98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5537

 

Introduced , by Rep. Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Makes changes concerning State Board of Education actions for schools or school districts that remain on academic watch status. Removes current provisions governing the removal of school board members and the appointment of an Independent Authority. Provides for assistance to lower performing districts. Provides that the State Board has the power to direct the State Superintendent of Education to remove a school board in a district having a population of not more than 500,000. Provides that the State Board may require identified priority districts to seek accreditation through an independent accreditation organization chosen by the State Board and paid for by the State. Allows the State Board to direct the State Superintendent to remove school board members in any district in which the district is unable to obtain accreditation in whole or in part due to reasons related to school board governance. Provides that upon removal of the school board, the State Superintendent shall establish an Independent Authority. Provides that, upon establishment of an Independent Authority to operate the district, the State Superintendent shall appoint members to serve on the Independent Authority. Provides that the Independent Authority shall have all of the powers and duties of a school board and all other powers necessary to meet its responsibilities and to carry out its purposes and that may be requisite or proper for the maintenance, operation, and development of any school or schools under the jurisdiction of the Independent Authority. Sets forth provisions concerning emergency financial assistance, the suspension of school board elections, reports, assistance, the abolition of an Independent Authority, and indemnification and protection from suit. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5537LRB098 19361 NHT 54514 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25d, 2-3.25f, 2-3.25g, 2-3.25h, and 10-10 and by adding
6Sections 2-3.25e-5 and 2-3.25f-5 as follows:
 
7    (105 ILCS 5/2-3.25d)  (from Ch. 122, par. 2-3.25d)
8    Sec. 2-3.25d. Academic early warning and watch status.
9    (a) Beginning with the 2005-2006 school year, unless the
10federal government formally disapproves of such policy through
11the submission and review process for the Illinois
12Accountability Workbook, those schools that do not meet
13adequate yearly progress criteria for 2 consecutive annual
14calculations in the same subject or in their participation
15rate, attendance rate, or graduation rate shall be placed on
16academic early warning status for the next school year. Schools
17on academic early warning status that do not meet adequate
18yearly progress criteria for a third annual calculation in the
19same subject or in their participation rate, attendance rate,
20or graduation rate shall remain on academic early warning
21status. Schools on academic early warning status that do not
22meet adequate yearly progress criteria for a fourth annual
23calculation in the same subject or in their participation rate,

 

 

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1attendance rate, or graduation rate shall be placed on initial
2academic watch status. Schools on academic watch status that do
3not meet adequate yearly progress criteria for a fifth or
4subsequent annual calculation in the same subject or in their
5participation rate, attendance rate, or graduation rate shall
6remain on academic watch status. Schools on academic early
7warning or academic watch status that meet adequate yearly
8progress criteria for 2 consecutive calculations shall be
9considered as having met expectations and shall be removed from
10any status designation.
11    The school district of a school placed on either academic
12early warning status or academic watch status may appeal the
13status to the State Board of Education in accordance with
14Section 2-3.25m of this Code.
15    A school district that has one or more schools on academic
16early warning or academic watch status shall prepare a revised
17School Improvement Plan or amendments thereto setting forth the
18district's expectations for removing each school from academic
19early warning or academic watch status and for improving
20student performance in the affected school or schools.
21Districts operating under Article 34 of this Code may prepare
22the School Improvement Plan required under Section 34-2.4 of
23this Code.
24    The revised School Improvement Plan for a school that is
25initially placed on academic early warning status or that
26remains on academic early warning status after a third annual

 

 

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1calculation must be approved by the school board (and by the
2school's local school council in a district operating under
3Article 34 of this Code, unless the school is on probation
4pursuant to subsection (c) of Section 34-8.3 of this Code).
5    The revised School Improvement Plan for a school that is
6initially placed on academic watch status after a fourth annual
7calculation must be approved by the school board (and by the
8school's local school council in a district operating under
9Article 34 of this Code, unless the school is on probation
10pursuant to subsection (c) of Section 34-8.3 of this Code).
11    The revised School Improvement Plan for a school that
12remains on academic watch status after a fifth annual
13calculation must be approved by the school board (and by the
14school's local school council in a district operating under
15Article 34 of this Code, unless the school is on probation
16pursuant to subsection (c) of Section 34-8.3 of this Code). In
17addition, the district must develop a school restructuring plan
18for the school that must be approved by the school board (and
19by the school's local school council in a district operating
20under Article 34 of this Code).
21    A school on academic watch status that does not meet
22adequate yearly progress criteria for a sixth annual
23calculation shall implement its approved school restructuring
24plan beginning with the next school year, subject to the State
25interventions specified in Sections Section 2-3.25f and
262-3.25f-5 of this Code.

 

 

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1    (b) Beginning with the 2005-2006 school year, unless the
2federal government formally disapproves of such policy through
3the submission and review process for the Illinois
4Accountability Workbook, those school districts that do not
5meet adequate yearly progress criteria for 2 consecutive annual
6calculations in the same subject or in their participation
7rate, attendance rate, or graduation rate shall be placed on
8academic early warning status for the next school year.
9Districts on academic early warning status that do not meet
10adequate yearly progress criteria for a third annual
11calculation in the same subject or in their participation rate,
12attendance rate, or graduation rate shall remain on academic
13early warning status. Districts on academic early warning
14status that do not meet adequate yearly progress criteria for a
15fourth annual calculation in the same subject or in their
16participation rate, attendance rate, or graduation rate shall
17be placed on initial academic watch status. Districts on
18academic watch status that do not meet adequate yearly progress
19criteria for a fifth or subsequent annual calculation in the
20same subject or in their participation rate, attendance rate,
21or graduation rate shall remain on academic watch status.
22Districts on academic early warning or academic watch status
23that meet adequate yearly progress criteria for one annual
24calculation shall be considered as having met expectations and
25shall be removed from any status designation.
26    A district placed on either academic early warning status

 

 

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1or academic watch status may appeal the status to the State
2Board of Education in accordance with Section 2-3.25m of this
3Code.
4    Districts on academic early warning or academic watch
5status shall prepare a District Improvement Plan or amendments
6thereto setting forth the district's expectations for removing
7the district from academic early warning or academic watch
8status and for improving student performance in the district.
9    All District Improvement Plans must be approved by the
10school board.
11    (c) All revised School and District Improvement Plans shall
12be developed in collaboration with parents, staff in the
13affected school or school district, and outside experts. All
14revised School and District Improvement Plans shall be
15developed, submitted, and monitored pursuant to rules adopted
16by the State Board of Education. The revised Improvement Plan
17shall address measurable outcomes for improving student
18performance so that such performance meets adequate yearly
19progress criteria as specified by the State Board of Education.
20All school districts required to revise a School Improvement
21Plan in accordance with this Section shall establish a peer
22review process for the evaluation of School Improvement Plans.
23    (d) All federal requirements apply to schools and school
24districts utilizing federal funds under Title I, Part A of the
25federal Elementary and Secondary Education Act of 1965.
26    (e) The State Board of Education, from any moneys it may

 

 

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1have available for this purpose, must implement and administer
2a grant program that provides 2-year grants to school districts
3on the academic watch list and other school districts that have
4the lowest achieving students, as determined by the State Board
5of Education, to be used to improve student achievement. In
6order to receive a grant under this program, a school district
7must establish an accountability program. The accountability
8program must involve the use of statewide testing standards and
9local evaluation measures. A grant shall be automatically
10renewed when achievement goals are met. The Board may adopt any
11rules necessary to implement and administer this grant program.
12(Source: P.A. 96-734, eff. 8-25-09.)
 
