HB5537 EngrossedLRB098 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. At no one time may the State Board remove more than 4
13school boards and establish Independent Authorities pursuant
14to subsection (e) of this Section.
15    If the State Board proposes to direct the State
16Superintendent to remove a board from a district, board members
17shall receive individual written notice of the intended
18removal. Written notice must be provided at least 30 calendar
19days before a hearing is held by the State Board. This notice
20shall identify the basis for proposed removal.
21    Board members are entitled to a hearing, during which time
22each board member shall have the opportunity to respond
23individually, both orally and through written comments, to the
24basis laid out in the notice. Written comments must be
25submitted to the State Board on or before the hearing.
26    Board members are entitled to be represented by counsel at

 

 

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1the hearing, but counsel must not be paid with district funds,
2unless the State Board decides that the board will not be
3removed and then the board members may be reimbursed for all
4reasonable attorney's fees by the district.
5    The State Board shall make a final decision on removal
6immediately following the hearing or at its next regularly
7scheduled or special meeting. In no event may the decision be
8made later than the next regularly scheduled meeting.
9    The State Board shall issue a final written decision. If
10the State Board directs the State Superintendent to remove the
11board, the State Superintendent shall do so within 30 days
12after the written decision. Following the removal of the board,
13the State Superintendent shall establish an Independent
14Authority pursuant to subsection (e) of this Section.
15    If there is a financial oversight panel operating in the
16district pursuant to Article 1B or 1H of this Code, the State
17Board may, at its discretion, abolish the panel.
18    (d) The State Board may require priority districts, as
19defined in subsection (b-5) of Section 2-3.25f of this Code, to
20seek accreditation through an independent accreditation
21organization chosen by the State Board and paid for by the
22State. The State Board may direct the State Superintendent to
23remove board members pursuant to subsection (c) of this Section
24in any district in which the district is unable to obtain
25accreditation in whole or in part due to reasons specifically
26related to school board governance. When determining if a

 

 

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1district has failed to meet the standards for accreditation
2specifically related to school board governance, the
3accreditation entity shall take into account the overall
4academic, fiscal, and operational condition of the district and
5consider whether the board has failed to protect district
6assets, to direct sound administrative and academic policy, to
7abide by basic governance principles, including those set forth
8in district policies, and to conduct itself with
9professionalism and care and in a legally, ethically, and
10financially responsible manner. When considering if a board has
11failed in these areas, the accreditation entity shall consider
12some or all of the following factors:
13        (1) Failure to protect district assets by, without
14    limitation, incidents of fiscal fraud or misappropriation
15    of district funds; acts of neglecting the district's
16    building conditions; a failure to meet regularly
17    scheduled, payroll-period obligations when due; a failure
18    to abide by competitive bidding laws; a failure to prevent
19    an audit finding of material internal control weaknesses; a
20    failure to comply with required accounting principles; a
21    failure to develop and implement a comprehensive,
22    risk-management plan; a failure to provide financial
23    information or cooperate with the State Superintendent; or
24    a failure to file an annual financial report, an annual
25    budget, a deficit reduction plan, or other financial
26    information as required by law.

 

 

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1        (2) Failure to direct sound administrative and
2    academic policy by, without limitation, hiring staff who do
3    not meet minimal certification requirements for the
4    positions being filled or who do not meet the customary
5    qualifications held by those occupying similar positions
6    in other school districts; a failure to avoid conflicts of
7    interest as it relates to hiring or other contractual
8    obligations; a failure to provide minimum graduation
9    requirements and curricular requirements of the School
10    Code and regulations; a failure to provide a minimum school
11    term as required by law; or a failure to adopt and
12    implement policies and practices that promote conditions
13    that support student learning, effective instruction, and
14    assessment that produce equitable and challenging learning
15    experiences for all students.
16        (3) Failure to abide by basic governance principles by,
17    without limitation, a failure to comply with the mandated
18    oath of office; a failure to adopt and abide by sound local
19    governance policies; a failure to abide by the principle
20    that official action by the board occurs only through a
21    duly-called and legally conducted meeting of the board; a
22    failure to abide by majority decisions of the board; a
23    failure to protect the privacy of students; a failure to
24    ensure that board decisions and actions are in accordance
25    with defined roles and responsibilities; or a failure of
26    the board to protect, support, and respect the autonomy of

 

 

