Full Text of HB5176 102nd General Assembly
HB5176 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5176 Introduced 1/27/2022, by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/16-133 | from Ch. 108 1/2, par. 16-133 | 40 ILCS 5/16-136.4 | from Ch. 108 1/2, par. 16-136.4 | 105 ILCS 5/2-3.192 new | | 105 ILCS 5/10-17 | from Ch. 122, par. 10-17 | 105 ILCS 5/10-20.44 | | 105 ILCS 5/27-23.7 | | 105 ILCS 5/2-3.103 rep. | | 105 ILCS 5/10-20.26 rep. | |
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Amends the School Code. Sets forth various limitations on State Board of Education reporting. Removes the requirement that a school district submit a statement of affairs. Requires only the Chicago school district (rather than each school district, charter school, and nonpublic, non-sectarian elementary or secondary school) to file its policy on bullying with the State Board of Education. Repeals provisions concerning a salary and benefit survey and a report of teacher dismissals. Amends the Illinois Pension Code to make corresponding changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 16-133 and 16-136.4 as follows:
| 6 | | (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
| 7 | | Sec. 16-133. Retirement annuity; amount.
| 8 | | (a) The amount of the retirement annuity shall be (i) in | 9 | | the case of a person who first became a teacher under this | 10 | | Article before July 1, 2005, the larger of the
amounts | 11 | | determined under paragraphs (A) and (B) below, or (ii) in the | 12 | | case of a person who first becomes a teacher under this Article | 13 | | on or after July 1, 2005, the amount determined under the | 14 | | applicable provisions of paragraph (B):
| 15 | | (A) An amount consisting of the sum of the following:
| 16 | | (1) An amount that can be provided on an | 17 | | actuarially equivalent basis
by the member's | 18 | | accumulated contributions at the time of retirement; | 19 | | and
| 20 | | (2) The sum of (i) the amount that can be provided | 21 | | on an actuarially
equivalent basis by the member's | 22 | | accumulated contributions representing
service prior | 23 | | to July 1, 1947, and (ii) the amount that can be |
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| 1 | | provided on
an actuarially equivalent basis by the | 2 | | amount obtained by multiplying 1.4
times the member's | 3 | | accumulated contributions covering service subsequent | 4 | | to
June 30, 1947; and
| 5 | | (3) If there is prior service, 2 times the amount | 6 | | that would have been
determined under subparagraph (2) | 7 | | of paragraph (A) above on account of
contributions | 8 | | which would have been made during the period of prior | 9 | | service
creditable to the member had the System been | 10 | | in operation and had the
member made contributions at | 11 | | the contribution rate in effect prior to
July 1, 1947.
| 12 | | This paragraph (A) does not apply to a person who | 13 | | first becomes a teacher under this Article on or after | 14 | | July 1, 2005.
| 15 | | (B) An amount consisting of the greater of the | 16 | | following:
| 17 | | (1) For creditable service earned before July 1, | 18 | | 1998 that has not
been augmented under Section | 19 | | 16-129.1: 1.67% of final average salary for
each of | 20 | | the first 10 years of creditable service, 1.90% of | 21 | | final average salary
for each year in excess of 10 but | 22 | | not exceeding 20, 2.10% of final average
salary for | 23 | | each year in excess of 20 but not exceeding 30, and | 24 | | 2.30% of final
average salary for each year in excess | 25 | | of 30; and
| 26 | | For creditable service earned on or after July 1, |
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| 1 | | 1998 by a member who
has at least 24 years of | 2 | | creditable service on July 1, 1998 and who
does not | 3 | | elect to augment service under Section 16-129.1: 2.2% | 4 | | of final
average salary for each year of creditable | 5 | | service earned on or after July 1,
1998 but before the | 6 | | member reaches a total of 30 years of creditable | 7 | | service
and 2.3% of final average salary for each year | 8 | | of creditable service earned
on or after July 1, 1998 | 9 | | and after the member reaches a total of 30 years of
| 10 | | creditable service; and
| 11 | | For all other creditable service: 2.2% of final | 12 | | average salary
for each year of creditable service; or
| 13 | | (2) 1.5% of final average salary for each year of
| 14 | | creditable service plus the sum $7.50 for each of the | 15 | | first 20 years of
creditable service.
| 16 | | The amount of the retirement annuity determined under this | 17 | | paragraph (B)
shall be reduced by 1/2 of 1% for each month | 18 | | that the member is less than
age 60 at the time the | 19 | | retirement annuity begins. However, this reduction
shall | 20 | | not apply (i) if the member has at least 35 years of | 21 | | creditable service,
or (ii) if the member retires on | 22 | | account of disability under Section 16-149.2
of this | 23 | | Article with at least 20 years of creditable service, or | 24 | | (iii) if
the member (1) has earned during the period | 25 | | immediately preceding the last
day of service at least one | 26 | | year of contributing creditable service as an
employee of |
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| 1 | | a department as defined in Section 14-103.04, (2) has | 2 | | earned at
least 5 years of contributing creditable service | 3 | | as an employee of a department
as defined in Section | 4 | | 14-103.04, (3) retires on or after January 1, 2001, and
| 5 | | (4) retires having attained an age which, when added to | 6 | | the number of years of
his or her total creditable | 7 | | service, equals at least 85. Portions of years
shall be | 8 | | counted as decimal equivalents.