13    (105 ILCS 5/2-3.25e-5 new)
14    Sec. 2-3.25e-5. Two years on academic watch status;
15full-year school plan.
16    (a) In this Section, "school" means any of the following
17named public schools or their successor name:
18        (1) Dirksen Middle School in Dolton School District
19    149.
20        (2) Diekman Elementary School in Dolton School
21    District 149.
22        (3) Caroline Sibley Elementary School in Dolton School
23    District 149.
24        (4) Berger-Vandenberg Elementary School in Dolton
25    School District 149.

 

 

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1        (5) Carol Moseley Braun School in Dolton School
2    District 149.
3        (6) New Beginnings Learning Academy in Dolton School
4    District 149.
5        (7) McKinley Junior High School in South Holland School
6    District 150.
7        (8) Greenwood Elementary School in South Holland
8    School District 150.
9        (9) McKinley Elementary School in South Holland School
10    District 150.
11        (10) Eisenhower School in South Holland School
12    District 151.
13        (11) Madison School in South Holland School District
14    151.
15        (12) Taft School in South Holland School District 151.
16        (13) Wolcott School in Thornton School District 154.
17        (14) Memorial Junior High School in Lansing School
18    District 158.
19        (15) Oak Glen Elementary School in Lansing School
20    District 158.
21        (16) Lester Crawl Primary Center in Lansing School
22    District 158.
23        (17) Brookwood Junior High School in Brookwood School
24    District 167.
25        (18) Brookwood Middle School in Brookwood School
26    District 167.

 

 

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1        (19) Hickory Bend Elementary School in Brookwood
2    School District 167.
3        (20) Medgar Evers Primary Academic Center in Ford
4    Heights School District 169.
5        (21) Nathan Hale Elementary School in Sunnybrook
6    School District 171.
7        (22) Ira F. Aldridge Elementary School in City of
8    Chicago School District 299.
9        (23) William E.B. DuBois Elementary School in City of
10    Chicago School District 299.
11    (b) If, after 2 years following its placement on academic
12watch status, a school remains on academic watch status, then,
13subject to federal appropriation money being available, the
14State Board of Education shall allow the school board to opt
15into the process of operating that school on a pilot, full-year
16school plan, approved by the State Board of Education, upon
17expiration of its teachers' current collective bargaining
18agreement until the expiration of the next collective
19bargaining agreement. A school board must notify the State
20Board of Education of its intent to opt into the process of
21operating a school on a pilot, full-year school plan.
 
22    (105 ILCS 5/2-3.25f)  (from Ch. 122, par. 2-3.25f)
23    Sec. 2-3.25f. State interventions.
24    (a) The State Board of Education shall provide technical
25assistance to assist with the development and implementation of

 

 

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1School and District Improvement Plans.
2    Schools or school districts that fail to make reasonable
3efforts to implement an approved Improvement Plan may suffer
4loss of State funds by school district, attendance center, or
5program as the State Board of Education deems appropriate.
6    (a-5) (Blank). In this subsection (a-5), "school" means any
7of the following named public schools or their successor name:
8        (1) Dirksen Middle School in Dolton School District
9    149.
10        (2) Diekman Elementary School in Dolton School
11    District 149.
12        (3) Caroline Sibley Elementary School in Dolton School
13    District 149.
14        (4) Berger-Vandenberg Elementary School in Dolton
15    School District 149.
16        (5) Carol Moseley Braun School in Dolton School
17    District 149.
18        (6) New Beginnings Learning Academy in Dolton School
19    District 149.
20        (7) McKinley Junior High School in South Holland School
21    District 150.
22        (8) Greenwood Elementary School in South Holland
23    School District 150.
24        (9) McKinley Elementary School in South Holland School
25    District 150.
26        (10) Eisenhower School in South Holland School

 

 

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1    District 151.
2        (11) Madison School in South Holland School District
3    151.
4        (12) Taft School in South Holland School District 151.
5        (13) Wolcott School in Thornton School District 154.
6        (14) Memorial Junior High School in Lansing School
7    District 158.
8        (15) Oak Glen Elementary School in Lansing School
9    District 158.
10        (16) Lester Crawl Primary Center in Lansing School
11    District 158.
12        (17) Brookwood Junior High School in Brookwood School
13    District 167.
14        (18) Brookwood Middle School in Brookwood School
15    District 167.
16        (19) Hickory Bend Elementary School in Brookwood
17    School District 167.
18        (20) Medgar Evers Primary Academic Center in Ford
19    Heights School District 169.
20        (21) Nathan Hale Elementary School in Sunnybrook
21    School District 171.
22        (22) Ira F. Aldridge Elementary School in City of
23    Chicago School District 299.
24        (23) William E.B. DuBois Elementary School in City of
25    Chicago School District 299.
26    If, after 2 years following its placement on academic watch

 

 

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1status, a school remains on academic watch status, then,
2subject to federal appropriation money being available, the
3State Board of Education shall allow the school board to opt in
4the process of operating that school on a pilot full-year
5school plan approved by the State Board of Education upon
6expiration of its teachers' current collective bargaining
7agreement until the expiration of the next collective
8bargaining agreement. A school board must notify the State
9Board of Education of its intent to opt in the process of
10operating a school on a pilot full-year school plan.
11    (b) If In addition, if after 3 years following its
12placement on academic watch status a school district or school
13remains on academic watch status, the State Board of Education
14shall take one of the following actions for the district or
15school: (1) The State Board of Education may authorize the
16State Superintendent of Education to direct the regional
17superintendent of schools to remove school board members
18pursuant to Section 3-14.28 of this Code. Prior to such
19direction the State Board of Education shall permit members of
20the local board of education to present written and oral
21comments to the State Board of Education. The State Board of
22Education may direct the State Superintendent of Education to
23appoint an Independent Authority that shall exercise such
24powers and duties as may be necessary to operate a school or
25school district for purposes of improving pupil performance and
26school improvement. The State Superintendent of Education

 

 

