Full Text of SB1955 93rd General Assembly
SB1955ham001 93RD GENERAL ASSEMBLY
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Rep. Michael J. Madigan
Filed: 5/17/2004
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| AMENDMENT TO SENATE BILL 1955
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| AMENDMENT NO. ______. Amend Senate Bill 1955 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Sections | 5 |
| 1A-1, 1A-4, 2-3.6, 10-19, 21-1b, 21-1c, 21-12, and 34-18 and by | 6 |
| adding Sections 1A-10, 2-3.47a, 2-3.62a, and 3-14.30 as | 7 |
| follows:
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| (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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| Sec. 1A-1. Members and terms.
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| (a) (Blank).
The term of each member of the State Board of | 11 |
| Education who is in
office on the effective date of this | 12 |
| amendatory Act of 1996 shall terminate
on January 1, 1997
or | 13 |
| when all of the new members initially to be
appointed under | 14 |
| this amendatory Act of 1996 are appointed by the Governor as
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| provided in subsection (b), whichever last occurs.
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| (b) The
Beginning
on January 1, 1997 or when all of the new | 17 |
| members initially to be appointed
under this subsection are | 18 |
| appointed by the Governor, whichever last occurs,
and | 19 |
| thereafter, the State Board of
Education shall consist of 8
9
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| members and a chairperson , who shall be appointed by the
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| Governor with the advice and consent
of the Senate from a | 22 |
| pattern of regional representation as follows: 2
appointees | 23 |
| shall be selected from among those counties of the State other
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| than Cook County and the 5 counties contiguous to Cook County; |
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| 2 appointees shall be selected from
Cook County, one of whom | 2 |
| shall be a resident of the City of
Chicago and one of whom | 3 |
| shall be a resident of that
part of Cook County
which lies | 4 |
| outside the city limits of Chicago; 2
appointees shall be
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| selected from among the 5 counties of the State that are | 6 |
| contiguous to Cook
County; and 3 members
shall be selected as | 7 |
| members-at-large (one of which shall be the chairperson) . The | 8 |
| Governor who takes office on the second Monday of January after | 9 |
| his or her election shall be the person who nominates members | 10 |
| to fill vacancies whose terms begin after that date and before | 11 |
| the term of the next Governor begins. | 12 |
| The term of each member of the State Board of Education | 13 |
| whose term expires on January 12, 2005 shall instead terminate | 14 |
| on the effective date of this amendatory Act of the 93rd | 15 |
| General Assembly. Of these 3 seats, (i) the member initially | 16 |
| appointed pursuant to this amendatory Act of the 93rd General | 17 |
| Assembly whose seat was vacant on April 27, 2004 shall serve | 18 |
| until the second Wednesday of January, 2009 and (ii) the other | 19 |
| 2 members initially appointed pursuant to this amendatory Act | 20 |
| of the 93rd General Assembly shall serve until the second | 21 |
| Wednesday of January, 2007. | 22 |
| The term of the member of the State Board of Education | 23 |
| whose seat was vacant on April 27, 2004 and whose term expires | 24 |
| on January 10, 2007 shall instead terminate on the effective | 25 |
| date of this amendatory Act of the 93rd General Assembly. The | 26 |
| member initially appointed pursuant to this amendatory Act of | 27 |
| the 93rd General Assembly to fill this seat shall be the | 28 |
| chairperson and shall serve until the second Wednesday of | 29 |
| January, 2007. As determined by the State Board of Education by | 30 |
| lot, the term of one of the other 2 members whose term expires | 31 |
| on January 10, 2007 shall instead terminate on the effective | 32 |
| date of this amendatory Act of the 93rd General Assembly. The | 33 |
| member initially appointed pursuant to this amendatory Act of | 34 |
| the 93rd General Assembly to fill this seat shall serve until |
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| the second Wednesday of January, 2007.
At no time
may more than | 2 |
| 5
members of the Board be from one political party. Party | 3 |
| membership is
defined as having voted in the primary of the | 4 |
| party in the last primary
before appointment. The 9 members | 5 |
| initially appointed pursuant to
this
amendatory Act of 1996 | 6 |
| shall draw lots to determine
3 of their number who shall serve | 7 |
| until the second Wednesday of January,
2003, 3 of their number | 8 |
| who shall serve until the second Wednesday of January,
2001, | 9 |
| and 3 of their number who shall serve until the second | 10 |
| Wednesday of
January, 1999. Upon expiration of the terms of the | 11 |
| members initially appointed
under this amendatory Act of the | 12 |
| 93rd General Assembly and members whose terms were not | 13 |
| terminated by this amendatory Act of the 93rd General Assembly
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| 1996 , their respective successors shall be
appointed for terms | 15 |
| of 4
6 years, from the second Wednesday in January of each
odd
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| numbered year and until their respective successors are | 17 |
| appointed and
qualified. | 18 |
| (c) Of the 4 members, excluding the chairperson, whose | 19 |
| terms expire on the second Wednesday of January, 2007 and every | 20 |
| 4 years thereafter, one of those members must be an at-large | 21 |
| member and at no time may more than 2 of those members be from | 22 |
| one political party. Of the 4 members whose terms expire on the | 23 |
| second Wednesday of January, 2009 and every 4 years thereafter, | 24 |
| one of those members must be an at-large member and at no time | 25 |
| may more than 2 of those members be from one political party. | 26 |
| Party membership is defined as having voted in the primary of | 27 |
| the party in the last primary before appointment.
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| (d) Vacancies in terms shall be filled by appointment by | 29 |
| the
Governor with the advice and consent of the Senate for the | 30 |
| extent of the
unexpired term.
If a vacancy in membership occurs | 31 |
| at a time when the Senate is not in
session, the Governor shall | 32 |
| make a temporary appointment until the next meeting
of the | 33 |
| Senate, when the Governor shall appoint a person to fill that | 34 |
| membership
for the remainder of its term. If the Senate is not |
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| in session when
appointments for a full term are made, the | 2 |
| appointments shall be made as in the
case of vacancies.
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| (Source: P.A. 89-610, eff. 8-6-96.)
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| (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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| Sec. 1A-4. Powers and duties of the Board.
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| A. (Blank).
Upon the appointment of new Board members as | 7 |
| provided in subsection (b)
of
Section 1A-1 and every 2 years | 8 |
| thereafter, the chairperson of the Board shall
be selected by | 9 |
| the
Governor, with the advice and consent of the Senate, from | 10 |
| the membership of the
Board to serve as chairperson for 2 | 11 |
| years.
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| B. The Board shall determine the qualifications of and | 13 |
| appoint a
chief education officer to be known as the State | 14 |
| Superintendent of
Education who shall serve at the pleasure of | 15 |
| the Board and pursuant to a
performance-based contract linked | 16 |
| to statewide student performance and academic
improvement | 17 |
| within Illinois schools. Appointment of a State Superintendent | 18 |
| of Education shall be made by the State Board of Education that | 19 |
| includes the members of the Board whose terms begin after the | 20 |
| effective date of this amendatory Act of the 93rd General | 21 |
| Assembly and then by the State Board of Education that includes | 22 |
| the members of the Board whose terms begin on the second | 23 |
| Wednesday of January, 2007 and each 4 years thereafter.
