Full Text of SB1319 099th General Assembly
SB1319enr 99TH GENERAL ASSEMBLY |
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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 | | 1A-10, 1C-4, 2-3.12, 2-3.25o, 2-3.39, 2-3.62, 2-3.64a-5, 3-1, | 6 | | 3-2.5, 3-11, 3-15.6, 3-15.10, 3-15.17, 10-17a, 14-8.02, | 7 | | 14-9.01, 14C-1, 14C-2, 14C-3, 14C-5, 14C-7, 14C-9, 14C-11, | 8 | | 27A-5, 34-2.4, and 34-8.17 and by renumbering and changing | 9 | | Section 2-3.160 as follows: | 10 | | (105 ILCS 5/1A-10)
| 11 | | Sec. 1A-10. Divisions of Board. The State Board of | 12 | | Education shall have, without limitation, the following , | 13 | | before April 1, 2005, create divisions within the Board , | 14 | | including without limitation the following : | 15 | | (1) Educator Effectiveness Teaching and Learning | 16 | | Services for All Children . | 17 | | (2) Improvement and Innovation School Support Services | 18 | | for All Schools .
| 19 | | (3) Fiscal Support Services. | 20 | | (4) (Blank). | 21 | | (5) Internal Auditor. | 22 | | (6) Human Resources.
| 23 | | (7) Legal. |
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| 1 | | (8) Specialized Instruction, Nutrition, and Wellness. | 2 | | (9) Language and Early Childhood Development. | 3 | | The State Board of Education may, after consultation with the | 4 | | General Assembly, add any divisions or functions to the Board | 5 | | that it deems appropriate and consistent with Illinois law.
| 6 | | (Source: P.A. 95-793, eff. 1-1-09.)
| 7 | | (105 ILCS 5/1C-4)
| 8 | | Sec. 1C-4. Reports. The State Superintendent of Education, | 9 | | in cooperation
with the school districts participating under | 10 | | this Article, shall annually
report to the leadership of the | 11 | | General Assembly on the progress made in
implementing this | 12 | | Article. By February 1, 1997, the State Board of Education
| 13 | | shall submit to the Governor and General Assembly a | 14 | | comprehensive plan for
Illinois school districts, including | 15 | | the school district that has been
organized under Article 34 | 16 | | and is under the jurisdiction of the Chicago Board
of | 17 | | Education, to establish and implement a block grant funding | 18 | | system for
educational programs that are currently funded | 19 | | through single-program grants.
Before submitting its plan to | 20 | | establish and implement a block grant funding
system to the | 21 | | Governor and General Assembly as required by this Section, the
| 22 | | State Board of Education shall give appropriate notice of and | 23 | | hold statewide
public hearings on the subject of funding | 24 | | educational programs through block
grants. The
plan shall be
| 25 | | designed to relieve school districts of the administrative |
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| 1 | | burdens that impede
efficiency and accompany single-program | 2 | | funding. A school district that receives an Early Childhood | 3 | | Education Block Grant shall report to the State Board of | 4 | | Education on its use of the block
grant in such form and detail | 5 | | as the State Board of Education
may specify. In addition, the | 6 | | report must include the following
description for the district, | 7 | | which must also be reported to
the General Assembly: block | 8 | | grant allocation and expenditures
by program; population and | 9 | | service levels by program; and
administrative expenditures by | 10 | | program. The State Board of Education shall ensure that the | 11 | | reporting requirements for a district organized under Article | 12 | | 34 of this Code are the same as for all other school districts | 13 | | in this State. | 14 | | (Source: P.A. 97-238, eff. 8-2-11.)
| 15 | | (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
| 16 | | Sec. 2-3.12. School building code. | 17 | | (a) To prepare for school boards with the
advice of the | 18 | | Department of Public Health, the Capital Development Board, and
| 19 | | the State Fire Marshal a school building code that will | 20 | | conserve the health and
safety and general welfare of the | 21 | | pupils and school personnel and others who
use public school | 22 | | facilities.