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1    a system to accomplish goals for improvement in student
2    learning and instruction and to manage day-to-day
3    operations of the school system and its schools, including
4    maintaining the distinction between the board's roles and
5    responsibilities and those of administrative leadership.
6        (4) Failure to conduct itself in a legally, ethically,
7    and financially responsible manner by, without limitation,
8    a failure to act in accordance with the Constitution of the
9    United States of America and the Constitution of the State
10    of Illinois and within the scope of State and federal laws;
11    laws, including a failure to comply with provisions of the
12    School Code, the Open Meetings Act, and the Freedom of
13    Information Act and federal and State laws that protect the
14    rights of protected categories of students; a failure to
15    comply with all district policies and procedures and all
16    State rules; or a failure to comply with the governmental
17    entities provisions of the State Officials and Employees
18    Ethics Act, including the gift ban and prohibited political
19    activities provisions.
20    (e) Upon removal of the board, the State Superintendent
21shall establish an Independent Authority. Upon establishment
22of an Independent Authority, there is established a body both
23corporate and politic to be known as the "(Name of the School
24District) Independent Authority", which in this name shall
25exercise all of the authority vested in an Independent
26Authority by this Section and by the name may sue and be sued

 

 

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1in all courts and places where judicial proceedings are had.
2    (f) Upon establishment of an Independent Authority under
3subsection (e) of this Section, the State Superintendent shall,
4within 30 working days thereafter and in consultation with
5State and locally elected officials, appoint 5 or 7 members to
6serve on an Independent Authority for the district. Members
7appointed to the Independent Authority shall serve at the
8pleasure of the State Superintendent. The State Superintendent
9shall designate one of the members of the Independent Authority
10to serve as its chairperson. In the event of vacancy or
11resignation, the State Superintendent shall, within 15 working
12days after receiving notice, appoint a successor to serve out
13that member's term. If the State Board has abolished a
14financial oversight panel pursuant to subsection (c) of this
15Section, the State Superintendent may appoint former members of
16the panel to the Independent Authority. These members may serve
17as part of the 5 or 7 members or may be appointed in addition to
18the 5 or 7 members, with the Independent Authority not to
19exceed 9 members in total.
20    Members of the Independent Authority must be selected
21primarily on the basis of their experience and knowledge in
22education policy and governance, with consideration given to
23persons knowledgeable in the operation of a school district. A
24member of the Independent Authority must be a registered voter
25as provided in the general election law, must not be a school
26trustee, and must not be a child sex offender as defined in

 

 

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1Section 11-9.3 of the Criminal Code of 2012. A majority of the
2members of the Independent Authority must be residents of the
3district that the Independent Authority serves. A member of the
4Independent Authority may not be an employee of the district,
5nor may a member have a direct financial interest in the
6district.
7    Independent Authority members may be reimbursed by the
8district for travel if they live more than 25 miles away from
9the district's headquarters and other necessary expenses
10incurred in the performance of their official duties. The
11amount reimbursed members for their expenses must be charged to
12the school district.
13    With the exception of the Chairperson, the Independent
14Authority may elect such officers as it deems appropriate.
15    The first meeting of the Independent Authority must be held
16at the call of the Chairperson. The Independent Authority shall
17prescribe the times and places for its meetings and the manner
18in which regular and special meetings may be called and shall
19comply with the Open Meetings Act.
20    All Independent Authority members must complete the
21training required of school board members under Section 10-16a
22of this Code.
23    (g) The purpose of the Independent Authority is to operate
24the district. The Independent Authority shall have all of the
25powers and duties of a board and all other powers necessary to
26meet its responsibilities and to carry out its purpose and the

 

 

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1purposes of this Section and that may be requisite or proper
2for the maintenance, operation, and development of any school
3or schools under the jurisdiction of the Independent Authority.
4This grant of powers does not release an Independent Authority
5from any duty imposed upon it by this Code or any other law.
6    The Independent Authority shall have no power to
7unilaterally cancel or modify any collective bargaining
8agreement in force upon the date of creation of the Independent
9Authority.
10    (h) The Independent Authority may prepare and file with the
11State Superintendent a proposal for emergency financial
12assistance for the school district and for the operations
13budget of the Independent Authority, in accordance with Section
141B-8 of this Code. A district may receive both a loan and a
15grant.
16    (i) An election for board members must not be held in a
17district upon the establishment of an Independent Authority and
18is suspended until the next regularly scheduled school board
19election that takes place no less than 2 years following the
20establishment of the Independent Authority. For this first
21election, 3 school board members must be elected to serve out
22terms of 4 years and until successors are elected and have
23qualified. Members of the Independent Authority are eligible to
24run for election in the district, provided that they meet all
25other eligibility requirements of Section 10-10 of this Code.
26Following this election, the school board shall consist of the

 

 

