Full Text of SB2340 98th General Assembly
SB2340 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2340 Introduced 2/15/2013, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Makes changes concerning State Board of Education actions for schools or school districts that remain on academic watch status for 3 years following their placement on academic watch status. Removes current provisions governing the removal of school board members and the appointment of an Independent Authority. Provides that the State Board has the power to direct the State Superintendent of Education to remove school board members in a district having a population of not more than 500,000. Provides that a district may petition the State Board for the establishment of an Independent Authority for the district or the State Board may establish an Independent Authority without a petition from the district following the removal of all school board members. Provides that, upon establishment of an Independent Authority to operate the district, the State Superintendent shall appoint members to serve on the Independent Authority. Provides that the Independent Authority shall have all of the powers and duties of a school board and all other powers necessary to meet its responsibilities and to carry out its purposes and that may be requisite or proper for the maintenance, operation, and development of any school or schools under the jurisdiction of the Independent Authority. Sets forth provisions concerning emergency financial assistance, the suspension of school board elections, reports, assistance, the abolition of an Independent Authority, and indemnification and protection from suit. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 2-3.25d, 2-3.25f, 2-3.25g, and 2-3.25h and by adding Section | 6 | | 2-3.25f-5 as follows:
| 7 | | (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
| 8 | | Sec. 2-3.25d. Academic early warning and watch status.
| 9 | | (a) Beginning with the 2005-2006 school year, unless the | 10 | | federal government formally disapproves of such policy through | 11 | | the submission and review process for the Illinois | 12 | | Accountability Workbook, those
schools that do not meet | 13 | | adequate yearly progress criteria for 2 consecutive annual
| 14 | | calculations in the same subject or in their participation | 15 | | rate, attendance rate, or graduation rate
shall be placed on | 16 | | academic early warning status for the next school year.
Schools | 17 | | on academic early warning status that do not meet adequate | 18 | | yearly
progress criteria for a third annual calculation in the | 19 | | same subject or in their participation rate, attendance rate, | 20 | | or graduation rate
shall remain on academic early
warning | 21 | | status. Schools on academic early warning status that do not | 22 | | meet
adequate yearly progress criteria for a fourth annual | 23 | | calculation in the same subject or in their participation rate, |
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| 1 | | attendance rate, or graduation rate shall be
placed
on initial | 2 | | academic watch status. Schools on academic watch status that do | 3 | | not
meet adequate yearly progress criteria for a fifth or | 4 | | subsequent annual
calculation in the same subject or in their | 5 | | participation rate, attendance rate, or graduation rate shall | 6 | | remain on academic watch status. Schools on academic early
| 7 | | warning or academic watch status that meet adequate yearly | 8 | | progress criteria
for 2 consecutive calculations
shall be | 9 | | considered as having
met
expectations and shall be removed from | 10 | | any status designation.
| 11 | | The school district of a school placed on either academic | 12 | | early warning
status or academic watch status may appeal the | 13 | | status to the State Board of
Education in accordance with | 14 | | Section 2-3.25m of this Code.
| 15 | | A school district that has one or more schools on academic | 16 | | early warning
or academic watch status shall prepare a revised | 17 | | School Improvement Plan or
amendments thereto setting forth the | 18 | | district's expectations for removing each
school from academic | 19 | | early warning or academic watch status and for improving
| 20 | | student performance in the affected school or schools. | 21 | | Districts operating
under
Article 34 of this Code may prepare | 22 | | the School Improvement Plan required under
Section 34-2.4 of | 23 | | this Code.
| 24 | | The revised School Improvement Plan for a school
that is | 25 | | initially placed on academic early warning status
or that | 26 | | remains on
academic early warning status after a third annual |
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| 1 | | calculation
must be approved by
the
school board (and by the | 2 | | school's local school council in a district operating
under | 3 | | Article 34 of this Code, unless the school is on probation | 4 | | pursuant to
subsection (c) of Section
34-8.3 of this Code).
| 5 | | The revised School Improvement Plan for a school that is | 6 | | initially placed on
academic watch status after a fourth annual | 7 | | calculation must be approved by the
school board (and by the | 8 | | school's local school council in a district operating
under | 9 | | Article 34 of this Code, unless the school is on probation | 10 | | pursuant to
subsection (c) of Section
34-8.3 of this Code).
| 11 | | The revised School Improvement Plan for a school that | 12 | | remains on
academic watch status after a fifth annual | 13 | | calculation must be approved by the
school board (and by the | 14 | | school's local school council in a district operating
under | 15 | | Article 34 of this Code, unless the school is on probation | 16 | | pursuant to
subsection (c) of Section
34-8.3 of this Code).
In | 17 | | addition, the district must develop a school restructuring plan | 18 | | for the
school that
must
be approved by the school board (and | 19 | | by the school's local school council in a
district operating | 20 | | under Article 34 of this Code).
| 21 | | A school on academic watch status that does not meet | 22 | | adequate yearly
progress criteria for a sixth annual | 23 | | calculation shall implement its approved
school restructuring | 24 | | plan beginning with the next school year, subject to the
State
| 25 | | interventions specified in Sections Section 2-3.25f and | 26 | | 2-3.25f-5 of this Code.