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1shall designate one member of the Independent Authority to
2serve as chairman. The Independent Authority shall serve for a
3period of time specified by the State Board of Education upon
4the recommendation of the State Superintendent of Education.
5(2) The State Board of Education may (i) (A) change the
6recognition status of the school district or school to
7nonrecognized, or (ii) (B) authorize the State Superintendent
8of Education to direct the reassignment of pupils or direct the
9reassignment or replacement of school district personnel who
10are relevant to the failure to meet adequate yearly progress
11criteria. If a school district is nonrecognized in its
12entirety, it shall automatically be dissolved on July 1
13following that nonrecognition and its territory realigned with
14another school district or districts by the regional board of
15school trustees in accordance with the procedures set forth in
16Section 7-11 of the School Code. The effective date of the
17nonrecognition of a school shall be July 1 following the
18nonrecognition.
19    (b-5) The State Board of Education shall also develop a
20system to provide assistance and resources to lower performing
21school districts. At a minimum, the State Board shall identify
22school districts to receive priority services, to be known as
23priority districts. In addition, the State Board may, by rule,
24develop other categories of low-performing schools and school
25districts to receive services.
26    Districts designated as priority districts shall be those

 

 

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1that fall within one of the following categories:
2        (1) Have at least one school that is among the lowest
3    performing 5% of schools in this State based on a 3-year
4    average, with respect to the performance of the "all
5    students" group for the percentage of students meeting or
6    exceeding standards in reading and mathematics combined,
7    and demonstrate a lack of progress as defined by the State
8    Board of Education.
9        (2) Have at least one secondary school that has an
10    average graduation rate of less than 60% over the last 3
11    school years.
12        (3) Have at least one school receiving a school
13    improvement grant under Section 1003(g) of the federal
14    Elementary and Secondary Education Act of 1965.
15    The State Board of Education shall work with a priority
16district to perform a district needs assessment to determine
17the district's core functions that are areas of strength and
18weakness, unless the district is already undergoing a national
19accreditation process. The results from the district needs
20assessment shall be used by the district to identify goals and
21objectives for the district's improvement. The district needs
22assessment shall include a study of district functions, such as
23district finance, governance, student engagement, instruction
24practices, climate, community involvement, and continuous
25improvement.
26    Based on the results of the district needs assessment, the

 

 

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1State Board of Education shall work with the district to
2provide technical assistance and professional development, in
3partnership with the district, to implement a continuous
4improvement plan that would increase outcomes for students. The
5plan for continuous improvement shall be based on the results
6of the district needs assessment and shall be used to determine
7the types of services that are to be provided to each priority
8district. Potential services for a district may include
9monitoring adult and student practices, reviewing and
10reallocating district resources, developing a district
11leadership team, providing access to curricular content area
12specialists, and providing online resources and professional
13development.
14    The State Board of Education may require priority districts
15identified as having deficiencies in one or more core functions
16of the district needs assessment to undergo an accreditation
17process as provided in subsection (d) of Section 2-3.25f-5 of
18this Code.
19    (c) All federal requirements apply to schools and school
20districts utilizing federal funds under Title I, Part A of the
21federal Elementary and Secondary Education Act of 1965.
22(Source: P.A. 97-370, eff. 1-1-12.)
 
23    (105 ILCS 5/2-3.25f-5 new)
24    Sec. 2-3.25f-5. Independent Authority.
25    (a) The General Assembly finds all of the following:

 

 

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1        (1) A fundamental goal of the people of this State, as
2    expressed in Section 1 of Article X of the Illinois
3    Constitution, is the educational development of all
4    persons to the limits of their capacities. When a school
5    board faces governance difficulties, continued operation
6    of the public school system is threatened.
7        (2) Sound school board governance, academic
8    achievement, and sound financial structure are essential
9    to the continued operation of any school system. It is
10    vital to commercial, educational, and cultural interests
11    that public schools remain in operation. To achieve that
12    goal, public school systems must have effective
13    leadership.
14        (3) To promote the sound operation of districts, as
15    defined in this Section, it may be necessary to provide for
16    the creation of independent authorities with the powers
17    necessary to promote sound governance, sound academic
18    planning, and sound financial management and to ensure the
19    continued operation of the public schools.
20        (4) It is the purpose of this Section to provide for a
21    sound basis for the continued operation of public schools.
22    The intention of the General Assembly, in creating this
23    Section, is to establish procedures, provide powers, and
24    impose restrictions to ensure the educational integrity of
25    public school districts.
26    (b) As used in this Section:

 

 

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1    "Board" means a school board of a district.
2    "Chairperson" means the Chairperson of the Independent
3Authority.
4    "District" means any school district having a population of
5not more than 500,000.
6    "State Board" means the State Board of Education.
7    "State Superintendent" means the State Superintendent of
8Education.
9    (c) The State Board has the power to direct the State
10Superintendent to remove a board. Boards may be removed when
11the criteria provided for in subsection (d) of this Section are
12met.
13    If the State Board proposes to direct the State
14Superintendent to remove a board from a district, board members
15shall receive individual written notice of the intended
16removal. Written notice must be provided at least 30 calendar
17days before a hearing is held by the State Board. This notice
18shall identify the basis for proposed removal.
19    Board members are entitled to a hearing, during which time
20each board member shall have the opportunity to respond
21individually, both orally and through written comments, to the
22basis laid out in the notice. Written comments must be
23submitted to the State Board on or before the hearing.
24    Board members are entitled to be represented by counsel at
25the hearing, but counsel must not be paid with district funds,
26unless the State Board decides that the board will not be

 

 

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1removed and then the board members may be reimbursed for all
2reasonable attorney's fees by the district.
3    The State Board shall make a final decision on removal
4immediately following the hearing or at its next regularly
5scheduled or special meeting. In no event may the decision be
6made later than the next regularly scheduled meeting.
7    The State Board shall issue a final written decision. If
8the State Board directs the State Superintendent to remove the
9board, the State Superintendent shall do so within 30 days
10after the written decision. Following the removal of the board,
11the State Superintendent shall establish an Independent
12Authority pursuant to subsection (e) of this Section.
13    If there is a financial oversight panel operating in the
14district pursuant to Article 1B or 1H of this Code, the State
15Board may, at its discretion, abolish the panel.
16    (d) The State Board may require priority districts, as
17defined in subsection (b-5) of Section 2-3.25f of this Code, to
18seek accreditation through an independent accreditation
19organization chosen by the State Board and paid for by the
20State. The State Board may direct the State Superintendent to
21remove board members pursuant to subsection (c) of this Section
22in any district in which the district is unable to obtain
23accreditation in whole or in part due to reasons specifically
24related to school board governance. When determining if a
25district has failed to meet the standards for accreditation
26specifically related to school board governance, the

 

 

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1accreditation entity shall take into account the overall
2academic, fiscal, and operational condition of the district and
3consider whether the board has failed to protect district
4assets, to direct sound administrative and academic policy, to
5abide by basic governance principles, including those set forth
6in district policies, and to conduct itself with
7professionalism and care and in a legally, ethically, and
8financially responsible manner. When considering if a board has
9failed in these areas, the accreditation entity shall consider
10some or all of the following factors; however, (i) a board does
11not have to have engaged in any specific number of these
12factors nor does it have to have failed in all of the following
13areas in order to be removed and (ii) the accreditation entity
14does not have to make a finding as to each of these factors:
15        (1) Failure to protect district assets by, without
16    limitation, incidents of fiscal fraud or misappropriation
17    of district funds; acts of neglecting the district's
18    building conditions; a failure to meet regularly
19    scheduled, payroll-period obligations when due; a failure
20    to develop and implement a comprehensive, risk-management
21    plan; a failure to provide financial information or
22    cooperate with the State Superintendent; or a failure to
23    file an annual financial report, an annual budget, a
24    deficit reduction plan, or other financial information as
25    required by law.
26        (2) Failure to direct sound administrative and