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1newly elected members and any remaining members of the
2Independent Authority. The majority of this board must be
3residents of the district. The State Superintendent must
4appoint new members who are residents to the Independent
5Authority if necessary to maintain this majority. At the next
6school board election, 4 school board members must be elected
7to serve out terms of 4 years and until successors are elected
8and have qualified. For purposes of these first 2 elections,
9the school board members must be elected at-large. In districts
10where board members were previously elected using an
11alternative format pursuant to Article 9 of this Code,
12following these first 2 elections, the voting shall
13automatically revert back to the original form. Following the
14election, any remaining Independent Authority members shall
15serve in the district as an oversight panel until such time as
16the district meets the governance standards necessary to
17achieve accreditation. If some or all of the Independent
18Authority members have been elected to the board, the State
19Superintendent may, in his or her discretion, appoint new
20members to the Independent Authority pursuant to subsection (f)
21of this Section. The school board shall get approval of all
22actions by the Independent Authority during the time the
23Independent Authority serves as an oversight panel.
24    Board members who were removed pursuant to subsection (c)
25of this Section are ineligible to run for school board in the
26district for 10 years following the abolition of the

 

 

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1Independent Authority pursuant to subsection (l) of this
2Section. However, board members who were removed pursuant to
3subsection (c) of this Section and were appointed to the
4Independent Authority by the State Superintendent are eligible
5to run for school board in the district.
6    (j) The Independent Authority, upon its members taking
7office and annually thereafter and upon request, shall prepare
8and submit to the State Superintendent a report on the state of
9the district, including without limitation the academic
10improvement and financial situation of the district. This
11report must be submitted annually on or before March 1 of each
12year. The State Superintendent shall provide copies of any and
13all reports to the regional office of education for the
14district and to the State Senator and Representative
15representing the area where the district is located.
16    (k) The district shall render such services to and permit
17the use of its facilities and resources by the Independent
18Authority at no charge as may be requested by the Independent
19Authority. Any State agency, unit of local government, or
20school district may, within its lawful powers and duties,
21render such services to the Independent Authority as may be
22requested by the Independent Authority.
23    (l) An Independent Authority must be abolished when the
24district, following the election of the full board, meets the
25governance standards necessary to achieve accreditation status
26by an independent accreditation agency chosen by the State

 

 

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1Board. The abolition of the Independent Authority shall be done
2by the State Board and take place within 30 days after the
3determination of the accreditation agency.
4    Upon abolition of the Independent Authority, all powers and
5duties allowed by this Code to be exercised by a school board
6shall be transferred to the elected school board.
7    (m) The Independent Authority must be indemnified through
8insurance purchased by the district. The district shall
9purchase insurance through which the Independent Authority is
10to be indemnified.
11    The district retains the duty to represent and to indemnify
12Independent Authority members following the abolition of the
13Independent Authority for any cause of action or remedy
14available against the Independent Authority, its members, its
15employees, or its agents for any right or claim existing or any
16liability incurred prior to the abolition.
17    The insurance shall indemnify and protect districts,
18Independent Authority members, employees, volunteer personnel
19authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of
20this Code, mentors of certified or licensed staff as authorized
21in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of
22this Code, and student teachers against civil rights damage
23claims and suits, constitutional rights damage claims and
24suits, and death and bodily injury and property damage claims
25and suits, including defense thereof, when damages are sought
26for negligent or wrongful acts alleged to have been committed

 

 

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1in the scope of employment, under the direction of the
2Independent Authority, or related to any mentoring services
3provided to certified or licensed staff of the district. Such
4indemnification and protection shall extend to persons who were
5members of an Independent Authority, employees of an
6Independent Authority, authorized volunteer personnel, mentors
7of certified or licensed staff, or student teachers at the time
8of the incident from which a claim arises. No agent may be
9afforded indemnification or protection unless he or she was a
10member of an Independent Authority, an employee of an
11Independent Authority, an authorized volunteer, a mentor of
12certified or licensed staff, or a student teacher at the time
13of the incident from which the claim arises.
14    (n) The State Board may adopt rules as may be necessary for
15the administration of this Section.
 
16    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
17    Sec. 2-3.25g. Waiver or modification of mandates within the
18School Code and administrative rules and regulations.
19    (a) In this Section:
20        "Board" means a school board or the governing board or
21    administrative district, as the case may be, for a joint
22    agreement.
23        "Eligible applicant" means a school district, joint
24    agreement made up of school districts, or regional
25    superintendent of schools on behalf of schools and programs

 

 