| 23 | | (b) Within 2 years after September 23, 1983,
and every 10 | 24 | | years thereafter, or at such other times as the State Board of
| 25 | | Education deems necessary or the regional superintendent so |
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| 1 | | orders, each school
board subject to the provisions of this | 2 | | Section shall again survey its school
buildings and effectuate | 3 | | any recommendations in accordance with the procedures
set forth | 4 | | herein. | 5 | | (1) An architect or engineer licensed in the State of | 6 | | Illinois is
required to conduct the surveys under the | 7 | | provisions of this Section and shall
make a report of the | 8 | | findings of the survey titled "safety survey report" to
the | 9 | | school board. | 10 | | (2) The school board shall approve the safety survey | 11 | | report,
including any recommendations to effectuate | 12 | | compliance with the code, and
submit it to the Regional | 13 | | Superintendent. | 14 | | (3) The Regional Superintendent shall
render a | 15 | | decision regarding approval or denial and submit the safety | 16 | | survey
report to the State Superintendent of Education. | 17 | | (4) The State Superintendent of
Education shall | 18 | | approve or deny the report including recommendations to
| 19 | | effectuate compliance with the code and, if approved, issue | 20 | | a certificate of
approval. | 21 | | (5) Upon receipt of the certificate of approval, the | 22 | | Regional
Superintendent shall issue an order to effect any | 23 | | approved recommendations
included in the report. The | 24 | | report shall meet all of the following requirements:
| 25 | | (A) Items in the report shall be prioritized. | 26 | | (B) Urgent
items shall be considered as those items |
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| 1 | | related to life safety problems that
present an | 2 | | immediate hazard to the safety of students. | 3 | | (C) Required items shall be
considered as those | 4 | | items that are necessary for a safe environment but | 5 | | present
less of an immediate hazard to the safety of | 6 | | students. | 7 | | (D) Urgent and required
items shall reference a | 8 | | specific rule in the code authorized by this Section
| 9 | | that is currently being violated or will be violated | 10 | | within the next 12 months
if the violation is not | 11 | | remedied. | 12 | | (6) The school board of each district so
surveyed and | 13 | | receiving a report of needed recommendations to be made to
| 14 | | maintain standards of safety and health of the pupils | 15 | | enrolled shall effectuate
the correction of urgent items as | 16 | | soon as achievable to ensure the safety of
the students, | 17 | | but in no case more than one year after the date of the | 18 | | State
Superintendent of Education's approval of the | 19 | | recommendation. | 20 | | (7)
Required items shall be corrected in a timely | 21 | | manner, but in
no case more than 5 years from the date of | 22 | | the State Superintendent
of
Education's approval of the | 23 | | recommendation. | 24 | | (8) Once each year the school
board shall submit a | 25 | | report of progress on completion of any
recommendations to | 26 | | effectuate compliance with the code.
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| 1 | | (c) As soon as practicable, but not later than 2 years | 2 | | after January 1, 1993, the State Board of Education shall | 3 | | combine
the document known as "Efficient and Adequate Standards | 4 | | for the Construction of
Schools" with the document known as | 5 | | "Building Specifications for Health and
Safety in Public | 6 | | Schools" together with any modifications or additions that may
| 7 | | be deemed necessary. The combined document shall be known as | 8 | | the "Health/Life
Safety Code for Public Schools" and shall be | 9 | | the governing code for all
facilities that house public school | 10 | | students or are otherwise used for public
school purposes, | 11 | | whether such facilities are permanent or temporary and
whether | 12 | | they are owned, leased, rented, or otherwise used by the | 13 | | district.
Facilities owned by a school district but that are | 14 | | not used to house public
school students or are not used for | 15 | | public school purposes shall be
governed by separate provisions | 16 | | within the code authorized by this Section.
| 17 | | (d) The 10 year survey cycle specified in this Section | 18 | | shall continue to
apply based upon the standards contained in | 19 | | the "Health/Life Safety Code
for Public Schools", which shall | 20 | | specify building standards for buildings that
are constructed | 21 | | prior to January 1, 1993 and
for buildings that are constructed | 22 | | after that date.
| 23 | | (e) The "Health/Life Safety Code for Public Schools" shall | 24 | | be the governing code
for public schools; however, the | 25 | | provisions of this Section shall not preclude
inspection of | 26 | | school premises and buildings pursuant to Section 9 of the Fire
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| 1 | | Investigation Act, provided that the provisions of the | 2 | | "Health/Life Safety Code
for Public Schools", or such | 3 | | predecessor document authorized by this Section as
may be | 4 | | applicable are used, and provided that those inspections are | 5 | | coordinated
with the Regional Superintendent having | 6 | | jurisdiction over the public school
facility.