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| 1 | | (b) Beginning with the 2005-2006 school year, unless the | 2 | | federal government formally disapproves of such policy through | 3 | | the submission and review process for the Illinois | 4 | | Accountability Workbook, those
school districts that do not | 5 | | meet adequate yearly progress
criteria for 2 consecutive
annual
| 6 | | calculations in the same subject or in their participation | 7 | | rate, attendance rate, or graduation rate shall be placed on | 8 | | academic early warning status for the next
school year. | 9 | | Districts on academic early warning status that do not meet
| 10 | | adequate yearly progress criteria for a third annual | 11 | | calculation in the same subject or in their participation rate, | 12 | | attendance rate, or graduation rate
shall remain
on
academic | 13 | | early warning status. Districts on academic early warning | 14 | | status that
do not meet adequate yearly progress criteria for a | 15 | | fourth annual calculation
in the same subject or in their | 16 | | participation rate, attendance rate, or graduation rate shall
| 17 | | be placed on initial academic watch status. Districts on | 18 | | academic watch status
that do not meet adequate yearly progress | 19 | | criteria for a fifth or subsequent
annual calculation in the | 20 | | same subject or in their participation rate, attendance rate, | 21 | | or graduation rate shall remain on academic watch status. | 22 | | Districts on academic
early warning or academic watch status | 23 | | that meet adequate yearly progress
criteria for one annual | 24 | | calculation shall be
considered
as having met expectations and | 25 | | shall be removed from any status designation.
| 26 | | A district placed on either academic early warning status |
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| 1 | | or academic
watch status may appeal the status to the State | 2 | | Board of Education in
accordance with Section 2-3.25m of this | 3 | | Code.
| 4 | | Districts on academic early warning or academic watch | 5 | | status shall
prepare a District Improvement Plan or amendments | 6 | | thereto setting forth the
district's expectations for removing | 7 | | the district from academic early warning
or
academic watch | 8 | | status and for improving student performance in the district.
| 9 | | All
District Improvement Plans must be approved by the | 10 | | school board.
| 11 | | (c) All revised School and District Improvement Plans shall | 12 | | be developed
in collaboration with parents, staff in the | 13 | | affected school or school district, and outside experts. All
| 14 | | revised
School and District Improvement Plans shall be | 15 | | developed, submitted, and
monitored pursuant to rules adopted | 16 | | by the State Board of Education. The
revised Improvement Plan | 17 | | shall address measurable outcomes for improving
student | 18 | | performance so that such performance meets adequate yearly | 19 | | progress
criteria as specified by the State Board of Education. | 20 | | All school districts required to revise a School Improvement | 21 | | Plan in accordance with this Section shall establish a peer | 22 | | review process for the evaluation of School Improvement Plans.
| 23 | | (d) All federal requirements apply to schools and school | 24 | | districts utilizing
federal funds under Title I, Part A of the | 25 | | federal Elementary and Secondary
Education Act of 1965. | 26 | | (e) The State Board of Education, from any moneys it may |
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| 1 | | have available for this purpose, must implement
and administer | 2 | | a grant
program that provides 2-year grants to school districts | 3 | | on the academic watch
list and other school districts that have | 4 | | the lowest achieving students, as
determined by the State Board | 5 | | of Education, to be
used to improve student achievement.
In | 6 | | order
to receive a
grant under this program, a school district | 7 | | must establish an accountability
program. The
accountability | 8 | | program must involve the use of statewide testing standards and
| 9 | | local
evaluation measures. A grant shall be automatically | 10 | | renewed when achievement
goals are met. The Board may adopt any | 11 | | rules necessary to implement and
administer this grant program.
| 12 | | (Source: P.A. 96-734, eff. 8-25-09.)
| 13 | | (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
| 14 | | Sec. 2-3.25f. State interventions.
| 15 | | (a) The State Board of Education shall provide technical
| 16 | | assistance to assist with the development and implementation of | 17 | | School and District Improvement Plans.
| 18 | | Schools or school districts that fail to make reasonable | 19 | | efforts to
implement an
approved Improvement Plan may suffer | 20 | | loss of State funds by school
district, attendance center, or | 21 | | program as the State Board of Education
deems appropriate.
