Full Text of SB3515 96th General Assembly
SB3515enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 8-16, 10-7, 10-9, 10-16.5, 10-20.6, 10-20.19, 10-22.6, | 6 |
| 10-23.5, and 24-23 as follows:
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| (105 ILCS 5/8-16) (from Ch. 122, par. 8-16)
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| Sec. 8-16. School orders; Teacher's wages. The school | 9 |
| treasurer shall pay out funds of the school district only
upon | 10 |
| an order of the school board signed by the president and
clerk | 11 |
| or secretary or by a majority of the board, except payment of | 12 |
| the
obligations for Social Security taxes as required by the | 13 |
| Social Security
Enabling Act and payment of recurring bills, | 14 |
| such as utility bills, may be made upon a certification by the | 15 |
| clerk or secretary
of the board of the amount of the obligation | 16 |
| only. When an order issued
for the wages of a teacher is | 17 |
| presented to the treasurer and is not paid
for want of funds, | 18 |
| the treasurer shall endorse it over his signature,
"not paid | 19 |
| for want of funds" with the date of presentation, and shall
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| make and keep a record of the endorsement. The order shall | 21 |
| thereafter
bear interest at the rate, not exceeding the maximum | 22 |
| rate authorized by the
Bond Authorization Act, as amended at | 23 |
| the time of the making of the
contract, established by the |
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| school board of the district, until the
treasurer shall notify | 2 |
| the clerk or secretary in writing that
he has funds to pay the | 3 |
| order. Whenever the treasurer obtains sufficient
funds to pay | 4 |
| any such order he shall set them aside for such purpose and
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| shall not use them to pay any other order until the order | 6 |
| previously
presented and not paid is paid or otherwise | 7 |
| discharged. The treasurer shall
make and keep a record of the | 8 |
| notices and hold the funds necessary to pay
such order until it | 9 |
| is presented. The order shall draw no interest after
notice is | 10 |
| given to the clerk or secretary.
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| Nothing herein shall be construed to prevent the | 12 |
| establishment of a
voucher system of expenditures as provided | 13 |
| in Section 10-23.5 of this
Act.
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| With respect to instruments for the payment of money issued | 15 |
| under this
Section either before, on, or after June 6, 1989, it | 16 |
| is and always has been
the intention of the General Assembly | 17 |
| (i) that the Omnibus Bond Acts are
and always have been | 18 |
| supplementary grants of power to issue instruments in
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| accordance with the Omnibus Bond Acts, regardless of any | 20 |
| provision of this
Act that may appear to be or to have been | 21 |
| more restrictive than those Acts,
(ii) that the provisions of | 22 |
| this Section are not a limitation on the
supplementary | 23 |
| authority granted by the Omnibus Bond Acts, and (iii) that
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| instruments issued under this Section within the supplementary | 25 |
| authority
granted by the Omnibus Bond Acts are not invalid | 26 |
| because of any provision
of this Act that may appear to be or |
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| to have been more restrictive than
those Acts.
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| (Source: P.A. 86-4; 86-715; 86-1028; 86-1161.)
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| (105 ILCS 5/10-7) (from Ch. 122, par. 10-7)
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| Sec. 10-7.
Secretary or clerk to record official acts - | 5 |
| yeas and nays
on expenditures. The secretary or clerk shall | 6 |
| keep in a punctual, orderly
and reliable manner a record of the | 7 |
| official acts of the board which
shall be signed by the | 8 |
| president and the secretary or clerk, and
submitted to the | 9 |
| treasurer having custody of the funds of the district
for his | 10 |
| inspection and approval on the first Monday of April and
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| October, and at such other times as the treasurer may require. | 12 |
| On all
questions involving the expenditure of money, the yeas | 13 |
| and nays shall be
taken and entered on the records of the | 14 |
| proceedings of the board. The
secretary or clerk shall keep the | 15 |
| minutes and, if the district is not
required to employ a | 16 |
| superintendent, keep or cause to be kept the
financial records | 17 |
| of the school district.
