendance center shall be
31    the person selected in the manner provided by Section  34-2.3
32    to  serve  as  principal  of that attendance center under a 4
33    year performance  contract.   All  performance  contracts  of
34    principals  expiring  after  July  1,  1990, or July 1, 1991,
 
                            -18-     LRB093 02649 NHT 02659 b
 1    shall commence on the date specified in the contract, and the
 2    renewal of their performance contracts and the appointment of
 3    principals when their performance contracts are  not  renewed
 4    shall  be governed by Sections 34-2.2 and 34-2.3.  Whenever a
 5    vacancy in the office of a principal occurs for  any  reason,
 6    the  vacancy  shall  be  filled  by  the  selection  of a new
 7    principal to serve under a 4 year performance contract in the
 8    manner provided by Section 34-2.3.
 9        The board of education  shall  develop  and  prepare,  in
10    consultation with the organization representing principals, a
11    performance  contract  for use at all attendance centers, and
12    shall furnish the same to each  local  school  council.   The
13    term of the performance contract shall be 4 years, unless the
14    principal  is  retained  by the decision of a hearing officer
15    pursuant to subdivision 1.5 of Section 34-2.3, in which  case
16    the contract shall be extended for 2 years.   The performance
17    contract  of  each  principal  shall  consist  of the uniform
18    performance contract, as  developed  or  from  time  to  time
19    modified  by  the  board, and such additional criteria as are
20    established by a local school  council  pursuant  to  Section
21    34-2.3 for the performance contract of its principal.
22        During  the  term  of  his or her performance contract, a
23    principal  may  be  removed  only  as  provided  for  in  the
24    performance contract except for cause.  He or she shall  also
25    be  obliged  to  follow  the  rules of the board of education
26    concerning conduct and efficiency.
27        In the event the performance contract of a  principal  is
28    not  renewed  or  a principal is not reappointed as principal
29    under a new performance contract, or in the event a principal
30    is appointed to any  position  of  superintendent  or  higher
31    position,  or  voluntarily resigns his position of principal,
32    his or her employment as a principal shall terminate and such
33    former principal shall not be reinstated to the position from
34    which he or she was promoted to principal, except that he  or
 
                            -19-     LRB093 02649 NHT 02659 b
 1    she,  if otherwise qualified and certified in accordance with
 2    Article 21, shall be  placed  by  the  board  on  appropriate
 3    eligibility lists which it prepares for use in the filling of
 4    vacant or additional or newly created positions for teachers.
 5    The principal's total years of service to the board as both a
 6    teacher and a principal, or in other professional capacities,
 7    shall be used in calculating years of experience for purposes
 8    of being selected as a teacher into new, additional or vacant
 9    positions.
10        In  the  event the performance contract of a principal is
11    not renewed or a principal is not  reappointed  as  principal
12    under  a  new  performance  contract, such principal shall be
13    eligible  to  continue  to  receive  his  or  her  previously
14    provided level of health insurance benefits for a  period  of
15    90  days  following  the  non-renewal  of  the contract at no
16    expense to the principal, provided that  such  principal  has
17    not retired.
18    (Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.)

19        (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
20        Sec.  34-18.   Powers  of  the  board.   The  board shall
21    exercise general supervision and jurisdiction over the public
22    education and the public school  system  of  the  city,  and,
23    except  as  otherwise  provided  by  this Article, shall have
24    power:
25             1.  To make suitable provision for the establishment
26        and maintenance throughout the year or for  such  portion
27        thereof  as  it  may  direct,  not less than 9 months, of
28        schools  of  all  grades  and  kinds,  including   normal
29        schools,   high   schools,  night  schools,  schools  for
30        defectives and delinquents, parental and truant  schools,
31        schools for the blind, the deaf and the crippled, schools
32        or   classes   in   manual  training,  constructural  and
33        vocational teaching, domestic arts and physical  culture,
 
