Full Text of SB2821 103rd General Assembly
SB2821 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2821 Introduced 1/19/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/34-8.1 | from Ch. 122, par. 34-8.1 | 105 ILCS 5/34-18 | from Ch. 122, par. 34-18 | 105 ILCS 5/34-21.3 | from Ch. 122, par. 34-21.3 | 105 ILCS 5/34-49 | from Ch. 122, par. 34-49 |
| Amends the Chicago School District Article of the School Code. Provides that the Chicago Board of Education may not contract with a third party on or after the effective date of the amendatory Act for services relating to custodial, dietary, or daily maintenance of a district facility. Makes conforming changes. |
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 34-8.1, 34-18, 34-21.3, and 34-49 as follows: | 6 | | (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1) | 7 | | Sec. 34-8.1. Principals. Principals shall be employed to | 8 | | supervise the operation of each attendance center. Their | 9 | | powers and duties shall include but not be limited to the | 10 | | authority (i) to direct, supervise, evaluate, and suspend with | 11 | | or without pay or otherwise discipline all teachers, assistant | 12 | | principals, and other employees assigned to the attendance | 13 | | center in accordance with board rules and policies and (ii) to | 14 | | direct all other persons assigned to the attendance center | 15 | | pursuant to a contract with a third party to provide services | 16 | | to the school system. The right to employ, discharge, and | 17 | | layoff shall be vested solely with the board, provided that | 18 | | decisions to discharge or suspend nonlicensed employees, | 19 | | including disciplinary layoffs, and the termination of | 20 | | licensed employees from employment pursuant to a layoff or | 21 | | reassignment policy are subject to review under the grievance | 22 | | resolution procedure adopted pursuant to subsection (c) of | 23 | | Section 10 of the Illinois Educational Labor Relations Act. |
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| 1 | | The grievance resolution procedure adopted by the board shall | 2 | | provide for final and binding arbitration, and, | 3 | | notwithstanding any other provision of law to the contrary, | 4 | | the arbitrator's decision may include all make-whole relief, | 5 | | including without limitation reinstatement. The principal | 6 | | shall fill positions by appointment as provided in this | 7 | | Section and may make recommendations to the board regarding | 8 | | the employment, discharge, or layoff of any individual. The | 9 | | authority of the principal shall include the authority to | 10 | | direct the hours during which the attendance center shall be | 11 | | open and available for use provided the use complies with | 12 | | board rules and policies, to determine when and what | 13 | | operations shall be conducted within those hours, and to | 14 | | schedule staff within those hours. Under the direction of, and | 15 | | subject to the authority of the principal, the Engineer In | 16 | | Charge shall be accountable for the safe, economical operation | 17 | | of the plant and grounds and shall also be responsible for | 18 | | orientation, training, and supervising the work of Engineers, | 19 | | Trainees, school maintenance assistants, custodial workers and | 20 | | other plant operation employees under his or her direction. | 21 | | There shall be established by the board a system of | 22 | | semi-annual evaluations conducted by the principal as to | 23 | | performance of the engineer in charge. Nothing in this Section | 24 | | shall prevent the principal from conducting additional | 25 | | evaluations. An overall numerical rating shall be given by the | 26 | | principal based on the evaluation conducted by the principal. |
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| 1 | | An unsatisfactory numerical rating shall result in | 2 | | disciplinary action, which may include, without limitation and | 3 | | in the judgment of the principal, loss of promotion or bidding | 4 | | procedure, reprimand, suspension with or without pay, or | 5 | | recommended dismissal. The board shall establish procedures | 6 | | for conducting the evaluation and reporting the results to the | 7 | | engineer in charge. | 8 | | Under the direction of, and subject to the authority of, | 9 | | the principal, the Food Service Manager is responsible at all | 10 | | times for the proper operation and maintenance of the lunch | 11 | | room to which he is assigned and shall also be responsible for | 12 | | the orientation, training, and supervising the work of cooks, | 13 | | bakers, porters, and lunchroom attendants under his or her | 14 | | direction. | 15 | | There shall be established by the Board a system of | 16 | | semi-annual evaluations conducted by the principal as to the | 17 | | performance of the food service manager. Nothing in this | 18 | | Section shall prevent the principal from conducting additional | 19 | | evaluations. An overall numerical rating shall be given by the | 20 | | principal based on the evaluation conducted by the principal. | 21 | | An unsatisfactory numerical rating shall result in | 22 | | disciplinary action which may include, without limitation and | 23 | | in the judgment of the principal, loss of promotion or bidding | 24 | | procedure, reprimand, suspension with or without pay, or | 25 | | recommended dismissal. The board shall establish rules for | 26 | | conducting the evaluation and reporting the results to the |
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| 1 | | food service manager. | 2 | | Nothing in this Section shall be interpreted to require | 3 | | the employment or assignment of an Engineer-In-Charge or a | 4 | | Food Service Manager for each attendance center. | 5 | | Principals shall be employed to supervise the educational | 6 | | operation of each attendance center. If a principal is absent | 7 | | due to extended illness or leave of absence, an assistant | 8 | | principal may be assigned as acting principal for a period not | 9 | | to exceed 100 school days. Each principal shall assume | 10 | | administrative responsibility and instructional leadership, in | 11 | | accordance with reasonable rules and regulations of the board, | 12 | | for the planning, operation and evaluation of the educational | 13 | | program of the attendance center to which he is assigned. The | 14 | | principal shall submit recommendations to the general | 15 | | superintendent concerning the appointment, dismissal, | 16 | | retention, promotion, and assignment of all personnel assigned | 17 | | to the attendance center; provided, that from and after | 18 | | September 1, 1989: (i) if any vacancy occurs in a position at | 19 | | the attendance center or if an additional or new position is | 20 | | created at the attendance center, that position shall be | 21 | | filled by appointment made by the principal in accordance with | 22 | | procedures established and provided by the Board whenever the | 23 | | majority of the duties included in that position are to be | 24 | | performed at the attendance center which is under the | 25 | | principal's supervision, and each such appointment so made by | 26 | | the principal shall be made and based upon merit and ability to |
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| 1 | | perform in that position without regard to seniority or length | 2 | | of service, provided, that such appointments shall be subject | 3 | | to the Board's desegregation obligations, including but not | 4 | | limited to the Consent Decree and Desegregation Plan in U.S. | 5 | | v. Chicago Board of Education; (ii) the principal shall submit | 6 | | recommendations based upon merit and ability to perform in the | 7 | | particular position, without regard to seniority or length of | 8 | | service, to the general superintendent concerning the | 9 | | appointment of any teacher, teacher aide, counselor, clerk, | 10 | | hall guard, security guard and any other personnel which is to | 11 | | be made by the general superintendent whenever less than a | 12 | | majority of the duties of that teacher, teacher aide, | 13 | | counselor, clerk, hall guard, and security guard and any other | 14 | | personnel are to be performed at the attendance center which | 15 | | is under the principal's supervision; and (iii) subject to law | 16 | | and the applicable collective bargaining agreements, the | 17 | | authority and responsibilities of a principal with respect to | 18 | | the evaluation of all teachers and other personnel assigned to | 19 | | an attendance center shall commence immediately upon his or | 20 | | her appointment as principal of the attendance center, without | 21 | | regard to the length of time that he or she has been the | 22 | | principal of that attendance center. | 23 | | Notwithstanding the existence of any other law of this | 24 | | State, nothing in this Code, other than any prohibition under | 25 | | paragraph 30 of Section 34-18, Act shall prevent the board | 26 | | from entering into a contract with a third party for services |