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| (Source: P.A. 76-1339.)
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| (105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
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| Sec. 10-9. Interest of board member in contracts.
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| (a) No school board member shall be interested, directly or | 22 |
| indirectly,
in his own name or in the name of any other person, | 23 |
| association, trust or
corporation, in any contract, work or | 24 |
| business of the district or in the
sale of any article, |
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| whenever the expense, price or consideration of the
contract, | 2 |
| work, business or sale is paid either from the treasury or by | 3 |
| any
assessment levied by any statute or ordinance. A school | 4 |
| board member shall not be deemed interested if the board member | 5 |
| is an employee of a business that is involved in the | 6 |
| transaction of business with the school district, provided that | 7 |
| the board member has no financial interests other than as an | 8 |
| employee. No school board member
shall be interested, directly | 9 |
| or indirectly, in the purchase of any
property which (1) | 10 |
| belongs to the district, or (2) is sold for taxes or
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| assessments, or (3) is sold by virtue of legal process at the | 12 |
| suit of
the district.
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| (b) However, any board member may provide materials, | 14 |
| merchandise,
property, services or labor, if:
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| A. the contract is with a person, firm, partnership, | 16 |
| association,
corporation or cooperative association in | 17 |
| which the board member has
less than a 7 1/2% share in the | 18 |
| ownership; and
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| B. such interested board member publicly discloses the | 20 |
| nature and
extent of his interest prior to or during | 21 |
| deliberations concerning the
proposed award of the | 22 |
| contract; and
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| C. such interested board member abstains from voting on | 24 |
| the award of
the contract, though he shall be considered | 25 |
| present for the purposes of
establishing a quorum; and
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| D. such contract is approved by a majority vote of |
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| those board
members presently holding office; and
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| E. the contract is awarded after sealed bids to the | 3 |
| lowest
responsible bidder if the amount of the contract | 4 |
| exceeds $1500,
or
awarded without bidding if the amount of | 5 |
| the contract is less than
$1500; and
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| F. the award of the contract would not cause the | 7 |
| aggregate amount of
all such contracts so awarded to the | 8 |
| same person, firm, association,
partnership, corporation | 9 |
| or cooperative association in the same fiscal
year to | 10 |
| exceed $25,000.
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| (c) In addition to the above exemption, any board member | 12 |
| may provide
materials, merchandise, property, services or | 13 |
| labor if:
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| A. the award of the contract is approved by a majority | 15 |
| vote of the
board provided that any such interested member | 16 |
| shall abstain from
voting; and
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| B. the amount of the contract does not exceed $1,000; | 18 |
| and
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| C. the award of the contract would not cause the | 20 |
| aggregate amount of
all such contracts so awarded to the | 21 |
| same person, firm, association,
partnership, corporation, | 22 |
| or cooperative association in the same fiscal
year to | 23 |
| exceed $2,000, except with respect to a board member of a | 24 |
| school
district in which the materials, merchandise, | 25 |
| property, services, or labor to
be provided under the | 26 |
| contract are not available from any other person, firm,
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| association, partnership, corporation, or cooperative | 2 |
| association in the
district, in which event the award of | 3 |
| the contract shall not cause the
aggregate amount of all | 4 |
| contracts so awarded to that same person, firm,
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| association, partnership, or cooperative association in | 6 |
| the same fiscal year to
exceed $5,000; and
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| D. such interested member publicly discloses the | 8 |
| nature and extent
of his interest prior to or during | 9 |
| deliberations concerning the proposed
award of the | 10 |
| contract; and
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| E. such interested member abstains from voting on the | 12 |
| award of the
contract, though he shall be considered | 13 |
| present for the purposes of
establishing a quorum.
