95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1287

 

Introduced 2/20/2007, by Rep. Monique D. Davis

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-19.1   from Ch. 122, par. 10-19.1
105 ILCS 5/34-18   from Ch. 122, par. 34-18

    Amends the School Code. Provides that if a school board, in scheduling breaks as part of a full year school plan, schedules a break that exceeds 9 consecutive days, the school district shall forfeit 20% of its general State aid allocation under the State aid formula provisions of the Code for the first break of the school year that exceeds 9 consecutive days and 20% of the reduced allocation for each subsequent break that exceeds 9 consecutive days during that school year.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Sections
5 10-19.1 and 34-18 as follows:
 
6     (105 ILCS 5/10-19.1)  (from Ch. 122, par. 10-19.1)
7     Sec. 10-19.1. Full year school plan. Any school district
8 may, by resolution of its board, operate one or more schools
9 within the district on a full year school plan approved by the
10 State Board of Education. Any board which operates under this
11 Section shall devise a plan so that a student's required
12 attendance in school shall be for a minimum term of 180 days of
13 actual attendance, including not more than 4 institute days,
14 during a 12 month period, but shall not exceed 185 days. Under
15 such plan, no teacher shall be required to teach more than 185
16 days. A calendar of 180 days may be established with the
17 approval of the State Board of Education.
18     If a school board, in scheduling breaks as part of the full
19 year school plan, schedules a break that exceeds 9 consecutive
20 days, the school district, pursuant to rules of the State Board
21 of Education, shall forfeit 20% of its general State aid
22 allocation under Section 18-8.05 of this Code for the first
23 break of the school year that exceeds 9 consecutive days and

 

 

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1 20% of the reduced allocation for each subsequent break that
2 exceeds 9 consecutive days during that school year.
3 (Source: P.A. 81-1508.)
 
4     (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
5     Sec. 34-18. Powers of the board. The board shall exercise
6 general supervision and jurisdiction over the public education
7 and the public school system of the city, and, except as
8 otherwise provided by this Article, shall have power:
9         1. To make suitable provision for the establishment and
10     maintenance throughout the year or for such portion thereof
11     as it may direct, not less than 9 months, of schools of all
12     grades and kinds, including normal schools, high schools,
13     night schools, schools for defectives and delinquents,
14     parental and truant schools, schools for the blind, the
15     deaf and the crippled, schools or classes in manual
16     training, constructural and vocational teaching, domestic
17     arts and physical culture, vocation and extension schools
18     and lecture courses, and all other educational courses and
19     facilities, including establishing, equipping, maintaining
20     and operating playgrounds and recreational programs, when
21     such programs are conducted in, adjacent to, or connected
22     with any public school under the general supervision and
23     jurisdiction of the board; provided that (i) the calendar
24     for the school term and any changes must be submitted to
25     and approved by the State Board of Education before the

 

 

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1     calendar or changes may take effect, (ii) if the board, in
2     scheduling breaks as part of a full year school plan,
3     schedules a break that exceeds 9 consecutive days, the
4     school district, pursuant to rules of the State Board of
5     Education, shall forfeit 20% of its general State aid
6     allocation under Section 18-8.05 of this Code for the first
7     break of the school year that exceeds 9 consecutive days
8     and 20% of the reduced allocation for each subsequent break
9     that exceeds 9 consecutive days during that school year,
10     and (iii) provided that in allocating funds from year to
11     year for the operation of all attendance centers within the
12     district, the board shall ensure that supplemental general
13     State aid funds are allocated and applied in accordance
14     with Section 18-8 or 18-8.05. To admit to such schools
15     without charge foreign exchange students who are
16     participants in an organized exchange student program
17     which is authorized by the board. The board shall permit
18     all students to enroll in apprenticeship programs in trade
19     schools operated by the board, whether those programs are
20     union-sponsored or not. No student shall be refused
21     admission into or be excluded from any course of
22     instruction offered in the common schools by reason of that
23     student's sex. No student shall be denied equal access to
24     physical education and interscholastic athletic programs
25     supported from school district funds or denied
26     participation in comparable physical education and

 

 

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1     athletic programs solely by reason of the student's sex.
2     Equal access to programs supported from school district
3     funds and comparable programs will be defined in rules
4     promulgated by the State Board of Education in consultation
5     with the Illinois High School Association. Notwithstanding
6     any other provision of this Article, neither the board of
7     education nor any local school council or other school
8     official shall recommend that children with disabilities
9     be placed into regular education classrooms unless those
10     children with disabilities are provided with supplementary
11     services to assist them so that they benefit from the
12     regular classroom instruction and are included on the
13     teacher's regular education class register;
14         2. To furnish lunches to pupils, to make a reasonable
15     charge therefor, and to use school funds for the payment of
16     such expenses as the board may determine are necessary in
17     conducting the school lunch program;
18         3. To co-operate with the circuit court;
19         4. To make arrangements with the public or quasi-public
20     libraries and museums for the use of their facilities by
21     teachers and pupils of the public schools;
22         5. To employ dentists and prescribe their duties for
23     the purpose of treating the pupils in the schools, but
24     accepting such treatment shall be optional with parents or
25     guardians;
26         6. To grant the use of assembly halls and classrooms