A
No | 24 |
| performance-based
contract issued for the employment of a
the | 25 |
| State Superintendent of
Education entered into on or after the | 26 |
| effective date of this amendatory Act of the 93rd General | 27 |
| Assembly must expire no later than February 1, 2007, and | 28 |
| subsequent contracts must expire no later than each 4 years | 29 |
| thereafter. No
shall be for a term longer than 3 years and no | 30 |
| contract
shall be
extended or renewed beyond February 1, 2007 | 31 |
| and each 4 years thereafter, but a State Superintendent of | 32 |
| Education shall serve until his or her successor is appointed
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| prior to its scheduled expiration unless the performance
and |
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| improvement goals contained in the contract have been met . With | 2 |
| regard to this amendatory Act of the 93rd General Assembly, it | 3 |
| is the intent of the General Assembly that a State | 4 |
| Superintendent of Education be appointed at the beginning of | 5 |
| each term of a Governor after that Governor has made | 6 |
| appointments to the Board. The State
Superintendent of | 7 |
| Education shall not serve as a member of the State
Board of | 8 |
| Education. The Board shall set the compensation of the State
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| Superintendent of Education who shall serve as the Board's | 10 |
| chief
executive officer. The Board shall also establish the | 11 |
| duties, powers and
responsibilities of the State | 12 |
| Superintendent, which shall be included in the
State | 13 |
| Superintendent's performance-based contract along with the | 14 |
| goals and
indicators of student performance and academic | 15 |
| improvement used to measure the
performance and effectiveness | 16 |
| of the State Superintendent.
The State Board of Education may | 17 |
| delegate
to the State Superintendent of Education the authority | 18 |
| to act on the Board's
behalf, provided such delegation is made | 19 |
| pursuant to adopted board policy
or the powers delegated are | 20 |
| ministerial in nature. The State Board may
not delegate | 21 |
| authority under this Section to the State Superintendent to
(1) | 22 |
| nonrecognize school districts, (2) withhold State payments as a | 23 |
| penalty,
or (3) make final decisions under the contested case | 24 |
| provisions of the Illinois
Administrative Procedure Act unless | 25 |
| otherwise provided by law.
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| C. The powers and duties of the State Board of Education | 27 |
| shall encompass all
duties delegated to the Office of | 28 |
| Superintendent of Public Instruction on
January 12, 1975, | 29 |
| except as the law providing for such powers and duties is
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| thereafter amended, and such other powers and duties as the | 31 |
| General Assembly
shall designate. The Board shall be | 32 |
| responsible for the educational policies
and guidelines for | 33 |
| public schools, pre-school through grade
12 and Vocational | 34 |
| Education in the State of Illinois. The Board shall
analyze the |
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| present and future aims, needs, and requirements of
education | 2 |
| in the State of Illinois and recommend to the General Assembly
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| the powers which should be exercised by the Board. The Board | 4 |
| shall
recommend the passage and the legislation necessary to | 5 |
| determine the
appropriate relationship between the Board and | 6 |
| local boards of education
and the various State agencies and | 7 |
| shall recommend desirable
modifications in the laws which | 8 |
| affect schools.
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| D. Two members of the Board shall be appointed by the | 10 |
| chairperson
to serve on a standing joint Education Committee, 2 | 11 |
| others shall be
appointed from the Board of Higher Education, 2
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| others shall be appointed by the chairperson of the
Illinois | 13 |
| Community College Board, and 2 others shall be appointed by the
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| chairperson of the Human Resource Investment Council. The
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| Committee shall be
responsible for making recommendations | 16 |
| concerning the submission of any
workforce development plan or | 17 |
| workforce training program required by federal
law or under any | 18 |
| block grant authority. The Committee will be
responsible for | 19 |
| developing policy on matters of mutual concern to
elementary, | 20 |
| secondary and higher education such as Occupational and
Career | 21 |
| Education, Teacher Preparation and Certification, Educational
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| Finance, Articulation between Elementary, Secondary and Higher | 23 |
| Education
and Research and Planning. The joint Education | 24 |
| Committee shall meet at
least quarterly and submit an annual | 25 |
| report of its findings,
conclusions, and recommendations to the | 26 |
| State Board of Education, the Board of
Higher Education, the | 27 |
| Illinois Community College Board,
the Human Resource | 28 |
| Investment Council, the Governor, and the
General
Assembly. All | 29 |
| meetings of this Committee shall be official meetings for
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| reimbursement under this Act.
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| E. Five members of the Board shall constitute a quorum. A
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| majority
vote of the members appointed, confirmed and serving | 33 |
| on the Board is
required to approve any action.
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| The Board shall prepare and submit to the General Assembly |
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| and the
Governor on or before January 14, 1976 and annually | 2 |
| thereafter a report
or reports of its findings and | 3 |
| recommendations. Such annual report shall
contain a separate | 4 |
| section which provides a critique and analysis of the
status of | 5 |
| education in Illinois and which identifies its specific | 6 |
| problems
and recommends express solutions therefor.
Such | 7 |
| annual report also shall contain the following information for | 8 |
| the
preceding year ending on June 30: each act or omission of a | 9 |
| school district
of which the State Board of Education has | 10 |
| knowledge as a consequence of
scheduled, approved visits and | 11 |
| which constituted a
failure by the district to comply with | 12 |
| applicable State or federal laws or
regulations relating to | 13 |
| public education, the name of such district, the date
or dates | 14 |
| on which the State Board of Education notified the school | 15 |
| district of
such act or omission, and what action, if any, the | 16 |
| school district took with
respect thereto after being notified | 17 |
| thereof by the State Board of Education.
The report shall also | 18 |
| include the statewide high school dropout rate by
grade level, | 19 |
| sex and race and the annual student dropout rate of and the
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| number of students who graduate from, transfer from or | 21 |
| otherwise leave
bilingual programs. The Auditor General shall | 22 |
| annually perform a
compliance audit of the State Board of | 23 |
| Education's performance of the
reporting duty imposed by this | 24 |
| amendatory Act of 1986. A regular system of
communication with | 25 |
| other directly related State agencies shall be
implemented.
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| The requirement for reporting to the General Assembly shall | 27 |
| be satisfied
by filing copies of the report with the Speaker, | 28 |
| the Minority Leader and
the Clerk of the House of | 29 |
| Representatives and the President, the Minority
Leader and the | 30 |
| Secretary of the Senate and the Legislative Council, as | 31 |
| required
by Section 3.1 of the General
Assembly Organization | 32 |
| Act, and
filing such additional
copies with the State | 33 |
| Government Report Distribution Center for the General
Assembly | 34 |
| as is required under paragraph (t) of Section 7 of the State |
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| Library
Act.
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| F. Upon appointment of the 5 new Board members pursuant to | 3 |
| this amendatory Act of the 93rd General Assembly, the Board | 4 |
| shall review all of its current rules in an effort to | 5 |
| streamline procedures, improve efficiency, and eliminate | 6 |
| unnecessary forms and paperwork.
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| (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; | 8 |
| 89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
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| (105 ILCS 5/1A-10 new)
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| Sec. 1A-10. Divisions of Board.