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| (d) In addition to exemptions otherwise authorized by this | 15 |
| Section, any
board member may purchase for use as the board | 16 |
| member's primary place of
residence a house constructed by the | 17 |
| district's vocational education
students on the same basis that | 18 |
| any other person would be entitled to
purchase the property. | 19 |
| The sale of the house by the district must comply
with the | 20 |
| requirements set forth in Section 5-22 of The School Code.
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| (e) A contract for the procurement of public utility | 22 |
| services by a
district with a public utility company is not | 23 |
| barred by this Section by
one or more members of the board | 24 |
| being an officer or employee of the
public utility company or | 25 |
| holding an ownership interest of no more than
7 1/2% in the | 26 |
| public utility company, or holding an ownership interest of
any |
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| size if the school district has a population of less than 7,500 | 2 |
| and
the public utility's rates are approved by the Illinois | 3 |
| Commerce
Commission. An elected or appointed member of the | 4 |
| board having such an
interest shall be deemed not to have a | 5 |
| prohibited interest under this Section.
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| (f) Nothing contained in this Section, including the | 7 |
| restrictions set
forth in subsections (b), (c), (d) and (e), | 8 |
| shall preclude a contract of
deposit of monies, loans or other | 9 |
| financial services by a school
district with a local bank or | 10 |
| local savings and loan association,
regardless of whether a | 11 |
| member or members of the governing body of the
school district | 12 |
| are interested in such bank or savings and loan
association as | 13 |
| an officer or employee or as a holder of less than 7 1/2%
of the | 14 |
| total ownership interest. A member or members holding such an
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| interest in such a contract shall not be deemed to be holding a
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| prohibited interest for purposes of this Act. Such interested | 17 |
| member or
members of the governing body must publicly state the | 18 |
| nature and extent
of their interest during deliberations | 19 |
| concerning the proposed award of
such a contract, but shall not | 20 |
| participate in any further deliberations
concerning the | 21 |
| proposed award. Such interested member or members shall
not | 22 |
| vote on such a proposed award. Any member or members abstaining
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| from participation in deliberations and voting under this | 24 |
| Section may be
considered present for purposes of establishing | 25 |
| a quorum. Award of such
a contract shall require approval by a | 26 |
| majority vote of those members
presently holding office. |
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| Consideration and award of any such contract
in which a member | 2 |
| or members are interested may only be made at a
regularly | 3 |
| scheduled public meeting of the governing body of the school
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| district.
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| (g) Any school board member who violates this Section is | 6 |
| guilty of a
Class 4 felony and in addition thereto any office | 7 |
| held by such person so
convicted shall become vacant and shall | 8 |
| be so declared as part of the
judgment of the court.
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| (Source: P.A. 89-244, eff. 8-4-95.)
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| (105 ILCS 5/10-16.5) | 11 |
| Sec. 10-16.5. Oath of office. Each school board member, | 12 |
| before taking his or her seat on the board, shall take an oath | 13 |
| of office , administered as determined by the board, in | 14 |
| substantially the following form: | 15 |
| I, (name of member or successful candidate), do | 16 |
| solemnly swear (or affirm) that I will faithfully discharge | 17 |
| the duties of the office of member of the Board of | 18 |
| Education (or Board of School Directors, as the case may | 19 |
| be) of (name of school district), in accordance with the | 20 |
| Constitution of the United States, the Constitution of the | 21 |
| State of Illinois, and the laws of the State of Illinois, | 22 |
| to the best of my ability. | 23 |
| I further swear (or affirm) that: | 24 |
| I shall respect taxpayer interests by serving as a | 25 |
| faithful protector of the school district's assets;
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| I shall encourage and respect the free expression of | 2 |
| opinion by my fellow board members and others who seek a | 3 |
| hearing before the board, while respecting the privacy of | 4 |
| students and employees; | 5 |
| I shall recognize that a board member has no legal | 6 |
| authority as an individual and that decisions can be made | 7 |
| only by a majority vote at a public board meeting; and | 8 |
| I shall abide by majority decisions of the board, while | 9 |
| retaining the right to seek changes in such decisions | 10 |
| through ethical and constructive channels.