 

 

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1    academic policy by, without limitation, hiring staff who do
2    not meet minimal certification requirements for the
3    positions being filled or who do not meet the customary
4    qualifications held by those occupying similar positions
5    in other school districts; a failure to avoid conflicts of
6    interest as it relates to hiring or other contractual
7    obligations; a failure to abide by competitive bidding
8    laws; a failure to abide by the Open Meetings Act and the
9    Freedom of Information Act; or a failure to adopt and
10    implement policies and practices that promote conditions
11    that support student learning, effective instruction, and
12    assessment that produce equitable and challenging learning
13    experiences for all students.
14        (3) Failure to abide by basic governance principles by,
15    without limitation, a failure to adopt and abide by sound
16    local governance policies; a failure to abide by the
17    principle that official action by the board occurs only
18    through a duly-called and legally conducted meeting of the
19    board; a failure to ensure that board decisions and actions
20    are in accordance with defined roles and responsibilities;
21    or a failure of the board to protect, support, and respect
22    the autonomy of a system to accomplish goals for
23    improvement in student learning and instruction and to
24    manage day-to-day operations of the school system and its
25    schools, including maintaining the distinction between the
26    board's roles and responsibilities and those of

 

 

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1    administrative leadership.
2        (4) Failure to conduct itself in a legally, ethically,
3    and financially responsible manner by, without limitation,
4    a failure to act in accordance with the Constitution of the
5    United States of America and the Constitution of the State
6    of Illinois and within the scope of State and federal laws;
7    a failure to comply with all district policies and
8    procedures and all State rules; or a failure to comply with
9    the governmental entities provisions of the State
10    Officials and Employees Ethics Act, including the gift ban
11    and prohibited political activities provisions.
12    (e) Upon removal of the board, the State Superintendent
13shall establish an Independent Authority. Upon establishment
14of an Independent Authority, there is established a body both
15corporate and politic to be known as the "(Name of the School
16District) Independent Authority", which in this name shall
17exercise all of the authority vested in an Independent
18Authority by this Section and by the name may sue and be sued
19in all courts and places where judicial proceedings are had.
20    (f) Upon establishment of an Independent Authority under
21subsection (e) of this Section, the State Superintendent shall,
22within 30 working days thereafter and in consultation with
23State and locally elected officials, appoint 5 or 7 members to
24serve on an Independent Authority for the district. Members
25appointed to the Independent Authority shall serve at the
26pleasure of the State Superintendent. The State Superintendent

 

 

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1shall designate one of the members of the Independent Authority
2to serve as its chairperson. In the event of vacancy or
3resignation, the State Superintendent shall, within 15
4workings days after receiving notice, appoint a successor to
5serve out that member's term. If the State Board has abolished
6a financial oversight panel pursuant to subsection (c) of this
7Section, the State Superintendent may appoint former members of
8the panel to the Independent Authority. These members may serve
9as part of the 5 or 7 members or may be appointed in addition to
10the 5 or 7 members, with the Independent Authority not to
11exceed 9 members in total.
12    Members of the Independent Authority must be selected
13primarily on the basis of their experience and knowledge in
14education policy and governance, with consideration given to
15persons knowledgeable in the operation of a school district. A
16member of the Independent Authority must be a registered voter
17as provided in the general election law, must not be a school
18trustee, and must not be a child sex offender as defined in
19Section 11-9.3 of the Criminal Code of 2012. A majority of the
20members of the Independent Authority must be residents of the
21district that the Independent Authority serves. A member of the
22Independent Authority may not be an employee of the district,
23nor may a member have a direct financial interest in the
24district.
25    Independent Authority members may be reimbursed by the
26district for travel if they live more than 25 miles away from

 

 

HB5537- 22 -LRB098 19361 NHT 54514 b

1the district's headquarters and other necessary expenses
2incurred in the performance of their official duties. The
3amount reimbursed members for their expenses must be charged to
4the school district.
5    With the exception of the Chairperson, the Independent
6Authority may elect such officers as it deems appropriate.
7    The first meeting of the Independent Authority must be held
8at the call of the Chairperson. The Independent Authority shall
9prescribe the times and places for its meetings and the manner
10in which regular and special meetings may be called and shall
11comply with the Open Meetings Act.
12    All Independent Authority members must complete the
13training required of school board members under Section 10-16a
14of this Code.
15    (g) The purpose of the Independent Authority is to operate
16the district. The Independent Authority shall have all of the
17powers and duties of a board and all other powers necessary to
18meet its responsibilities and to carry out its purpose and the
19purposes of this Section and that may be requisite or proper
20for the maintenance, operation, and development of any school
21or schools under the jurisdiction of the Independent Authority.
22This grant of powers does not release an Independent Authority
23from any duty imposed upon it by this Code or any other law.
24    The Independent Authority shall have no power to
25unilaterally cancel or modify any collective bargaining
26agreement in force upon the date of creation of the Independent

 

 

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1Authority.
2    (h) The Independent Authority may prepare and file with the
3State Superintendent a proposal for emergency financial
4assistance for the school district and for the operations
5budget of the Independent Authority, in accordance with Section
61B-8 of this Code. A district may receive both a loan and a
7grant.
8    (i) An election for board members must not be held in a
9district upon the establishment of an Independent Authority and
10is suspended until the next regularly scheduled school board
11election that takes place no less than 2 years following the
12establishment of the Independent Authority. For this first
13election, 3 school board members must be elected to serve out
14terms of 4 years and until successors are elected and have
15qualified. Members of the Independent Authority are eligible to
16run for election in the district, provided that they meet all
17other eligibility requirements of Section 10-10 of this Code.
18Following this election, the school board shall consist of the
19newly elected members and any remaining members of the
20Independent Authority. The majority of this board must be
21residents of the district. The State Superintendent must
22appoint new members who are residents to the Independent
23Authority if necessary to maintain this majority. At the next
24school board election, 4 school board members must be elected
25to serve out terms of 4 years and until successors are elected
26and have qualified. For purposes of these first 2 elections,

 

 