                            -20-     LRB093 02649 NHT 02659 b
 1        vocation  and  extension schools and lecture courses, and
 2        all other educational courses and  facilities,  including
 3        establishing,   equipping,   maintaining   and  operating
 4        playgrounds and recreational programs, when such programs
 5        are conducted in, adjacent  to,  or  connected  with  any
 6        public   school   under   the   general  supervision  and
 7        jurisdiction of the board;  provided,  however,  that  in
 8        allocating  funds  from year to year for the operation of
 9        all attendance centers within  the  district,  the  board
10        shall  ensure  that  supplemental general State aid funds
11        are allocated and applied in accordance with Section 18-8
12        or 18-8.05.  To admit  to  such  schools  without  charge
13        foreign  exchange  students  who  are  participants in an
14        organized exchange student program which is authorized by
15        the board. The board shall permit all students to  enroll
16        in  apprenticeship  programs in trade schools operated by
17        the board, whether those programs are union-sponsored  or
18        not.   No  student  shall be refused admission into or be
19        excluded from any course of instruction  offered  in  the
20        common  schools  by  reason  of  that  student's sex.  No
21        student  shall  be  denied  equal  access   to   physical
22        education and interscholastic athletic programs supported
23        from  school  district  funds  or denied participation in
24        comparable  physical  education  and  athletic   programs
25        solely  by  reason of the student's sex.  Equal access to
26        programs  supported  from  school  district   funds   and
27        comparable  programs will be defined in rules promulgated
28        by the State Board of Education in consultation with  the
29        Illinois  High  School  Association.  Notwithstanding any
30        other provision of this Article,  neither  the  board  of
31        education  nor  any  local school council or other school
32        official shall recommend that children with  disabilities
33        be  placed into regular education classrooms unless those
34        children   with   disabilities    are    provided    with
 
                            -21-     LRB093 02649 NHT 02659 b
 1        supplementary  services  to  assist  them  so  that  they
 2        benefit  from  the  regular classroom instruction and are
 3        included  on  the  teacher's  regular   education   class
 4        register;
 5             2.  To   furnish   lunches  to  pupils,  to  make  a
 6        reasonable charge therefor, and to use school  funds  for
 7        the  payment  of such expenses as the board may determine
 8        are necessary in conducting the school lunch program;
 9             3.  To co-operate with the circuit court;
10             4.  To  make  arrangements  with   the   public   or
11        quasi-public  libraries  and museums for the use of their
12        facilities by teachers and pupils of the public schools;
13             5.  To employ dentists and  prescribe  their  duties
14        for  the  purpose  of treating the pupils in the schools,
15        but accepting  such  treatment  shall  be  optional  with
16        parents or guardians;
17             6.  To   grant   the   use  of  assembly  halls  and
18        classrooms when not otherwise  needed,  including  light,
19        heat, and attendants, for free public lectures, concerts,
20        and  other  educational  and  social  interests,  free of
21        charge,  under  such  provisions  and  control   as   the
22        principal   of   the   affected   attendance  center  may
23        prescribe;
24             7.  To apportion the pupils to the several  schools;
25        provided   that  no  pupil  shall  be  excluded  from  or
26        segregated in any such school on account  of  his  color,
27        race,  sex,  or  nationality.   The board shall take into
28        consideration  the  prevention  of  segregation  and  the
29        elimination of separation of children in  public  schools
30        because of color, race, sex, or nationality.  Except that
31        children  may  be  committed  to  or  attend parental and
32        social  adjustment  schools  established  and  maintained
33        either for boys or girls only.  All records pertaining to
34        the creation, alteration or revision of attendance  areas
 
                            -22-     LRB093 02649 NHT 02659 b
 1        shall  be open to the public.  Nothing herein shall limit
 2        the board's authority to establish multi-area  attendance
 3        centers   or   other   student   assignment  systems  for
 4        desegregation purposes or otherwise, and to apportion the
 5        pupils to the several schools.  Furthermore, beginning in
 6        school year 1994-95, pursuant to a board plan adopted  by
 7        October  1,  1993, the board shall offer, commencing on a
 8        phased-in basis, the opportunity for families within  the
 9        school district to apply for enrollment of their children
10        in any attendance center within the school district which
11        does  not  have selective admission requirements approved
12        by the board.  The appropriate geographical area in which
13        such open enrollment may be exercised shall be determined
14        by the board of education.  Such children may be admitted
15        to any such attendance center on a space available  basis
16        after   all  children  residing  within  such  attendance
17        center's area have been accommodated.  If the  number  of
18        applicants  from  outside  the attendance area exceed the
19        space available,  then  successful  applicants  shall  be
20        selected  by  lottery.   The  board  of  education's open
21        enrollment plan must include provisions  that  allow  low
22        income  students  to have access to transportation needed
23        to exercise school choice.  Open enrollment shall  be  in
24        compliance  with the provisions of the Consent Decree and
25        Desegregation Plan cited in Section 34-1.01;
26             8.  To approve programs and policies  for  providing
27        transportation services to students. Nothing herein shall
28        be  construed  to  permit  or  empower the State Board of
29        Education to order, mandate, or require busing  or  other
30        transportation  of  pupils  for  the purpose of achieving
31        racial balance in any school;
32             9.  Subject to the limitations in this  Article,  to
33        establish  and  approve system-wide curriculum objectives
34        and  standards,  including  graduation  standards,  which
 