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| (Source: P.A. 94-881, eff. 6-20-06.)
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| (105 ILCS 5/10-20.6) (from Ch. 122, par. 10-20.6)
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| Sec. 10-20.6. Maintain Visit and inspect schools.
To visit, | 14 |
| inspect, and maintain the public schools under their | 15 |
| jurisdiction
as the good of the schools may require and in | 16 |
| conformance with the code
authorized in Section 2-3.12.
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| (Source: P.A. 87-984.)
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| (105 ILCS 5/10-20.19) (from Ch. 122, par. 10-20.19)
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| Sec. 10-20.19. Payment of orders. Subject to the provisions | 20 |
| of Article
1B in the case of a school district receiving | 21 |
| emergency State financial
assistance, the school board shall | 22 |
| pay all orders in accordance with Section
10-18 of this Act, | 23 |
| except as herein provided:
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| (1) It shall be lawful for the school board to submit to |
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| the
treasurer a certified copy of those portions of the board | 2 |
| minutes,
properly signed by the secretary and president, or a | 3 |
| majority of the
board, showing all bills approved for payment | 4 |
| by the board and clearly
showing to whom, and for what purpose | 5 |
| each payment is to be made by the
treasurer, and to what | 6 |
| budgetary item each payment shall be debited, and
such | 7 |
| certified copy shall serve as full authority to the treasurer | 8 |
| to
make the payments as thus approved; this shall not preclude | 9 |
| the use of a
voucher system, or any other system of sound | 10 |
| accounting and business
procedure, provided that such system | 11 |
| reflects the facts, and that the
same is in accordance with the | 12 |
| regulations prescribed by or approved by
the Superintendent of | 13 |
| Public Instruction.
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| (2) It shall be lawful for the school board by resolution | 15 |
| to
establish revolving funds for school cafeterias, lunch | 16 |
| rooms, athletics,
petty cash or similar purposes, provided such | 17 |
| funds are in the custody
of an employee who shall be bonded as | 18 |
| provided in Article 8 of this Act
for bonding school treasurers | 19 |
| and who shall be responsible to the board
and to the treasurer, | 20 |
| subject to regular annual audit by licensed public
accountants | 21 |
| and other such examinations as the school board shall deem
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| advisable and kept in accordance with regulations prescribed by | 23 |
| the
Superintendent of Public Instruction. A monthly report and | 24 |
| an annual
summary of all receipts and expenditures of the fund | 25 |
| shall be submitted
to the school board and the treasurer. All | 26 |
| funds advanced by the
treasurer to operate such revolving funds |
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| shall be carried on the
treasurer's books as cash obligations | 2 |
| due to the district and all
receipts of such revolving funds | 3 |
| shall be deposited daily in a bank or
savings and loan | 4 |
| association to
be approved by the treasurer, unless there is no | 5 |
| bank or savings
and loan association in the community,
in which | 6 |
| event receipts shall be deposited intact not less than once
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| each week in the bank or savings and loan association approved | 8 |
| by the
treasurer. All reimbursements to
any such revolving | 9 |
| funds from the district funds shall be completely
itemized as | 10 |
| to whom paid, for what purpose, and against what budgetary
item | 11 |
| the expenditure is chargeable.
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| No bank or savings and loan association shall receive | 13 |
| public funds as
permitted by this Section, unless it has | 14 |
| complied with the requirements
established pursuant to Section | 15 |
| 6 of "An Act relating to certain investments
of public funds by | 16 |
| public agencies", approved July 23, 1943, as now or hereafter
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| amended.
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| (3) The school board shall establish rules and regulations | 19 |
| governing
conditions under which school classes, clubs, and | 20 |
| associations may
collect or acquire funds in the name of any | 21 |
| school; and, under such
regulations as the Superintendent of | 22 |
| Public Instruction may prescribe,
provide for the safeguarding | 23 |
| of such funds for the educational,
recreational, or cultural | 24 |
| purposes they are designed to serve.