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| (a) Division of Teaching and Learning Services. Within the | 12 |
| State Board of Education, there is created a Division of | 13 |
| Teaching and Learning Services, which shall provide services to | 14 |
| improve the capacity of schools to assure that all students | 15 |
| meet or exceed the State learning standards. The Division shall | 16 |
| oversee, but not be limited to, the following: | 17 |
| (1) Curriculum and Instruction. | 18 |
| (2) Early Childhood Development, which shall include, | 19 |
| but not be limited to, providing support for education | 20 |
| programs for children ages 0 through 8.
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| (3) Programs for At-Risk Students, which shall | 22 |
| include, but not be limited to, the following: | 23 |
| (A) Regional Safe Schools under Article 13A of this | 24 |
| Code. | 25 |
| (B) The Truant Alternative Optional Education | 26 |
| Program. | 27 |
| (4) Federal Grants and Programs. | 28 |
| (5) Instructional Technology. | 29 |
| (b) Division of School Support Services. Within the State | 30 |
| Board of Education, there is created a Division of School | 31 |
| Support Services, which shall oversee, but not be limited to, | 32 |
| the following: | 33 |
| (1) Assessment and Accountability, which shall |
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| include, but not be limited to, the following: | 2 |
| (A) Develop the State assessment program as | 3 |
| required by State and federal law. | 4 |
| (B) Determine if schools are meeting the | 5 |
| requirements of State and federal law. | 6 |
| (2) School Improvement and Awards, which shall | 7 |
| include, but not be limited to, the following: | 8 |
| (A) Assist school districts in need of academic | 9 |
| improvement services. | 10 |
| (B) Recognize exemplary schools. | 11 |
| (3) Data and Research, which shall include, but not be | 12 |
| limited to, legal services. | 13 |
| (4) Web Services. | 14 |
| (5) Transportation Services. | 15 |
| (6) Food Service and Nutrition Services. | 16 |
| (c) Division of Fiscal Support Services. Within the State | 17 |
| Board of Education, there is created a Division of Fiscal | 18 |
| Support Services, which shall oversee, but not be limited to, | 19 |
| the following: | 20 |
| (1) School Business Support, which shall include, but | 21 |
| not be limited to, the following: | 22 |
| (A) Determine the financial ranking of school | 23 |
| districts. | 24 |
| (B) Assist school districts with business | 25 |
| management functions. | 26 |
| (C) Address school funding and disbursement | 27 |
| issues. | 28 |
| (2) School Construction, which shall include functions | 29 |
| in accordance with the School Construction Law. | 30 |
| (d) Division of Special Education Services. Within the | 31 |
| State Board of Education, there is created a Division of | 32 |
| Special Education Services, which shall report directly to the | 33 |
| State Superintendent of Education on special education issues. | 34 |
| (e) Office of the Internal Auditor. Within the State Board |
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| of Education, there is created an Office of the Internal | 2 |
| Auditor, which shall report directly to the State | 3 |
| Superintendent of Education. | 4 |
| (f) Office of Human Resources. Within the State Board of | 5 |
| Education, there is created an Office of Human Resources, which | 6 |
| shall report directly to the State Superintendent of Education.
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| (105 ILCS 5/2-3.6) (from Ch. 122, par. 2-3.6)
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| Sec. 2-3.6. Rules and policies . To make rules and policies, | 9 |
| in accordance with the Illinois Administrative Procedure Act,
| 10 |
| necessary to carry into efficient and uniform effect all
laws | 11 |
| for establishing and maintaining free schools in the State. No | 12 |
| rule or policy of the State Board of Education may supercede | 13 |
| federal or State law, unless otherwise authorized by law.
| 14 |
| (Source: Laws 1961, p. 31.)
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| (105 ILCS 5/2-3.47a new) | 16 |
| Sec. 2-3.47a. Strategic plan. | 17 |
| (a) The State Board of Education shall develop and maintain | 18 |
| a continuing 5-year comprehensive strategic plan for | 19 |
| elementary and secondary education. The strategic plan shall | 20 |
| include without limitation all of the following topic areas: | 21 |
| (1) Service and support to school districts to improve | 22 |
| student performance. | 23 |
| (2) Equity, adequacy, and predictability of | 24 |
| educational opportunities and resources for all schools. | 25 |
| (3) Program development and improvements, including | 26 |
| financial planning and support services. | 27 |
| (4) Efficient means of delivering services to schools | 28 |
| on a regional basis. | 29 |
| (5) Assistance to students at risk of academic failure | 30 |
| and the use of proven support programs and services to | 31 |
| close the achievement gap. | 32 |
| (6) Educational research and development and access |
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| and training in the use of a centralized student | 2 |
| achievement data system. | 3 |
| (7) Recommendations for streamlining the School Code | 4 |
| to eliminate rules that interfere with local control, | 5 |
| taking into account those foundational standards that have | 6 |
| already been established. | 7 |
| (8) Streamlining certification of teachers and | 8 |
| administrators to provide quality personnel and ongoing | 9 |
| professional development. | 10 |
| (9) Support services to enhance the capacity of school | 11 |
| districts to meet federal and State statutory standards. | 12 |
| (10) Enhanced technology for use in administration, | 13 |
| classroom, and nontraditional educational settings. | 14 |
| (11) Recognition of successful, exemplary schools. | 15 |
| (12) The unique needs of rural school districts. | 16 |
| (13) School reorganization issues. | 17 |
| (14) Attraction and retention of qualified teachers. | 18 |
| (15) Additional duties that should be assigned to | 19 |
| regional offices of education and regional administrative | 20 |
| service centers to support local control of school | 21 |
| districts and eliminate any duplication and inefficiency.
| 22 |
| The State Board of Education shall consult with the educational | 23 |
| community, hold public hearings, and receive input from all | 24 |
| interested groups in drafting the strategic plan. | 25 |
| (b) To meet the requirements of this Section, the State | 26 |
| Board of Education shall issue to the Governor and General | 27 |
| Assembly a preliminary report within 6 months after the | 28 |
| effective date of this amendatory Act of the 93rd General | 29 |
| Assembly and a final 5-year strategic plan within one year | 30 |
| after the effective date of this amendatory Act of the 93rd | 31 |
| General Assembly. Thereafter, the strategic plan shall be | 32 |
| updated and issued to the Governor and General Assembly on or | 33 |
| before July 1 of each year. |
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| (105 ILCS 5/2-3.62a new) | 2 |
| Sec. 2-3.62a. Regional administrative service centers. | 3 |
| (a) The State Board of Education shall provide for the | 4 |
| establishment and operation of not more than 15 regional | 5 |
| administrative service centers.