                            -23-     LRB093 02649 NHT 02659 b
 1        reflect the multi-cultural diversity in the city and  are
 2        consistent with State law, provided that for all purposes
 3        of  this  Article courses or proficiency in American Sign
 4        Language  shall  be  deemed  to  constitute  courses   or
 5        proficiency   in   a  foreign  language;  and  to  employ
 6        principals and teachers, appointed as  provided  in  this
 7        Article,  and  fix  their  compensation.  The board shall
 8        prepare  such  reports  related  to  minimal   competency
 9        testing  as  may  be  requested  by  the  State  Board of
10        Education, and in  addition  shall  monitor  and  approve
11        special  education  and  bilingual education programs and
12        policies within the district to assure  that  appropriate
13        services are provided in accordance with applicable State
14        and  federal  laws  to  children  requiring  services and
15        education in those areas;
16             10.  To employ  non-teaching  personnel  or  utilize
17        volunteer  personnel  for:  (i)  non-teaching  duties not
18        requiring instructional judgment or evaluation of pupils,
19        including library  duties;  and  (ii)  supervising  study
20        halls,   long  distance  teaching  reception  areas  used
21        incident  to  instructional   programs   transmitted   by
22        electronic  media  such  as  computers, video, and audio,
23        detention  and  discipline  areas,  and  school-sponsored
24        extracurricular  activities.   The  board   may   further
25        utilize  volunteer  non-certificated  personnel or employ
26        non-certificated personnel to assist in  the  instruction
27        of  pupils  under  the immediate supervision of a teacher
28        holding a valid certificate, directly engaged in teaching
29        subject matter or conducting  activities;  provided  that
30        the   teacher   shall   be   continuously  aware  of  the
31        non-certificated persons' activities and shall be able to
32        control or modify them.  The general superintendent shall
33        determine qualifications  of  such  personnel  and  shall
34        prescribe rules for determining the duties and activities
 
                            -24-     LRB093 02649 NHT 02659 b
 1        to be assigned to such personnel;
 2             10.5.  To   utilize   volunteer   personnel  from  a
 3        regional  School  Crisis  Assistance   Team   (S.C.A.T.),
 4        created  as part of the Safe to Learn Program established
 5        pursuant  to  Section  25  of   the   Illinois   Violence
 6        Prevention  Act of 1995, to provide assistance to schools
 7        in times of violence or other traumatic incidents  within
 8        a  school  community  by  providing  crisis  intervention
 9        services  to  lessen  the  effects of emotional trauma on
10        individuals  and  the  community;   the   School   Crisis
11        Assistance  Team  Steering  Committee shall determine the
12        qualifications for volunteers;
13             11.  To provide television studio facilities in  not
14        to exceed one school building and to provide programs for
15        educational  purposes,  provided, however, that the board
16        shall not construct,  acquire,  operate,  or  maintain  a
17        television  transmitter;  to  grant the use of its studio
18        facilities to a licensed television  station  located  in
19        the  school  district; and to maintain and operate not to
20        exceed one school radio transmitting station and  provide
21        programs for educational purposes;
22             12.  To   offer,   if  deemed  appropriate,  outdoor
23        education courses, including field trips within the State
24        of Illinois,  or  adjacent  states,  and  to  use  school
25        educational  funds  for  the  expense of the said outdoor
26        educational programs, whether within the school  district
27        or not;
28             13.  During  that  period  of  the calendar year not
29        embraced within the regular school term, to  provide  and
30        conduct  courses  in subject matters normally embraced in
31        the program of the schools during the regular school term
32        and  to  give  regular  school  credit  for  satisfactory
33        completion by the student  of  such  courses  as  may  be
34        approved for credit by the State Board of Education;
 
                            -25-     LRB093 02649 NHT 02659 b
 1             14.  To  insure against any loss or liability of the
 2        board, the former  School  Board  Nominating  Commission,
 3        Local  School  Councils,  the  Chicago  Schools  Academic
 4        Accountability   Council,   or   the  former  Subdistrict
 5        Councils or of any member,  officer,  agent  or  employee
 6        thereof,  resulting  from  alleged  violations  of  civil
 7        rights  arising  from  incidents  occurring  on  or after
 8        September 5, 1967 or from the wrongful or  negligent  act
 9        or  omission  of any such person whether occurring within
10        or without the school  premises,  provided  the  officer,
11        agent  or  employee  was,  at  the  time  of  the alleged
12        violation of civil rights or wrongful  act  or  omission,
13        acting  within  the  scope  of  his  employment  or under
14        direction  of  the  board,  the   former   School   Board
15        Nominating   Commission,  the  Chicago  Schools  Academic
16        Accountability Council, Local  School  Councils,  or  the
17        former  Subdistrict  Councils;  and  to  provide  for  or
18        participate  in  insurance  plans  for  its  officers and
19        employees,  including  but  not  limited  to   retirement
20        annuities, medical, surgical and hospitalization benefits
21        in  such  types  and  amounts as may be determined by the
22        board; provided, however, that the board  shall  contract
23        for   such  insurance  only  with  an  insurance  company
24        authorized to do business in this State.  Such  insurance
25        may include provision for employees who rely on treatment
26        by  prayer  or  spiritual  means  alone  for  healing, in
27        accordance with the tenets and practice of  a  recognized
28        religious denomination;
29             15.  To  contract  with the corporate authorities of
30        any municipality or the county board of  any  county,  as
31        the case may be, to provide for the regulation of traffic
32        in parking areas of property used for school purposes, in
33        such  manner  as  is  provided  by  Section 11-209 of The
34        Illinois Vehicle Code, approved September  29,  1969,  as
 