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| (4) It shall be lawful for the clerk or secretary of the | 26 |
| board to certify
to the school treasurer the amount of the |
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| obligation for Social Security
taxes as required by the Social | 2 |
| Security Enabling Act and the amount of recurring bills, such | 3 |
| as utility bills, showing the amount
and to whom payment is to | 4 |
| be made and what budgetary item or items the payment
shall be | 5 |
| debited from , and such certification shall serve as full | 6 |
| authority
to the treasurer to make such payment.
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| (Source: P.A. 86-954.)
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| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| Sec. 10-22.6. Suspension or expulsion of pupils; school | 10 |
| searches.
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| (a) To expel pupils guilty of gross disobedience or | 12 |
| misconduct, and
no action shall lie against them for such | 13 |
| expulsion. Expulsion shall
take place only after the parents | 14 |
| have been requested to appear at a
meeting of the board, or | 15 |
| with a hearing officer appointed by it, to
discuss their | 16 |
| child's behavior. Such request shall be made by registered
or | 17 |
| certified mail and shall state the time, place and purpose of | 18 |
| the
meeting. The board, or a hearing officer appointed by it, | 19 |
| at such
meeting shall state the reasons for dismissal and the | 20 |
| date on which the
expulsion is to become effective. If a | 21 |
| hearing officer is appointed by
the board he shall report to | 22 |
| the board a written summary of the evidence
heard at the | 23 |
| meeting and the board may take such action thereon as it
finds | 24 |
| appropriate.
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| (b) To suspend or by policy regulation to authorize the |
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| superintendent of
the district or the principal, assistant | 2 |
| principal, or dean of students
of any school to suspend pupils | 3 |
| guilty of gross disobedience or misconduct, or
to suspend | 4 |
| pupils guilty of gross disobedience or misconduct on the school | 5 |
| bus
from riding the school bus, and no action
shall lie against | 6 |
| them for such suspension. The board may by policy regulation
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| authorize the superintendent of the district or the principal, | 8 |
| assistant
principal, or dean of students of any
school to | 9 |
| suspend pupils guilty of such acts for a period not to exceed
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| 10 school days. If a pupil is suspended due to gross | 11 |
| disobedience or misconduct
on a school bus, the board may | 12 |
| suspend the pupil in excess of 10
school
days for safety | 13 |
| reasons. Any suspension shall be reported immediately to the
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| parents or guardian of such pupil along with a full statement | 15 |
| of the
reasons for such suspension and a notice of their right | 16 |
| to a review , a
copy of which shall be given to the school | 17 |
| board . The school board must be given a summary of the notice, | 18 |
| including the reason for the suspension and the suspension | 19 |
| length. Upon request of the
parents or guardian the school | 20 |
| board or a hearing officer appointed by
it shall review such | 21 |
| action of the superintendent or principal, assistant
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| principal, or dean of students. At such
review the parents or | 23 |
| guardian of the pupil may appear and discuss the
suspension | 24 |
| with the board or its hearing officer. If a hearing officer
is | 25 |
| appointed by the board he shall report to the board a written | 26 |
| summary
of the evidence heard at the meeting. After its hearing |
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| or upon receipt
of the written report of its hearing officer, | 2 |
| the board may take such
action as it finds appropriate.
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| (c) The Department of Human Services
shall be invited to | 4 |
| send a representative to consult with the board at
such meeting | 5 |
| whenever there is evidence that mental illness may be the
cause | 6 |
| for expulsion or suspension.
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| (d) The board may expel a student for a definite period of | 8 |
| time not to
exceed 2 calendar years, as determined on a case by | 9 |
| case basis.