| 22 | | (a-5) In this subsection (a-5), "school" means any of the | 23 | | following named public schools or their successor name: | 24 | | (1) Dirksen Middle School in Dolton School District | 25 | | 149. |
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| 1 | | (2) Diekman Elementary School in Dolton School | 2 | | District 149. | 3 | | (3) Caroline Sibley Elementary School in Dolton School | 4 | | District 149. | 5 | | (4) Berger-Vandenberg Elementary School in Dolton | 6 | | School District 149. | 7 | | (5) Carol Moseley Braun School in Dolton School | 8 | | District 149. | 9 | | (6) New Beginnings Learning Academy in Dolton School | 10 | | District 149. | 11 | | (7) McKinley Junior High School in South Holland School | 12 | | District 150. | 13 | | (8) Greenwood Elementary School in South Holland | 14 | | School District 150. | 15 | | (9) McKinley Elementary School in South Holland School | 16 | | District 150. | 17 | | (10) Eisenhower School in South Holland School | 18 | | District 151. | 19 | | (11) Madison School in South Holland School District | 20 | | 151. | 21 | | (12) Taft School in South Holland School District 151. | 22 | | (13) Wolcott School in Thornton School District 154. | 23 | | (14) Memorial Junior High School in Lansing School | 24 | | District 158. | 25 | | (15) Oak Glen Elementary School in Lansing School | 26 | | District 158. |
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| 1 | | (16) Lester Crawl Primary Center in Lansing School | 2 | | District 158. | 3 | | (17) Brookwood Junior High School in Brookwood School | 4 | | District 167. | 5 | | (18) Brookwood Middle School in Brookwood School | 6 | | District 167. | 7 | | (19) Hickory Bend Elementary School in Brookwood | 8 | | School District 167. | 9 | | (20) Medgar Evers Primary Academic Center in Ford | 10 | | Heights School District 169. | 11 | | (21) Nathan Hale Elementary School in Sunnybrook | 12 | | School District 171. | 13 | | (22) Ira F. Aldridge Elementary School in City of | 14 | | Chicago School District 299. | 15 | | (23) William E.B. DuBois Elementary School in City of | 16 | | Chicago School District 299. | 17 | | If, after 2 years following its placement on academic watch | 18 | | status, a school remains on academic watch status, then, | 19 | | subject to federal appropriation money being available, the | 20 | | State Board of Education shall allow the school board to opt in | 21 | | the process of operating that school on a pilot full-year | 22 | | school plan approved by the State Board of Education upon | 23 | | expiration of its teachers' current collective bargaining | 24 | | agreement until the expiration of the next collective | 25 | | bargaining agreement. A school board must notify the State | 26 | | Board of Education of its intent to opt in the process of |
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| 1 | | operating a school on a pilot full-year school plan. | 2 | | (b) In addition, if after 3 years following its placement | 3 | | on
academic
watch status a school district or school remains on
| 4 | | academic watch status, the
State Board of Education may shall | 5 | | take one of the following actions for the
district specified | 6 | | under Section 2-3.25f-5 of this Code or
school:
(1) The State | 7 | | Board of Education may authorize the State
Superintendent
of | 8 | | Education to direct the regional superintendent of schools to | 9 | | remove
school board members pursuant to Section 3-14.28 of this | 10 | | Code. Prior
to such direction the State Board of Education | 11 | | shall permit members of the
local board of education to present | 12 | | written and oral comments to the State
Board of Education. The | 13 | | State Board of Education may direct the State
Superintendent of | 14 | | Education to appoint an Independent Authority that shall
| 15 | | exercise such powers and duties as may be necessary to operate | 16 | | a school or
school district for purposes of improving pupil | 17 | | performance and school
improvement. The State Superintendent | 18 | | of Education shall designate one
member of the Independent | 19 | | Authority to serve as chairman. The Independent
Authority shall | 20 | | serve for a period of time specified by the State Board of
| 21 | | Education upon the recommendation of the State Superintendent | 22 | | of
Education.
(2) The State Board of Education may (i) (A)
| 23 | | change the recognition status of the school district or school | 24 | | to
nonrecognized , or (ii) (B) authorize the State | 25 | | Superintendent
of Education to direct the reassignment of | 26 | | pupils
or direct the reassignment or replacement of school |
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| 1 | | district personnel who
are relevant to the
failure
to
meet | 2 | | adequate yearly progress criteria. If
a school district is | 3 | | nonrecognized in its entirety, it shall automatically
be | 4 | | dissolved on July 1 following that nonrecognition and its | 5 | | territory
realigned with another school district or districts | 6 | | by the regional board
of school trustees in accordance with the | 7 | | procedures set forth in Section
7-11 of the School Code. The | 8 | | effective date of the nonrecognition of a school
shall be July | 9 | | 1 following the nonrecognition.
| 10 | | (c) All federal requirements apply to schools and school | 11 | | districts
utilizing
federal funds under Title I, Part A of the | 12 | | federal Elementary and Secondary
Education Act of 1965.
| 13 | | (Source: P.A. 97-370, eff. 1-1-12.)