| 9 | | (b) For purposes of this Section, except as provided in | 10 | | subsection (b-5), final average salary shall be the
average | 11 | | salary for the highest 4 consecutive years within the last 10 | 12 | | years
of creditable service as determined under rules of the | 13 | | board. | 14 | | The minimum
final average salary shall be considered to | 15 | | be $2,400 per year.
| 16 | | In the determination of final average salary for members | 17 | | other than
elected officials and their appointees when such | 18 | | appointees are allowed by
statute, that part of a member's | 19 | | salary for any year beginning after June
30, 1979 which | 20 | | exceeds the member's annual full-time salary rate with the
| 21 | | same employer for the preceding year by more than 20% shall be | 22 | | excluded.
The exclusion shall not apply in any year in which | 23 | | the member's creditable
earnings are less than 50% of the | 24 | | preceding year's mean salary for downstate
teachers as | 25 | | determined by a the survey of school district salaries | 26 | | provided in
Section 2-3.103 of the School Code .
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| 1 | | (b-5) A teacher who retires on or after June 1, 2021 and | 2 | | for whom the 2020-2021 school year is used in the calculation | 3 | | of the member's final average salary shall use the higher of | 4 | | the following for the purpose of determining the member's | 5 | | final average salary: | 6 | | (A) the amount otherwise calculated under subsection | 7 | | (b); or | 8 | | (B) an amount calculated by the System using the | 9 | | average salary for the 4 highest years within the last 10 | 10 | | years of creditable service as determined under the rules | 11 | | of the board. | 12 | | (c) In determining the amount of the retirement annuity | 13 | | under paragraph
(B) of this Section, a fractional year shall | 14 | | be granted proportional credit.
| 15 | | (d) The retirement annuity determined under paragraph (B) | 16 | | of this Section
shall be available only to members who render | 17 | | teaching service after July
1, 1947 for which member | 18 | | contributions are required, and to annuitants who
re-enter | 19 | | under the provisions of Section 16-150.
| 20 | | (e) The maximum retirement annuity provided under | 21 | | paragraph (B) of this
Section shall be 75% of final average | 22 | | salary.
| 23 | | (f) A member retiring after the effective date of this | 24 | | amendatory Act
of 1998 shall receive a pension equal to 75% of | 25 | | final average salary if the
member is qualified to receive a | 26 | | retirement annuity equal to at least 74.6%
of final average |
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| 1 | | salary under this Article or as proportional annuities under
| 2 | | Article 20 of this Code.
| 3 | | (Source: P.A. 102-16, eff. 6-17-21.)
| 4 | | (40 ILCS 5/16-136.4) (from Ch. 108 1/2, par. 16-136.4)
| 5 | | Sec. 16-136.4. Single-sum retirement benefit.
| 6 | | (a) A member who has less than 5 years of creditable | 7 | | service shall be
entitled, upon written application to the | 8 | | board, to receive a retirement
benefit payable in a single sum | 9 | | upon or after the member's attainment of
age 65. However, the | 10 | | benefit shall not be paid while the member is
employed as a | 11 | | teacher in the schools included under this Article or Article
| 12 | | 17, unless the System is required by federal law to make | 13 | | payment due to the
member's age.
| 14 | | (b) The retirement benefit shall consist of a single sum | 15 | | that is the
actuarial equivalent of a life annuity consisting | 16 | | of 1.67% of the member's
final average salary for each year of | 17 | | creditable service. In determining
the amount of the benefit, | 18 | | a fractional year shall be granted proportional
credit.
| 19 | | For the purposes of this Section, final average salary | 20 | | shall be the
average salary of the member's highest 4 | 21 | | consecutive years of service
as determined under rules of the | 22 | | board. For a member with less than 4
consecutive years of | 23 | | service, final average salary shall be the average
salary | 24 | | during the member's entire period of service. In the | 25 | | determination
of final average salary for members other than |
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| 1 | | elected officials and their
appointees when such appointees | 2 | | are allowed by statute, that part of a
member's salary which | 3 | | exceeds the member's annual full-time salary rate
with the | 4 | | same employer for the preceding year by more than 20% shall be
| 5 | | excluded.