The regional administrative | 6 |
| service centers shall be located throughout the State based on | 7 |
| the location of the 15 regional learning technology centers | 8 |
| established by the State Board of Education. Within 3 years | 9 |
| after the effective date of this amendatory Act of the 93rd | 10 |
| General Assembly, the State Board of Education shall report to | 11 |
| the Governor and General Assembly concerning the effectiveness | 12 |
| of these regional administrative service centers. | 13 |
| (b) The regional administrative service centers shall | 14 |
| perform all of the following functions: | 15 |
| (1) Coordinate the delivery of educational resources | 16 |
| and support services statewide, including assistance in | 17 |
| complying with State and federal laws. | 18 |
| (2) Create greater accountability and quality of | 19 |
| services from regional offices of education, including | 20 |
| financial oversight and budget review of the regional | 21 |
| offices of education. | 22 |
| (3) Issue annual report cards, in cooperation with | 23 |
| school districts, for regional offices of education, | 24 |
| grading without limitation all of the following: | 25 |
| (A) The efficiency and effectiveness of school | 26 |
| districts served resulting from technical assistance | 27 |
| and program support. | 28 |
| (B) The regional delivery of quality services. | 29 |
| (C) School district satisfaction. | 30 |
| (D) Delivery of support services that enhance | 31 |
| student performance.
| 32 |
| The report cards must be issued in conjunction with school | 33 |
| report cards under Section 10-17a of this Code.
| 34 |
| (4) Direct services provided to assist schools |
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| designated as not meeting Illinois Learning Standards or | 2 |
| federal student performance standards. | 3 |
| (5) Support programs and services to achieve | 4 |
| uniformity among the academic performance of students | 5 |
| statewide. | 6 |
| (6) Provide services to school districts to operate | 7 |
| more efficiently and economically, including assistance | 8 |
| with financial planning. | 9 |
| (c) A regional administrative service center may not | 10 |
| adjudicate or enforce compliance with applicable laws or rules. | 11 |
| (105 ILCS 5/3-14.30 new) | 12 |
| Sec. 3-14.30. Grant applications. To assist and support | 13 |
| school districts with the preparation and submission of grant | 14 |
| applications.
| 15 |
| (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
| 16 |
| Sec. 10-19. Length of school term - experimental programs. | 17 |
| Each school
board shall annually prepare a calendar for the | 18 |
| school term, specifying
the opening and closing dates and | 19 |
| providing a minimum term of at least 185
days to insure 176 | 20 |
| days of actual pupil attendance, computable under Section
| 21 |
| 18-8.05, except that for the 1980-1981 school year only 175 | 22 |
| days
of actual
pupil attendance shall be required because of | 23 |
| the closing of schools pursuant
to Section 24-2 on January 29, | 24 |
| 1981 upon the appointment by the President
of that day as a day | 25 |
| of thanksgiving for the freedom of the Americans who
had been | 26 |
| held hostage in Iran. Any days allowed by law for teachers'
| 27 |
| institute but not used as such or used as parental institutes | 28 |
| as provided
in Section 10-22.18d shall increase the minimum | 29 |
| term by the school days not
so used. Except as provided in | 30 |
| Section 10-19.1, the board may not extend
the school term | 31 |
| beyond such closing date unless that extension of term is
| 32 |
| necessary to provide the minimum number of computable days. In |
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| case of
such necessary extension school employees
shall be paid | 2 |
| for such additional time on the basis of their regular
| 3 |
| contracts. A school board may specify a closing date earlier | 4 |
| than that
set on the annual calendar when the schools of the | 5 |
| district have
provided the minimum number of computable days | 6 |
| under this Section.
Nothing in this Section prevents the board | 7 |
| from employing
superintendents of schools, principals and | 8 |
| other nonteaching personnel
for a period of 12 months, or in | 9 |
| the case of superintendents for a
period in accordance with | 10 |
| Section 10-23.8, or prevents the board from
employing other | 11 |
| personnel before or after the regular school term with
payment | 12 |
| of salary proportionate to that received for comparable work
| 13 |
| during the school term.
| 14 |
| A school board may make such changes in its calendar for | 15 |
| the school term
as may be required by any changes in the legal | 16 |
| school holidays prescribed
in Section 24-2. A school board may | 17 |
| make changes in its calendar for the
school term as may be | 18 |
| necessary to reflect the utilization of teachers'
institute | 19 |
| days as parental institute days as provided in Section | 20 |
| 10-22.18d.
| 21 |
| The calendar for the school term and any changes must be | 22 |
| submitted to and approved by the regional superintendent of | 23 |
| schools before the calendar or changes may take effect.
| 24 |
| With the prior approval of the State Board of Education and | 25 |
| subject
to review by the State Board of Education every 3 | 26 |
| years, any school
board may, by resolution of its board and in | 27 |
| agreement with affected
exclusive collective bargaining | 28 |
| agents, establish experimental
educational programs, including | 29 |
| but not limited to programs for
self-directed learning or | 30 |
| outside of formal class periods, which programs
when so | 31 |
| approved shall be considered to comply with the requirements of
| 32 |
| this Section as respects numbers of days of actual pupil | 33 |
| attendance and
with the other requirements of this Act as | 34 |
| respects courses of instruction.
|
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| (Source: P.A. 91-96, eff. 7-9-99.)
| 2 |
| (105 ILCS 5/21-1b) (from Ch. 122, par. 21-1b)
| 3 |
| Sec. 21-1b. Subject endorsement on certificates. All | 4 |
| certificates
initially issued under this Article after June 30, | 5 |
| 1986, shall be
specifically endorsed by the State Board of | 6 |
| Education for each subject the
holder of the certificate is | 7 |
| legally qualified to teach, such endorsements
to be made in | 8 |
| accordance with standards promulgated by the State Board of
| 9 |
| Education in consultation with the State Teacher Certification | 10 |
| Board. The regional superintendent of schools, however, has the | 11 |
| duty, after appropriate training, to accept and review all | 12 |
| transcripts for new initial certificate applications and | 13 |
| ensure that each applicant has met all of the criteria | 14 |
| established by the State Board of Education in consultation | 15 |
| with the State Teacher Certification Board. All
certificates | 16 |
| which are issued under this Article prior to July 1, 1986 may,
| 17 |
| by application to the State Board of Education, be specifically | 18 |
| endorsed
for each subject the holder is legally qualified to | 19 |
| teach. Endorsements
issued under this Section shall not apply | 20 |
| to substitute teacher's
certificates issued under Section 21-9 | 21 |
| of this Code.
| 22 |
| Commencing July 1, 1999, each application for endorsement | 23 |
| of an existing
teaching certificate shall be accompanied by a | 24 |
| $30 nonrefundable fee. There is hereby created a Teacher | 25 |
| Certificate
Fee
Revolving Fund as a special fund within the | 26 |
| State Treasury. The proceeds of
each $30 fee shall be paid into | 27 |
| the Teacher
Certificate Fee Revolving
Fund; and the moneys in | 28 |
| that Fund shall be appropriated and used to provide the
| 29 |
| technology and other resources necessary for the timely and | 30 |
| efficient
processing of certification requests.
| 31 |
| (Source: P.A. 91-102, eff. 7-12-99.)
| 32 |
| (105 ILCS 5/21-1c) (from Ch. 122, par. 21-1c)
|
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| Sec. 21-1c. Exclusive certificate authority. Only the | 2 |
| State Board of
Education and State Teacher Certification Board, | 3 |
| acting in accordance with
the applicable provisions of this Act | 4 |
| and the rules, regulations and
standards promulgated | 5 |
| thereunder, shall have the authority to issue or
endorse any | 6 |
| certificate required for teaching, supervising or holding
| 7 |
| certificated employment in the public schools; and no other | 8 |
| State agency
shall have any power or authority (i) to establish | 9 |
| or prescribe any
qualifications or other requirements | 10 |
| applicable to the issuance or
endorsement of any such | 11 |
| certificate, or (ii) to establish or prescribe any
licensure or | 12 |
| equivalent requirement which must be satisfied in order to
| 13 |
| teach, supervise or hold certificated employment in the public | 14 |
| schools.