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     provide information to students concerning educational and
2     career opportunities available in the military and may not
3     be released to a person who is not involved in recruiting
4     students for the armed forces of Illinois or the United
5     States;
6         17. (a) To sell or market any computer program
7     developed by an employee of the school district, provided
8     that such employee developed the computer program as a
9     direct result of his or her duties with the school district
10     or through the utilization of the school district resources
11     or facilities. The employee who developed the computer
12     program shall be entitled to share in the proceeds of such
13     sale or marketing of the computer program. The distribution
14     of such proceeds between the employee and the school
15     district shall be as agreed upon by the employee and the
16     school district, except that neither the employee nor the
17     school district may receive more than 90% of such proceeds.
18     The negotiation for an employee who is represented by an
19     exclusive bargaining representative may be conducted by
20     such bargaining representative at the employee's request.
21         (b) For the purpose of this paragraph 17:
22             (1) "Computer" means an internally programmed,
23         general purpose digital device capable of
24         automatically accepting data, processing data and
25         supplying the results of the operation.
26             (2) "Computer program" means a series of coded

 

 

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

 

 

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

 

 

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

 

 

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1     representatives of local businesses and industries shall
2     be invited to the school campus and shall inform students
3     of career opportunities available to them in the various
4     businesses and industries. Special consideration shall be
5     given to counseling minority students as to career
6     opportunities available to them in various fields. For the
7     purposes of this paragraph, minority student means a person
8     who is:
9             (a) Black (a person having origins in any of the
10         black racial groups in Africa);
11             (b) Hispanic (a person of Spanish or Portuguese
12         culture with origins in Mexico, South or Central
13         America, or the Caribbean islands, regardless of
14         race);
15             (c) Asian American (a person having origins in any
16         of the original peoples of the Far East, Southeast
17         Asia, the Indian Subcontinent or the Pacific Islands);
18         or
19             (d) American Indian or Alaskan Native (a person
20         having origins in any of the original peoples of North
21         America).
22         Counseling days shall not be in lieu of regular school
23     days;
24         22. To report to the State Board of Education the
25     annual student dropout rate and number of students who
26     graduate from, transfer from or otherwise leave bilingual

 

 

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1     programs;
2         23. Except as otherwise provided in the Abused and
3     Neglected Child Reporting Act or other applicable State or
4     federal law, to permit school officials to withhold, from
5     any person, information on the whereabouts of any child
6     removed from school premises when the child has been taken
7     into protective custody as a victim of suspected child
8     abuse. School officials shall direct such person to the
9     Department of Children and Family Services, or to the local
10     law enforcement agency if appropriate;
11         24. To develop a policy, based on the current state of
12     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 schools
19     to meet current or projected demographic patterns within
20     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 teaching
26     profession, whereby qualified professionals become

 

 

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1     certified teachers, by allowing credit for professional
2     employment in related fields when determining point of
3     entry on teacher pay scale;
4         27. To provide or contract out training programs for
5     administrative personnel and principals with revised or
6     expanded duties pursuant to this Act in order to assure
7     they have the knowledge and skills to perform their duties;
8         28. To establish a fund for the prioritized special
9     needs programs, and to allocate such funds and other lump
10     sum amounts to each attendance center in a manner
11     consistent with the provisions of part 4 of Section 34-2.3.
12     Nothing in this paragraph shall be construed to require any
13     additional appropriations of State funds for this purpose;
14         29. (Blank);
15         30. Notwithstanding any other provision of this Act or
16     any other law to the contrary, to contract with third
17     parties for services otherwise performed by employees,
18     including those in a bargaining unit, and to layoff those
19     employees upon 14 days written notice to the affected
20     employees. Those contracts may be for a period not to
21     exceed 5 years and may be awarded on a system-wide basis;
22         31. To promulgate rules establishing procedures
23     governing the layoff or reduction in force of employees and
24     the recall of such employees, including, but not limited
25     to, criteria for such layoffs, reductions in force or
26     recall rights of such employees and the weight to be given

 

 

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1     to any particular criterion. Such criteria shall take into
2     account factors including, but not be limited to,
3     qualifications, certifications, experience, performance
4     ratings or evaluations, and any other factors relating to
5     an employee's job performance;
6         32. To develop a policy to prevent nepotism in the
7     hiring of personnel or the selection of contractors;
8         33. To enter into a partnership agreement, as required
9     by Section 34-3.5 of this Code, and, notwithstanding any
10     other provision of law to the contrary, to promulgate
11     policies, enter into contracts, and take any other action
12     necessary to accomplish the objectives and implement the
13     requirements of that agreement; and
14         34. To establish a Labor Management Council to the
15     board comprised of representatives of the board, the chief
16     executive officer, and those labor organizations that are
17     the exclusive representatives of employees of the board and
18     to promulgate policies and procedures for the operation of
19     the Council.
20     The specifications of the powers herein granted are not to
21 be construed as exclusive but the board shall also exercise all
22 other powers that they may be requisite or proper for the
23 maintenance and the development of a public school system, not
24 inconsistent with the other provisions of this Article or
25 provisions of this Code which apply to all school districts.
26     In addition to the powers herein granted and authorized to

 

 

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1 be exercised by the board, it shall be the duty of the board to
2 review or to direct independent reviews of special education
3 expenditures and services. The board shall file a report of
4 such review with the General Assembly on or before May 1, 1990.
5 (Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02;
6 92-724, eff. 7-25-02; 93-3, eff. 4-16-03; 93-1036, eff.
7 9-14-04.)