The exclusion shall not apply in any year in which | 6 | | the member's creditable
earnings are less than 50% of the | 7 | | preceding year's mean salary for downstate
teachers as | 8 | | determined by a the survey of school district salaries | 9 | | provided in
Section 2-3.103 of the School Code .
| 10 | | (c) The retirement benefit determined under this Section | 11 | | shall be
available to all members who render teaching service | 12 | | after July 1, 1947 for
which member contributions are | 13 | | required.
| 14 | | (d) Upon acceptance of the retirement benefit, all of the | 15 | | member's
accrued rights and credits in the System are | 16 | | forfeited. Receipt of a
single-sum retirement benefit under | 17 | | this Section does not make a person an
"annuitant" for the | 18 | | purposes of this Article, nor a "benefit recipient" for
the | 19 | | purposes of Sections 16-153.1 through 16-153.4.
| 20 | | (Source: P.A. 91-887, eff. 7-6-00.)
| 21 | | Section 10. The School Code is amended by adding Section | 22 | | 2-3.192 and by changing Sections 10-17, 10-20.44, and 27-23.7 | 23 | | as follows: | 24 | | (105 ILCS 5/2-3.192 new) |
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| 1 | | Sec. 2-3.192. Limitations on reporting. | 2 | | (a) The State Board of Education shall merge its grant | 3 | | periodic report and electronic expenditure report required to | 4 | | be submitted by school districts into one report that is due at | 5 | | the close of the second quarter and fourth quarter. However, | 6 | | if a district needs reimbursement for expenses before the | 7 | | close of the second quarter or fourth quarter, then the | 8 | | district may elect to submit the report more frequently. | 9 | | (b) Single facility districts and districts in which | 10 | | attendance centers do not duplicate grade
levels shall be | 11 | | excluded from the State Board's comparability documentation | 12 | | and site-based expense report for Title I, Part A of the | 13 | | federal Elementary and Secondary Education Act of 1965. | 14 | | (c) The State Board may not conduct a survey of unfilled | 15 | | teaching positions that asks for the same information that is | 16 | | contained in the list of unfilled teaching positions | 17 | | maintained by a regional superintendent of schools under | 18 | | Section 3-14.25. | 19 | | (d) The State Board shall merge its financial reporting, | 20 | | which includes the budget, evidence-based spending plan, audit | 21 | | and annual financial report,
maintenance of effort for special | 22 | | education report, and teacher salary and benefits report, into | 23 | | 2 documents, one of which shall be a budget, which shall | 24 | | reflect a spending plan, and one of which shall be an audit and | 25 | | annual
financial report, which shall reflect actual expenses | 26 | | at the close of a fiscal year. |
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| 1 | | (e) With respect to the NCLB/ESSA Monitoring Instrument, | 2 | | the State Board shall require a comment and proof indicator | 3 | | only for items
in which a district responds with an answer of | 4 | | "no" and shall use a check box format for district | 5 | | administrators
to acknowledge compliance when completing ESSA | 6 | | grant applications. | 7 | | (f) With respect to issues of compliance with State or | 8 | | federal requirements in grant applications and reports, the | 9 | | State Board shall include
compliance statements for district | 10 | | administrators to acknowledge by selecting a check box instead | 11 | | of requiring draft
statements. | 12 | | (g) The State Board shall eliminate all outdated | 13 | | categories and reports from its Web Application Security | 14 | | System (IWAS), including IDEA Part B Flow-through, IDEA Part B | 15 | | Preschool, ARRA Education Jobs Supplemental Funds, ARRA IDEA | 16 | | Part B Flow-through, ARRA IDEA Part B Preschool, the ARRA NCLB | 17 | | Consolidated Application, the Foster Care Transportation Plan, | 18 | | the GATA Risk Assessment, the NCLB Consolidated Application, | 19 | | Preschool for All Cont. 0-3 EC, Preschool for All Cont. 3-5 EC, | 20 | | the Teacher Quality-Teacher Residencies RFP, the Title I | 21 | | District Plan, the Reduction in Force Survey, the Survey of | 22 | | Learning Conditions, the End of the Year Report, the Teacher | 23 | | Salary Study, and ISBE Dash. The State Board may not include | 24 | | categories and reports in IWAS that are not applicable to a | 25 | | school district. | 26 | | (h) The State Board shall merge its budget form and |
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| 1 | | evidence-based funding spending plan
into one report. | 2 | | (i) The State Board shall merge its audit report, annual | 3 | | financial report, district financial report, report of
| 4 | | contracts exceeding $25,000, and employee salary and benefits | 5 | | report into one report. | 6 | | (j) The State Board's maintenance of effort report shall | 7 | | draw data from the merged report under subsection (i). The | 8 | | maintenance of effort report shall require a verification | 9 | | process rather
than require district administrators to provide | 10 | | data for the report. | 11 | | (k) The State Board shall categorize school energy | 12 | | efficiency grants and school maintenance grants as grants, not | 13 | | surveys, in reports concerning those grants. | 14 | | (l) The State Board may send notices regarding reporting | 15 | | deadlines only to districts that have not already
completed | 16 | | their reporting. | 17 | | (105 ILCS 5/10-17) (from Ch. 122, par. 10-17)
| 18 | | Sec. 10-17. Statement of affairs.