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| 1 | | currently performed by any employee or bargaining unit member. | 2 | | Notwithstanding any other provision of this Article, each | 3 | | principal may approve contracts, binding on the board, in the | 4 | | amount of no more than $10,000, if the contract is endorsed by | 5 | | the Local School Council. | 6 | | Unless otherwise prohibited by law or by rule of the | 7 | | board, the principal shall provide to local school council | 8 | | members copies of all internal audits and any other pertinent | 9 | | information generated by any audits or reviews of the programs | 10 | | and operation of the attendance center. | 11 | | Each principal shall hold a valid Professional Educator | 12 | | License issued in accordance with Article 21B and endorsed as | 13 | | required by that Article for the position of principal. The | 14 | | board may establish or impose clear, specific, explicit, and | 15 | | objective academic, educational, examination, and experience | 16 | | requirements and criteria that are in addition to those | 17 | | established and required by Article 21B for issuance of a | 18 | | valid license endorsed for the position of principal as a | 19 | | condition of the nomination, selection, appointment, | 20 | | employment, or continued employment of a person as principal | 21 | | of any attendance center or as a condition of the renewal of | 22 | | any principal's performance contract. If the additional | 23 | | requirements and criteria result or may result in the | 24 | | exclusion of an otherwise qualified and licensed candidate | 25 | | from being eligible for selection to serve as a principal of an | 26 | | attendance center, then the board shall maintain a public |
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| 1 | | database that includes the names of all the candidates who are | 2 | | eligible to be selected as a principal and who do not choose to | 3 | | not have their name included in the database. The board shall | 4 | | give notice of no less than 30 days to all otherwise qualified | 5 | | and licensed candidates each quarter of their ability to be | 6 | | included in the database and shall make updates to the | 7 | | database within no more than 10 days after the end of the | 8 | | quarter for which notice is given. | 9 | | The board must establish standards and procedures to | 10 | | ensure that no candidate is deemed ineligible to be selected | 11 | | as a principal for reasons that are not directly related to the | 12 | | candidate's anticipated performance as a principal. The | 13 | | standards and procedures established by the board must do all | 14 | | of the following: | 15 | | (1) Set forth all of the specific criteria used by the | 16 | | board to make decisions concerning the eligibility of | 17 | | candidates. | 18 | | (2) Provide each candidate with a written, | 19 | | competency-aligned score report and evidence-based | 20 | | rationale related to the scoring criteria for each | 21 | | competency area. | 22 | | (3) Provide remediation goals and other supportive | 23 | | services to assist a candidate in correcting any | 24 | | deficiencies identified by the board in the board's | 25 | | rationale. | 26 | | (4) Include provisions to ensure that no person is |
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| 1 | | discriminated against on the basis of conscious or | 2 | | implicit biases associated with race, color, national | 3 | | origin, or a disability that is unrelated to the person's | 4 | | ability to perform the duties of a principal. | 5 | | The board, in cooperation with the organization that | 6 | | represents the district's principals and assistant principals, | 7 | | must establish a grievance and hearing procedure for those | 8 | | candidates the general superintendent or the general | 9 | | superintendent's designee has deemed ineligible to serve as | 10 | | principal of an attendance center or whose eligibility has | 11 | | been slated for revocation. The evaluator must be a State | 12 | | Board of Education-trained principal evaluator or must receive | 13 | | such training before rendering a decision. The hearing officer | 14 | | must receive sufficient training in principal evaluation | 15 | | processes and criteria to render an informed decision. | 16 | | Within 10 days after the general superintendent or the | 17 | | general superintendent's designee determines that a candidate | 18 | | is ineligible or makes a decision to revoke the eligibility of | 19 | | an administrator, the general superintendent or the general | 20 | | superintendent's designee must notify the candidate or | 21 | | administrator, in writing, of the specific reasons for the | 22 | | general superintendent's or the general superintendent's | 23 | | designee's determination of the candidate's or administrator's | 24 | | ineligibility. Within 30 days after receiving this | 25 | | notification, the candidate or administrator may request that | 26 | | the general superintendent or the general superintendent's |
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| 1 | | designee initiate a review of the decision through the | 2 | | grievance and hearing process established pursuant to this | 3 | | Section. | 4 | | In the case of a principal who is deemed ineligible based | 5 | | on a performance evaluation, the evaluator conducting the | 6 | | review must consider as evidence of the principal's | 7 | | performance any local school council evaluation that covers | 8 | | the same evaluation period. If a decision to revoke | 9 | | eligibility is grieved, the administrator shall remain on the | 10 | | eligibility list until the administrator receives a decision | 11 | | in the grievance. However, prior to any hiring decision, the | 12 | | board may communicate to any local school council that the | 13 | | administrator has a grievance pending while the grievance is | 14 | | pending. The grievance decision shall be binding on the | 15 | | principal and the board. | 16 | | If performance evaluations are included in the criteria | 17 | | used by the board in determining that a principal is no longer | 18 | | eligible to seek a principal position at an attendance center, | 19 | | the board's criteria must use the standard of either an | 20 | | unsatisfactory summative evaluation or 2 or more basic or | 21 | | lower summative performance evaluations within a period of 7 | 22 | | school years, except as provided below in the case of a | 23 | | principal who is in his or her first principal position. A | 24 | | principal with summative performance evaluations of basic in | 25 | | the principal's first 2 school years in that role shall not | 26 | | impact a principal's eligibility status if the principal earns |