                            -26-     LRB093 02649 NHT 02659 b
 1        amended;
 2             16. (a)  To  provide, on an equal basis, access to a
 3        high school campus and student directory  information  to
 4        the  official  recruiting  representatives  of  the armed
 5        forces of Illinois and the United States for the purposes
 6        of informing  students  of  the  educational  and  career
 7        opportunities  available in the military if the board has
 8        provided such access to persons or groups  whose  purpose
 9        is  to acquaint students with educational or occupational
10        opportunities  available  to  them.   The  board  is  not
11        required to give greater notice regarding  the  right  of
12        access  to  recruiting  representatives  than is given to
13        other  persons  and  groups.   In  this   paragraph   16,
14        "directory  information"  means  a  high school student's
15        name, address, and telephone number.
16             (b)  If a student or his or her parent  or  guardian
17        submits  a  signed,  written  request  to the high school
18        before the end of the student's sophomore year (or if the
19        student is a transfer student, by another time set by the
20        high school) that indicates that the student  or  his  or
21        her  parent  or  guardian  does  not  want  the student's
22        directory  information  to  be   provided   to   official
23        recruiting  representatives  under subsection (a) of this
24        Section, the high school may not provide  access  to  the
25        student's   directory  information  to  these  recruiting
26        representatives.   The  high  school  shall  notify   its
27        students and their parents or guardians of the provisions
28        of this subsection (b).
29             (c)  A  high  school may require official recruiting
30        representatives of the armed forces of Illinois  and  the
31        United  States  to  pay  a  fee for copying and mailing a
32        student's directory information in an amount that is  not
33        more than the actual costs incurred by the high school.
34             (d)  Information  received by an official recruiting
 
                            -27-     LRB093 02649 NHT 02659 b
 1        representative under this Section may  be  used  only  to
 2        provide  information  to  students concerning educational
 3        and career opportunities available in  the  military  and
 4        may  not  be  released to a person who is not involved in
 5        recruiting students for the armed forces of  Illinois  or
 6        the United States;
 7             17. (a)  To  sell  or  market  any  computer program
 8        developed by an employee of the school district, provided
 9        that such employee developed the computer  program  as  a
10        direct  result  of  his  or  her  duties  with the school
11        district  or  through  the  utilization  of  the   school
12        district  resources  or  facilities.    The  employee who
13        developed the computer program shall be entitled to share
14        in the proceeds of such sale or marketing of the computer
15        program.  The distribution of such proceeds  between  the
16        employee  and the school district shall be as agreed upon
17        by the employee and  the  school  district,  except  that
18        neither  the employee nor the school district may receive
19        more than 90% of such proceeds.  The negotiation  for  an
20        employee  who  is  represented by an exclusive bargaining
21        representative  may  be  conducted  by  such   bargaining
22        representative at the employee's request.
23             (b)  For the purpose of this paragraph 17:
24                  (1)  "Computer" means an internally programmed,
25             general    purpose   digital   device   capable   of
26             automatically accepting data,  processing  data  and
27             supplying the results of the operation.
28                  (2)  "Computer program" means a series of coded
29             instructions or statements in a form acceptable to a
30             computer,  which causes the computer to process data
31             in order to achieve a certain result.
32                  (3)  "Proceeds"  means  profits  derived   from
33             marketing  or  sale of a product after deducting the
34             expenses of developing and marketing such product;
 