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1    operated by the regional office of education.
2        "Implementation date" has the meaning set forth in
3    Section 24A-2.5 of this Code.
4        "State Board" means the State Board of Education.
5    (b) Notwithstanding any other provisions of this School
6Code or any other law of this State to the contrary, eligible
7applicants may petition the State Board of Education for the
8waiver or modification of the mandates of this School Code or
9of the administrative rules and regulations promulgated by the
10State Board of Education. Waivers or modifications of
11administrative rules and regulations and modifications of
12mandates of this School Code may be requested when an eligible
13applicant demonstrates that it can address the intent of the
14rule or mandate in a more effective, efficient, or economical
15manner or when necessary to stimulate innovation or improve
16student performance. Waivers of mandates of the School Code may
17be requested when the waivers are necessary to stimulate
18innovation or improve student performance. Waivers may not be
19requested from laws, rules, and regulations pertaining to
20special education, teacher certification, teacher tenure and
21seniority, or Section 5-2.1 of this Code or from compliance
22with the No Child Left Behind Act of 2001 (Public Law 107-110).
23Eligible applicants may not seek a waiver or seek a
24modification of a mandate regarding the requirements for (i)
25student performance data to be a significant factor in teacher
26or principal evaluations or (ii) for teachers and principals to

 

 

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1be rated using the 4 categories of "excellent", "proficient",
2"needs improvement", or "unsatisfactory". On September 1,
32014, any previously authorized waiver or modification from
4such requirements shall terminate.
5    (c) Eligible applicants, as a matter of inherent managerial
6policy, and any Independent Authority established under
7Section 2-3.25f-5 of this Code 2-3.25f may submit an
8application for a waiver or modification authorized under this
9Section. Each application must include a written request by the
10eligible applicant or Independent Authority and must
11demonstrate that the intent of the mandate can be addressed in
12a more effective, efficient, or economical manner or be based
13upon a specific plan for improved student performance and
14school improvement. Any eligible applicant requesting a waiver
15or modification for the reason that intent of the mandate can
16be addressed in a more economical manner shall include in the
17application a fiscal analysis showing current expenditures on
18the mandate and projected savings resulting from the waiver or
19modification. Applications and plans developed by eligible
20applicants must be approved by the board or regional
21superintendent of schools applying on behalf of schools or
22programs operated by the regional office of education following
23a public hearing on the application and plan and the
24opportunity for the board or regional superintendent to hear
25testimony from staff directly involved in its implementation,
26parents, and students. The time period for such testimony shall

 

 

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1be separate from the time period established by the eligible
2applicant for public comment on other matters. If the applicant
3is a school district or joint agreement requesting a waiver or
4modification of Section 27-6 of this Code, the public hearing
5shall be held on a day other than the day on which a regular
6meeting of the board is held.
7    (c-5) If the applicant is a school district, then the
8district shall post information that sets forth the time, date,
9place, and general subject matter of the public hearing on its
10Internet website at least 14 days prior to the hearing. If the
11district is requesting to increase the fee charged for driver
12education authorized pursuant to Section 27-24.2 of this Code,
13the website information shall include the proposed amount of
14the fee the district will request. All school districts must
15publish a notice of the public hearing at least 7 days prior to
16the hearing in a newspaper of general circulation within the
17school district that sets forth the time, date, place, and
18general subject matter of the hearing. Districts requesting to
19increase the fee charged for driver education shall include in
20the published notice the proposed amount of the fee the
21district will request. If the applicant is a joint agreement or
22regional superintendent, then the joint agreement or regional
23superintendent shall post information that sets forth the time,
24date, place, and general subject matter of the public hearing
25on its Internet website at least 14 days prior to the hearing.
26If the joint agreement or regional superintendent is requesting

 

 

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1to increase the fee charged for driver education authorized
2pursuant to Section 27-24.2 of this Code, the website
3information shall include the proposed amount of the fee the
4applicant will request. All joint agreements and regional
5superintendents must publish a notice of the public hearing at
6least 7 days prior to the hearing in a newspaper of general
7circulation in each school district that is a member of the
8joint agreement or that is served by the educational service
9region that sets forth the time, date, place, and general
10subject matter of the hearing, provided that a notice appearing
11in a newspaper generally circulated in more than one school
12district shall be deemed to fulfill this requirement with
13respect to all of the affected districts. Joint agreements or
14regional superintendents requesting to increase the fee
15charged for driver education shall include in the published
16notice the proposed amount of the fee the applicant will
17request. The eligible applicant must notify in writing the
18affected exclusive collective bargaining agent and those State
19legislators representing the eligible applicant's territory of
20its intent to seek approval of a waiver or modification and of
21the hearing to be held to take testimony from staff. The
22affected exclusive collective bargaining agents shall be
23notified of such public hearing at least 7 days prior to the
24date of the hearing and shall be allowed to attend such public
25hearing. The eligible applicant shall attest to compliance with
26all of the notification and procedural requirements set forth