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| 1 | | an increased numerical rating in at least one competency | 2 | | domain while maintaining ratings on all other competency | 3 | | domains in the school year immediately following the basic | 4 | | rating. A principal who is deemed ineligible based on a | 5 | | performance evaluation may request that the general | 6 | | superintendent review that determination under the grievance | 7 | | procedure, in which case the general superintendent's designee | 8 | | must be a State Board of Education-trained principal | 9 | | evaluator, and, in conducting that review, the general | 10 | | superintendent's designee must consider any local school | 11 | | council evaluation that covers the same evaluation period. If | 12 | | an individual evaluator rates an individual principal as | 13 | | unsatisfactory for the first time, the board may not determine | 14 | | that a principal is no longer eligible to serve as a principal | 15 | | based on performance evaluations from that evaluator if, | 16 | | during the same school term of service, the local school | 17 | | council's evaluation of the principal's performance was | 18 | | distinguished. If a principal has been deemed ineligible based | 19 | | on a performance evaluation, the principal's status is | 20 | | restored to eligible when the principal receives a proficient | 21 | | or higher summative performance evaluation rating, provided | 22 | | the principal meets all other criteria for eligibility. | 23 | | The board shall specify in its formal job description for | 24 | | principals, and from and after July 1, 1990 shall specify in | 25 | | the 4 year performance contracts for use with respect to all | 26 | | principals, that his or her primary responsibility is in the |
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| 1 | | improvement of instruction. A majority of the time spent by a | 2 | | principal shall be spent on curriculum and staff development | 3 | | through both formal and informal activities, establishing | 4 | | clear lines of communication regarding school goals, | 5 | | accomplishments, practices and policies with parents and | 6 | | teachers. The principal, with the assistance of the local | 7 | | school council, shall develop a school improvement plan as | 8 | | provided in Section 34-2.4 and, upon approval of the plan by | 9 | | the local school council, shall be responsible for directing | 10 | | implementation of the plan. The principal, with the assistance | 11 | | of the professional personnel leadership committee, shall | 12 | | develop the specific methods and contents of the school's | 13 | | curriculum within the board's system-wide curriculum standards | 14 | | and objectives and the requirements of the school improvement | 15 | | plan. The board shall ensure that all principals are evaluated | 16 | | on their instructional leadership ability and their ability to | 17 | | maintain a positive education and learning climate. It shall | 18 | | also be the responsibility of the principal to utilize | 19 | | resources of proper law enforcement agencies when the safety | 20 | | and welfare of students and teachers are threatened by illegal | 21 | | use of drugs and alcohol, by illegal use or possession of | 22 | | weapons, or by illegal gang activity. | 23 | | Nothing in this Section shall prohibit the board and the | 24 | | exclusive representative of the district's teachers from | 25 | | entering into an agreement under Section 34-85c of this Code | 26 | | to establish alternative procedures for teacher evaluation, |
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| 1 | | remediation, and removal for cause after remediation, | 2 | | including an alternative system for peer evaluation and | 3 | | recommendations, for teachers assigned to schools identified | 4 | | in that agreement. | 5 | | On or before October 1, 1989, the Board of Education, in | 6 | | consultation with any professional organization representing | 7 | | principals in the district, shall promulgate rules and | 8 | | implement a lottery for the purpose of determining whether a | 9 | | principal's existing performance contract (including the | 10 | | performance contract applicable to any principal's position in | 11 | | which a vacancy then exists) expires on June 30, 1990 or on | 12 | | June 30, 1991, and whether the ensuing 4 year performance | 13 | | contract begins on July 1, 1990 or July 1, 1991. The Board of | 14 | | Education shall establish and conduct the lottery in such | 15 | | manner that of all the performance contracts of principals | 16 | | (including the performance contracts applicable to all | 17 | | principal positions in which a vacancy then exists), 50% of | 18 | | such contracts shall expire on June 30, 1990, and 50% shall | 19 | | expire on June 30, 1991. All persons serving as principal on | 20 | | May 1, 1989, and all persons appointed as principal after May | 21 | | 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner | 22 | | other than as provided by Section 34-2.3, shall be deemed by | 23 | | operation of law to be serving under a performance contract | 24 | | which expires on June 30, 1990 or June 30, 1991; and unless | 25 | | such performance contract of any such principal is renewed (or | 26 | | such person is again appointed to serve as principal) in the |
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| 1 | | manner provided by Section 34-2.2 or 34-2.3, the employment of | 2 | | such person as principal shall terminate on June 30, 1990 or | 3 | | June 30, 1991. | 4 | | Commencing on July 1, 1990, or on July 1, 1991, and | 5 | | thereafter, the principal of each attendance center shall be | 6 | | the person selected in the manner provided by Section 34-2.3 | 7 | | to serve as principal of that attendance center under a 4 year | 8 | | performance contract. All performance contracts of principals | 9 | | expiring after July 1, 1990, or July 1, 1991, shall commence on | 10 | | the date specified in the contract, and the renewal of their | 11 | | performance contracts and the appointment of principals when | 12 | | their performance contracts are not renewed shall be governed | 13 | | by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the | 14 | | office of a principal occurs for any reason, the vacancy shall | 15 | | be filled by the selection of a new principal to serve under a | 16 | | 4 year performance contract in the manner provided by Section | 17 | | 34-2.3. | 18 | | The board of education shall develop and prepare, in | 19 | | consultation with the organization representing principals, a | 20 | | performance contract for use at all attendance centers, and | 21 | | shall furnish the same to each local school council. The term | 22 | | of the performance contract shall be 4 years, unless the | 23 | | principal is retained by the decision of a hearing officer | 24 | | pursuant to subdivision 1.5 of Section 34-2.3, in which case | 25 | | the contract shall be extended for 2 years. The performance | 26 | | contract of each principal shall consist of the uniform |
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| 1 | | performance contract, as developed or from time to time | 2 | | modified by the board, and such additional criteria as are | 3 | | established by a local school council pursuant to Section | 4 | | 34-2.3 for the performance contract of its principal. | 5 | | During the term of his or her performance contract, a | 6 | | principal may be removed only as provided for in the | 7 | | performance contract except for cause. He or she shall also be | 8 | | obliged to follow the rules of the board of education | 9 | | concerning conduct and efficiency. | 10 | | In the event the performance contract of a principal is | 11 | | not renewed or a principal is not reappointed as principal | 12 | | under a new performance contract, or in the event a principal | 13 | | is appointed to any position of superintendent or higher | 14 | | position, or voluntarily resigns his position of principal, | 15 | | his or her employment as a principal shall terminate and such | 16 | | former principal shall not be reinstated to the position from | 17 | | which he or she was promoted to principal, except that he or | 18 | | she, if otherwise qualified and licensed in accordance with | 19 | | Article 21B, shall be placed by the board on appropriate | 20 | | eligibility lists which it prepares for use in the filling of | 21 | | vacant or additional or newly created positions for teachers. | 22 | | The principal's total years of service to the board as both a | 23 | | teacher and a principal, or in other professional capacities, | 24 | | shall be used in calculating years of experience for purposes | 25 | | of being selected as a teacher into new, additional or vacant | 26 | | positions. |