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1the school board members must be elected at-large. In districts
2where board members were previously elected using an
3alternative format pursuant to Article 9 of this Code,
4following these first 2 elections, the voting shall
5automatically revert back to the original form. Following the
6election, any remaining Independent Authority members shall
7serve in the district as an oversight panel until such time as
8the district meets the governance standards necessary to
9achieve accreditation. If some or all of the Independent
10Authority members have been elected to the board, the State
11Superintendent may, in his or her discretion, appoint new
12members to the Independent Authority pursuant to subsection (f)
13of this Section. The school board shall get approval of all
14actions by the Independent Authority during the time the
15Independent Authority serves as an oversight panel.
16    Board members who were removed pursuant to subsection (c)
17of this Section are ineligible to run for school board in the
18district for 10 years following the abolition of the
19Independent Authority pursuant to subsection (l) of this
20Section. However, board members who were removed pursuant to
21subsection (c) of this Section and were appointed to the
22Independent Authority by the State Superintendent are eligible
23to run for school board in the district.
24    (j) The Independent Authority, upon its members taking
25office and annually thereafter and upon request, shall prepare
26and submit to the State Superintendent a report on the state of

 

 

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1the district, including without limitation the academic
2improvement and financial situation of the district. This
3report must be submitted annually on or before March 1 of each
4year. The State Superintendent shall provide copies of any and
5all reports to the regional office of education for the
6district and to the State Senator and Representative
7representing the area where the district is located.
8    (k) The district shall render such services to and permit
9the use of its facilities and resources by the Independent
10Authority at no charge as may be requested by the Independent
11Authority. Any State agency, unit of local government, or
12school district may, within its lawful powers and duties,
13render such services to the Independent Authority as may be
14requested by the Independent Authority.
15    (l) An Independent Authority must be abolished when the
16district, following the election of the full board, meets the
17governance standards necessary to achieve accreditation status
18by an independent accreditation agency chosen by the State
19Board. The abolition of the Independent Authority shall be done
20by the State Board and take place within 30 days after the
21determination of the accreditation agency.
22    Upon abolition of the Independent Authority, all powers and
23duties allowed by this Code to be exercised by a school board
24shall be transferred to the elected school board.
25    (m) The Independent Authority must be indemnified through
26insurance purchased by the district. The district shall

 

 

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1purchase insurance through which the Independent Authority is
2to be indemnified.
3    The district retains the duty to represent and to indemnify
4Independent Authority members following the abolition of the
5Independent Authority for any cause of action or remedy
6available against the Independent Authority, its members, its
7employees, or its agents for any right or claim existing or any
8liability incurred prior to the abolition.
9    The insurance shall indemnify and protect districts,
10Independent Authority members, employees, volunteer personnel
11authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of
12this Code, mentors of certified or licensed staff as authorized
13in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of
14this Code, and student teachers against civil rights damage
15claims and suits, constitutional rights damage claims and
16suits, and death and bodily injury and property damage claims
17and suits, including defense thereof, when damages are sought
18for negligent or wrongful acts alleged to have been committed
19in the scope of employment, under the direction of the
20Independent Authority, or related to any mentoring services
21provided to certified or licensed staff of the district. Such
22indemnification and protection shall extend to persons who were
23members of an Independent Authority, employees of an
24Independent Authority, authorized volunteer personnel, mentors
25of certified or licensed staff, or student teachers at the time
26of the incident from which a claim arises. No agent may be

 

 

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1afforded indemnification or protection unless he or she was a
2member of an Independent Authority, an employee of an
3Independent Authority, an authorized volunteer, a mentor of
4certified or licensed staff, or a student teacher at the time
5of the incident from which the claim arises.
6    (n) The State Board may adopt rules as may be necessary for
7the administration of this Section.
 
8    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
9    Sec. 2-3.25g. Waiver or modification of mandates within the
10School Code and administrative rules and regulations.
11    (a) In this Section:
12        "Board" means a school board or the governing board or
13    administrative district, as the case may be, for a joint
14    agreement.
15        "Eligible applicant" means a school district, joint
16    agreement made up of school districts, or regional
17    superintendent of schools on behalf of schools and programs
18    operated by the regional office of education.
19        "Implementation date" has the meaning set forth in
20    Section 24A-2.5 of this Code.
21        "State Board" means the State Board of Education.
22    (b) Notwithstanding any other provisions of this School
23Code or any other law of this State to the contrary, eligible
24applicants may petition the State Board of Education for the
25waiver or modification of the mandates of this School Code or

 

 

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1of the administrative rules and regulations promulgated by the
2State Board of Education. Waivers or modifications of
3administrative rules and regulations and modifications of
4mandates of this School Code may be requested when an eligible
5applicant demonstrates that it can address the intent of the
6rule or mandate in a more effective, efficient, or economical
7manner or when necessary to stimulate innovation or improve
8student performance. Waivers of mandates of the School Code may
9be requested when the waivers are necessary to stimulate
10innovation or improve student performance. Waivers may not be
11requested from laws, rules, and regulations pertaining to
12special education, teacher certification, teacher tenure and
13seniority, or Section 5-2.1 of this Code or from compliance
14with the No Child Left Behind Act of 2001 (Public Law 107-110).
15Eligible applicants may not seek a waiver or seek a
16modification of a mandate regarding the requirements for (i)
17student performance data to be a significant factor in teacher
18or principal evaluations or (ii) for teachers and principals to
19be rated using the 4 categories of "excellent", "proficient",
20"needs improvement", or "unsatisfactory". On September 1,
212014, any previously authorized waiver or modification from
22such requirements shall terminate.
23    (c) Eligible applicants, as a matter of inherent managerial
24policy, and any Independent Authority established under
25Section 2-3.25f-5 of this Code 2-3.25f may submit an
26application for a waiver or modification authorized under this

 

 

HB5537- 29 -LRB098 19361 NHT 54514 b

1Section. Each application must include a written request by the
2eligible applicant or Independent Authority and must
3demonstrate that the intent of the mandate can be addressed in
4a more effective, efficient, or economical manner or be based
5upon a specific plan for improved student performance and
6school improvement. Any eligible applicant requesting a waiver
7or modification for the reason that intent of the mandate can
8be addressed in a more economical manner shall include in the
9application a fiscal analysis showing current expenditures on
10the mandate and projected savings resulting from the waiver or
11modification. Applications and plans developed by eligible
12applicants must be approved by the board or regional
13superintendent of schools applying on behalf of schools or
14programs operated by the regional office of education following
15a public hearing on the application and plan and the
16opportunity for the board or regional superintendent to hear
17testimony from staff directly involved in its implementation,
18parents, and students. The time period for such testimony shall
19be separate from the time period established by the eligible
20applicant for public comment on other matters. If the applicant
21is a school district or joint agreement requesting a waiver or
22modification of Section 27-6 of this Code, the public hearing
23shall be held on a day other than the day on which a regular
24meeting of the board is held.
25    (c-5) If the applicant is a school district, then the
26district shall post information that sets forth the time, date,

 

 