 

 

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1in this Section.
2    (d) A request for a waiver or modification of
3administrative rules and regulations or for a modification of
4mandates contained in this School Code shall be submitted to
5the State Board of Education within 15 days after approval by
6the board or regional superintendent of schools. The
7application as submitted to the State Board of Education shall
8include a description of the public hearing. Except with
9respect to contracting for adaptive driver education, an
10eligible applicant wishing to request a modification or waiver
11of administrative rules of the State Board of Education
12regarding contracting with a commercial driver training school
13to provide the course of study authorized under Section 27-24.2
14of this Code must provide evidence with its application that
15the commercial driver training school with which it will
16contract holds a license issued by the Secretary of State under
17Article IV of Chapter 6 of the Illinois Vehicle Code and that
18each instructor employed by the commercial driver training
19school to provide instruction to students served by the school
20district holds a valid teaching certificate or teaching
21license, as applicable, issued under the requirements of this
22Code and rules of the State Board of Education. Such evidence
23must include, but need not be limited to, a list of each
24instructor assigned to teach students served by the school
25district, which list shall include the instructor's name,
26personal identification number as required by the State Board

 

 

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1of Education, birth date, and driver's license number. If the
2modification or waiver is granted, then the eligible applicant
3shall notify the State Board of Education of any changes in the
4personnel providing instruction within 15 calendar days after
5an instructor leaves the program or a new instructor is hired.
6Such notification shall include the instructor's name,
7personal identification number as required by the State Board
8of Education, birth date, and driver's license number. If a
9school district maintains an Internet website, then the
10district shall post a copy of the final contract between the
11district and the commercial driver training school on the
12district's Internet website. If no Internet website exists,
13then the district shall make available the contract upon
14request. A record of all materials in relation to the
15application for contracting must be maintained by the school
16district and made available to parents and guardians upon
17request. The instructor's date of birth and driver's license
18number and any other personally identifying information as
19deemed by the federal Driver's Privacy Protection Act of 1994
20must be redacted from any public materials. Following receipt
21of the waiver or modification request, the State Board shall
22have 45 days to review the application and request. If the
23State Board fails to disapprove the application within that 45
24day period, the waiver or modification shall be deemed granted.
25The State Board may disapprove any request if it is not based
26upon sound educational practices, endangers the health or

 

 

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1safety of students or staff, compromises equal opportunities
2for learning, or fails to demonstrate that the intent of the
3rule or mandate can be addressed in a more effective,
4efficient, or economical manner or have improved student
5performance as a primary goal. Any request disapproved by the
6State Board may be appealed to the General Assembly by the
7eligible applicant as outlined in this Section.
8    A request for a waiver from mandates contained in this
9School Code shall be submitted to the State Board within 15
10days after approval by the board or regional superintendent of
11schools. The application as submitted to the State Board of
12Education shall include a description of the public hearing.
13The description shall include, but need not be limited to, the
14means of notice, the number of people in attendance, the number
15of people who spoke as proponents or opponents of the waiver, a
16brief description of their comments, and whether there were any
17written statements submitted. The State Board shall review the
18applications and requests for completeness and shall compile
19the requests in reports to be filed with the General Assembly.
20The State Board shall file reports outlining the waivers
21requested by eligible applicants and appeals by eligible
22applicants of requests disapproved by the State Board with the
23Senate and the House of Representatives before each March 1 and
24October 1. The General Assembly may disapprove the report of
25the State Board in whole or in part within 60 calendar days
26after each house of the General Assembly next convenes after

 

 

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1the report is filed by adoption of a resolution by a record
2vote of the majority of members elected in each house. If the
3General Assembly fails to disapprove any waiver request or
4appealed request within such 60 day period, the waiver or
5modification shall be deemed granted. Any resolution adopted by
6the General Assembly disapproving a report of the State Board
7in whole or in part shall be binding on the State Board.
8    (e) An approved waiver or modification (except a waiver
9from or modification to a physical education mandate) may
10remain in effect for a period not to exceed 5 school years and
11may be renewed upon application by the eligible applicant.
12However, such waiver or modification may be changed within that
135-year period by a board or regional superintendent of schools
14applying on behalf of schools or programs operated by the
15regional office of education following the procedure as set
16forth in this Section for the initial waiver or modification
17request. If neither the State Board of Education nor the
18General Assembly disapproves, the change is deemed granted.
19    An approved waiver from or modification to a physical
20education mandate may remain in effect for a period not to
21exceed 2 school years and may be renewed no more than 2 times
22upon application by the eligible applicant. An approved waiver
23from or modification to a physical education mandate may be
24changed within the 2-year period by the board or regional
25superintendent of schools, whichever is applicable, following
26the procedure set forth in this Section for the initial waiver

 

 

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1or modification request. If neither the State Board of
2Education nor the General Assembly disapproves, the change is
3deemed granted.
4    (f) (Blank).
5(Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14.)
 