| 14 | | (105 ILCS 5/2-3.25f-5 new) | 15 | | Sec. 2-3.25f-5. Independent Authority. | 16 | | (a) The General Assembly finds all of the following: | 17 | | (1) A fundamental goal of the people of this State, as | 18 | | expressed in Section 1 of Article X of the Illinois | 19 | | Constitution, is the educational development of all | 20 | | persons to the limits of their capacities. When a school | 21 | | board faces governance difficulties, academic | 22 | | difficulties, and financial difficulties, continued | 23 | | operation of the public school system is threatened. | 24 | | (2) Sound school board governance, academic | 25 | | achievement, and a sound financial structure are essential |
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| 1 | | to the continued operation of any school system. It is | 2 | | vital to commercial, educational, and cultural interests | 3 | | that public schools remain in operation. To achieve that | 4 | | goal, public school systems must have effective | 5 | | leadership. | 6 | | (3) To promote the sound operation of districts, as | 7 | | defined in this Section, it is necessary to provide for the | 8 | | creation of independent authorities with the powers | 9 | | necessary to promote sound governance, sound academic | 10 | | planning, and sound financial management and to ensure the | 11 | | continued operation of the public schools. | 12 | | (4) It is the purpose of this Section to provide for a | 13 | | sound basis for the continued operation of public schools. | 14 | | The intention of the General Assembly, in creating this | 15 | | Section, is to establish procedures, provide powers, and | 16 | | impose restrictions to ensure the educational integrity of | 17 | | public school districts. | 18 | | (b) As used in this Section: | 19 | | "Board" means a school board of a district. | 20 | | "Chairperson" means the Chairperson of the Independent | 21 | | Authority. | 22 | | "District" means any school district having a population of | 23 | | not more than 500,000 that has had an Independent Authority | 24 | | established under this Section. | 25 | | "State Board" means the State Board of Education. | 26 | | "State Superintendent" means the State Superintendent of |
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| 1 | | Education. | 2 | | (c) The State Board has the power to direct the State | 3 | | Superintendent to remove board members. Board members may be | 4 | | removed when the criteria provided for in subsection (d) of | 5 | | this Section are met. | 6 | | If the State Board proposes to direct the State | 7 | | Superintendent to remove board members from a district, board | 8 | | members shall receive individual written notice of the intended | 9 | | removal. Written notice must be provided at least 30 calendar | 10 | | days before a hearing is held by the State Board. The notice | 11 | | shall identify the bases for proposed removal. | 12 | | Board members are entitled to a hearing, during which time | 13 | | each board member shall have the opportunity to respond | 14 | | individually, both orally and through written comments, to the | 15 | | bases laid out in the notice. Written comments must be | 16 | | submitted to the State Board on or before the hearing. | 17 | | Board members are entitled to be represented by counsel at | 18 | | the hearing, but counsel must not be paid with district funds. | 19 | | The State Board shall make a final decision on removal | 20 | | immediately following the hearing or at its next regularly | 21 | | scheduled or special meeting. In no event may the decision be | 22 | | made later than the next regularly scheduled meeting. | 23 | | The State Board shall issue a final written decision. If | 24 | | the State Board directs the State Superintendent to remove the | 25 | | board members, the State Superintendent shall do so within 30 | 26 | | days after the written decision. Following the removal of all |
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| 1 | | of the board members, the State Superintendent shall establish | 2 | | an Independent Authority pursuant to subsection (e) of this | 3 | | Section. | 4 | | If there is a financial oversight panel operating in the | 5 | | district pursuant to Article 1B or 1H of this Code, the State | 6 | | Board may, at its discretion, abolish the panel. | 7 | | (d) The State Board may direct the State Superintendent to | 8 | | remove Board members pursuant to subsection (c) of this Section | 9 | | if specific criteria are met in the district.
The State Board | 10 | | shall adopt rules that set forth the criteria to be met in | 11 | | order to remove board members under this Section. | 12 | | (e) A school district may petition the State Board for the | 13 | | establishment of an Independent Authority for the district or | 14 | | the State Board may establish an Independent Authority without | 15 | | a petition from the district following the removal of all board | 16 | | members pursuant to subsection (c) of this Section. The | 17 | | petition shall cite the reasons why the creation of an | 18 | | Independent Authority for the district is necessary.