| 19 | | (a) In Class I or Class II county
school units the school | 20 | | board may use either a cash basis or accrual
system of | 21 | | accounting; however, any board so electing to use the accrual
| 22 | | system may not change to a cash basis without the permission of | 23 | | the
State Board of Education.
| 24 | | School Boards using either a cash basis or accrual system | 25 | | of
accounting shall maintain records showing the assets, |
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| 1 | | liabilities and
fund balances in such minimum forms as may be | 2 | | prescribed by the
State Board of Education. Such boards shall | 3 | | make available to the public a
statement as provided in | 4 | | subsection (b) of the affairs of the district prior to | 5 | | December 1 annually by submitting the statement of affairs in
| 6 | | such form as may be prescribed by the State Board of Education | 7 | | for
posting on the State Board of Education's Internet website | 8 | | and , by having
copies of the statement of affairs available in | 9 | | the main administrative office of the district . , and by | 10 | | publishing in a newspaper of general circulation published in | 11 | | the school district an annual statement of affairs summary | 12 | | containing at a minimum all of the following information: | 13 | | (1) A summary statement of operations for all funds of | 14 | | the district, as excerpted from the statement of affairs | 15 | | filed with the State Board of Education. The summary | 16 | | statement must include a listing of all moneys received by | 17 | | the district, indicating the total amounts, in the | 18 | | aggregate, each fund of the district received, with a | 19 | | general statement concerning the source of receipts. | 20 | | (2) Except as provided in subdivision (3) of this | 21 | | subsection (a), a listing of all moneys paid out by the | 22 | | district where the total amount paid during the fiscal | 23 | | year exceeds $2,500 in the aggregate per person, giving | 24 | | the name of each person to whom moneys were paid and the | 25 | | total paid to each person. | 26 | | (3) A listing of all personnel, by name, with an |
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| 1 | | annual fiscal year gross payment in the categories set | 2 | | forth in subdivisions 1 and 2 of subsection (c) of this | 3 | | Section. | 4 | | In this Section, "newspaper of general circulation" means a | 5 | | newspaper of general circulation published in the school | 6 | | district, or, if no newspaper is published in the school | 7 | | district, a newspaper published in the county where the school | 8 | | district is located or, if no newspaper is published in the | 9 | | county, a newspaper published in the educational service | 10 | | region where the regional superintendent of schools has | 11 | | supervision and control of the school district. The submission | 12 | | to the State Board of Education shall include an assurance | 13 | | that the statement of affairs has been made available in the | 14 | | main administrative office of the school district and that the | 15 | | required notice has been published in accordance with this | 16 | | Section.
| 17 | | After December 15 annually, upon 10 days prior written | 18 | | notice to the school district, the State Board of Education | 19 | | may discontinue the processing of payments to the State | 20 | | Comptroller's office on behalf of any school district that is | 21 | | not in compliance with the requirements imposed by this | 22 | | Section. The State Board of Education shall resume the | 23 | | processing of payments to the State Comptroller's Office on | 24 | | behalf of the school district once the district is in | 25 | | compliance with the requirements imposed by this Section.
| 26 | | The State Board of Education must post, on or before |
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| 1 | | January 15, all statements of affairs timely received from | 2 | | school districts.
| 3 | | (b) When any school district is the administrative | 4 | | district for several
school districts operating under a joint | 5 | | agreement as authorized by this
Code, no receipts or | 6 | | disbursements accruing, received or paid out
by that
school | 7 | | district as such an administrative district shall be included | 8 | | in
the statement of affairs of the district required by this | 9 | | Section.
However, that district shall have prepared and made | 10 | | available to the public, in accordance with subsection (a) of | 11 | | this Section, in the same
manner and subject to the same | 12 | | requirements as are provided in this
Section for the statement | 13 | | of affairs of that district, a statement
showing the cash | 14 | | receipts and disbursements by funds (or the revenue,
expenses | 15 | | and financial position, if the accrual system of accounting is
| 16 | | used) of the district as such administrative district, in the | 17 | | form
prescribed by the State Board of Education. The costs of
| 18 | | publishing the notice and summary of this separate statement
| 19 | | prepared by such an administrative
district shall be | 20 | | apportioned among and paid by the participating
districts in | 21 | | the same manner as other costs and expenses accruing to
those | 22 | | districts jointly.
School districts on a cash basis shall have | 23 | | prepared and made available to
the public, in accordance with | 24 | | subsection (a) of this Section, a
statement showing the cash | 25 | | receipts and disbursements by funds in the
form prescribed by | 26 | | the State Board of Education.