6    (105 ILCS 5/2-3.25h)  (from Ch. 122, par. 2-3.25h)
7    Sec. 2-3.25h. Technical assistance; State support
8services. Schools, school districts, local school councils,
9school improvement panels, and any Independent Authority
10established under Section 2-3.25f-5 of this Code 2-3.25f may
11receive technical assistance that the State Board of Education
12shall make available. Such technical assistance shall include
13without limitation assistance in the areas of curriculum
14evaluation, the instructional process, student performance,
15school environment, staff effectiveness, school and community
16relations, parental involvement, resource management,
17leadership, data analysis processes and tools, school
18improvement plan guidance and feedback, information regarding
19scientifically based research-proven curriculum and
20instruction, and professional development opportunities for
21teachers and administrators.
22(Source: P.A. 93-470, eff. 8-8-03.)
 
23    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
24    Sec. 10-10. Board of education; term; vacancy. All school

 

 

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1districts having a population of not fewer than 1,000 and not
2more than 500,000 inhabitants, as ascertained by any special or
3general census, and not governed by special Acts, shall be
4governed by a board of education consisting of 7 members,
5serving without compensation except as herein provided. Each
6member shall be elected for a term of 4 years for the initial
7members of the board of education of a combined school district
8to which that subsection applies. If 5 members are elected in
91983 pursuant to the extension of terms provided by law for
10transition to the consolidated election schedule under the
11general election law, 2 of those members shall be elected to
12serve terms of 2 years and 3 shall be elected to serve terms of
134 years; their successors shall serve for a 4 year term. When
14the voters of a district have voted to elect members of the
15board of education for 6 year terms, as provided in Section
169-5, the terms of office of members of the board of education
17of that district expire when their successors assume office but
18not later than 7 days after such election. If at the regular
19school election held in the first odd-numbered year after the
20determination to elect members for 6 year terms 2 members are
21elected, they shall serve for a 6 year term; and of the members
22elected at the next regular school election 3 shall serve for a
23term of 6 years and 2 shall serve a term of 2 years. Thereafter
24members elected in such districts shall be elected to a 6 year
25term. If at the regular school election held in the first
26odd-numbered year after the determination to elect members for

 

 

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16 year terms 3 members are elected, they shall serve for a 6
2year term; and of the members elected at the next regular
3school election 2 shall serve for a term of 2 years and 2 shall
4serve for a term of 6 years. Thereafter members elected in such
5districts shall be elected to a 6 year term. If at the regular
6school election held in the first odd-numbered year after the
7determination to elect members for 6 year terms 4 members are
8elected, 3 shall serve for a term of 6 years and one shall
9serve for a term of 2 years; and of the members elected at the
10next regular school election 2 shall serve for terms of 6 years
11and 2 shall serve for terms of 2 years. Thereafter members
12elected in such districts shall be elected to a 6 year term. If
13at the regular school election held in the first odd-numbered
14year after the determination to elect members for a 6 year term
155 members are elected, 3 shall serve for a term of 6 years and 2
16shall serve for a term of 2 years; and of the members elected
17at the next regular school election 2 shall serve for terms of
186 years and 2 shall serve for terms of 2 years. Thereafter
19members elected in such districts shall be elected to a 6 year
20term. An election for board members shall not be held in school
21districts which by consolidation, annexation or otherwise
22shall cease to exist as a school district within 6 months after
23the election date, and the term of all board members which
24would otherwise terminate shall be continued until such
25district shall cease to exist. Each member, on the date of his
26or her election, shall be a citizen of the United States of the

 

 

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1age of 18 years or over, shall be a resident of the State and
2the territory of the district for at least one year immediately
3preceding his or her election, shall be a registered voter as
4provided in the general election law, shall not be a school
5trustee, must not have been removed from a school board
6pursuant to Section 2-3.25f-5 of this Code (unless subsequently
7appointed as a member of an Independent Authority or if it has
8been 10 years since the abolition of the Independent Authority
9in the district), and shall not be a child sex offender as
10defined in Section 11-9.3 of the Criminal Code of 2012. When
11the board of education is the successor of the school
12directors, all rights of property, and all rights regarding
13causes of action existing or vested in such directors, shall
14vest in it as fully as they were vested in the school
15directors. Terms of members are subject to Section 2A-54 of the
16Election Code.
17    Nomination papers filed under this Section are not valid
18unless the candidate named therein files with the county clerk
19or the county board of election commissioners, as the case may
20be, of the county in which the principal office of the school
21district is located a receipt from the county clerk showing
22that the candidate has filed a statement of economic interests
23as required by the Illinois Governmental Ethics Act. Such
24receipt shall be so filed either previously during the calendar
25year in which his nomination papers were filed or within the
26period for the filing of nomination papers in accordance with