The regional superintendent of schools, however, has | 15 |
| the duty, after appropriate training, to accept and review all | 16 |
| transcripts for new initial certificate applications and | 17 |
| ensure that each applicant has met all of the criteria | 18 |
| established by the State Board of Education in consultation | 19 |
| with the State Teacher Certification Board.
This Section does | 20 |
| not prohibit the State Board of Education, in consultation
with | 21 |
| the State Teacher Certification Board, from delegating
to | 22 |
| regional superintendents of schools the authority to grant | 23 |
| temporary
employment
authorizations to teacher applicants | 24 |
| whose qualifications have been confirmed
by
the State Board of | 25 |
| Education, in consultation with the State Teacher
| 26 |
| Certification Board.
| 27 |
| (Source: P.A. 91-102, eff. 7-12-99.)
| 28 |
| (105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
| 29 |
| Sec. 21-12. Printing; Seal; Signature; Credentials.
All | 30 |
| certificates shall be printed by and bear the signatures of the | 31 |
| chairman
and of the secretary of the State Teacher | 32 |
| Certification Board. Each
certificate shall show the | 33 |
| integrally printed seal of the State Teacher
Certification |
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| Board. All college credentials offered as the basis
of a | 2 |
| certificate shall be presented to the secretary of the State
| 3 |
| Teacher Certification Board for inspection and approval. The | 4 |
| regional superintendent of schools, however, has the duty, | 5 |
| after appropriate training, to accept and review all | 6 |
| transcripts for new initial certificate applications and | 7 |
| ensure that each applicant has met all of the criteria | 8 |
| established by the State Board of Education in consultation | 9 |
| with the State Teacher Certification Board.
| 10 |
| Commencing July 1, 1999, each application for a certificate | 11 |
| or evaluation
of credentials shall be accompanied by an | 12 |
| evaluation fee of $30 payable to the
State Superintendent of | 13 |
| Education, which is not
refundable, except that no application | 14 |
| or evaluation fee shall be required
for a Master Certificate | 15 |
| issued pursuant to subsection (d) of Section 21-2 of
this Code. | 16 |
| The proceeds of each $30 fee shall be paid into the Teacher
| 17 |
| Certificate Fee Revolving Fund, created under Section 21-1b of | 18 |
| this Code;
and the moneys in that Fund shall be appropriated | 19 |
| and used to provide the
technology and other resources | 20 |
| necessary for the timely and efficient
processing of | 21 |
| certification requests.
| 22 |
| When evaluation verifies the requirements for a valid | 23 |
| certificate,
the applicant shall be issued an entitlement card | 24 |
| that may be presented
to a regional superintendent of schools | 25 |
| for issuance of a certificate.
| 26 |
| The applicant shall be notified of any deficiencies.
| 27 |
| (Source: P.A. 91-102, eff. 7-12-99; 91-357, eff. 7-29-99.)
| 28 |
| (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 29 |
| Sec. 34-18. Powers of the board. The board shall exercise | 30 |
| general
supervision and jurisdiction over the public education | 31 |
| and the public
school system of the city, and, except as | 32 |
| otherwise provided by this
Article, shall have power:
| 33 |
| 1. To make suitable provision for the establishment and |
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| maintenance
throughout the year or for such portion thereof | 2 |
| as it may direct, not
less than 9 months, of schools of all | 3 |
| grades and kinds, including normal
schools, high schools, | 4 |
| night schools, schools for defectives and
delinquents, | 5 |
| parental and truant schools, schools for the blind, the
| 6 |
| deaf and the crippled, schools or classes in manual | 7 |
| training,
constructural and vocational teaching, domestic | 8 |
| arts and physical
culture, vocation and extension schools | 9 |
| and lecture courses, and all
other educational courses and | 10 |
| facilities, including establishing,
equipping, maintaining | 11 |
| and operating playgrounds and recreational
programs, when | 12 |
| such programs are conducted in, adjacent to, or connected
| 13 |
| with any public school under the general supervision and | 14 |
| jurisdiction
of the board; provided , however, that the | 15 |
| calendar for the school term and any changes must be | 16 |
| submitted to and approved by the State Board of Education | 17 |
| before the calendar or changes may take effect, and | 18 |
| provided that in allocating funds
from year to year for the | 19 |
| operation of all attendance centers within the
district, | 20 |
| the board shall ensure that supplemental general State aid | 21 |
| funds
are allocated and applied in accordance with Section | 22 |
| 18-8 or 18-8.05. To
admit to such
schools without charge | 23 |
| foreign exchange students who are participants in
an | 24 |
| organized exchange student program which is authorized by | 25 |
| the board.
The board shall permit all students to enroll in | 26 |
| apprenticeship programs
in trade schools operated by the | 27 |
| board, whether those programs are
union-sponsored or not. | 28 |
| No student shall be refused admission into or
be excluded | 29 |
| from any course of instruction offered in the common | 30 |
| schools
by reason of that student's sex. No student shall | 31 |
| be denied equal
access to physical education and | 32 |
| interscholastic athletic programs
supported from school | 33 |
| district funds or denied participation in
comparable | 34 |
| physical education and athletic programs solely by reason |
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 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
classroom | 12 |
| instruction and are included on the teacher's regular | 13 |
| education
class register;
| 14 |
| 2. To furnish lunches to pupils, to make a reasonable | 15 |
| charge
therefor, and to use school funds for the payment of | 16 |
| such expenses as
the board may determine are necessary in | 17 |
| conducting the school lunch
program;
| 18 |
| 3. To co-operate with the circuit court;
| 19 |
| 4. To make arrangements with the public or quasi-public | 20 |
| libraries
and museums for the use of their facilities by | 21 |
| teachers and pupils of
the public schools;
| 22 |
| 5. To employ dentists and prescribe their duties for | 23 |
| the purpose of
treating the pupils in the schools, but | 24 |
| accepting such treatment shall
be optional with parents or | 25 |
| guardians;
| 26 |
| 6. To grant the use of assembly halls and classrooms | 27 |
| when not
otherwise needed, including light, heat, and | 28 |
| attendants, for free public
lectures, concerts, and other | 29 |
| educational and social interests, free of
charge, under | 30 |
| such provisions and control as the principal of the
| 31 |
| affected attendance center may prescribe;
| 32 |
| 7. To apportion the pupils to the several schools; | 33 |
| provided that no pupil
shall be excluded from or segregated | 34 |
| in any such school on account of his
color, race, sex, or |
|
|
|
09300SB1955ham001 |
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| 1 |
| nationality. The board shall take into consideration
the | 2 |
| prevention of segregation and the elimination of | 3 |
| separation of children
in public schools because of color, | 4 |
| race, sex, or nationality. Except that
children may be | 5 |
| committed to or attend parental and social adjustment | 6 |
| schools
established and maintained either for boys or girls | 7 |
| only. All records
pertaining to the creation, alteration or | 8 |
| revision of attendance areas shall
be open to the public. | 9 |
| Nothing herein shall limit the board's authority to
| 10 |
| establish multi-area attendance centers or other student | 11 |
| assignment systems
for desegregation purposes or | 12 |
| otherwise, and to apportion the pupils to the
several | 13 |
| schools. Furthermore, beginning in school year 1994-95, | 14 |
| pursuant
to a board plan adopted by October 1, 1993, the | 15 |
| board shall offer, commencing
on a phased-in basis, the | 16 |
| opportunity for families within the school
district to | 17 |
| apply for enrollment of their children in any attendance | 18 |
| center
within the school district which does not have | 19 |
| selective admission
requirements approved by the board. | 20 |
| The appropriate geographical area in
which such open | 21 |