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| 1 | | In the event the performance contract of a principal is | 2 | | not renewed or a principal is not reappointed as principal | 3 | | under a new performance contract, such principal shall be | 4 | | eligible to continue to receive his or her previously provided | 5 | | level of health insurance benefits for a period of 90 days | 6 | | following the non-renewal of the contract at no expense to the | 7 | | principal, provided that such principal has not retired. | 8 | | (Source: P.A. 102-894, eff. 5-20-22; 102-1139, eff. 2-10-23.) | 9 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) | 10 | | Sec. 34-18. Powers of the board. The board shall exercise | 11 | | general supervision and jurisdiction over the public education | 12 | | and the public school system of the city, and, except as | 13 | | otherwise provided by this Article, shall have power: | 14 | | 1. To make suitable provision for the establishment | 15 | | and maintenance throughout the year or for such portion | 16 | | thereof as it may direct, not less than 9 months and in | 17 | | compliance with Section 10-19.05, of schools of all grades | 18 | | and kinds, including normal schools, high schools, night | 19 | | schools, schools for defectives and delinquents, parental | 20 | | and truant schools, schools for the blind, the deaf, and | 21 | | persons with physical disabilities, schools or classes in | 22 | | manual training, constructural and vocational teaching, | 23 | | domestic arts, and physical culture, vocation and | 24 | | extension schools and lecture courses, and all other | 25 | | educational courses and facilities, including |
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| 1 | | establishing, equipping, maintaining and operating | 2 | | playgrounds and recreational programs, when such programs | 3 | | are conducted in, adjacent to, or connected with any | 4 | | public school under the general supervision and | 5 | | jurisdiction of the board; provided that the calendar for | 6 | | the school term and any changes must be submitted to and | 7 | | approved by the State Board of Education before the | 8 | | calendar or changes may take effect, and provided that in | 9 | | allocating funds from year to year for the operation of | 10 | | all attendance centers within the district, the board | 11 | | shall ensure that supplemental general State aid or | 12 | | supplemental grant funds are allocated and applied in | 13 | | accordance with Section 18-8, 18-8.05, or 18-8.15. To | 14 | | admit to such schools without charge foreign exchange | 15 | | students who are participants in an organized exchange | 16 | | student program which is authorized by the board. The | 17 | | board shall permit all students to enroll in | 18 | | apprenticeship programs in trade schools operated by the | 19 | | board, whether those programs are union-sponsored or not. | 20 | | No student shall be refused admission into or be excluded | 21 | | from any course of instruction offered in the common | 22 | | schools by reason of that student's sex. No student shall | 23 | | be denied equal access to physical education and | 24 | | interscholastic athletic programs supported from school | 25 | | district funds or denied participation in comparable | 26 | | physical education and athletic programs solely by reason |
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| 1 | | of the student's sex. Equal access to programs supported | 2 | | from school district funds and comparable programs will be | 3 | | defined in rules promulgated by the State Board of | 4 | | Education in consultation with the Illinois High School | 5 | | Association. Notwithstanding any other provision of this | 6 | | Article, neither the board of education nor any local | 7 | | school council or other school official shall recommend | 8 | | that children with disabilities be placed into regular | 9 | | education classrooms unless those children with | 10 | | disabilities are provided with supplementary services to | 11 | | assist them so that they benefit from the regular | 12 | | classroom instruction and are included on the teacher's | 13 | | regular education class register; | 14 | | 2. To furnish lunches to pupils, to make a reasonable | 15 | | charge therefor, and to use school funds for the payment | 16 | | of such expenses as the board may determine are necessary | 17 | | in conducting the school lunch program; | 18 | | 3. To co-operate with the circuit court; | 19 | | 4. To make arrangements with the public or | 20 | | quasi-public libraries and museums for the use of their | 21 | | facilities by teachers and pupils of the public schools; | 22 | | 5. To employ dentists and prescribe their duties for | 23 | | the purpose of treating the pupils in the schools, but | 24 | | accepting such treatment shall be optional with parents or | 25 | | guardians; | 26 | | 6. To grant the use of assembly halls and classrooms |
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| 1 | | when not otherwise needed, including light, heat, and | 2 | | attendants, for free public lectures, concerts, and other | 3 | | educational and social interests, free of charge, under | 4 | | such provisions and control as the principal of the | 5 | | affected attendance center may prescribe; | 6 | | 7. To apportion the pupils to the several schools; | 7 | | provided that no pupil shall be excluded from or | 8 | | segregated in any such school on account of his color, | 9 | | race, sex, or nationality. The board shall take into | 10 | | consideration the prevention of segregation and the | 11 | | elimination of separation of children in public schools | 12 | | because of color, race, sex, or nationality. Except that | 13 | | children may be committed to or attend parental and social | 14 | | adjustment schools established and maintained either for | 15 | | boys or girls only. All records pertaining to the | 16 | | creation, alteration or revision of attendance areas shall | 17 | | be open to the public. Nothing herein shall limit the | 18 | | board's authority to establish multi-area attendance | 19 | | centers or other student assignment systems for | 20 | | desegregation purposes or otherwise, and to apportion the | 21 | | pupils to the several schools. Furthermore, beginning in | 22 | | school year 1994-95, pursuant to a board plan adopted by | 23 | | October 1, 1993, the board shall offer, commencing on a | 24 | | phased-in basis, the opportunity for families within the | 25 | | school district to apply for enrollment of their children | 26 | | in any attendance center within the school district which |
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| 1 | | does not have selective admission requirements approved by | 2 | | the board. The appropriate geographical area in which such | 3 | | open enrollment may be exercised shall be determined by | 4 | | the board of education. Such children may be admitted to | 5 | | any such attendance center on a space available basis | 6 | | after all children residing within such attendance | 7 | | center's area have been accommodated. If the number of | 8 | | applicants from outside the attendance area exceed the | 9 | | space available, then successful applicants shall be | 10 | | selected by lottery. The board of education's open | 11 | | enrollment plan must include provisions that allow | 12 | | low-income students to have access to transportation | 13 | | needed to exercise school choice. Open enrollment shall be | 14 | | in compliance with the provisions of the Consent Decree | 15 | | and Desegregation Plan cited in Section 34-1.01; | 16 | | 8. To approve programs and policies for providing | 17 | | transportation services to students. Nothing herein shall | 18 | | be construed to permit or empower the State Board of | 19 | | Education to order, mandate, or require busing or other | 20 | | transportation of pupils for the purpose of achieving | 21 | | racial balance in any school; | 22 | | 9. Subject to the limitations in this Article, to | 23 | | establish and approve system-wide curriculum objectives | 24 | | and standards, including graduation standards, which | 25 | | reflect the multi-cultural diversity in the city and are | 26 | | consistent with State law, provided that for all purposes |