| 7 | | (e-5) After the effective date of this amendatory Act of | 8 | | the 98th General Assembly, all new school building construction | 9 | | governed by the "Health/Life Safety Code for Public Schools" | 10 | | must include in its design and construction a storm shelter | 11 | | that meets the minimum requirements of the ICC/NSSA Standard | 12 | | for the Design and Construction of Storm Shelters (ICC-500), | 13 | | published jointly by the International Code Council and the | 14 | | National Storm Shelter Association. Nothing in this subsection | 15 | | (e-5) precludes the design engineers, architects, or school | 16 | | district from applying a higher life safety standard than the | 17 | | ICC-500 for storm shelters. | 18 | | (f) Nothing in this Section shall be construed to prohibit | 19 | | the State Fire Marshal or a qualified fire official to whom the | 20 | | State Fire Marshal has delegated his or her authority
from
| 21 | | conducting a fire safety check in a public school. | 22 | | (g) The Regional Superintendent shall address any | 23 | | violations that are not corrected in a timely manner pursuant | 24 | | to subsection (b) of Section 3-14.21 of this Code.
| 25 | | (h) Any agency having jurisdiction beyond the scope of the | 26 | | applicable
document authorized by this Section may issue a |
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| 1 | | lawful order to a school board
to effectuate recommendations, | 2 | | and the school board receiving the order shall
certify to the | 3 | | Regional Superintendent and the State Superintendent of
| 4 | | Education when it has complied with the order.
| 5 | | (i) The State Board of Education is authorized to adopt any | 6 | | rules that are
necessary relating to the administration and | 7 | | enforcement of the provisions of
this Section. | 8 | | (j) The code authorized by this Section shall apply only to | 9 | | those
school districts having a population of less than 500,000 | 10 | | inhabitants.
| 11 | | (k) In this Section, a "qualified fire official" means an | 12 | | individual that meets the requirements of rules adopted by the | 13 | | State Fire Marshal in cooperation with the State Board of | 14 | | Education to administer this Section. These rules shall be | 15 | | based on recommendations made by the task force established | 16 | | under Section 2-3.137 (now repealed) of this Code.
| 17 | | (Source: P.A. 98-883, eff. 1-1-15 .) | 18 | | (105 ILCS 5/2-3.25o)
| 19 | | Sec. 2-3.25o. Registration and recognition of non-public | 20 | | elementary and
secondary schools.
| 21 | | (a) Findings. The General Assembly finds and declares (i) | 22 | | that the
Constitution
of the State of Illinois provides that a | 23 | | "fundamental goal of the People of the
State is the
educational | 24 | | development of all persons to the limits of their capacities" | 25 | | and
(ii) that the
educational development of every school |
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| 1 | | student serves the public purposes of
the State.
In order to | 2 | | ensure that all Illinois students and teachers have the | 3 | | opportunity
to enroll and
work in State-approved educational | 4 | | institutions and programs, the State Board
of
Education shall | 5 | | provide for the voluntary registration and recognition of
| 6 | | non-public
elementary and secondary schools.
| 7 | | (b) Registration. All non-public elementary and secondary | 8 | | schools in the
State
of
Illinois may voluntarily register with | 9 | | the State Board of Education on an
annual basis. Registration | 10 | | shall
be completed
in conformance with procedures prescribed by | 11 | | the State Board of Education.
Information
required for | 12 | | registration shall include assurances of compliance (i) with
| 13 | | federal
and State
laws regarding health examination and | 14 | | immunization, attendance, length of term,
and
| 15 | | nondiscrimination and (ii) with applicable fire and health | 16 | | safety requirements.
| 17 | | (c) Recognition. All non-public elementary and secondary | 18 | | schools in the
State of
Illinois may voluntarily seek the | 19 | | status of "Non-public School Recognition"
from
the State
Board | 20 | | of Education. This status may be obtained by compliance with
| 21 | | administrative
guidelines and review procedures as prescribed | 22 | | by the State Board of Education.