                            -28-     LRB093 02649 NHT 02659 b
 1             18.  To delegate to the  general  superintendent  of
 2        schools,   by   resolution,   the  authority  to  approve
 3        contracts and expenditures in amounts of $10,000 or less;
 4             19.  Upon the written request  of  an  employee,  to
 5        withhold from the compensation of that employee any dues,
 6        payments or contributions payable by such employee to any
 7        labor organization as defined in the Illinois Educational
 8        Labor  Relations  Act.  Under such arrangement, an amount
 9        shall be withheld from each regular payroll period  which
10        is  equal  to  the pro rata share of the annual dues plus
11        any  payments  or  contributions,  and  the  board  shall
12        transmit  such  withholdings  to  the   specified   labor
13        organization  within 10 working days from the time of the
14        withholding;
15             19a.  Upon receipt of notice from the comptroller of
16        a municipality with a population of 500,000  or  more,  a
17        county  with  a population of 3,000,000 or more, the Cook
18        County  Forest  Preserve  District,  the   Chicago   Park
19        District,  the  Metropolitan  Water Reclamation District,
20        the Chicago Transit Authority, or a housing authority  of
21        a  municipality with a population of 500,000 or more that
22        a debt is due and owing the municipality, the county, the
23        Cook County Forest Preserve District,  the  Chicago  Park
24        District,  the  Metropolitan  Water Reclamation District,
25        the Chicago Transit Authority, or the  housing  authority
26        by  an  employee  of  the  Chicago Board of Education, to
27        withhold, from the compensation  of  that  employee,  the
28        amount  of  the  debt  that  is due and owing and pay the
29        amount withheld to the municipality, the county, the Cook
30        County  Forest  Preserve  District,  the   Chicago   Park
31        District,  the  Metropolitan  Water Reclamation District,
32        the Chicago Transit Authority, or the housing  authority;
33        provided,  however, that the amount deducted from any one
34        salary or wage payment shall not exceed 25%  of  the  net
 
                            -29-     LRB093 02649 NHT 02659 b
 1        amount  of  the  payment.   Before  the Board deducts any
 2        amount from any salary or wage of an employee under  this
 3        paragraph,  the municipality, the county, the Cook County
 4        Forest Preserve District, the Chicago Park District,  the
 5        Metropolitan  Water  Reclamation  District,  the  Chicago
 6        Transit Authority, or the housing authority shall certify
 7        that  (i)  the  employee has been afforded an opportunity
 8        for a hearing to dispute the debt that is due  and  owing
 9        the  municipality,  the  county,  the  Cook County Forest
10        Preserve  District,  the  Chicago  Park   District,   the
11        Metropolitan  Water  Reclamation  District,  the  Chicago
12        Transit  Authority, or the housing authority and (ii) the
13        employee has received notice of a  wage  deduction  order
14        and  has  been  afforded  an opportunity for a hearing to
15        object to the order.  For  purposes  of  this  paragraph,
16        "net  amount"  means  that  part  of  the  salary or wage
17        payment remaining after  the  deduction  of  any  amounts
18        required  by  law to be deducted and "debt due and owing"
19        means  (i)  a  specified  sum  of  money  owed   to   the
20        municipality, the county, the Cook County Forest Preserve
21        District,  the  Chicago  Park  District, the Metropolitan
22        Water   Reclamation   District,   the   Chicago   Transit
23        Authority, or the housing authority for  services,  work,
24        or  goods,  after  the  period  granted  for  payment has
25        expired, or (ii) a specified sum of  money  owed  to  the
26        municipality, the county, the Cook County Forest Preserve
27        District,  the  Chicago  Park  District, the Metropolitan
28        Water   Reclamation   District,   the   Chicago   Transit
29        Authority, or the housing authority pursuant to  a  court
30        order or order of an administrative hearing officer after
31        the  exhaustion  of,  or the failure to exhaust, judicial
32        review;
33             20.  The board is encouraged to employ a  sufficient
34        number  of  certified  school  counselors  to  maintain a
 
                            -30-     LRB093 02649 NHT 02659 b
 1        student/counselor ratio of 250 to  1  by  July  1,  1990.
 2        Each  counselor shall spend at least 75% of his work time
 3        in direct contact with  students  and  shall  maintain  a
 4        record of such time;
 5             21.  To  make  available  to students vocational and
 6        career counseling  and  to  establish  5  special  career
 7        counseling  days for students and parents.  On these days
 8        representatives of local businesses and industries  shall
 9        be invited to the school campus and shall inform students
10        of  career opportunities available to them in the various
11        businesses and industries.  Special  consideration  shall
12        be  given  to  counseling  minority students as to career
13        opportunities available to them in various fields.    For
14        the  purposes of this paragraph, minority student means a
15        person who is:
16                  (a)  Black (a person having origins in  any  of
17             the black racial groups in Africa);
18                  (b)  Hispanic   (a   person   of   Spanish   or
19             Portuguese  culture with origins in Mexico, South or
20             Central   America,   or   the   Caribbean   islands,
21             regardless of race);
22                  (c)  Asian American (a person having origins in
23             any  of  the  original  peoples  of  the  Far  East,
24             Southeast  Asia,  the  Indian  Subcontinent  or  the
25             Pacific Islands); or
26                  (d)  American  Indian  or  Alaskan  Native   (a
27             person having origins in any of the original peoples
28             of North America).
29             Counseling  days  shall  not  be  in lieu of regular
30        school days;
31             22.  To report to the State Board of  Education  the
32        annual  student  dropout  rate and number of students who
33        graduate from, transfer from or otherwise leave bilingual
34        programs;
 