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| 1 | | School districts using the accrual system of accounting | 2 | | shall have
prepared and made available to the public, in | 3 | | accordance with subsection (a) of this Section, a statement of
| 4 | | revenue
and expenses and a statement
of financial position in | 5 | | the form prescribed by the State Board of Education.
| 6 | | In Class II county school units such statement shall be | 7 | | prepared and
made available to the public, in accordance with | 8 | | subsection (a) of this Section, by the township treasurer of | 9 | | the
unit within which such
districts are located, except with | 10 | | respect to the school board of any
school district that no | 11 | | longer is subject to the jurisdiction and authority
of a | 12 | | township treasurer or trustees of schools of a township
| 13 | | because the district has withdrawn from the jurisdiction and | 14 | | authority of the
township treasurer and trustees of schools of | 15 | | the township or because
those offices have been abolished as | 16 | | provided in subsection (b) or
(c) of Section 5-1, and as to | 17 | | each such school district the statement
required by this | 18 | | Section shall be prepared and made available to the public, in | 19 | | accordance with subsection (a) of this Section, by the school
| 20 | | board of such district in the same manner as required for | 21 | | school boards of
school districts situated in Class I county | 22 | | school units.
| 23 | | (c) (Blank). The statement of affairs required pursuant to | 24 | | this Section shall contain such information as may
be required | 25 | | by the State Board of Education, including:
| 26 | | 1. Annual fiscal year gross payment for certificated |
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| 1 | | personnel to be
shown by name, listing each employee in | 2 | | one of the following categories:
| 3 | | (a) Under $25,000
| 4 | | (b) $25,000 to $39,999
| 5 | | (c) $40,000 to $59,999
| 6 | | (d) $60,000 to $89,999
| 7 | | (e) $90,000 and over
| 8 | | 2. Annual fiscal year payment for non-certificated | 9 | | personnel to be
shown by name, listing each employee in | 10 | | one of the following categories:
| 11 | | (a) Under $25,000
| 12 | | (b) $25,000 to $39,999
| 13 | | (c) $40,000 to $59,999
| 14 | | (d) $60,000 and over
| 15 | | 3. In addition to wages and salaries all other moneys | 16 | | in the
aggregate paid to recipients of $1,000 or more, | 17 | | giving the name of the
person, firm or corporation and the | 18 | | total amount received by each.
| 19 | | 4. Approximate size of school district in square | 20 | | miles.
| 21 | | 5. Number of school attendance centers.
| 22 | | 6. Numbers of employees as follows:
| 23 | | (a) Full-time certificated employees;
| 24 | | (b) Part-time certificated employees;
| 25 | | (c) Full-time non-certificated employees;
| 26 | | (d) Part-time non-certificated employees.
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| 1 | | 7. Numbers of pupils as follows:
| 2 | | (a) Enrolled by grades;
| 3 | | (b) Total enrolled;
| 4 | | (c) Average daily attendance.
| 5 | | 8. Assessed valuation as follows:
| 6 | | (a) Total of the district;
| 7 | | (b) Per pupil in average daily attendance.
| 8 | | 9. Tax rate for each district fund.
| 9 | | 10. District financial obligation at the close of the | 10 | | fiscal year as
follows:
| 11 | | (a) Teachers' orders outstanding;
| 12 | | (b) Anticipation warrants outstanding for each | 13 | | fund.
| 14 | | 11. Total bonded debt at the close of the fiscal year.
| 15 | | 12. Percent of bonding power obligated currently.
| 16 | | 13. Value of capital assets of the district including:
| 17 | | (a) Land;
| 18 | | (b) Buildings;
| 19 | | (c) Equipment.
| 20 | | 14. Total amount of investments each fund.
| 21 | | 15. Change in net cash position from the previous | 22 | | report period for
each district fund.
| 23 | | A In addition to the above report, a report
of | 24 | | expenditures in the aggregate paid on behalf of recipients of | 25 | | $500 or
more, giving the name of the person, firm or | 26 | | corporation and the total
amount received by each shall be |
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| 1 | | available in the school district office
for public inspection. | 2 | | This listing shall include all wages, salaries
and | 3 | | expenditures over $500 expended from any revolving fund | 4 | | maintained
by the district. Any resident of the school | 5 | | district may receive a copy
of this report, upon request, by | 6 | | paying a reasonable charge to defray
the costs of preparing | 7 | | such copy.
| 8 | | (d) This Section does not apply to cities having a | 9 | | population exceeding
500,000.
| 10 | | (Source: P.A. 94-875, eff. 7-1-06.)