A student who
is determined to have brought one of | 10 |
| the following objects to school, any school-sponsored activity
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| or event, or any activity or event that bears a reasonable | 12 |
| relationship to school shall be expelled for a period of not | 13 |
| less than
one year: | 14 |
| (1) A firearm. For the purposes of this Section, | 15 |
| "firearm" means any gun, rifle, shotgun, weapon as defined | 16 |
| by Section 921 of Title 18 of the United States Code, | 17 |
| firearm as defined in Section 1.1 of the Firearm Owners | 18 |
| Identification Card Act, or firearm as defined in Section | 19 |
| 24-1 of the Criminal Code of 1961. The expulsion period | 20 |
| under this subdivision (1) may be modified by the | 21 |
| superintendent, and the superintendent's determination may | 22 |
| be modified by the board on a case-by-case basis. | 23 |
| (2) A knife, brass knuckles or other knuckle weapon | 24 |
| regardless of its composition, a billy club, or any other | 25 |
| object if used or attempted to be used to cause bodily | 26 |
| harm, including "look alikes" of any firearm as defined in |
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| subdivision (1) of this subsection (d). The expulsion | 2 |
| requirement under this subdivision (2) may be modified by | 3 |
| the superintendent, and the superintendent's determination | 4 |
| may be modified by the board on a case-by-case basis. | 5 |
| Expulsion
or suspension
shall be construed in a
manner | 6 |
| consistent with the Federal Individuals with Disabilities | 7 |
| Education
Act. A student who is subject to suspension or | 8 |
| expulsion as provided in this
Section may be eligible for a | 9 |
| transfer to an alternative school program in
accordance with | 10 |
| Article 13A of the School Code. The provisions of this
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| subsection (d) apply in all school districts,
including special | 12 |
| charter districts and districts organized under Article 34.
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| (e) To maintain order and security in the schools, school | 14 |
| authorities may
inspect and search places and areas such as | 15 |
| lockers, desks, parking lots, and
other school property and | 16 |
| equipment owned or controlled by the school, as well
as | 17 |
| personal effects left in those places and areas by students, | 18 |
| without notice
to or the consent of the student, and without a | 19 |
| search warrant. As a matter of
public policy, the General | 20 |
| Assembly finds that students have no reasonable
expectation of | 21 |
| privacy in these places and areas or in their personal effects
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| left in these places and areas. School authorities may request | 23 |
| the assistance
of law enforcement officials for the purpose of | 24 |
| conducting inspections and
searches of lockers, desks, parking | 25 |
| lots, and other school property and
equipment owned or | 26 |
| controlled by the school for illegal drugs, weapons, or
other
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| illegal or dangerous substances or materials, including | 2 |
| searches conducted
through the use of specially trained dogs. | 3 |
| If a search conducted in accordance
with this Section produces | 4 |
| evidence that the student has violated or is
violating either | 5 |
| the law, local ordinance, or the school's policies or rules,
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| such evidence may be seized by school authorities, and | 7 |
| disciplinary action may
be taken. School authorities may also | 8 |
| turn over such evidence to law
enforcement authorities. The | 9 |
| provisions of this subsection (e) apply in all
school | 10 |
| districts, including special charter districts and districts | 11 |
| organized
under Article 34.
| 12 |
| (f) Suspension or expulsion may include suspension or | 13 |
| expulsion from
school and all school activities and a | 14 |
| prohibition from being present on school
grounds.
| 15 |
| (g) A school district may adopt a policy providing that if | 16 |
| a student
is suspended or expelled for any reason from any | 17 |
| public or private school
in this or any other state, the | 18 |
| student must complete the entire term of
the suspension or | 19 |
| expulsion before being admitted into the school
district. This | 20 |
| policy may allow placement of the student in an alternative
| 21 |
| school program established under Article 13A of this Code, if | 22 |
| available, for
the
remainder of the suspension or expulsion. | 23 |
| This subsection (g) applies to
all school districts, including | 24 |
| special charter districts and districts
organized under | 25 |
| Article 34 of this Code.
| 26 |
| (Source: P.A. 96-633, eff. 8-24-09.)