                            -31-     LRB093 02649 NHT 02659 b
 1             23.  Except as otherwise provided in the Abused  and
 2        Neglected  Child  Reporting Act or other applicable State
 3        or federal law, to permit school officials  to  withhold,
 4        from  any  person,  information on the whereabouts of any
 5        child removed from school premises  when  the  child  has
 6        been  taken  into  protective  custody  as  a  victim  of
 7        suspected  child  abuse.   School  officials shall direct
 8        such person to the  Department  of  Children  and  Family
 9        Services,  or  to  the  local  law  enforcement agency if
10        appropriate;
11             24.  To develop a policy, based on the current state
12        of existing school facilities, projected  enrollment  and
13        efficient utilization of available resources, for capital
14        improvement  of  schools  and school buildings within the
15        district, addressing in that  policy  both  the  relative
16        priority  for major repairs, renovations and additions to
17        school facilities, and the advisability or  necessity  of
18        building   new  school  facilities  or  closing  existing
19        schools to meet current or projected demographic patterns
20        within the district;
21             25.  To make available to the students in every high
22        school attendance center the ability to take all  courses
23        necessary  to comply with the Board of Higher Education's
24        college entrance criteria effective in 1993;
25             26.  To  encourage  mid-career  changes   into   the
26        teaching   profession,  whereby  qualified  professionals
27        become  certified  teachers,  by  allowing   credit   for
28        professional    employment   in   related   fields   when
29        determining point of entry on teacher pay scale;
30             27.  To provide or contract  out  training  programs
31        for  administrative personnel and principals with revised
32        or expanded duties pursuant  to  this  Act  in  order  to
33        assure  they  have  the  knowledge  and skills to perform
34        their duties;
 
                            -32-     LRB093 02649 NHT 02659 b
 1             28.  To establish a fund for the prioritized special
 2        needs programs, and to allocate such funds and other lump
 3        sum  amounts  to  each  attendance  center  in  a  manner
 4        consistent with the  provisions  of  part  4  of  Section
 5        34-2.3.   Nothing in this paragraph shall be construed to
 6        require any additional appropriations of State funds  for
 7        this purpose;
 8             29.  (Blank);
 9             30.  Notwithstanding any other provision of this Act
10        or  any other law to the contrary, to contract with third
11        parties for services otherwise  performed  by  employees,
12        including those in a bargaining unit, and to layoff those
13        employees  upon  14  days  written notice to the affected
14        employees.  Those contracts may be for a  period  not  to
15        exceed 5 years and may be awarded on a system-wide basis;
16             31.  To  promulgate  rules  establishing  procedures
17        governing  the  layoff or reduction in force of employees
18        and the recall of  such  employees,  including,  but  not
19        limited  to,  criteria  for  such  layoffs, reductions in
20        force or recall rights of such employees and  the  weight
21        to  be  given to any particular criterion.  Such criteria
22        shall take into account factors  including,  but  not  be
23        limited  to,  qualifications, certifications, experience,
24        performance ratings or evaluations, and any other factors
25        relating to an employee's job performance; and
26             32.  To develop a policy to prevent nepotism in  the
27        hiring of personnel or the selection of contractors;.
28             33.  To  enter  into  a  partnership  agreement,  as
29        required   by   Section   34-3.5   of   this  Code,  and,
30        notwithstanding  any  other  provision  of  law  to   the
31        contrary,  to  promulgate policies, enter into contracts,
32        and take any other action  necessary  to  accomplish  the
33        objectives   and   implement  the  requirements  of  that
34        agreement; and
 
                            -33-     LRB093 02649 NHT 02659 b
 1             34.  To establish a Labor Management Council to  the
 2        board  comprised  of  representatives  of  the board, the
 3        chief executive officer, and  those  labor  organizations
 4        that  are  the  exclusive representatives of employees of
 5        the board and to promulgate policies and  procedures  for
 6        the operation of the Council.
 7        The  specifications  of the powers herein granted are not
 8    to be  construed  as  exclusive  but  the  board  shall  also
 9    exercise  all  other  powers  that  they  may be requisite or
10    proper for the maintenance and the development  of  a  public
11    school  system, not inconsistent with the other provisions of
12    this Article or provisions of this Code which  apply  to  all
13    school districts.
14        In  addition  to the powers herein granted and authorized
15    to be exercised by the board, it shall be  the  duty  of  the
16    board  to  review or to direct independent reviews of special
17    education expenditures and services. The board shall  file  a
18    report  of such review with the General Assembly on or before
19    May 1, 1990.
20    (Source: P.A. 92-109,  eff.  7-20-01;  92-527,  eff.  6-1-02;
21    92-724, eff. 7-25-02; revised 9-24-02.)