| 11 | | (105 ILCS 5/10-20.44) | 12 | | Sec. 10-20.44. Report on contracts. | 13 | | (a) This Section applies to all school districts, | 14 | | including a school district organized under Article 34 of this | 15 | | Code. | 16 | | (b) A school board must
list on the district's Internet | 17 | | website, if any, all contracts
over $25,000 and any contract | 18 | | that the school board enters into
with an exclusive bargaining | 19 | | representative. | 20 | | (c) Each year, in conjunction with the submission of the | 21 | | Statement of Affairs to the State Board of Education prior to | 22 | | December 1, provided for in Section 10-17, each school | 23 | | district shall submit to the State Board of Education an | 24 | | annual report on all contracts over $25,000 awarded by the | 25 | | school district during the previous fiscal year. The report |
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| 1 | | shall include at least the following: | 2 | | (1) the total number of all contracts awarded by the | 3 | | school district; | 4 | | (2) the total value of all contracts awarded; | 5 | | (3) the number of contracts awarded to minority-owned | 6 | | businesses, women-owned businesses, and businesses owned | 7 | | by persons with disabilities, as defined in the Business | 8 | | Enterprise for Minorities, Women, and Persons with | 9 | | Disabilities Act, and locally owned businesses; and | 10 | | (4) the total value of contracts awarded to | 11 | | minority-owned businesses, women-owned businesses, and | 12 | | businesses owned by persons with disabilities, as defined | 13 | | in the Business Enterprise for Minorities, Women, and | 14 | | Persons with Disabilities Act, and locally owned | 15 | | businesses. | 16 | | The report shall be made available to the public, | 17 | | including publication on the school district's Internet | 18 | | website, if any.
| 19 | | (Source: P.A. 100-391, eff. 8-25-17.) | 20 | | (105 ILCS 5/27-23.7) | 21 | | Sec. 27-23.7. Bullying prevention. | 22 | | (a) The General Assembly finds that a safe and civil | 23 | | school environment is necessary for students to learn and | 24 | | achieve and that bullying causes physical, psychological, and | 25 | | emotional harm to students and interferes with students' |
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| 1 | | ability to learn and participate in school activities. The | 2 | | General Assembly further finds that bullying has been linked | 3 | | to other forms of antisocial behavior, such as vandalism, | 4 | | shoplifting, skipping and dropping out of school, fighting, | 5 | | using drugs and alcohol, sexual harassment, and sexual | 6 | | violence. Because of the negative outcomes associated with | 7 | | bullying in schools, the General Assembly finds that school | 8 | | districts, charter schools, and non-public, non-sectarian | 9 | | elementary and secondary schools should educate students, | 10 | | parents, and school district, charter school, or non-public, | 11 | | non-sectarian elementary or secondary school personnel about | 12 | | what behaviors constitute prohibited bullying. | 13 | | Bullying on the basis of actual or perceived race, color, | 14 | | religion, sex, national origin, ancestry, age, marital status, | 15 | | physical or mental disability, military status, sexual | 16 | | orientation, gender-related identity or expression, | 17 | | unfavorable discharge from military service, association with | 18 | | a person or group with one or more of the aforementioned actual | 19 | | or perceived characteristics, or any other distinguishing | 20 | | characteristic is prohibited in all school districts, charter | 21 | | schools, and non-public, non-sectarian elementary and | 22 | | secondary schools.
No student shall be subjected to bullying: | 23 | | (1) during any school-sponsored education program or | 24 | | activity; | 25 | | (2) while in school, on school property, on school | 26 | | buses or other school vehicles, at designated school bus |
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| 1 | | stops waiting for the school bus, or at school-sponsored | 2 | | or school-sanctioned events or activities; | 3 | | (3) through the transmission of information from a | 4 | | school computer, a school computer network, or other | 5 | | similar electronic school equipment; or | 6 | | (4) through the transmission of information from a | 7 | | computer that is accessed at a nonschool-related location, | 8 | | activity, function, or program or from the use of | 9 | | technology or an electronic device that is not owned, | 10 | | leased, or used by a school district or school if the | 11 | | bullying causes a substantial disruption to the | 12 | | educational process or orderly operation of a school. This | 13 | | item (4) applies only in cases in which a school | 14 | | administrator or teacher receives a report that bullying | 15 | | through this means has occurred and does not require a | 16 | | district or school to staff or monitor any | 17 | | nonschool-related activity, function, or program. | 18 | | (a-5) Nothing in this Section is intended to infringe upon | 19 | | any right to exercise free expression or the free exercise of | 20 | | religion or religiously based views protected under the First | 21 | | Amendment to the United States Constitution or under Section 3 | 22 | | of Article I of the Illinois Constitution. | 23 | | (b) In this Section:
| 24 | | "Bullying" includes "cyber-bullying" and means any severe | 25 | | or pervasive physical or verbal act or conduct, including | 26 | | communications made in writing or electronically, directed |