Upon | 19 | | establishment of an Independent Authority, there is | 20 | | established a body both corporate and politic to be known as | 21 | | the "(Name of School District) Independent Authority", which in | 22 | | this name shall exercise all of the authority vested in an | 23 | | Independent Authority by this Section and by that name may sue | 24 | | and be sued in all courts and places where judicial proceedings | 25 | | are had. | 26 | | (f) Upon establishment of an Independent Authority under |
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| 1 | | subsection (e) of this Section, the State Superintendent shall, | 2 | | within 30 working days thereafter, appoint 5 members to serve | 3 | | on an Independent Authority for the district. Members appointed | 4 | | to the Independent Authority shall serve at the pleasure of the | 5 | | State Superintendent. The State Superintendent shall designate | 6 | | one of the members of the Independent Authority to serve as its | 7 | | chairperson. In the event of vacancy or resignation, the State | 8 | | Superintendent shall, within 15 working days after receiving | 9 | | notice, appoint a successor to serve out that member's term. If | 10 | | the State Board has abolished a financial oversight panel | 11 | | pursuant to subsection (c) of this Section, the State | 12 | | Superintendent may appoint former members of the panel to the | 13 | | Independent Authority. These members may serve as a part of the | 14 | | 5 members or may be appointed in addition to the 5 members, | 15 | | with the Independent Authority not to exceed 9 members in | 16 | | total. | 17 | | Members of the Independent Authority must be selected | 18 | | primarily on the basis of their experience and knowledge in | 19 | | education policy, with consideration given to persons | 20 | | knowledgeable in the operations of a school district. Two | 21 | | members of the Independent Authority must be residents of the | 22 | | district that the Independent Authority serves. A member of the | 23 | | Independent Authority may not be an employee of the district, | 24 | | nor may a member have a direct financial interest in the | 25 | | district. | 26 | | Independent Authority members may be reimbursed by the |
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| 1 | | district for travel and other necessary expenses incurred in | 2 | | the performance of their official duties. The amount reimbursed | 3 | | members for their expenses must be charged to the school | 4 | | district. | 5 | | With the exception of the Chairperson, the Independent | 6 | | Authority may elect such officers as it deems appropriate. | 7 | | The first meeting of the Independent Authority must be held | 8 | | at the call of the Chairperson. The Independent Authority shall | 9 | | prescribe the times and places for its meetings and the manner | 10 | | in which regular and special meetings may be called and shall | 11 | | comply with the Open Meetings Act. | 12 | | Three members of the Independent Authority shall | 13 | | constitute a quorum. The affirmative votes of 3 members are | 14 | | required to pass a measure. | 15 | | (g) The purpose of the Independent Authority is to operate | 16 | | the district. The Independent Authority shall have all of the | 17 | | powers and duties of a board and all other powers necessary to | 18 | | meet its responsibilities and to carry out its purpose and the | 19 | | purposes of this Section and that may be requisite or proper | 20 | | for the maintenance, operation, and development of any school | 21 | | or schools under the jurisdiction of the Independent Authority. | 22 | | This grant of powers does not release an Independent Authority | 23 | | from any duty imposed upon it by this Code or any other law. | 24 | | (h) The Independent Authority may prepare and file with the | 25 | | State Superintendent a proposal for emergency financial | 26 | | assistance for the school district and for the operations' |
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| 1 | | budget of the Independent Authority, in accordance with Section | 2 | | 1B-8 of this Code. A district may receive both a loan and a | 3 | | grant. | 4 | | (i) An election for board members must not be held in a | 5 | | district upon the establishment of an Independent Authority and | 6 | | is suspended until such time as the Independent Authority has | 7 | | been abolished pursuant to subsection (l) of this Section. | 8 | | (j) The Independent Authority, upon its members taking | 9 | | office and annually thereafter and upon request, shall prepare | 10 | | and submit to the State Superintendent a report on the state of | 11 | | the district, including without limitation the academic | 12 | | improvement and financial situation of the district. This | 13 | | report must be submitted annually on or before March 1 of each | 14 | | year. | 15 | | (k) The district shall render such services to and permit | 16 | | the use of its facilities and resources by the Independent | 17 | | Authority at no charge as may be requested by the Independent | 18 | | Authority. Any State agency, unit of local government, or | 19 | | school district may, within its lawful powers and duties, | 20 | | render such services to the Independent Authority as may be | 21 | | requested by the Independent Authority. | 22 | | (l) An Independent Authority must be abolished when | 23 | | specific criteria have been met by the district and upon the | 24 | | election of a board. The State Board shall adopt rules that set | 25 | | forth the criteria to be met as a condition of abolition of the | 26 | | Independent Authority under this Section. |
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| 1 | | Upon abolition of the Independent Authority, all powers and | 2 | | duties allowed by this Code to be exercised by a school board | 3 | | shall be transferred to the newly elected school board. | 4 | | (m) The Independent Authority must be indemnified through | 5 | | insurance purchased by the district. The district shall | 6 | | purchase insurance through which the Independent Authority is | 7 | | to be indemnified. | 8 | | The district retains the duty to represent and to indemnify | 9 | | Independent Authority members following the abolition of the | 10 | | Independent Authority for any cause of action or remedy | 11 | | available against the Independent Authority, its members, its | 12 | | employees, or its agents for any right or claim existing or any | 13 | | liability incurred prior to the abolition. | 14 | | The insurance shall indemnify and protect districts, | 15 | | Independent Authority members, employees, volunteer personnel | 16 | | authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of | 17 | | this Code, mentors of certified or licensed staff as authorized | 18 | | in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of | 19 | | this Code, and student teachers against civil rights damage | 20 | | claims and suits, constitutional rights damage claims and | 21 | | suits, and death and bodily injury and property damage claims | 22 | | and suits, including defense thereof, when damages are sought | 23 | | for negligent or wrongful acts alleged to have been committed | 24 | | in the scope of employment, under the direction of the | 25 | | Independent Authority, or related to any mentoring services | 26 | | provided to certified or licensed staff of the district. Such |
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| 1 | | indemnification and protection shall extend to persons who were | 2 | | members of an Independent Authority, employees of an | 3 | | Independent Authority, authorized volunteer personnel, mentors | 4 | | of certified or licensed staff, or student teachers at the time | 5 | | of the incident from which a claim arises. No agent may be | 6 | | afforded indemnification or protection unless he or she was a | 7 | | member of an Independent Authority, an employee of an | 8 | | Independent Authority, an authorized volunteer, a mentor of | 9 | | certified or licensed staff, or a student teacher at the time | 10 | | of the incident from which the claim arises. | 11 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 12 | | Sec. 2-3.25g. Waiver or modification of mandates within the | 13 | | School
Code and administrative rules and regulations. | 14 | | (a) In this Section: | 15 | | "Board" means a school board or the governing board or | 16 | | administrative district, as the case may be, for a joint | 17 | | agreement. | 18 | | "Eligible applicant" means a school district, joint | 19 | | agreement made up of school districts, or regional | 20 | | superintendent of schools on behalf of schools and programs | 21 | | operated by the regional office of education.