| enrollment may be exercised shall be determined by the
| 22 |
| board of education. Such children may be admitted to any | 23 |
| such attendance
center on a space available basis after all | 24 |
| children residing within such
attendance center's area | 25 |
| have been accommodated. If the number of
applicants from | 26 |
| outside the attendance area exceed the space available,
| 27 |
| then successful applicants shall be selected by lottery. | 28 |
| The board of
education's open enrollment plan must include | 29 |
| provisions that allow low
income students to have access to | 30 |
| transportation needed to exercise school
choice. Open | 31 |
| enrollment shall be in compliance with the provisions of | 32 |
| the
Consent Decree and Desegregation Plan cited in Section | 33 |
| 34-1.01;
| 34 |
| 8. To approve programs and policies for providing |
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| transportation
services to students. Nothing herein shall | 2 |
| be construed to permit or empower
the State Board of | 3 |
| Education to order, mandate, or require busing or other
| 4 |
| transportation of pupils for the purpose of achieving | 5 |
| racial balance in any
school;
| 6 |
| 9. Subject to the limitations in this Article, to | 7 |
| establish and
approve system-wide curriculum objectives | 8 |
| and standards, including graduation
standards, which | 9 |
| reflect the
multi-cultural diversity in the city and are | 10 |
| consistent with State law,
provided that for all purposes | 11 |
| of this Article courses or
proficiency in American Sign | 12 |
| Language shall be deemed to constitute courses
or | 13 |
| proficiency in a foreign language; and to employ principals | 14 |
| and teachers,
appointed as provided in this
Article, and | 15 |
| fix their compensation. The board shall prepare such | 16 |
| reports
related to minimal competency testing as may be | 17 |
| requested by the State
Board of Education, and in addition | 18 |
| shall monitor and approve special
education and bilingual | 19 |
| education programs and policies within the district to
| 20 |
| assure that appropriate services are provided in | 21 |
| accordance with applicable
State and federal laws to | 22 |
| children requiring services and education in those
areas;
| 23 |
| 10. To employ non-teaching personnel or utilize | 24 |
| volunteer personnel
for: (i) non-teaching duties not | 25 |
| requiring instructional judgment or
evaluation of pupils, | 26 |
| including library duties; and (ii) supervising study
| 27 |
| halls, long distance teaching reception areas used | 28 |
| incident to instructional
programs transmitted by | 29 |
| electronic media such as computers, video, and audio,
| 30 |
| detention and discipline areas, and school-sponsored | 31 |
| extracurricular
activities. The board may further utilize | 32 |
| volunteer non-certificated
personnel or employ | 33 |
| non-certificated personnel to
assist in the instruction of | 34 |
| pupils under the immediate supervision of a
teacher holding |
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| a valid certificate, directly engaged in teaching
subject | 2 |
| matter or conducting activities; provided that the teacher
| 3 |
| shall be continuously aware of the non-certificated | 4 |
| persons' activities and
shall be able to control or modify | 5 |
| them. The general superintendent shall
determine | 6 |
| qualifications of such personnel and shall prescribe rules | 7 |
| for
determining the duties and activities to be assigned to | 8 |
| such personnel;
| 9 |
| 10.5. To utilize volunteer personnel from a regional | 10 |
| School Crisis
Assistance Team (S.C.A.T.), created as part | 11 |
| of the Safe to Learn Program
established pursuant to | 12 |
| Section 25 of the Illinois Violence Prevention Act
of 1995, | 13 |
| to provide assistance to schools in times of violence or | 14 |
| other
traumatic incidents within a school community by | 15 |
| providing crisis
intervention services to lessen the | 16 |
| effects of emotional trauma on
individuals and the | 17 |
| community; the School Crisis Assistance Team
Steering | 18 |
| Committee shall determine the qualifications for | 19 |
| volunteers;
| 20 |
| 11. To provide television studio facilities in not to | 21 |
| exceed one
school building and to provide programs for | 22 |
| educational purposes,
provided, however, that the board | 23 |
| shall not construct, acquire, operate,
or maintain a | 24 |
| television transmitter; to grant the use of its studio
| 25 |
| facilities to a licensed television station located in the | 26 |
| school
district; and to maintain and operate not to exceed | 27 |
| one school radio
transmitting station and provide programs | 28 |
| for educational purposes;
| 29 |
| 12. To offer, if deemed appropriate, outdoor education | 30 |
| courses,
including field trips within the State of | 31 |
| Illinois, or adjacent states,
and to use school educational | 32 |
| funds for the expense of the said outdoor
educational | 33 |
| programs, whether within the school district or not;
| 34 |
| 13. During that period of the calendar year not |
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| embraced within the
regular school term, to provide and | 2 |
| conduct courses in subject matters
normally embraced in the | 3 |
| program of the schools during the regular
school term and | 4 |
| to give regular school credit for satisfactory
completion | 5 |
| by the student of such courses as may be approved for | 6 |
| credit
by the State Board of Education;
| 7 |
| 14. To insure against any loss or liability of the | 8 |
| board,
the former School Board Nominating Commission, | 9 |
| Local School Councils, the
Chicago Schools Academic | 10 |
| Accountability Council, or the former Subdistrict
Councils | 11 |
| or of any member, officer, agent or employee thereof, | 12 |
| resulting
from alleged violations of civil rights arising | 13 |
| from incidents occurring on
or after September 5, 1967 or | 14 |
| from the wrongful or negligent act or
omission of any such | 15 |
| person whether occurring within or without the school
| 16 |
| premises, provided the officer, agent or employee was, at | 17 |
| the time of the
alleged violation of civil rights or | 18 |
| wrongful act or omission, acting
within the scope of his | 19 |
| employment or under direction of the board, the
former | 20 |
| School
Board Nominating Commission, the Chicago Schools | 21 |
| Academic Accountability
Council, Local School Councils, or | 22 |
| the former Subdistrict Councils;
and to provide for or | 23 |
| participate in insurance plans for its officers and
| 24 |
| employees, including but not limited to retirement | 25 |
| annuities, medical,
surgical and hospitalization benefits | 26 |
| in such types and amounts as may be
determined by the | 27 |
| board; provided, however, that the board shall contract
for | 28 |
| such insurance only with an insurance company authorized to | 29 |
| do business
in this State. Such insurance may include | 30 |
| provision for employees who rely
on treatment by prayer or | 31 |
| spiritual means alone for healing, in accordance
with the | 32 |
| tenets and practice of a recognized religious | 33 |
| denomination;
| 34 |
| 15. To contract with the corporate authorities of any |
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| municipality
or the county board of any county, as the case | 2 |
| may be, to provide for
the regulation of traffic in parking | 3 |
| areas of property used for school
purposes, in such manner | 4 |
| as is provided by Section 11-209 of The
Illinois Vehicle | 5 |
| Code, approved September 29, 1969, as amended;
| 6 |
| 16. (a) To provide, on an equal basis, access to a high
| 7 |
| school campus and student directory information to the
| 8 |
| official recruiting representatives of the armed forces of | 9 |
| Illinois and
the United States for the purposes of | 10 |
| informing students of the educational
and career | 11 |
| opportunities available in the military if the board has | 12 |
| provided
such access to persons or groups whose purpose is | 13 |
| to acquaint students with
educational or occupational | 14 |
| opportunities available to them. The board
is not required | 15 |
| to give greater notice regarding the right of access to
| 16 |
| recruiting representatives than is given to other persons | 17 |
| and groups. In
this paragraph 16, "directory information" | 18 |
| means a high school
student's name, address, and telephone | 19 |
| number.