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| 1 | | toward a student or students that has or can be reasonably | 2 | | predicted to have the effect of one or more of the following: | 3 | | (1) placing the student or students in reasonable fear | 4 | | of harm to the student's or students' person or property; | 5 | | (2) causing a substantially detrimental effect on the | 6 | | student's or students' physical or mental health; | 7 | | (3) substantially interfering with the student's or | 8 | | students' academic performance; or | 9 | | (4) substantially interfering with the student's or | 10 | | students' ability to participate in or benefit from the | 11 | | services, activities, or privileges provided by a school. | 12 | | Bullying, as defined in this subsection (b), may take | 13 | | various forms, including without limitation one or more of the | 14 | | following: harassment, threats, intimidation, stalking, | 15 | | physical violence, sexual harassment, sexual violence, theft, | 16 | | public humiliation, destruction of property, or retaliation | 17 | | for asserting or alleging an act of bullying. This list is | 18 | | meant to be illustrative and non-exhaustive. | 19 | | "Cyber-bullying" means bullying through the use of | 20 | | technology or any electronic communication, including without | 21 | | limitation any transfer of signs, signals, writing, images, | 22 | | sounds, data, or intelligence of any nature transmitted in | 23 | | whole or in part by a wire, radio, electromagnetic system, | 24 | | photoelectronic system, or photooptical system, including | 25 | | without limitation electronic mail, Internet communications, | 26 | | instant messages, or facsimile communications. |
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| 1 | | "Cyber-bullying" includes the creation of a webpage or weblog | 2 | | in which the creator assumes the identity of another person or | 3 | | the knowing impersonation of another person as the author of | 4 | | posted content or messages if the creation or impersonation | 5 | | creates any of the effects enumerated in the definition of | 6 | | bullying in this Section. "Cyber-bullying" also includes the | 7 | | distribution by electronic means of a communication to more | 8 | | than one person or the posting of material on an electronic | 9 | | medium that may be accessed by one or more persons if the | 10 | | distribution or posting creates any of the effects enumerated | 11 | | in the definition of bullying in this Section. | 12 | | "Policy on bullying" means a bullying prevention policy | 13 | | that meets the following criteria: | 14 | | (1) Includes the bullying definition provided in this | 15 | | Section. | 16 | | (2) Includes a statement that bullying is contrary to | 17 | | State law and the policy of the school district, charter | 18 | | school, or non-public, non-sectarian elementary or | 19 | | secondary school and is consistent with subsection (a-5) | 20 | | of this Section. | 21 | | (3) Includes procedures for promptly reporting | 22 | | bullying, including, but not limited to, identifying and | 23 | | providing the school e-mail address (if applicable) and | 24 | | school telephone number for the staff person or persons | 25 | | responsible for receiving such reports and a procedure for | 26 | | anonymous reporting; however, this shall not be construed |
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| 1 | | to permit formal disciplinary action solely on the basis | 2 | | of an anonymous report. | 3 | | (4) Consistent with federal and State laws and rules | 4 | | governing student privacy rights, includes procedures for | 5 | | promptly informing parents or guardians of all students | 6 | | involved in the alleged incident of bullying and | 7 | | discussing, as appropriate, the availability of social | 8 | | work services, counseling, school psychological services, | 9 | | other interventions, and restorative measures. | 10 | | (5) Contains procedures for promptly investigating and | 11 | | addressing reports of bullying, including the following: | 12 | | (A) Making all reasonable efforts to complete the | 13 | | investigation within 10 school days after the date the | 14 | | report of the incident of bullying was received and | 15 | | taking into consideration additional relevant | 16 | | information received during the course of the | 17 | | investigation about the reported incident of bullying. | 18 | | (B) Involving appropriate school support personnel | 19 | | and other staff persons with knowledge, experience, | 20 | | and training on bullying prevention, as deemed | 21 | | appropriate, in the investigation process. | 22 | | (C) Notifying the principal or school | 23 | | administrator or his or her designee of the report of | 24 | | the incident of bullying as soon as possible after the | 25 | | report is received. | 26 | | (D) Consistent with federal and State laws and |
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| 1 | | rules governing student privacy rights, providing | 2 | | parents and guardians of the students who are parties | 3 | | to the investigation information about the | 4 | | investigation and an opportunity to meet with the | 5 | | principal or school administrator or his or her | 6 | | designee to discuss the investigation, the findings of | 7 | | the investigation, and the actions taken to address | 8 | | the reported incident of bullying. | 9 | | (6) Includes the interventions that can be taken to | 10 | | address bullying, which may include, but are not limited | 11 | | to, school social work services, restorative measures, | 12 | | social-emotional skill building, counseling, school | 13 | | psychological services, and community-based services. | 14 | | (7) Includes a statement prohibiting reprisal or | 15 | | retaliation against any person who reports an act of | 16 | | bullying and the consequences and appropriate remedial | 17 | | actions for a person who engages in reprisal or | 18 | | retaliation. | 19 | | (8) Includes consequences and appropriate remedial | 20 | | actions for a person found to have falsely accused another | 21 | | of bullying as a means of retaliation or as a means of | 22 | | bullying. | 23 | | (9) Is based on the engagement of a range of school | 24 | | stakeholders, including students and parents or guardians. | 25 | | (10) Is posted on the school district's, charter