22        Section 10.  The Illinois Educational Labor Relations Act
23    is amended by changing Sections 4.5 and 12 as follows:

24        (115 ILCS 5/4.5)
25        Sec. 4.5.  Prohibited Subjects of collective bargaining.
26        (a)  Notwithstanding the existence of any other provision
27    in  this  Act  or other law, collective bargaining between an
28    educational  employer  whose   territorial   boundaries   are
29    coterminous  with  those  of  a  city  having a population in
30    excess of 500,000 and  an  exclusive  representative  of  its
31    employees   may  shall  not  include  any  of  the  following
32    subjects:
 
                            -34-     LRB093 02649 NHT 02659 b
 1             (1)  (Blank). Decisions to grant or deny  a  charter
 2        school  proposal  under  Section  27A-8  of  the  Charter
 3        Schools  Law,  to renew or revoke a charter under Section
 4        27A-9 of the Charter Schools Law, or to grant or  deny  a
 5        leave  of  absence to an employee of a school district to
 6        become an employee of a charter school, and the impact of
 7        these decisions on individual employees or the bargaining
 8        unit.
 9             (2)  Decisions to contract with a  third  party  for
10        one  or more services otherwise performed by employees in
11        a bargaining unit and, the procedures for obtaining  such
12        contract  or  the  identity  of  the third party, and the
13        impact of these decisions on individual employees or  the
14        bargaining unit.
15             (3)  Decisions   to   layoff   or  reduce  in  force
16        employees (including but not limited to reserve  teachers
17        or  teachers  who  are  no  longer  on  an administrative
18        payroll) due to lack of work or funds, including but  not
19        limited  to  decline  in  student  enrollment,  change in
20        subject  requirements  within   the   attendance   center
21        organization,   closing   of  an  attendance  center,  or
22        contracts with  third  parties  for  the  performance  of
23        services, and the impact of these decisions on individual
24        employees or the bargaining unit.
25             (4)  Decisions   to   determine  class  size,  class
26        staffing  and  assignment,  class   schedules,   academic
27        calendar,  hours  and  places  of  instruction,  or pupil
28        assessment policies, and the impact of these decisions on
29        individual employees or the bargaining unit.
30             (5)  Decisions  concerning  use  and   staffing   of
31        experimental  or pilot programs and, decisions concerning
32        use of technology to  deliver  educational  programs  and
33        services  and staffing to provide the technology, and the
34        impact of these decisions on individual employees or  the
 
                            -35-     LRB093 02649 NHT 02659 b
 1        bargaining unit.
 2        (b)  The  subject  or matters described in subsection (a)
 3    are permissive prohibited subjects of bargaining  between  an
 4    educational  employer  and an exclusive representative of its
 5    employees and, for the purpose of this Act,  are  within  the
 6    sole  discretion  authority  of  the  educational employer to
 7    decide to bargain, provided that the educational employer  is
 8    required  to bargain over the impact of a decision concerning
 9    such subject or matter on the bargaining unit upon request by
10    the exclusive representative.  During  this  bargaining,  the
11    educational employer shall not be precluded from implementing
12    its  decision. If, after a reasonable period of bargaining, a
13    dispute or impasse exists between  the  educational  employer
14    and  the  exclusive  representative,  the  dispute or impasse
15    shall be resolved exclusively as set forth in subsection  (b)
16    of  Section  12 of this Act in lieu of a strike under Section
17    13 of this Act.
18        (c)  A provision in  a  collective  bargaining  agreement
19    that  was  rendered  null  and  void  because  it  involved a
20    prohibited  subject  of  collective  bargaining  under   this
21    subsection  (c)  as  this  subsection  (c) existed before the
22    effective date of this amendatory Act  of  the  93rd  General
23    Assembly  remains  null  and  void and shall not otherwise be
24    reinstated in any successor agreement unless the  educational
25    employer  and  exclusive  representative  otherwise  agree to
26    include an agreement reached on a subject or matter described
27    in subsection (a) of this Section as subsection  (a)  existed
28    before this amendatory Act of the 93rd General Assembly. This
29    Section  shall apply to collective bargaining agreements that
30    become effective after the effective date of this  amendatory
31    Act  of  1995  and  shall  render  a  provision  involving  a
32    prohibited subject in such agreement null and void.
33    (Source: P.A. 89-15, eff. 5-30-95.)
 