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| 1 | | of this Article courses or proficiency in American Sign | 2 | | Language shall be deemed to constitute courses or | 3 | | proficiency in a foreign language; and to employ | 4 | | principals and teachers, appointed as provided in this | 5 | | Article, and fix their compensation. The board shall | 6 | | prepare such reports related to minimal competency testing | 7 | | as may be requested by the State Board of Education and, in | 8 | | addition, shall monitor and approve special education and | 9 | | bilingual education programs and policies within the | 10 | | district to ensure that appropriate services are provided | 11 | | in accordance with applicable State and federal laws to | 12 | | children requiring services and education in those areas; | 13 | | 10. To employ non-teaching personnel or utilize | 14 | | volunteer personnel for: (i) non-teaching duties not | 15 | | requiring instructional judgment or evaluation of pupils, | 16 | | including library duties; and (ii) supervising study | 17 | | halls, long distance teaching reception areas used | 18 | | incident to instructional programs transmitted by | 19 | | electronic media such as computers, video, and audio, | 20 | | detention and discipline areas, and school-sponsored | 21 | | extracurricular activities. The board may further utilize | 22 | | volunteer nonlicensed personnel or employ nonlicensed | 23 | | personnel to assist in the instruction of pupils under the | 24 | | immediate supervision of a teacher holding a valid | 25 | | educator license, directly engaged in teaching subject | 26 | | matter or conducting activities; provided that the teacher |
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| 1 | | shall be continuously aware of the nonlicensed persons' | 2 | | activities and shall be able to control or modify them. | 3 | | The general superintendent shall determine qualifications | 4 | | of such personnel and shall prescribe rules for | 5 | | determining the duties and activities to be assigned to | 6 | | such personnel; | 7 | | 10.5. To utilize volunteer personnel from a regional | 8 | | School Crisis Assistance Team (S.C.A.T.), created as part | 9 | | of the Safe to Learn Program established pursuant to | 10 | | Section 25 of the Illinois Violence Prevention Act of | 11 | | 1995, to provide assistance to schools in times of | 12 | | violence or other traumatic incidents within a school | 13 | | community by providing crisis intervention services to | 14 | | lessen the effects of emotional trauma on individuals and | 15 | | the community; the School Crisis Assistance Team Steering | 16 | | Committee shall determine the qualifications for | 17 | | volunteers; | 18 | | 11. To provide television studio facilities in not to | 19 | | exceed one school building and to provide programs for | 20 | | educational purposes, provided, however, that the board | 21 | | shall not construct, acquire, operate, or maintain a | 22 | | television transmitter; to grant the use of its studio | 23 | | facilities to a licensed television station located in the | 24 | | school district; and to maintain and operate not to exceed | 25 | | one school radio transmitting station and provide programs | 26 | | for educational purposes; |
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| 1 | | 12. To offer, if deemed appropriate, outdoor education | 2 | | courses, including field trips within the State of | 3 | | Illinois, or adjacent states, and to use school | 4 | | educational funds for the expense of the said outdoor | 5 | | educational programs, whether within the school district | 6 | | or not; | 7 | | 13. During that period of the calendar year not | 8 | | embraced within the regular school term, to provide and | 9 | | conduct courses in subject matters normally embraced in | 10 | | the program of the schools during the regular school term | 11 | | and to give regular school credit for satisfactory | 12 | | completion by the student of such courses as may be | 13 | | approved for credit by the State Board of Education; | 14 | | 14. To insure against any loss or liability of the | 15 | | board, the former School Board Nominating Commission, | 16 | | Local School Councils, the Chicago Schools Academic | 17 | | Accountability Council, or the former Subdistrict Councils | 18 | | or of any member, officer, agent, or employee thereof, | 19 | | resulting from alleged violations of civil rights arising | 20 | | from incidents occurring on or after September 5, 1967 or | 21 | | from the wrongful or negligent act or omission of any such | 22 | | person whether occurring within or without the school | 23 | | premises, provided the officer, agent, or employee was, at | 24 | | the time of the alleged violation of civil rights or | 25 | | wrongful act or omission, acting within the scope of his | 26 | | or her employment or under direction of the board, the |
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| 1 | | former School Board Nominating Commission, the Chicago | 2 | | Schools Academic Accountability Council, Local School | 3 | | Councils, or the former Subdistrict Councils; and to | 4 | | provide for or participate in insurance plans for its | 5 | | officers and employees, including, but not limited to, | 6 | | retirement annuities, medical, surgical and | 7 | | hospitalization benefits in such types and amounts as may | 8 | | be determined by the board; provided, however, that the | 9 | | board shall contract for such insurance only with an | 10 | | insurance company authorized to do business in this State. | 11 | | Such insurance may include provision for employees who | 12 | | rely on treatment by prayer or spiritual means alone for | 13 | | healing, in accordance with the tenets and practice of a | 14 | | recognized religious denomination; | 15 | | 15. To contract with the corporate authorities of any | 16 | | municipality or the county board of any county, as the | 17 | | case may be, to provide for the regulation of traffic in | 18 | | parking areas of property used for school purposes, in | 19 | | such manner as is provided by Section 11-209 of the | 20 | | Illinois Vehicle Code; | 21 | | 16. (a) To provide, on an equal basis, access to a high | 22 | | school campus and student directory information to the | 23 | | official recruiting representatives of the armed forces of | 24 | | Illinois and the United States for the purposes of | 25 | | informing students of the educational and career | 26 | | opportunities available in the military if the board has |
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| 1 | | provided such access to persons or groups whose purpose is | 2 | | to acquaint students with educational or occupational | 3 | | opportunities available to them. The board is not required | 4 | | to give greater notice regarding the right of access to | 5 | | recruiting representatives than is given to other persons | 6 | | and groups. In this paragraph 16, "directory information" | 7 | | means a high school student's name, address, and telephone | 8 | | number. | 9 | | (b) If a student or his or her parent or guardian | 10 | | submits a signed, written request to the high school | 11 | | before the end of the student's sophomore year (or if the | 12 | | student is a transfer student, by another time set by the | 13 | | high school) that indicates that the student or his or her | 14 | | parent or guardian does not want the student's directory | 15 | | information to be provided to official recruiting | 16 | | representatives under subsection (a) of this Section, the | 17 | | high school may not provide access to the student's | 18 | | directory information to these recruiting representatives. | 19 | | The high school shall notify its students and their | 20 | | parents or guardians of the provisions of this subsection | 21 | | (b). | 22 | | (c) A high school may require official recruiting | 23 | | representatives of the armed forces of Illinois and the | 24 | | United States to pay a fee for copying and mailing a | 25 | | student's directory information in an amount that is not | 26 | | more than the actual costs incurred by the high school. |