| 26 | | school's, or non-public, non-sectarian elementary or
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| 1 | | secondary school's existing Internet website, is
included | 2 | | in the student handbook, and, where applicable,
posted | 3 | | where other policies, rules, and standards of
conduct are | 4 | | currently posted in the school and provided periodically | 5 | | throughout the school year to students and faculty, and is
| 6 | | distributed annually to parents, guardians, students, and
| 7 | | school personnel, including new employees when hired. | 8 | | (11) As part of the process of reviewing and | 9 | | re-evaluating the policy under subsection (d) of this | 10 | | Section, contains a policy evaluation process to assess | 11 | | the outcomes and effectiveness of the policy that | 12 | | includes, but is not limited to, factors such as the | 13 | | frequency of victimization; student, staff, and family | 14 | | observations of safety at a school; identification of | 15 | | areas of a school where bullying occurs; the types of | 16 | | bullying utilized; and bystander intervention or | 17 | | participation. The school district, charter school, or | 18 | | non-public, non-sectarian elementary or secondary school | 19 | | may use relevant data and information it already collects | 20 | | for other purposes in the policy evaluation. The | 21 | | information developed as a result of the policy evaluation | 22 | | must be made available on the Internet website of the | 23 | | school district, charter school, or non-public, | 24 | | non-sectarian elementary or secondary school. If an | 25 | | Internet website is not available, the information must be | 26 | | provided to school administrators, school board members, |
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| 1 | | school personnel, parents, guardians, and students. | 2 | | (12) Is consistent with the policies of the school | 3 | | board, charter school, or non-public, non-sectarian | 4 | | elementary or secondary school. | 5 | | "Restorative measures" means a continuum of school-based | 6 | | alternatives to exclusionary discipline, such as suspensions | 7 | | and expulsions, that: (i) are adapted to the particular needs | 8 | | of the school and community, (ii) contribute to maintaining | 9 | | school safety, (iii) protect the integrity of a positive and | 10 | | productive learning climate, (iv) teach students the personal | 11 | | and interpersonal skills they will need to be successful in | 12 | | school and society, (v) serve to build and restore | 13 | | relationships among students, families, schools, and | 14 | | communities, (vi) reduce the likelihood of future disruption | 15 | | by balancing accountability with an understanding of students' | 16 | | behavioral health needs in order to keep students in school, | 17 | | and (vii) increase student accountability if the incident of | 18 | | bullying is based on religion, race, ethnicity, or any other | 19 | | category that is identified in the Illinois Human Rights Act. | 20 | | "School personnel" means persons employed by, on contract | 21 | | with, or who volunteer in a school district, charter school, | 22 | | or non-public, non-sectarian elementary or secondary school, | 23 | | including without limitation school and school district | 24 | | administrators, teachers, school social workers, school | 25 | | counselors, school psychologists, school nurses, cafeteria | 26 | | workers, custodians, bus drivers, school resource officers, |
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| 1 | | and security guards. | 2 | | (c) (Blank).
| 3 | | (d) Each school district, charter school, and non-public, | 4 | | non-sectarian elementary or secondary school shall create, | 5 | | maintain, and implement a policy on bullying . A school | 6 | | district organized under Article 34, must file its , which | 7 | | policy must be filed with the State Board of Education. The | 8 | | policy or implementing procedure shall include a process to | 9 | | investigate whether a reported act of bullying is within the | 10 | | permissible scope of the district's or school's jurisdiction | 11 | | and shall require that the district or school provide the | 12 | | victim with information regarding services that are available | 13 | | within the district and community, such as counseling, support | 14 | | services, and other programs. School personnel available for | 15 | | help with a bully or to make a report about bullying shall be | 16 | | made known to parents or legal guardians, students, and school | 17 | | personnel. Every 2 years, each school district, charter | 18 | | school, and non-public, non-sectarian elementary or secondary | 19 | | school shall conduct a review and re-evaluation of its policy | 20 | | and make any necessary and appropriate revisions. A school | 21 | | district organized under Article 34 must file its The policy | 22 | | must be filed with the State Board of Education after being | 23 | | updated. The State Board of Education shall monitor and | 24 | | provide technical support for the implementation of policies | 25 | | created under this subsection (d). | 26 | | (e) This Section shall not be interpreted to prevent a |
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| 1 | | victim from seeking redress under any other available civil or | 2 | | criminal law.
| 3 | | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; | 4 | | revised 10-18-21.) | 5 | | (105 ILCS 5/2-3.103 rep.) | 6 | | (105 ILCS 5/10-20.26 rep.) | 7 | | Section 15. The School Code is amended by repealing | 8 | | Sections 2-3.103 and 10-20.26.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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