|
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| 1 |
| (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
| 2 |
| Sec. 10-23.5. Educational support personnel employees. | 3 |
| (a) To employ such
educational support personnel employees | 4 |
| as it deems advisable and to define
their employment duties; | 5 |
| provided that residency within any school district
shall not be | 6 |
| considered in determining the employment or the compensation of
| 7 |
| any such employee, or whether to retain, promote, assign or | 8 |
| transfer such
employee. If an educational support personnel | 9 |
| employee is removed or dismissed
or the hours he or she works | 10 |
| are reduced as a result of a decision of the school board (i) | 11 |
| to decrease the number of
educational support personnel | 12 |
| employees employed by the board or (ii) to discontinue
some | 13 |
| particular type of educational support service, written notice | 14 |
| shall be
mailed to the employee and also given to the employee | 15 |
| either by certified mail,
return receipt requested, or personal | 16 |
| delivery with receipt, at least 30 days before the employee is | 17 |
| removed or dismissed or the hours he or she works are reduced, | 18 |
| together with a statement of honorable dismissal and the reason
| 19 |
| therefor if applicable. However, if a reduction in hours is due | 20 |
| to an unforeseen reduction in the student population, then the | 21 |
| written notice must be mailed and given to the employee at | 22 |
| least 5 days before the hours are reduced. The employee with | 23 |
| the shorter length of continuing service with the
district, | 24 |
| within the respective category of position, shall be dismissed | 25 |
| first
unless an alternative method of determining the sequence |
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SB3515 Enrolled |
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LRB096 17732 NHT 35833 b |
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| 1 |
| of dismissal is
established in a collective bargaining | 2 |
| agreement or contract between the
board and any exclusive | 3 |
| bargaining agent and except that this provision shall
not | 4 |
| impair the operation of any affirmative action program in the | 5 |
| district,
regardless of whether it exists by operation of law | 6 |
| or is conducted on a
voluntary basis by the board. If the board | 7 |
| has any vacancies for the following
school term or within one | 8 |
| calendar year from the beginning of the following
school term, | 9 |
| the positions thereby becoming available within a specific
| 10 |
| category of position shall be tendered to the employees so | 11 |
| removed or dismissed
from that category or any other category | 12 |
| of position, so far as they are qualified to hold such
| 13 |
| positions. Each board shall, in consultation with any exclusive | 14 |
| employee
representative or bargaining agent, each year | 15 |
| establish a list, categorized
by positions, showing the length | 16 |
| of continuing service of each full time
educational support | 17 |
| personnel employee who is qualified to hold any such
positions, | 18 |
| unless an alternative method of determining a sequence of | 19 |
| dismissal
is established as
provided for in this Section, in | 20 |
| which case a list shall be made in
accordance with the | 21 |
| alternative method. Copies of the list shall be
distributed to | 22 |
| the exclusive employee representative or bargaining agent on
or | 23 |
| before February 1 of each year. Where an educational support | 24 |
| personnel
employee is dismissed by the board as a result of a
| 25 |
| decrease in the number of employees or the discontinuance of | 26 |
| the employee's
job, the employee shall be paid all earned |
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| compensation on or before the
next regular pay date third | 2 |
| business day following his or her last day of employment.
| 3 |
| The provisions of this amendatory Act of 1986 relating to | 4 |
| residency
within any school district shall not apply to cities | 5 |
| having a population
exceeding 500,000 inhabitants.