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| 1 | | (d) Information received by an official recruiting | 2 | | representative under this Section may be used only to | 3 | | provide information to students concerning educational and | 4 | | career opportunities available in the military and may not | 5 | | be released to a person who is not involved in recruiting | 6 | | students for the armed forces of Illinois or the United | 7 | | States; | 8 | | 17. (a) To sell or market any computer program | 9 | | developed by an employee of the school district, provided | 10 | | that such employee developed the computer program as a | 11 | | direct result of his or her duties with the school | 12 | | district or through the utilization of school district | 13 | | resources or facilities. The employee who developed the | 14 | | computer program shall be entitled to share in the | 15 | | proceeds of such sale or marketing of the computer | 16 | | program. The distribution of such proceeds between the | 17 | | employee and the school district shall be as agreed upon | 18 | | by the employee and the school district, except that | 19 | | neither the employee nor the school district may receive | 20 | | more than 90% of such proceeds. The negotiation for an | 21 | | employee who is represented by an exclusive bargaining | 22 | | representative may be conducted by such bargaining | 23 | | representative at the employee's request. | 24 | | (b) For the purpose of this paragraph 17: | 25 | | (1) "Computer" means an internally programmed, | 26 | | general purpose digital device capable of |
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| 1 | | automatically accepting data, processing data and | 2 | | supplying the results of the operation. | 3 | | (2) "Computer program" means a series of coded | 4 | | instructions or statements in a form acceptable to a | 5 | | computer, which causes the computer to process data in | 6 | | order to achieve a certain result. | 7 | | (3) "Proceeds" means profits derived from the | 8 | | marketing or sale of a product after deducting the | 9 | | expenses of developing and marketing such product; | 10 | | 18. To delegate to the general superintendent of | 11 | | schools, by resolution, the authority to approve contracts | 12 | | and expenditures in amounts of $35,000 or less; | 13 | | 19. Upon the written request of an employee, to | 14 | | withhold from the compensation of that employee any dues, | 15 | | payments, or contributions payable by such employee to any | 16 | | labor organization as defined in the Illinois Educational | 17 | | Labor Relations Act. Under such arrangement, an amount | 18 | | shall be withheld from each regular payroll period which | 19 | | is equal to the pro rata share of the annual dues plus any | 20 | | payments or contributions, and the board shall transmit | 21 | | such withholdings to the specified labor organization | 22 | | within 10 working days from the time of the withholding; | 23 | | 19a. Upon receipt of notice from the comptroller of a | 24 | | municipality with a population of 500,000 or more, a | 25 | | county with a population of 3,000,000 or more, the Cook | 26 | | County Forest Preserve District, the Chicago Park |
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| 1 | | District, the Metropolitan Water Reclamation District, the | 2 | | Chicago Transit Authority, or a housing authority of a | 3 | | municipality with a population of 500,000 or more that a | 4 | | debt is due and owing the municipality, the county, the | 5 | | Cook County Forest Preserve District, the Chicago Park | 6 | | District, the Metropolitan Water Reclamation District, the | 7 | | Chicago Transit Authority, or the housing authority by an | 8 | | employee of the Chicago Board of Education, to withhold, | 9 | | from the compensation of that employee, the amount of the | 10 | | debt that is due and owing and pay the amount withheld to | 11 | | the municipality, the county, the Cook County Forest | 12 | | Preserve District, the Chicago Park District, the | 13 | | Metropolitan Water Reclamation District, the Chicago | 14 | | Transit Authority, or the housing authority; provided, | 15 | | however, that the amount deducted from any one salary or | 16 | | wage payment shall not exceed 25% of the net amount of the | 17 | | payment. Before the Board deducts any amount from any | 18 | | salary or wage of an employee under this paragraph, the | 19 | | municipality, the county, the Cook County Forest Preserve | 20 | | District, the Chicago Park District, the Metropolitan | 21 | | Water Reclamation District, the Chicago Transit Authority, | 22 | | or the housing authority shall certify that (i) the | 23 | | employee has been afforded an opportunity for a hearing to | 24 | | dispute the debt that is due and owing the municipality, | 25 | | the county, the Cook County Forest Preserve District, the | 26 | | Chicago Park District, the Metropolitan Water Reclamation |
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| 1 | | District, the Chicago Transit Authority, or the housing | 2 | | authority and (ii) the employee has received notice of a | 3 | | wage deduction order and has been afforded an opportunity | 4 | | for a hearing to object to the order. For purposes of this | 5 | | paragraph, "net amount" means that part of the salary or | 6 | | wage payment remaining after the deduction of any amounts | 7 | | required by law to be deducted and "debt due and owing" | 8 | | means (i) a specified sum of money owed to the | 9 | | municipality, the county, the Cook County Forest Preserve | 10 | | District, the Chicago Park District, the Metropolitan | 11 | | Water Reclamation District, the Chicago Transit Authority, | 12 | | or the housing authority for services, work, or goods, | 13 | | after the period granted for payment has expired, or (ii) | 14 | | a specified sum of money owed to the municipality, the | 15 | | county, the Cook County Forest Preserve District, the | 16 | | Chicago Park District, the Metropolitan Water Reclamation | 17 | | District, the Chicago Transit Authority, or the housing | 18 | | authority pursuant to a court order or order of an | 19 | | administrative hearing officer after the exhaustion of, or | 20 | | the failure to exhaust, judicial review; | 21 | | 20. The board is encouraged to employ a sufficient | 22 | | number of licensed school counselors to maintain a | 23 | | student/counselor ratio of 250 to 1. Each counselor shall | 24 | | spend at least 75% of his work time in direct contact with | 25 | | students and shall maintain a record of such time; | 26 | | 21. To make available to students vocational and |
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| 1 | | career counseling and to establish 5 special career | 2 | | counseling days for students and parents. On these days | 3 | | representatives of local businesses and industries shall | 4 | | be invited to the school campus and shall inform students | 5 | | of career opportunities available to them in the various | 6 | | businesses and industries. Special consideration shall be | 7 | | given to counseling minority students as to career | 8 | | opportunities available to them in various fields. For the | 9 | | purposes of this paragraph, minority student means a | 10 | | person who is any of the following: | 11 | | (a) American Indian or Alaska Native (a person having | 12 | | origins in any of the original peoples of North and South | 13 | | America, including Central America, and who maintains | 14 | | tribal affiliation or community attachment). | 15 | | (b) Asian (a person having origins in any of the | 16 | | original peoples of the Far East, Southeast Asia, or the | 17 | | Indian subcontinent, including, but not limited to, | 18 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 19 | | the Philippine Islands, Thailand, and Vietnam). | 20 | | (c) Black or African American (a person having origins | 21 | | in any of the black racial groups of Africa). | 22 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 23 | | Puerto Rican, South or Central American, or other Spanish | 24 | | culture or origin, regardless of race). | 25 | | (e) Native Hawaiian or Other Pacific Islander (a | 26 | | person having origins in any of the original peoples of |