                            -36-     LRB093 02649 NHT 02659 b
 1        (115 ILCS 5/12) (from Ch. 48, par. 1712)
 2        Sec. 12.  Impasse procedures.
 3        (a)  If the parties engaged in collective bargaining have
 4    not  reached  an  agreement  by  90 days before the scheduled
 5    start of the  forthcoming  school  year,  the  parties  shall
 6    notify   the   Illinois  Educational  Labor  Relations  Board
 7    concerning the status of negotiations.
 8        Upon  demand  of  either  party,  collective   bargaining
 9    between    the   employer   and   an   exclusive   bargaining
10    representative must begin within  60  days  of  the  date  of
11    certification  of  the representative by the Board, or in the
12    case of  an  existing  exclusive  bargaining  representative,
13    within  60  days  of  the  receipt  by a party of a demand to
14    bargain  issued  by  the  other   party.    Once   commenced,
15    collective  bargaining  must  continue  for at least a 60 day
16    period, unless a contract is entered into.
17        Except as otherwise provided in subsection  (b)  of  this
18    Section,  if  after  a  reasonable  period of negotiation and
19    within 45 days of the scheduled  start  of  the  forth-coming
20    school  year,  the  parties  engaged in collective bargaining
21    have reached an impasse, either party may petition the  Board
22    to  initiate  mediation.  Alternatively, the Board on its own
23    motion may initiate mediation during this  period.   However,
24    mediation  shall  be  initiated by the Board at any time when
25    jointly requested by the parties  and  the  services  of  the
26    mediators   shall  continuously  be  made  available  to  the
27    employer and to the exclusive bargaining  representative  for
28    purposes  of  arbitration  of  grievances  and  mediation  or
29    arbitration  of  contract  disputes.   If  requested  by  the
30    parties,  the  mediator  may  perform  fact-finding and in so
31    doing  conduct  hearings  and  make  written   findings   and
32    recommendations   for   resolution   of  the  dispute.   Such
33    mediation shall be provided by the Board and  shall  be  held
34    before  qualified  impartial  individuals.  Nothing prohibits
 
                            -37-     LRB093 02649 NHT 02659 b
 1    the use of other individuals or  organizations  such  as  the
 2    Federal  Mediation  and  Conciliation Service or the American
 3    Arbitration  Association  selected  by  both  the   exclusive
 4    bargaining representative and the employer.
 5        If  the  parties engaged in collective bargaining fail to
 6    reach an agreement within 15 days of the scheduled  start  of
 7    the forthcoming school year and have not requested mediation,
 8    the  Illinois  Educational Labor Relations Board shall invoke
 9    mediation.
10        Whenever mediation is initiated  or  invoked  under  this
11    subsection  (a)  Section,  the parties may stipulate to defer
12    selection of a mediator in accordance with rules  adopted  by
13    the Board.
14        (b)  If,  after  a  reasonable period of bargaining of at
15    least 60  days,  a  dispute  or  impasse  exists  between  an
16    employer  whose  territorial  boundaries are coterminous with
17    those of a city having a population in excess of 500,000  and
18    the  exclusive  bargaining  representative  over a subject or
19    matter set forth in Section 4.5  of  this  Act,  the  parties
20    shall submit the dispute or impasse to the dispute resolution
21    procedure  agreed to between the parties. The procedure shall
22    provide for mediation of disputes  by  a  rotating  mediation
23    panel  and  may,  at the request of either party, include the
24    issuance of advisory findings of fact and recommendations.
25        (c)  The costs of fact finding  and  mediation  shall  be
26    shared   equally  between  the  employer  and  the  exclusive
27    bargaining agent, provided that, for  purposes  of  mediation
28    under this Act, if either party requests the use of mediation
29    services from the Federal Mediation and Conciliation Service,
30    the other party shall either join in such request or bear the
31    additional cost of mediation services from another source.
32        (d)  Nothing  in  this  Act  prevents  an employer and an
33    exclusive bargaining representative from mutually  submitting
34    to  final and binding impartial arbitration unresolved issues
 
                            -38-     LRB093 02649 NHT 02659 b
 1    concerning  the  terms  of  a   new   collective   bargaining
 2    agreement.
 3    (Source: P.A. 86-412.)

 4        Section  90.  The State Mandates Act is amended by adding
 5    Section 8.27 as follows:

 6        (30 ILCS 805/8.27 new)
 7        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 8    and  8 of this Act, no reimbursement by the State is required
 9    for  the  implementation  of  any  mandate  created  by  this
10    amendatory Act of the 93rd General Assembly.

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