| 20 |
| (b) If a student or his or her parent or guardian | 21 |
| submits a signed,
written request to the high school before | 22 |
| the end of the student's sophomore
year (or if the student | 23 |
| is a transfer student, by another time set by
the high | 24 |
| school) that indicates that the student or his or her | 25 |
| parent or
guardian does
not want the student's directory | 26 |
| information to be provided to official
recruiting | 27 |
| representatives under subsection (a) of this Section, the | 28 |
| high
school may not provide access to the student's | 29 |
| directory information to
these recruiting representatives. | 30 |
| The high school shall notify its
students and their parents | 31 |
| or guardians of the provisions of this
subsection (b).
| 32 |
| (c) A high school may require official recruiting | 33 |
| representatives of
the armed forces of Illinois and the | 34 |
| United States to pay a fee for copying
and mailing a |
|
|
|
09300SB1955ham001 |
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LRB093 08906 NHT 51172 a |
|
| 1 |
| student's directory information in an amount that is not
| 2 |
| more than the actual costs incurred by the high school.
| 3 |
| (d) Information received by an official recruiting | 4 |
| representative
under this Section may be used only to | 5 |
| provide information to students
concerning educational and | 6 |
| career opportunities available in the military
and may not | 7 |
| be released to a person who is not involved in recruiting
| 8 |
| students for the armed forces of Illinois or the United | 9 |
| States;
| 10 |
| 17. (a) To sell or market any computer program | 11 |
| developed by an employee
of the school district, provided | 12 |
| that such employee developed the computer
program as a | 13 |
| direct result of his or her duties with the school district
| 14 |
| or through the utilization of the school district resources | 15 |
| or facilities.
The employee who developed the computer | 16 |
| program shall be entitled to share
in the proceeds of such | 17 |
| sale or marketing of the computer program. The
distribution | 18 |
| of such proceeds between the employee and the school | 19 |
| district
shall be as agreed upon by the employee and the | 20 |
| school district, except
that neither the employee nor the | 21 |
| school district may receive more than 90%
of such proceeds. | 22 |
| The negotiation for an employee who is represented by an
| 23 |
| exclusive bargaining representative may be conducted by | 24 |
| such bargaining
representative at the employee's request.
| 25 |
| (b) For the purpose of this paragraph 17:
| 26 |
| (1) "Computer" means an internally programmed, | 27 |
| general purpose digital
device capable of | 28 |
| automatically accepting data, processing data and | 29 |
| supplying
the results of the operation.
| 30 |
| (2) "Computer program" means a series of coded | 31 |
| instructions or
statements in a form acceptable to a | 32 |
| computer, which causes the computer to
process data in | 33 |
| order to achieve a certain result.
| 34 |
| (3) "Proceeds" means profits derived from |
|
|
|
09300SB1955ham001 |
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|
| 1 |
| marketing or sale of a product
after deducting the | 2 |
| expenses of developing and marketing such product;
| 3 |
| 18. To delegate to the general superintendent of
| 4 |
| schools, by resolution, the authority to approve contracts | 5 |
| and expenditures
in amounts of $10,000 or less;
| 6 |
| 19. Upon the written request of an employee, to | 7 |
| withhold from
the compensation of that employee any dues, | 8 |
| payments or contributions
payable by such employee to any | 9 |
| labor organization as defined in the
Illinois Educational | 10 |
| Labor Relations Act. Under such arrangement, an
amount | 11 |
| shall be withheld from each regular payroll period which is | 12 |
| equal to
the pro rata share of the annual dues plus any | 13 |
| payments or contributions,
and the board shall transmit | 14 |
| such withholdings to the specified labor
organization | 15 |
| within 10 working days from the time of the withholding;
| 16 |
| 19a. Upon receipt of notice from the comptroller of a | 17 |
| municipality with
a population of 500,000 or more, a county | 18 |
| with a population of 3,000,000 or
more, the Cook County | 19 |
| Forest Preserve District, the Chicago Park District, the
| 20 |
| Metropolitan Water Reclamation District, the Chicago | 21 |
| Transit Authority, or
a housing authority of a municipality | 22 |
| with a population of 500,000 or more
that a debt is due and | 23 |
| owing the municipality, the county, the Cook County
Forest | 24 |
| Preserve District, the Chicago Park District, the | 25 |
| Metropolitan Water
Reclamation District, the Chicago | 26 |
| Transit Authority, or the housing authority
by an employee | 27 |
| of the Chicago Board of Education, to withhold, from the
| 28 |
| compensation of that employee, the amount of the debt that | 29 |
| is due and owing
and pay the amount withheld to the | 30 |
| municipality, the county, the Cook County
Forest Preserve | 31 |
| District, the Chicago Park District, the Metropolitan | 32 |
| Water
Reclamation District, the Chicago Transit Authority, | 33 |
| or the housing authority;
provided, however, that the | 34 |
| amount
deducted from any one salary or wage payment shall |
|
|
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| 1 |
| not exceed 25% of the net
amount of the payment. Before the | 2 |
| Board deducts any amount from any salary or
wage of an | 3 |
| employee under this paragraph, the municipality, the | 4 |
| county, the
Cook County Forest Preserve District, the | 5 |
| Chicago Park District, the
Metropolitan Water Reclamation | 6 |
| District, the Chicago Transit Authority, or the
housing | 7 |
| authority shall certify that (i) the employee has been | 8 |
| afforded an
opportunity for a hearing to dispute the debt | 9 |
| that is due and owing the
municipality, the county, the | 10 |
| Cook County Forest Preserve District, the Chicago
Park | 11 |
| District, the Metropolitan Water Reclamation District, the | 12 |
| Chicago Transit
Authority, or the housing authority and | 13 |
| (ii) the employee has received notice
of a wage deduction | 14 |
| order and has been afforded an opportunity for a hearing to
| 15 |
| object to the order. For purposes of this paragraph, "net | 16 |
| amount" means that
part of the salary or wage payment | 17 |
| remaining after the deduction of any amounts
required by | 18 |
| law to be deducted and "debt due and owing" means (i) a | 19 |
| specified
sum of money owed to the municipality, the | 20 |
| county, the Cook County Forest
Preserve District, the | 21 |
| Chicago Park District, the Metropolitan Water
Reclamation | 22 |
| District, the Chicago Transit Authority, or the housing | 23 |
| authority
for services, work, or goods, after the period | 24 |
| granted for payment has expired,
or (ii) a specified sum of | 25 |
| money owed to the municipality, the county, the Cook
County | 26 |
| Forest Preserve District, the Chicago Park District, the | 27 |
| Metropolitan
Water Reclamation District, the Chicago | 28 |
| Transit Authority, or the housing
authority pursuant to a | 29 |
| court order or order of an administrative hearing
officer | 30 |
| after the exhaustion of, or the failure to exhaust, | 31 |
| judicial review;
| 32 |
| 20. The board is encouraged to employ a sufficient | 33 |
| number of
certified school counselors to maintain a | 34 |
| student/counselor ratio of 250 to
1 by July 1, 1990. Each |
|
|
|
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| 1 |
| counselor shall spend at least 75% of his work
time in | 2 |
| direct contact with students and shall maintain a record of | 3 |
| such time;
| 4 |
| 21. To make available to students vocational and career
| 5 |
| counseling and to establish 5 special career counseling | 6 |
| days for students
and parents. On these days | 7 |
| representatives of local businesses and
industries shall | 8 |
| be invited to the school campus and shall inform students
| 9 |
| of career opportunities available to them in the various | 10 |
| businesses and
industries. Special consideration shall be | 11 |
| given to counseling minority
students as to career | 12 |
| opportunities available to them in various fields.