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| 1 | | Hawaii, Guam, Samoa, or other Pacific Islands). | 2 | | Counseling days shall not be in lieu of regular school | 3 | | days; | 4 | | 22. To report to the State Board of Education the | 5 | | annual student dropout rate and number of students who | 6 | | graduate from, transfer from, or otherwise leave bilingual | 7 | | programs; | 8 | | 23. Except as otherwise provided in the Abused and | 9 | | Neglected Child Reporting Act or other applicable State or | 10 | | federal law, to permit school officials to withhold, from | 11 | | any person, information on the whereabouts of any child | 12 | | removed from school premises when the child has been taken | 13 | | into protective custody as a victim of suspected child | 14 | | abuse. School officials shall direct such person to the | 15 | | Department of Children and Family Services or to the local | 16 | | law enforcement agency, if appropriate; | 17 | | 24. To develop a policy, based on the current state of | 18 | | existing school facilities, projected enrollment, and | 19 | | efficient utilization of available resources, for capital | 20 | | improvement of schools and school buildings within the | 21 | | district, addressing in that policy both the relative | 22 | | priority for major repairs, renovations, and additions to | 23 | | school facilities and the advisability or necessity of | 24 | | building new school facilities or closing existing schools | 25 | | to meet current or projected demographic patterns within | 26 | | the district; |
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| 1 | | 25. To make available to the students in every high | 2 | | school attendance center the ability to take all courses | 3 | | necessary to comply with the Board of Higher Education's | 4 | | college entrance criteria effective in 1993; | 5 | | 26. To encourage mid-career changes into the teaching | 6 | | profession, whereby qualified professionals become | 7 | | licensed teachers, by allowing credit for professional | 8 | | employment in related fields when determining point of | 9 | | entry on the teacher pay scale; | 10 | | 27. To provide or contract out training programs for | 11 | | administrative personnel and principals with revised or | 12 | | expanded duties pursuant to this Code in order to ensure | 13 | | they have the knowledge and skills to perform their | 14 | | duties; | 15 | | 28. To establish a fund for the prioritized special | 16 | | needs programs, and to allocate such funds and other lump | 17 | | sum amounts to each attendance center in a manner | 18 | | consistent with the provisions of part 4 of Section | 19 | | 34-2.3. Nothing in this paragraph shall be construed to | 20 | | require any additional appropriations of State funds for | 21 | | this purpose; | 22 | | 29. (Blank); | 23 | | 30. Notwithstanding any other provision of this Code | 24 | | Act or any other law to the contrary other than any | 25 | | prohibition under this paragraph 30 , to contract with | 26 | | third parties for services otherwise performed by |
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| 1 | | employees, including those in a bargaining unit, and to | 2 | | layoff those employees upon 14 days written notice to the | 3 | | affected employees. Those contracts may be for a period | 4 | | not to exceed 5 years and may be awarded on a system-wide | 5 | | basis. However, the board may not contract with a third | 6 | | party on or after the effective date of this amendatory | 7 | | Act of the 103rd General Assembly for services relating to | 8 | | custodial, dietary, or daily maintenance of a district | 9 | | facility. The board may not operate more than 30 contract | 10 | | schools, provided that the board may operate an additional | 11 | | 5 contract turnaround schools pursuant to item (5.5) of | 12 | | subsection (d) of Section 34-8.3 of this Code, and the | 13 | | governing bodies of contract schools are subject to the | 14 | | Freedom of Information Act and Open Meetings Act; | 15 | | 31. To promulgate rules establishing procedures | 16 | | governing the layoff or reduction in force of employees | 17 | | and the recall of such employees, including, but not | 18 | | limited to, criteria for such layoffs, reductions in force | 19 | | or recall rights of such employees and the weight to be | 20 | | given to any particular criterion. Such criteria shall | 21 | | take into account factors, including, but not limited to, | 22 | | qualifications, certifications, experience, performance | 23 | | ratings or evaluations, and any other factors relating to | 24 | | an employee's job performance; | 25 | | 32. To develop a policy to prevent nepotism in the | 26 | | hiring of personnel or the selection of contractors; |
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| 1 | | 33. (Blank); and | 2 | | 34. To establish a Labor Management Council to the | 3 | | board comprised of representatives of the board, the chief | 4 | | executive officer, and those labor organizations that are | 5 | | the exclusive representatives of employees of the board | 6 | | and to promulgate policies and procedures for the | 7 | | operation of the Council. | 8 | | The specifications of the powers herein granted are not to | 9 | | be construed as exclusive, but the board shall also exercise | 10 | | all other powers that may be requisite or proper for the | 11 | | maintenance and the development of a public school system, not | 12 | | inconsistent with the other provisions of this Article or | 13 | | provisions of this Code which apply to all school districts. | 14 | | In addition to the powers herein granted and authorized to | 15 | | be exercised by the board, it shall be the duty of the board to | 16 | | review or to direct independent reviews of special education | 17 | | expenditures and services. The board shall file a report of | 18 | | such review with the General Assembly on or before May 1, 1990. | 19 | | (Source: P.A. 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; | 20 | | 102-894, eff. 5-20-22; 103-8, eff. 1-1-24 .) | 21 | | (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3) | 22 | | Sec. 34-21.3. Contracts. The board shall by record vote | 23 | | let all contracts (other than those excepted by Section | 24 | | 10-20.21 or paragraph 30 of Section 34-18 of this Code) for | 25 | | supplies, materials, or work and contracts with private |
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| 1 | | carriers for transportation of pupils involving an expenditure | 2 | | in excess of $35,000 or a lower amount as required by board | 3 | | policy by competitive bidding as provided in Section 10-20.21 | 4 | | of this Code. | 5 | | The board may delegate to the general superintendent of | 6 | | schools, by resolution, the authority to approve contracts in | 7 | | amounts of $35,000 or less. | 8 | | For a period of one year from and after the expiration or | 9 | | other termination of his or her term of office as a member of | 10 | | the board: (i) the former board member shall not be eligible | 11 | | for employment nor be employed by the board, a local school | 12 | | council, an attendance center, or any other subdivision or | 13 | | agent of the board or the school district governed by the | 14 | | board, and (ii) neither the board nor the chief purchasing | 15 | | officer shall let or delegate authority to let any contract | 16 | | for services, employment, or other work to the former board | 17 | | member or to any corporation, partnership, association, sole | 18 | | proprietorship, or other entity other than publicly traded | 19 | | companies from which the former board member receives an | 20 | | annual income, dividends, or other compensation in excess of | 21 | | $1,500. Any contract that is entered into by or under a | 22 | | delegation of authority from the board or the chief purchasing | 23 | | officer shall contain a provision stating that the contract is | 24 | | not legally binding on the board if entered into in violation | 25 | | of the provisions of this paragraph. | 26 | | In addition, the State Board of Education, in consultation |