| 22 | | "Implementation date" has the meaning set forth in | 23 | | Section 24A-2.5 of this Code. | 24 | | "State Board" means the State Board of Education.
| 25 | | (b) Notwithstanding any other
provisions of this School |
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| 1 | | Code or any other law of this State to the
contrary, eligible | 2 | | applicants may petition the State Board of Education for the
| 3 | | waiver or modification of the mandates of this School Code or | 4 | | of the
administrative rules and regulations promulgated by the | 5 | | State Board of
Education. Waivers or modifications of | 6 | | administrative rules and regulations
and modifications of | 7 | | mandates of this School Code may be requested when an eligible | 8 | | applicant demonstrates that it can address the intent of the | 9 | | rule or
mandate in a more effective, efficient, or economical | 10 | | manner or when necessary
to stimulate innovation or improve | 11 | | student performance. Waivers of
mandates of
the School Code may | 12 | | be requested when the waivers are necessary to stimulate
| 13 | | innovation or improve student performance. Waivers may not be | 14 | | requested
from laws, rules, and regulations pertaining to | 15 | | special education, teacher
certification, teacher tenure and | 16 | | seniority, or Section 5-2.1 of this Code or from compliance | 17 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | 18 | | On and after the applicable implementation date, eligible | 19 | | applicants may not seek a waiver or seek a modification of a | 20 | | mandate regarding the requirements for (i) student performance | 21 | | data to be a significant factor in teacher or principal | 22 | | evaluations or (ii) for teachers and principals to be rated | 23 | | using the 4 categories of "excellent", "proficient", "needs | 24 | | improvement", or "unsatisfactory". On the applicable | 25 | | implementation date, any previously authorized waiver or | 26 | | modification from such requirements shall terminate. |
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| 1 | | (c) Eligible applicants, as a matter of inherent managerial | 2 | | policy, and any
Independent Authority established under | 3 | | Section 2-3.25f-5 of this Code 2-3.25f may submit an
| 4 | | application for a waiver or modification authorized under this | 5 | | Section. Each
application must include a written request by the | 6 | | eligible applicant or
Independent Authority and must | 7 | | demonstrate that the intent of the mandate can
be addressed in | 8 | | a more effective, efficient, or economical manner
or be based
| 9 | | upon a specific plan for improved student performance and | 10 | | school improvement.