| 6 |
| (b) In the case of a new school district or districts | 7 |
| formed in accordance with Article 11E of this Code, a school | 8 |
| district or districts that annex all of the territory of one or | 9 |
| more entire other school districts in accordance with Article 7 | 10 |
| of this Code, or a school district receiving students from a | 11 |
| deactivated school facility in accordance with Section | 12 |
| 10-22.22b of this Code, the employment of educational support | 13 |
| personnel in the new, annexing, or receiving school district | 14 |
| immediately following the reorganization shall be governed by | 15 |
| this subsection (b). Lists of the educational support personnel | 16 |
| employed in the individual districts for the school year | 17 |
| immediately prior to the effective date of the new district or | 18 |
| districts, annexation, or deactivation shall be combined for | 19 |
| the districts forming the new district or districts, for the | 20 |
| annexed and annexing districts, or for the deactivating and | 21 |
| receiving districts, as the case may be. The combined list | 22 |
| shall be categorized by positions, showing the length of | 23 |
| continuing service of each full-time educational support | 24 |
| personnel employee who is qualified to hold any such position. | 25 |
| If there are more full-time educational support personnel | 26 |
| employees on the combined list than there are available |
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| 1 |
| positions in the new, annexing, or receiving school district, | 2 |
| then the employing school board shall first remove or dismiss | 3 |
| those educational support personnel employees with the shorter | 4 |
| length of continuing service within the respective category of | 5 |
| position, following the procedures outlined in subsection (a) | 6 |
| of this Section. The employment and position of each | 7 |
| educational support personnel employee on the combined list not | 8 |
| so removed or dismissed shall be transferred to the new, | 9 |
| annexing, or receiving school board, and the new, annexing, or | 10 |
| receiving school board is subject to this Code with respect to | 11 |
| any educational support personnel employee so transferred as if | 12 |
| the educational support personnel employee had been the new, | 13 |
| annexing, or receiving board's employee during the time the | 14 |
| educational support personnel employee was actually employed | 15 |
| by the school board of the district from which the employment | 16 |
| and position were transferred. | 17 |
| The changes made by Public Act 95-148
shall not apply to | 18 |
| the formation of a new district or districts in accordance with | 19 |
| Article 11E of this Code, the annexation of one or more entire | 20 |
| districts in accordance with Article 7 of this Code, or the | 21 |
| deactivation of a school facility in accordance with Section | 22 |
| 10-22.22b of this Code effective on or before July 1, 2007.
| 23 |
| (Source: P.A. 95-148, eff. 8-14-07; 95-396, eff. 8-23-07; | 24 |
| 95-876, eff. 8-21-08.)
| 25 |
| (105 ILCS 5/24-23) (from Ch. 122, par. 24-23)
|
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| Sec. 24-23. Teacher transcript of credits. Each teacher | 2 |
| shall file with the superintendent of the school in which
he is | 3 |
| teaching or, if there is no such superintendent, with the | 4 |
| Regional County
Superintendent of Schools a complete | 5 |
| transcript of credits earned in
recognized institutions of | 6 |
| higher learning attended by him. On or before September 1 of | 7 |
| each year thereafter, unless otherwise provided in a collective | 8 |
| bargaining agreement, every On each July
1st following the date | 9 |
| of filing such transcript each teacher shall so file
a | 10 |
| transcript of any credits that have been so earned since the | 11 |
| date the
last transcript was filed.
| 12 |
| Such record of credits shall be used as the base for | 13 |
| determining the
minimum salary for such teachers as provided by | 14 |
| Section 24--8 of this Act.
| 15 |
| (Source: Laws 1961, p. 31.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 105 ILCS 5/8-16 |
from Ch. 122, par. 8-16 |
| 4 |
| 105 ILCS 5/10-7 |
from Ch. 122, par. 10-7 |
| 5 |
| 105 ILCS 5/10-9 |
from Ch. 122, par. 10-9 |
| 6 |
| 105 ILCS 5/10-16.5 |
|
| 7 |
| 105 ILCS 5/10-20.6 |
from Ch. 122, par. 10-20.6 |
| 8 |
| 105 ILCS 5/10-20.19 |
from Ch. 122, par. 10-20.19 |
| 9 |
| 105 ILCS 5/10-22.6 |
from Ch. 122, par. 10-22.6 |
| 10 |
| 105 ILCS 5/10-23.5 |
from Ch. 122, par. 10-23.5 |
| 11 |
| 105 ILCS 5/24-23 |
from Ch. 122, par. 24-23 |
| |
|