 

 

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1the general election law.
2    Whenever a vacancy occurs, the remaining members shall
3notify the regional superintendent of that vacancy within 5
4days after its occurrence and shall proceed to fill the vacancy
5until the next regular school election, at which election a
6successor shall be elected to serve the remainder of the
7unexpired term. However, if the vacancy occurs with less than
8868 days remaining in the term, or if the vacancy occurs less
9than 88 days before the next regularly scheduled election for
10this office then the person so appointed shall serve the
11remainder of the unexpired term, and no election to fill the
12vacancy shall be held. Should they fail so to act, within 45
13days after the vacancy occurs, the regional superintendent of
14schools under whose supervision and control the district is
15operating, as defined in Section 3-14.2 of this Act, shall
16within 30 days after the remaining members have failed to fill
17the vacancy, fill the vacancy as provided for herein. Upon the
18regional superintendent's failure to fill the vacancy, the
19vacancy shall be filled at the next regularly scheduled
20election. Whether elected or appointed by the remaining members
21or regional superintendent, the successor shall be an
22inhabitant of the particular area from which his or her
23predecessor was elected if the residential requirements
24contained in Section 10-10.5 or 12-2 of this Code apply.
25    A board of education may appoint a student to the board to
26serve in an advisory capacity. The student member shall serve

 

 

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1for a term as determined by the board. The board may not grant
2the student member any voting privileges, but shall consider
3the student member as an advisor. The student member may not
4participate in or attend any executive session of the board.
5(Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13.)
 
6    Section 7. The Illinois Educational Labor Relations Act is
7amended by changing Section 2 as follows:
 
8    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
9    Sec. 2. Definitions. As used in this Act:
10    (a) "Educational employer" or "employer" means the
11governing body of a public school district, including the
12governing body of a charter school established under Article
1327A of the School Code or of a contract school or contract
14turnaround school established under paragraph 30 of Section
1534-18 of the School Code, combination of public school
16districts, including the governing body of joint agreements of
17any type formed by 2 or more school districts, public community
18college district or State college or university, a
19subcontractor of instructional services of a school district
20(other than a school district organized under Article 34 of the
21School Code), combination of school districts, charter school
22established under Article 27A of the School Code, or contract
23school or contract turnaround school established under
24paragraph 30 of Section 34-18 of the School Code, an

 

 

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1Independent Authority created under Section 2-3.25f-5 of the
2School Code, and any State agency whose major function is
3providing educational services. "Educational employer" or
4"employer" does not include (1) a Financial Oversight Panel
5created pursuant to Section 1A-8 of the School Code due to a
6district violating a financial plan or (2) an approved
7nonpublic special education facility that contracts with a
8school district or combination of school districts to provide
9special education services pursuant to Section 14-7.02 of the
10School Code, but does include a School Finance Authority
11created under Article 1E or 1F of the School Code and a
12Financial Oversight Panel created under Article 1B or 1H of the
13School Code. The change made by this amendatory Act of the 96th
14General Assembly to this paragraph (a) to make clear that the
15governing body of a charter school is an "educational employer"
16is declaratory of existing law.
17    (b) "Educational employee" or "employee" means any
18individual, excluding supervisors, managerial, confidential,
19short term employees, student, and part-time academic
20employees of community colleges employed full or part time by
21an educational employer, but shall not include elected
22officials and appointees of the Governor with the advice and
23consent of the Senate, firefighters as defined by subsection
24(g-1) of Section 3 of the Illinois Public Labor Relations Act,
25and peace officers employed by a State university. For the
26purposes of this Act, part-time academic employees of community

 

 

HB5537 Engrossed- 43 -LRB098 19361 NHT 54514 b

1colleges shall be defined as those employees who provide less
2than 3 credit hours of instruction per academic semester. In
3this subsection (b), the term "student" includes graduate
4students who are research assistants primarily performing
5duties that involve research or graduate assistants primarily
6performing duties that are pre-professional, but excludes
7graduate students who are teaching assistants primarily
8performing duties that involve the delivery and support of
9instruction and all other graduate assistants.
10    (c) "Employee organization" or "labor organization" means
11an organization of any kind in which membership includes
12educational employees, and which exists for the purpose, in
13whole or in part, of dealing with employers concerning
14grievances, employee-employer disputes, wages, rates of pay,
15hours of employment, or conditions of work, but shall not
16include any organization which practices discrimination in
17membership because of race, color, creed, age, gender, national
18origin or political affiliation.
19    (d) "Exclusive representative" means the labor
20organization which has been designated by the Illinois
21Educational Labor Relations Board as the representative of the
22majority of educational employees in an appropriate unit, or
23recognized by an educational employer prior to January 1, 1984
24as the exclusive representative of the employees in an
25appropriate unit or, after January 1, 1984, recognized by an
26employer upon evidence that the employee organization has been