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| 1 | | with the board, shall (i) review existing conflict of interest | 2 | | and disclosure laws or regulations that are applicable to the | 3 | | executive officers and governing boards of school districts | 4 | | organized under this Article and school districts generally, | 5 | | (ii) determine what additional disclosure and conflict of | 6 | | interest provisions would enhance the reputation and fiscal | 7 | | integrity of the board and the procedure under which contracts | 8 | | for goods and services are let, and (iii) develop appropriate | 9 | | reporting forms and procedures applicable to the executive | 10 | | officers, governing board, and other officials of the school | 11 | | district. | 12 | | (Source: P.A. 103-8, eff. 1-1-24 .) | 13 | | (105 ILCS 5/34-49) (from Ch. 122, par. 34-49) | 14 | | Sec. 34-49. Contracts, expense and liabilities without | 15 | | appropriation. No contract shall be made or expense or | 16 | | liability incurred by the board, or any member or committee | 17 | | thereof, or by any person for or in its behalf, | 18 | | notwithstanding the expenditure may have been ordered by the | 19 | | board, unless an appropriation therefor has been previously | 20 | | made. Neither the board, nor any member or committee, officer, | 21 | | head of any department or bureau, or employee thereof shall | 22 | | during a fiscal year expend or contract to be expended any | 23 | | money, or incur any liability, or enter into any contract | 24 | | which by its terms involves the expenditure of money for any of | 25 | | the purposes for which provision is made in the budget, in |
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| 1 | | excess of the amounts appropriated in the budget. Any | 2 | | contract, verbal or written, made in violation of this Section | 3 | | is void as to the board, and no moneys belonging thereto shall | 4 | | be paid thereon. Provided, however, that the board may lease | 5 | | from any Public Building Commission created pursuant to the | 6 | | provisions of the Public Building Commission Act, approved | 7 | | July 5, 1955, as heretofore or hereafter amended, or from any | 8 | | individuals, partnerships or corporations, any real or | 9 | | personal property for the purpose of securing space for its | 10 | | school purposes or office or other space for its | 11 | | administrative functions for any period of time not exceeding | 12 | | 40 years, and such lease may be made and the obligation or | 13 | | expense thereunder incurred without making a previous | 14 | | appropriation therefor, except as otherwise provided in | 15 | | Section 34-21.1 of this Act. Provided that the board may enter | 16 | | into agreements, including lease and lease purchase agreements | 17 | | having a term not longer than 40 years from the date on which | 18 | | such agreements are entered into, with individuals, | 19 | | partnerships, or corporations for the construction of school | 20 | | buildings, school administrative offices, site development, | 21 | | and school support facilities. The board shall maintain | 22 | | exclusive possession of all such schools, school | 23 | | administrative offices, and school facilities which it is | 24 | | occupying or acquiring pursuant to any such lease or lease | 25 | | purchase agreement, and in addition shall have and exercise | 26 | | complete control over the education program conducted at such |
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| 1 | | schools, offices and facilities. The board's contribution | 2 | | under any such lease or lease purchase agreement shall be | 3 | | limited to the use of the real estate and existing | 4 | | improvements on a rental basis which shall be exempt from any | 5 | | form of leasehold tax or assessment, but the interests of the | 6 | | board may be subordinated to the interests of a mortgage | 7 | | holder or holders acquired as security for additional | 8 | | improvements made on the property. Provided that the board may | 9 | | enter into agreements, including lease and lease purchase | 10 | | agreements, having a term not longer than 40 years from the | 11 | | date on which such agreements are entered into for the | 12 | | provision of school buildings and related property and | 13 | | facilities for an agricultural science school pursuant to | 14 | | subparagraphs (8) through (10) of Section 34-21.1; and such | 15 | | agreements may be made and the obligations thereunder incurred | 16 | | without making a previous appropriation therefor. This Section | 17 | | does not prevent the making of lawful contracts for the | 18 | | construction of buildings, the purchase of insurance, the | 19 | | leasing of equipment, the purchase of personal property by a | 20 | | conditional sales agreement, or the leasing of personal | 21 | | property under an agreement that upon compliance with the | 22 | | terms of which the board shall become or has the option to | 23 | | become the owner of the property for no additional | 24 | | consideration or for a nominal consideration, the term of | 25 | | which may be for periods of more than 1 year, but, in no case, | 26 | | shall such conditional sales agreements or leases of personal |
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| 1 | | property by which the board may or will become the owner of the | 2 | | personal property, provide for the consideration to be paid | 3 | | during a period of time in excess of 10 years nor shall such | 4 | | contracts provide for the payment of interest in excess of the | 5 | | maximum rate authorized by the Bond Authorization Act, as | 6 | | amended at the time of the making of the contract, on the | 7 | | unpaid balance owing; nor shall this Section prevent the | 8 | | making of lawful contracts for the purchase of fuel and the | 9 | | removal of ashes for a period from July 1 of any year to June | 10 | | 30 of the year following, or the making of lawful contracts for | 11 | | the transportation of pupils to and from school, or the | 12 | | entering into of employment contracts with individuals or | 13 | | groups of employees for any period not to exceed 4 years, or , | 14 | | except as otherwise prohibited under paragraph 30 of Section | 15 | | 34-18, the entering into contracts with third parties for | 16 | | services otherwise performed by employees for any period not | 17 | | to exceed 5 years provided that the contracts with third | 18 | | parties for services provided at attendance centers shall | 19 | | specify that the principal of an attendance center shall have | 20 | | authority, to the maximum extent possible, to direct persons | 21 | | assigned to the attendance center pursuant to that contract, | 22 | | or the making of requirement contracts for not to exceed one | 23 | | year the terms of which may extend into the succeeding fiscal | 24 | | year provided, however, that such contracts contain a | 25 | | limitation on the amount to be expended and that such | 26 | | contracts shall impose no obligation on the board except |
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| 1 | | pursuant to written purchase order. | 2 | | With respect to instruments for the payment of money | 3 | | issued under this Section either before, on, or after the | 4 | | effective date of this amendatory Act of 1989, it is and always | 5 | | has been the intention of the General Assembly (i) that the | 6 | | Omnibus Bond Acts are and always have been supplementary | 7 | | grants of power to issue instruments in accordance with the | 8 | | Omnibus Bond Acts, regardless of any provision of this Act | 9 | | that may appear to be or to have been more restrictive than | 10 | | those Acts, (ii) that the provisions of this Section are not a | 11 | | limitation on the supplementary authority granted by the | 12 | | Omnibus Bond Acts, and (iii) that instruments issued under | 13 | | this Section within the supplementary authority granted by the | 14 | | Omnibus Bond Acts are not invalid because of any provision of | 15 | | this Act that may appear to be or to have been more restrictive | 16 | | than those Acts. | 17 | | (Source: P.A. 89-15, eff. 5-30-95.) |
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