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1place, and general subject matter of the public hearing on its
2Internet website at least 14 days prior to the hearing. If the
3district is requesting to increase the fee charged for driver
4education authorized pursuant to Section 27-24.2 of this Code,
5the website information shall include the proposed amount of
6the fee the district will request. All school districts must
7publish a notice of the public hearing at least 7 days prior to
8the hearing in a newspaper of general circulation within the
9school district that sets forth the time, date, place, and
10general subject matter of the hearing. Districts requesting to
11increase the fee charged for driver education shall include in
12the published notice the proposed amount of the fee the
13district will request. If the applicant is a joint agreement or
14regional superintendent, then the joint agreement or regional
15superintendent shall post information that sets forth the time,
16date, place, and general subject matter of the public hearing
17on its Internet website at least 14 days prior to the hearing.
18If the joint agreement or regional superintendent is requesting
19to increase the fee charged for driver education authorized
20pursuant to Section 27-24.2 of this Code, the website
21information shall include the proposed amount of the fee the
22applicant will request. All joint agreements and regional
23superintendents must publish a notice of the public hearing at
24least 7 days prior to the hearing in a newspaper of general
25circulation in each school district that is a member of the
26joint agreement or that is served by the educational service

 

 

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1region that sets forth the time, date, place, and general
2subject matter of the hearing, provided that a notice appearing
3in a newspaper generally circulated in more than one school
4district shall be deemed to fulfill this requirement with
5respect to all of the affected districts. Joint agreements or
6regional superintendents requesting to increase the fee
7charged for driver education shall include in the published
8notice the proposed amount of the fee the applicant will
9request. The eligible applicant must notify in writing the
10affected exclusive collective bargaining agent and those State
11legislators representing the eligible applicant's territory of
12its intent to seek approval of a waiver or modification and of
13the hearing to be held to take testimony from staff. The
14affected exclusive collective bargaining agents shall be
15notified of such public hearing at least 7 days prior to the
16date of the hearing and shall be allowed to attend such public
17hearing. The eligible applicant shall attest to compliance with
18all of the notification and procedural requirements set forth
19in this Section.
20    (d) A request for a waiver or modification of
21administrative rules and regulations or for a modification of
22mandates contained in this School Code shall be submitted to
23the State Board of Education within 15 days after approval by
24the board or regional superintendent of schools. The
25application as submitted to the State Board of Education shall
26include a description of the public hearing. Except with

 

 

HB5537- 32 -LRB098 19361 NHT 54514 b

1respect to contracting for adaptive driver education, an
2eligible applicant wishing to request a modification or waiver
3of administrative rules of the State Board of Education
4regarding contracting with a commercial driver training school
5to provide the course of study authorized under Section 27-24.2
6of this Code must provide evidence with its application that
7the commercial driver training school with which it will
8contract holds a license issued by the Secretary of State under
9Article IV of Chapter 6 of the Illinois Vehicle Code and that
10each instructor employed by the commercial driver training
11school to provide instruction to students served by the school
12district holds a valid teaching certificate or teaching
13license, as applicable, issued under the requirements of this
14Code and rules of the State Board of Education. Such evidence
15must include, but need not be limited to, a list of each
16instructor assigned to teach students served by the school
17district, which list shall include the instructor's name,
18personal identification number as required by the State Board
19of Education, birth date, and driver's license number. If the
20modification or waiver is granted, then the eligible applicant
21shall notify the State Board of Education of any changes in the
22personnel providing instruction within 15 calendar days after
23an instructor leaves the program or a new instructor is hired.
24Such notification shall include the instructor's name,
25personal identification number as required by the State Board
26of Education, birth date, and driver's license number. If a

 

 

HB5537- 33 -LRB098 19361 NHT 54514 b

1school district maintains an Internet website, then the
2district shall post a copy of the final contract between the
3district and the commercial driver training school on the
4district's Internet website. If no Internet website exists,
5then the district shall make available the contract upon
6request. A record of all materials in relation to the
7application for contracting must be maintained by the school
8district and made available to parents and guardians upon
9request. The instructor's date of birth and driver's license
10number and any other personally identifying information as
11deemed by the federal Driver's Privacy Protection Act of 1994
12must be redacted from any public materials. Following receipt
13of the waiver or modification request, the State Board shall
14have 45 days to review the application and request. If the
15State Board fails to disapprove the application within that 45
16day period, the waiver or modification shall be deemed granted.
17The State Board may disapprove any request if it is not based
18upon sound educational practices, endangers the health or
19safety of students or staff, compromises equal opportunities
20for learning, or fails to demonstrate that the intent of the
21rule or mandate can be addressed in a more effective,
22efficient, or economical manner or have improved student
23performance as a primary goal. Any request disapproved by the
24State Board may be appealed to the General Assembly by the
25eligible applicant as outlined in this Section.
26    A request for a waiver from mandates contained in this

 

 

HB5537- 34 -LRB098 19361 NHT 54514 b

1School Code shall be submitted to the State Board within 15
2days after approval by the board or regional superintendent of
3schools. The application as submitted to the State Board of
4Education shall include a description of the public hearing.
5The description shall include, but need not be limited to, the
6means of notice, the number of people in attendance, the number
7of people who spoke as proponents or opponents of the waiver, a
8brief description of their comments, and whether there were any
9written statements submitted. The State Board shall review the
10applications and requests for completeness and shall compile
11the requests in reports to be filed with the General Assembly.
12The State Board shall file reports outlining the waivers
13requested by eligible applicants and appeals by eligible
14applicants of requests disapproved by the State Board with the
15Senate and the House of Representatives before each March 1 and
16October 1. The General Assembly may disapprove the report of
17the State Board in whole or in part within 60 calendar days
18after each house of the General Assembly next convenes after
19the report is filed by adoption of a resolution by a record
20vote of the majority of members elected in each house. If the
21General Assembly fails to disapprove any waiver request or
22appealed request within such 60 day period, the waiver or
23modification shall be deemed granted. Any resolution adopted by
24the General Assembly disapproving a report of the State Board
25in whole or in part shall be binding on the State Board.
26    (e) An approved waiver or modification (except a waiver

 

 

HB5537- 35 -LRB098 19361 NHT 54514 b

1from or modification to a physical education mandate) may
2remain in effect for a period not to exceed 5 school years and
3may be renewed upon application by the eligible applicant.
4However, such waiver or modification may be changed within that
55-year period by a board or regional superintendent of schools
6applying on behalf of schools or programs operated by the
7regional office of education following the procedure as set
8forth in this Section for the initial waiver or modification
9request. If neither the State Board of Education nor the
10General Assembly disapproves, the change is deemed granted.
11    An approved waiver from or modification to a physical
12education mandate may remain in effect for a period not to
13exceed 2 school years and may be renewed no more than 2 times
14upon application by the eligible applicant. An approved waiver
15from or modification to a physical education mandate may be
16changed within the 2-year period by the board or regional
17superintendent of schools, whichever is applicable, following
18the procedure set forth in this Section for the initial waiver
19or modification request. If neither the State Board of
20Education nor the General Assembly disapproves, the change is
21deemed granted.
22    (f) (Blank).
23(Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14.)
 