 

 

HB5537 Engrossed- 44 -LRB098 19361 NHT 54514 b

1designated as the exclusive representative by a majority of the
2employees in an appropriate unit.
3    (e) "Board" means the Illinois Educational Labor Relations
4Board.
5    (f) "Regional Superintendent" means the regional
6superintendent of schools provided for in Articles 3 and 3A of
7The School Code.
8    (g) "Supervisor" means any individual having authority in
9the interests of the employer to hire, transfer, suspend, lay
10off, recall, promote, discharge, reward or discipline other
11employees within the appropriate bargaining unit and adjust
12their grievances, or to effectively recommend such action if
13the exercise of such authority is not of a merely routine or
14clerical nature but requires the use of independent judgment.
15The term "supervisor" includes only those individuals who
16devote a preponderance of their employment time to such
17exercising authority.
18    (h) "Unfair labor practice" or "unfair practice" means any
19practice prohibited by Section 14 of this Act.
20    (i) "Person" includes an individual, educational employee,
21educational employer, legal representative, or employee
22organization.
23    (j) "Wages" means salaries or other forms of compensation
24for services rendered.
25    (k) "Professional employee" means, in the case of a public
26community college, State college or university, State agency

 

 

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1whose major function is providing educational services, the
2Illinois School for the Deaf, and the Illinois School for the
3Visually Impaired, (1) any employee engaged in work (i)
4predominantly intellectual and varied in character as opposed
5to routine mental, manual, mechanical, or physical work; (ii)
6involving the consistent exercise of discretion and judgment in
7its performance; (iii) of such character that the output
8produced or the result accomplished cannot be standardized in
9relation to a given period of time; and (iv) requiring
10knowledge of an advanced type in a field of science or learning
11customarily acquired by a prolonged course of specialized
12intellectual instruction and study in an institution of higher
13learning or a hospital, as distinguished from a general
14academic education or from an apprenticeship or from training
15in the performance of routine mental, manual, or physical
16processes; or (2) any employee, who (i) has completed the
17courses of specialized intellectual instruction and study
18described in clause (iv) of paragraph (1) of this subsection,
19and (ii) is performing related work under the supervision of a
20professional person to qualify himself or herself to become a
21professional as defined in paragraph (l).
22    (l) "Professional employee" means, in the case of any
23public school district, or combination of school districts
24pursuant to joint agreement, any employee who has a certificate
25issued under Article 21 or Section 34-83 of the School Code, as
26now or hereafter amended.

 

 

HB5537 Engrossed- 46 -LRB098 19361 NHT 54514 b

1    (m) "Unit" or "bargaining unit" means any group of
2employees for which an exclusive representative is selected.
3    (n) "Confidential employee" means an employee, who (i) in
4the regular course of his or her duties, assists and acts in a
5confidential capacity to persons who formulate, determine and
6effectuate management policies with regard to labor relations
7or who (ii) in the regular course of his or her duties has
8access to information relating to the effectuation or review of
9the employer's collective bargaining policies.
10    (o) "Managerial employee" means an individual who is
11engaged predominantly in executive and management functions
12and is charged with the responsibility of directing the
13effectuation of such management policies and practices.
14    (p) "Craft employee" means a skilled journeyman, craft
15person, and his or her apprentice or helper.
16    (q) "Short-term employee" is an employee who is employed
17for less than 2 consecutive calendar quarters during a calendar
18year and who does not have a reasonable expectation that he or
19she will be rehired by the same employer for the same service
20in a subsequent calendar year. Nothing in this subsection shall
21affect the employee status of individuals who were covered by a
22collective bargaining agreement on the effective date of this
23amendatory Act of 1991.
24(Source: P.A. 96-104, eff. 1-1-10; 97-429, eff. 8-16-11.)
 
25    (105 ILCS 5/3-14.28 rep.)

 

 

HB5537 Engrossed- 47 -LRB098 19361 NHT 54514 b

1    Section 10. The School Code is amended by repealing Section
23-14.28.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.

 

 

HB5537 Engrossed- 48 -LRB098 19361 NHT 54514 b

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.