Any eligible applicant requesting a waiver | 11 | | or modification for the reason that intent
of the mandate can | 12 | | be addressed in a more economical manner shall include in
the | 13 | | application a fiscal analysis showing current expenditures on | 14 | | the mandate
and projected savings resulting from the waiver
or | 15 | | modification. Applications
and plans developed by eligible | 16 | | applicants must be approved by the board or regional | 17 | | superintendent of schools applying on behalf of schools or | 18 | | programs operated by the regional office of education following | 19 | | a public hearing on the application and plan and the
| 20 | | opportunity for the board or regional superintendent to hear | 21 | | testimony from staff
directly involved in
its implementation, | 22 | | parents, and students. The time period for such testimony shall | 23 | | be separate from the time period established by the eligible | 24 | | applicant for public comment on other matters. If the applicant | 25 | | is a school district or joint agreement requesting a waiver or | 26 | | modification of Section 27-6 of this Code, the public hearing |
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| 1 | | shall be held on a day other than the day on which a regular | 2 | | meeting of the board is held. | 3 | | (c-5) If the applicant is a school district, then the | 4 | | district shall post information that sets forth the time, date, | 5 | | place, and general subject matter of the public hearing on its | 6 | | Internet website at least 14 days prior to the hearing. If the | 7 | | district is requesting to increase the fee charged for driver | 8 | | education authorized pursuant to Section 27-24.2 of this Code, | 9 | | the website information shall include the proposed amount of | 10 | | the fee the district will request. All school districts must | 11 | | publish a notice of the public hearing at least 7 days prior to | 12 | | the hearing in a newspaper of general circulation within the | 13 | | school district that sets forth the time, date, place, and | 14 | | general subject matter of the hearing. Districts requesting to | 15 | | increase the fee charged for driver education shall include in | 16 | | the published notice the proposed amount of the fee the | 17 | | district will request. If the applicant is a joint agreement or | 18 | | regional superintendent, then the joint agreement or regional | 19 | | superintendent shall post information that sets forth the time, | 20 | | date, place, and general subject matter of the public hearing | 21 | | on its Internet website at least 14 days prior to the hearing. | 22 | | If the joint agreement or regional superintendent is requesting | 23 | | to increase the fee charged for driver education authorized | 24 | | pursuant to Section 27-24.2 of this Code, the website | 25 | | information shall include the proposed amount of the fee the | 26 | | applicant will request. All joint agreements and regional |
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| 1 | | superintendents must publish a notice of the public hearing at | 2 | | least 7 days prior to the hearing in a newspaper of general | 3 | | circulation in each school district that is a member of the | 4 | | joint agreement or that is served by the educational service | 5 | | region that sets forth the time, date, place, and general | 6 | | subject matter of the hearing, provided that a notice appearing | 7 | | in a newspaper generally circulated in more than one school | 8 | | district shall be deemed to fulfill this requirement with | 9 | | respect to all of the affected districts. Joint agreements or | 10 | | regional superintendents requesting to increase the fee | 11 | | charged for driver education shall include in the published | 12 | | notice the proposed amount of the fee the applicant will | 13 | | request. The
eligible applicant must notify in writing the | 14 | | affected exclusive collective
bargaining agent and those State | 15 | | legislators representing the eligible applicant's territory of
| 16 | | its
intent to seek approval of a
waiver or
modification and of | 17 | | the hearing to be held to take testimony from staff.
The | 18 | | affected exclusive collective bargaining agents shall be | 19 | | notified of such
public hearing at least 7 days prior to the | 20 | | date of the hearing and shall be
allowed to attend
such public | 21 | | hearing. The eligible applicant shall attest to compliance with | 22 | | all of
the notification and procedural requirements set forth | 23 | | in this Section. | 24 | | (d) A request for a waiver or modification of | 25 | | administrative rules and
regulations or for a modification of | 26 | | mandates contained in this School Code
shall be submitted to |
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| 1 | | the State Board of Education within 15 days after
approval by | 2 | | the board or regional superintendent of schools. The | 3 | | application as submitted to the
State Board of Education shall | 4 | | include a description of the public hearing. Except with | 5 | | respect to contracting for adaptive driver education, an | 6 | | eligible applicant wishing to request a modification or waiver | 7 | | of administrative rules of the State Board of Education | 8 | | regarding contracting with a commercial driver training school | 9 | | to provide the course of study authorized under Section 27-24.2 | 10 | | of this Code must provide evidence with its application that | 11 | | the commercial driver training school with which it will | 12 | | contract holds a license issued by the Secretary of State under | 13 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 14 | | each instructor employed by the commercial driver training | 15 | | school to provide instruction to students served by the school | 16 | | district holds a valid teaching certificate or teaching | 17 | | license, as applicable, issued under the requirements of this | 18 | | Code and rules of the State Board of Education. Such evidence | 19 | | must include, but need not be limited to, a list of each | 20 | | instructor assigned to teach students served by the school | 21 | | district, which list shall include the instructor's name, | 22 | | personal identification number as required by the State Board | 23 | | of Education, birth date, and driver's license number. If the | 24 | | modification or waiver is granted, then the eligible applicant | 25 | | shall notify the State Board of Education of any changes in the | 26 | | personnel providing instruction within 15 calendar days after |
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| 1 | | an instructor leaves the program or a new instructor is hired. | 2 | | Such notification shall include the instructor's name, | 3 | | personal identification number as required by the State Board | 4 | | of Education, birth date, and driver's license number. If a | 5 | | school district maintains an Internet website, then the | 6 | | district shall post a copy of the final contract between the | 7 | | district and the commercial driver training school on the | 8 | | district's Internet website. If no Internet website exists, | 9 | | then the district shall make available the contract upon | 10 | | request. A record of all materials in relation to the | 11 | | application for contracting must be maintained by the school | 12 | | district and made available to parents and guardians upon | 13 | | request. The instructor's date of birth and driver's license | 14 | | number and any other personally identifying information as | 15 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 16 | | must be redacted from any public materials.