For the | 13 |
| purposes of this paragraph, minority student means a person | 14 |
| who is:
| 15 |
| (a) Black (a person having origins in any of the | 16 |
| black racial groups
in Africa);
| 17 |
| (b) Hispanic (a person of Spanish or Portuguese | 18 |
| culture with
origins in Mexico, South or Central | 19 |
| America, or the Caribbean islands,
regardless of | 20 |
| race);
| 21 |
| (c) Asian American (a person having origins in any | 22 |
| of the original
peoples of the Far East, Southeast | 23 |
| Asia, the Indian Subcontinent or the
Pacific Islands); | 24 |
| or
| 25 |
| (d) American Indian or Alaskan Native (a person | 26 |
| having origins in any of
the original peoples of North | 27 |
| America).
| 28 |
| Counseling days shall not be in lieu of regular school | 29 |
| days;
| 30 |
| 22. To report to the State Board of Education the | 31 |
| annual
student dropout rate and number of students who | 32 |
| graduate from, transfer
from or otherwise leave bilingual | 33 |
| programs;
| 34 |
| 23. Except as otherwise provided in the Abused and |
|
|
|
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LRB093 08906 NHT 51172 a |
|
| 1 |
| Neglected Child
Reporting Act or other applicable State or | 2 |
| federal law, to permit school
officials to withhold, from | 3 |
| any person, information on the whereabouts of
any child | 4 |
| removed from school premises when the child has been taken | 5 |
| into
protective custody as a victim of suspected child | 6 |
| abuse. School officials
shall direct such person to the | 7 |
| Department of Children and Family Services,
or to the local | 8 |
| law enforcement agency if appropriate;
| 9 |
| 24. To develop a policy, based on the current state of | 10 |
| existing school
facilities, projected enrollment and | 11 |
| efficient utilization of available
resources, for capital | 12 |
| improvement of schools and school buildings within
the | 13 |
| district, addressing in that policy both the relative | 14 |
| priority for
major repairs, renovations and additions to | 15 |
| school facilities, and the
advisability or necessity of | 16 |
| building new school facilities or closing
existing schools | 17 |
| to meet current or projected demographic patterns within
| 18 |
| the district;
| 19 |
| 25. To make available to the students in every high | 20 |
| school attendance
center the ability to take all courses | 21 |
| necessary to comply with the Board
of Higher Education's | 22 |
| college entrance criteria effective in 1993;
| 23 |
| 26. To encourage mid-career changes into the teaching | 24 |
| profession,
whereby qualified professionals become | 25 |
| certified teachers, by allowing
credit for professional | 26 |
| employment in related fields when determining point
of | 27 |
| entry on teacher pay scale;
| 28 |
| 27. To provide or contract out training programs for | 29 |
| administrative
personnel and principals with revised or | 30 |
| expanded duties pursuant to this
Act in order to assure | 31 |
| they have the knowledge and skills to perform
their duties;
| 32 |
| 28. To establish a fund for the prioritized special | 33 |
| needs programs, and
to allocate such funds and other lump | 34 |
| sum amounts to each attendance center
in a manner |
|
|
|
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|
| 1 |
| consistent with the provisions of part 4 of Section 34-2.3.
| 2 |
| Nothing in this paragraph shall be construed to require any | 3 |
| additional
appropriations of State funds for this purpose;
| 4 |
| 29. (Blank);
| 5 |
| 30. Notwithstanding any other provision of this Act or | 6 |
| any other law to
the contrary, to contract with third | 7 |
| parties for services otherwise performed
by employees, | 8 |
| including those in a bargaining unit, and to layoff those
| 9 |
| employees upon 14 days written notice to the affected | 10 |
| employees. Those
contracts may be for a period not to | 11 |
| exceed 5 years and may be awarded on a
system-wide basis;
| 12 |
| 31. To promulgate rules establishing procedures | 13 |
| governing the layoff or
reduction in force of employees and | 14 |
| the recall of such employees, including,
but not limited | 15 |
| to, criteria for such layoffs, reductions in force or | 16 |
| recall
rights of such employees and the weight to be given | 17 |
| to any particular
criterion. Such criteria shall take into | 18 |
| account factors including, but not be
limited to, | 19 |
| qualifications, certifications, experience, performance | 20 |
| ratings or
evaluations, and any other factors relating to | 21 |
| an employee's job performance;
| 22 |
| 32. To develop a policy to prevent nepotism in the | 23 |
| hiring of personnel
or the selection of contractors;
| 24 |
| 33. To enter into a partnership agreement, as required | 25 |
| by
Section 34-3.5 of this Code, and, notwithstanding any | 26 |
| other
provision of law to the contrary, to promulgate | 27 |
| policies, enter into
contracts, and take any other action | 28 |
| necessary to accomplish the
objectives and implement the | 29 |
| requirements of that agreement; and
| 30 |
| 34. To establish a Labor Management Council to the | 31 |
| board
comprised of representatives of the board, the chief | 32 |
| executive
officer, and those labor organizations that are | 33 |
| the exclusive
representatives of employees of the board and | 34 |
| to promulgate
policies and procedures for the operation of |
|
|
|
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| 1 |
| the Council.
| 2 |
| The specifications of the powers herein granted are not to | 3 |
| be
construed as exclusive but the board shall also exercise all | 4 |
| other
powers that they may be requisite or proper for the | 5 |
| maintenance and the
development of a public school system, not | 6 |
| inconsistent with the other
provisions of this Article or | 7 |
| provisions of this Code which apply to all
school districts.
| 8 |
| In addition to the powers herein granted and authorized to | 9 |
| be exercised
by the board, it shall be the duty of the board to | 10 |
| review or to direct
independent reviews of special education | 11 |
| expenditures and services.
The board shall file a report of | 12 |
| such review with the General Assembly on
or before May 1, 1990.
| 13 |
| (Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02; | 14 |
| 92-724, eff.
7-25-02; 93-3, eff. 4-16-03.)
| 15 |
| Section 90. The State Mandates Act is amended by adding | 16 |
| Section 8.28 as
follows:
| 17 |
| (30 ILCS 805/8.28 new)
| 18 |
| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 19 |
| of this
Act, no reimbursement by the State is required for the | 20 |
| implementation of
any mandate created by this amendatory Act of | 21 |
| the 93rd General Assembly.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
|
|