24    (105 ILCS 5/2-3.25h)  (from Ch. 122, par. 2-3.25h)
25    Sec. 2-3.25h. Technical assistance; State support

 

 

HB5537- 36 -LRB098 19361 NHT 54514 b

1services. Schools, school districts, local school councils,
2school improvement panels, and any Independent Authority
3established under Section 2-3.25f-5 of this Code 2-3.25f may
4receive technical assistance that the State Board of Education
5shall make available. Such technical assistance shall include
6without limitation assistance in the areas of curriculum
7evaluation, the instructional process, student performance,
8school environment, staff effectiveness, school and community
9relations, parental involvement, resource management,
10leadership, data analysis processes and tools, school
11improvement plan guidance and feedback, information regarding
12scientifically based research-proven curriculum and
13instruction, and professional development opportunities for
14teachers and administrators.
15(Source: P.A. 93-470, eff. 8-8-03.)
 
16    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
17    Sec. 10-10. Board of education; term; vacancy. All school
18districts having a population of not fewer than 1,000 and not
19more than 500,000 inhabitants, as ascertained by any special or
20general census, and not governed by special Acts, shall be
21governed by a board of education consisting of 7 members,
22serving without compensation except as herein provided. Each
23member shall be elected for a term of 4 years for the initial
24members of the board of education of a combined school district
25to which that subsection applies. If 5 members are elected in

 

 

HB5537- 37 -LRB098 19361 NHT 54514 b

11983 pursuant to the extension of terms provided by law for
2transition to the consolidated election schedule under the
3general election law, 2 of those members shall be elected to
4serve terms of 2 years and 3 shall be elected to serve terms of
54 years; their successors shall serve for a 4 year term. When
6the voters of a district have voted to elect members of the
7board of education for 6 year terms, as provided in Section
89-5, the terms of office of members of the board of education
9of that district expire when their successors assume office but
10not later than 7 days after such election. If at the regular
11school election held in the first odd-numbered year after the
12determination to elect members for 6 year terms 2 members are
13elected, they shall serve for a 6 year term; and of the members
14elected at the next regular school election 3 shall serve for a
15term of 6 years and 2 shall serve a term of 2 years. Thereafter
16members elected in such districts shall be elected to a 6 year
17term. If at the regular school election held in the first
18odd-numbered year after the determination to elect members for
196 year terms 3 members are elected, they shall serve for a 6
20year term; and of the members elected at the next regular
21school election 2 shall serve for a term of 2 years and 2 shall
22serve for a term of 6 years. Thereafter members elected in such
23districts shall be elected to a 6 year term. If at the regular
24school election held in the first odd-numbered year after the
25determination to elect members for 6 year terms 4 members are
26elected, 3 shall serve for a term of 6 years and one shall

 

 

HB5537- 38 -LRB098 19361 NHT 54514 b

1serve for a term of 2 years; and of the members elected at the
2next regular school election 2 shall serve for terms of 6 years
3and 2 shall serve for terms of 2 years. Thereafter members
4elected in such districts shall be elected to a 6 year term. If
5at the regular school election held in the first odd-numbered
6year after the determination to elect members for a 6 year term
75 members are elected, 3 shall serve for a term of 6 years and 2
8shall serve for a term of 2 years; and of the members elected
9at the next regular school election 2 shall serve for terms of
106 years and 2 shall serve for terms of 2 years. Thereafter
11members elected in such districts shall be elected to a 6 year
12term. An election for board members shall not be held in school
13districts which by consolidation, annexation or otherwise
14shall cease to exist as a school district within 6 months after
15the election date, and the term of all board members which
16would otherwise terminate shall be continued until such
17district shall cease to exist. Each member, on the date of his
18or her election, shall be a citizen of the United States of the
19age of 18 years or over, shall be a resident of the State and
20the territory of the district for at least one year immediately
21preceding his or her election, shall be a registered voter as
22provided in the general election law, shall not be a school
23trustee, must not have been removed from a school board
24pursuant to Section 2-3.25f-5 of this Code (unless subsequently
25appointed as a member of an Independent Authority or if it has
26been 10 years since the abolition of the Independent Authority

 

 

HB5537- 39 -LRB098 19361 NHT 54514 b

1in the district), and shall not be a child sex offender as
2defined in Section 11-9.3 of the Criminal Code of 2012. When
3the board of education is the successor of the school
4directors, all rights of property, and all rights regarding
5causes of action existing or vested in such directors, shall
6vest in it as fully as they were vested in the school
7directors. Terms of members are subject to Section 2A-54 of the
8Election Code.
9    Nomination papers filed under this Section are not valid
10unless the candidate named therein files with the county clerk
11or the county board of election commissioners, as the case may
12be, of the county in which the principal office of the school
13district is located a receipt from the county clerk showing
14that the candidate has filed a statement of economic interests
15as required by the Illinois Governmental Ethics Act. Such
16receipt shall be so filed either previously during the calendar
17year in which his nomination papers were filed or within the
18period for the filing of nomination papers in accordance with
19the general election law.
20    Whenever a vacancy occurs, the remaining members shall
21notify the regional superintendent of that vacancy within 5
22days after its occurrence and shall proceed to fill the vacancy
23until the next regular school election, at which election a
24successor shall be elected to serve the remainder of the
25unexpired term. However, if the vacancy occurs with less than
26868 days remaining in the term, or if the vacancy occurs less

 

 

HB5537- 40 -LRB098 19361 NHT 54514 b

1than 88 days before the next regularly scheduled election for
2this office then the person so appointed shall serve the
3remainder of the unexpired term, and no election to fill the
4vacancy shall be held. Should they fail so to act, within 45
5days after the vacancy occurs, the regional superintendent of
6schools under whose supervision and control the district is
7operating, as defined in Section 3-14.2 of this Act, shall
8within 30 days after the remaining members have failed to fill
9the vacancy, fill the vacancy as provided for herein. Upon the
10regional superintendent's failure to fill the vacancy, the
11vacancy shall be filled at the next regularly scheduled
12election. Whether elected or appointed by the remaining members
13or regional superintendent, the successor shall be an
14inhabitant of the particular area from which his or her
15predecessor was elected if the residential requirements
16contained in Section 10-10.5 or 12-2 of this Code apply.
17    A board of education may appoint a student to the board to
18serve in an advisory capacity. The student member shall serve
19for a term as determined by the board. The board may not grant
20the student member any voting privileges, but shall consider
21the student member as an advisor. The student member may not
22participate in or attend any executive session of the board.
23(Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13.)
 