Following receipt | 17 | | of the waiver or modification request, the
State Board shall | 18 | | have 45 days to review the application and request. If the
| 19 | | State Board fails to disapprove the application within that 45 | 20 | | day period, the
waiver or modification shall be deemed granted. | 21 | | The State Board
may disapprove
any request if it is not based | 22 | | upon sound educational practices, endangers the
health or | 23 | | safety of students or staff, compromises equal opportunities | 24 | | for
learning, or fails to demonstrate that the intent of the | 25 | | rule or mandate can be
addressed in a more effective, | 26 | | efficient, or economical manner or have improved
student |
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| 1 | | performance as a primary goal. Any request disapproved by the | 2 | | State
Board may be appealed to the General Assembly by the | 3 | | eligible applicant
as outlined in this Section. | 4 | | A request for a waiver from mandates contained in this | 5 | | School Code shall be
submitted to the State Board within 15 | 6 | | days after approval by the board or regional superintendent of | 7 | | schools.
The application as submitted to the State Board of | 8 | | Education
shall include a description of the public hearing. | 9 | | The description shall
include, but need not be limited to, the | 10 | | means of notice, the number of people
in attendance, the number | 11 | | of people who spoke as proponents or opponents of the
waiver, a | 12 | | brief description of their comments, and whether there were any
| 13 | | written statements submitted.
The State Board shall review the | 14 | | applications and requests for
completeness and shall compile | 15 | | the requests in reports to be filed with the
General Assembly.
| 16 | | The State Board shall file
reports outlining the waivers
| 17 | | requested by eligible applicants
and appeals by eligible | 18 | | applicants of requests
disapproved by the State Board with the | 19 | | Senate and the House of
Representatives before each March 1 and
| 20 | | October
1. The General Assembly may disapprove the report of | 21 | | the State Board in whole
or in part within 60 calendar days | 22 | | after each house of the General Assembly
next
convenes after | 23 | | the report is filed by adoption of a resolution by a record | 24 | | vote
of the majority of members elected in each house. If the | 25 | | General Assembly
fails to disapprove any waiver request or | 26 | | appealed request within such 60
day period, the waiver or |
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| 1 | | modification shall be deemed granted. Any resolution
adopted by | 2 | | the General Assembly disapproving a report of the State Board | 3 | | in
whole or in part shall be binding on the State Board. | 4 | | (e) An approved waiver or modification (except a waiver | 5 | | from or modification to a physical education mandate) may | 6 | | remain in effect for a period not to
exceed 5 school years and | 7 | | may be renewed upon application by the
eligible applicant. | 8 | | However, such waiver or modification may be changed within that
| 9 | | 5-year period by a board or regional superintendent of schools | 10 | | applying on behalf of schools or programs operated by the | 11 | | regional office of education following the procedure as set
| 12 | | forth in this Section for the initial waiver or modification | 13 | | request. If
neither the State Board of Education nor the | 14 | | General Assembly disapproves, the
change is deemed granted. | 15 | | An approved waiver from or modification to a physical | 16 | | education mandate may remain in effect for a period not to | 17 | | exceed 2 school years and may be renewed no more than 2 times | 18 | | upon application by the eligible applicant. An approved waiver | 19 | | from or modification to a physical education mandate may be | 20 | | changed within the 2-year period by the board or regional | 21 | | superintendent of schools, whichever is applicable, following | 22 | | the procedure set forth in this Section for the initial waiver | 23 | | or modification request. If neither the State Board of | 24 | | Education nor the General Assembly disapproves, the change is | 25 | | deemed granted.
| 26 | | (f) (Blank). |
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| 1 | | (Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; | 2 | | 97-1025, eff. 1-1-13.)
| 3 | | (105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
| 4 | | Sec. 2-3.25h. Technical assistance; State support | 5 | | services. Schools, school districts, local
school councils, | 6 | | school improvement panels, and any Independent
Authority | 7 | | established under Section 2-3.25f-5 of this Code 2-3.25f may | 8 | | receive technical
assistance that the State Board of Education | 9 | | shall make
available. Such technical
assistance shall include | 10 | | without limitation assistance
in the areas of curriculum | 11 | | evaluation, the instructional process,
student performance, | 12 | | school environment, staff effectiveness,
school and community | 13 | | relations, parental involvement, resource
management, | 14 | | leadership, data analysis processes and tools, school
| 15 | | improvement plan guidance and
feedback, information regarding | 16 | | scientifically based research-proven curriculum
and | 17 | | instruction, and professional development opportunities for | 18 | | teachers and
administrators.
| 19 | | (Source: P.A. 93-470, eff. 8-8-03.)
| 20 | | (105 ILCS 5/3-14.28 rep.) | 21 | | Section 10. The School Code is amended by repealing Section | 22 | | 3-14.28.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 105 ILCS 5/2-3.25d | from Ch. 122, par. 2-3.25d | | 4 | | 105 ILCS 5/2-3.25f | from Ch. 122, par. 2-3.25f | | 5 | | 105 ILCS 5/2-3.25f-5 new | | | 6 | | 105 ILCS 5/2-3.25g | from Ch. 122, par. 2-3.25g | | 7 | | 105 ILCS 5/2-3.25h | from Ch. 122, par. 2-3.25h | | 8 | | 105 ILCS 5/3-14.28 rep. | |
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