24    Section 7. The Illinois Educational Labor Relations Act is
25amended by changing Section 2 as follows:
 

 

 

HB5537- 41 -LRB098 19361 NHT 54514 b

1    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
2    Sec. 2. Definitions. As used in this Act:
3    (a) "Educational employer" or "employer" means the
4governing body of a public school district, including the
5governing body of a charter school established under Article
627A of the School Code or of a contract school or contract
7turnaround school established under paragraph 30 of Section
834-18 of the School Code, combination of public school
9districts, including the governing body of joint agreements of
10any type formed by 2 or more school districts, public community
11college district or State college or university, a
12subcontractor of instructional services of a school district
13(other than a school district organized under Article 34 of the
14School Code), combination of school districts, charter school
15established under Article 27A of the School Code, or contract
16school or contract turnaround school established under
17paragraph 30 of Section 34-18 of the School Code, an
18Independent Authority created under Section 2-3.25f-5 of the
19School Code, and any State agency whose major function is
20providing educational services. "Educational employer" or
21"employer" does not include (1) a Financial Oversight Panel
22created pursuant to Section 1A-8 of the School Code due to a
23district violating a financial plan or (2) an approved
24nonpublic special education facility that contracts with a
25school district or combination of school districts to provide

 

 

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1special education services pursuant to Section 14-7.02 of the
2School Code, but does include a School Finance Authority
3created under Article 1E or 1F of the School Code and a
4Financial Oversight Panel created under Article 1B or 1H of the
5School Code. The change made by this amendatory Act of the 96th
6General Assembly to this paragraph (a) to make clear that the
7governing body of a charter school is an "educational employer"
8is declaratory of existing law.
9    (b) "Educational employee" or "employee" means any
10individual, excluding supervisors, managerial, confidential,
11short term employees, student, and part-time academic
12employees of community colleges employed full or part time by
13an educational employer, but shall not include elected
14officials and appointees of the Governor with the advice and
15consent of the Senate, firefighters as defined by subsection
16(g-1) of Section 3 of the Illinois Public Labor Relations Act,
17and peace officers employed by a State university. For the
18purposes of this Act, part-time academic employees of community
19colleges shall be defined as those employees who provide less
20than 3 credit hours of instruction per academic semester. In
21this subsection (b), the term "student" includes graduate
22students who are research assistants primarily performing
23duties that involve research or graduate assistants primarily
24performing duties that are pre-professional, but excludes
25graduate students who are teaching assistants primarily
26performing duties that involve the delivery and support of

 

 

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1instruction and all other graduate assistants.
2    (c) "Employee organization" or "labor organization" means
3an organization of any kind in which membership includes
4educational employees, and which exists for the purpose, in
5whole or in part, of dealing with employers concerning
6grievances, employee-employer disputes, wages, rates of pay,
7hours of employment, or conditions of work, but shall not
8include any organization which practices discrimination in
9membership because of race, color, creed, age, gender, national
10origin or political affiliation.
11    (d) "Exclusive representative" means the labor
12organization which has been designated by the Illinois
13Educational Labor Relations Board as the representative of the
14majority of educational employees in an appropriate unit, or
15recognized by an educational employer prior to January 1, 1984
16as the exclusive representative of the employees in an
17appropriate unit or, after January 1, 1984, recognized by an
18employer upon evidence that the employee organization has been
19designated as the exclusive representative by a majority of the
20employees in an appropriate unit.
21    (e) "Board" means the Illinois Educational Labor Relations
22Board.
23    (f) "Regional Superintendent" means the regional
24superintendent of schools provided for in Articles 3 and 3A of
25The School Code.
26    (g) "Supervisor" means any individual having authority in

 

 

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1the interests of the employer to hire, transfer, suspend, lay
2off, recall, promote, discharge, reward or discipline other
3employees within the appropriate bargaining unit and adjust
4their grievances, or to effectively recommend such action if
5the exercise of such authority is not of a merely routine or
6clerical nature but requires the use of independent judgment.
7The term "supervisor" includes only those individuals who
8devote a preponderance of their employment time to such
9exercising authority.
10    (h) "Unfair labor practice" or "unfair practice" means any
11practice prohibited by Section 14 of this Act.
12    (i) "Person" includes an individual, educational employee,
13educational employer, legal representative, or employee
14organization.
15    (j) "Wages" means salaries or other forms of compensation
16for services rendered.
17    (k) "Professional employee" means, in the case of a public
18community college, State college or university, State agency
19whose major function is providing educational services, the
20Illinois School for the Deaf, and the Illinois School for the
21Visually Impaired, (1) any employee engaged in work (i)
22predominantly intellectual and varied in character as opposed
23to routine mental, manual, mechanical, or physical work; (ii)
24involving the consistent exercise of discretion and judgment in
25its performance; (iii) of such character that the output
26produced or the result accomplished cannot be standardized in

 

 

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1relation to a given period of time; and (iv) requiring
2knowledge of an advanced type in a field of science or learning
3customarily acquired by a prolonged course of specialized
4intellectual instruction and study in an institution of higher
5learning or a hospital, as distinguished from a general
6academic education or from an apprenticeship or from training
7in the performance of routine mental, manual, or physical
8processes; or (2) any employee, who (i) has completed the
9courses of specialized intellectual instruction and study
10described in clause (iv) of paragraph (1) of this subsection,
11and (ii) is performing related work under the supervision of a
12professional person to qualify himself or herself to become a
13professional as defined in paragraph (l).
14    (l) "Professional employee" means, in the case of any
15public school district, or combination of school districts
16pursuant to joint agreement, any employee who has a certificate
17issued under Article 21 or Section 34-83 of the School Code, as
18now or hereafter amended.
19    (m) "Unit" or "bargaining unit" means any group of
20employees for which an exclusive representative is selected.
21    (n) "Confidential employee" means an employee, who (i) in
22the regular course of his or her duties, assists and acts in a
23confidential capacity to persons who formulate, determine and
24effectuate management policies with regard to labor relations
25or who (ii) in the regular course of his or her duties has
26access to information relating to the effectuation or review of

 

 

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1the employer's collective bargaining policies.
2    (o) "Managerial employee" means an individual who is
3engaged predominantly in executive and management functions
4and is charged with the responsibility of directing the
5effectuation of such management policies and practices.
6    (p) "Craft employee" means a skilled journeyman, craft
7person, and his or her apprentice or helper.
8    (q) "Short-term employee" is an employee who is employed
9for less than 2 consecutive calendar quarters during a calendar
10year and who does not have a reasonable expectation that he or
11she will be rehired by the same employer for the same service
12in a subsequent calendar year. Nothing in this subsection shall
13affect the employee status of individuals who were covered by a
14collective bargaining agreement on the effective date of this
15amendatory Act of 1991.
16(Source: P.A. 96-104, eff. 1-1-10; 97-429, eff. 8-16-11.)
 
17    (105 ILCS 5/3-14.28 rep.)
18    Section 10. The School Code is amended by repealing Section
193-14.28.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/2-3.25dfrom Ch. 122, par. 2-3.25d
4    105 ILCS 5/2-3.25e-5 new
5    105 ILCS 5/2-3.25ffrom Ch. 122, par. 2-3.25f
6    105 ILCS 5/2-3.25f-5 new
7    105 ILCS 5/2-3.25gfrom Ch. 122, par. 2-3.25g
8    105 ILCS 5/2-3.25hfrom Ch. 122, par. 2-3.25h
9    105 ILCS 5/10-10from Ch. 122, par. 10-10
10    115 ILCS 5/2from Ch. 48, par. 1702
11    105 ILCS 5/3-14.28 rep.