The
guidelines and procedures | 23 | | must recognize that some of the aims and the
financial bases of
| 24 | | non-public schools are different from public schools and will | 25 | | not be identical
to those for
public schools, nor will they be | 26 | | more burdensome. The guidelines and procedures
must
also |
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| 1 | | recognize the diversity of non-public schools and shall not | 2 | | impinge upon
the
noneducational relationships between those | 3 | | schools and their clientele.
| 4 | | (c-5) Prohibition against recognition. A non-public | 5 | | elementary or secondary school may not obtain "Non-public | 6 | | School Recognition" status unless the school requires all | 7 | | certified and non-certified applicants for employment with the | 8 | | school, after July 1, 2007, to authorize a fingerprint-based | 9 | | criminal history records check as a condition of employment to | 10 | | determine if such applicants have been convicted of any of the | 11 | | enumerated criminal or drug offenses set forth in Section | 12 | | 21B-80 21-23a of this Code or have been convicted, within 7 | 13 | | years of the application for employment, of any other felony | 14 | | under the laws of this State or of any offense committed or | 15 | | attempted in any other state or against the laws of the United | 16 | | States that, if committed or attempted in this State, would | 17 | | have been punishable as a felony under the laws of this State. | 18 | | Authorization for the check shall be furnished by the | 19 | | applicant to the school, except that if the applicant is a | 20 | | substitute teacher seeking employment in more than one | 21 | | non-public school, a teacher seeking concurrent part-time | 22 | | employment positions with more than one non-public school (as a | 23 | | reading specialist, special education teacher, or otherwise), | 24 | | or an educational support personnel employee seeking | 25 | | employment positions with more than one non-public school, then | 26 | | only one of the non-public schools employing the individual |
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| 1 | | shall request the authorization. Upon receipt of this | 2 | | authorization, the non-public school shall submit the | 3 | | applicant's name, sex, race, date of birth, social security | 4 | | number, fingerprint images, and other identifiers, as | 5 | | prescribed by the Department of State Police, to the Department | 6 | | of State Police. | 7 | | The Department of State Police and Federal Bureau of | 8 | | Investigation shall furnish, pursuant to a fingerprint-based | 9 | | criminal history records check, records of convictions, | 10 | | forever and hereafter, until expunged, to the president or | 11 | | principal of the non-public school that requested the check. | 12 | | The Department of State Police shall charge that school a fee | 13 | | for conducting such check, which fee must be deposited into the | 14 | | State Police Services Fund and must not exceed the cost of the | 15 | | inquiry. Subject to appropriations for these purposes, the | 16 | | State Superintendent of Education shall reimburse non-public | 17 | | schools for fees paid to obtain criminal history records checks | 18 | | under this Section. | 19 | | A non-public school may not obtain recognition status | 20 | | unless the school also performs a check of the Statewide Sex | 21 | | Offender Database, as authorized by the Sex Offender Community | 22 | | Notification Law, for each applicant for employment, after July | 23 | | 1, 2007, to determine whether the applicant has been | 24 | | adjudicated a sex offender. | 25 | | Any information concerning the record of convictions | 26 | | obtained by a non-public school's president or principal under |
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| 1 | | this Section is confidential and may be disseminated only to | 2 | | the governing body of the non-public school or any other person | 3 | | necessary to the decision of hiring the applicant for | 4 | | employment. A copy of the record of convictions obtained from | 5 | | the Department of State Police shall be provided to the | 6 | | applicant for employment. Upon a check of the Statewide Sex | 7 | | Offender Database, the non-public school shall notify the | 8 | | applicant as to whether or not the applicant has been | 9 | | identified in the Sex Offender Database as a sex offender. Any | 10 | | information concerning the records of conviction obtained by | 11 | | the non-public school's president or principal under this | 12 | | Section for a substitute teacher seeking employment in more | 13 | | than one non-public school, a teacher seeking concurrent | 14 | | part-time employment positions with more than one non-public | 15 | | school (as a reading specialist, special education teacher, or | 16 | | otherwise), or an educational support personnel employee | 17 | | seeking employment positions with more than one non-public | 18 | | school may be shared with another non-public school's principal | 19 | | or president to which the applicant seeks employment. Any | 20 | | person who releases any criminal history record information | 21 | | concerning an applicant for employment is guilty of a Class A | 22 | | misdemeanor and may be subject to prosecution under federal | 23 | | law, unless the release of such information is authorized by | 24 | | this Section. | 25 | | No non-public school may obtain recognition status that | 26 | | knowingly employs a person, hired after July 1, 2007, for whom |
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| 1 | | a Department of State Police and Federal Bureau of | 2 | | Investigation fingerprint-based criminal history records check | 3 | | and a Statewide Sex Offender Database check has not been | 4 | | initiated or who has been convicted of any offense enumerated | 5 | | in Section 21B-80 of this Code or any offense committed or | 6 | | attempted in any other state or against the laws of the United | 7 | | States that, if committed or attempted in this State, would | 8 | | have been punishable as one or more of those offenses. No | 9 | | non-public school may obtain recognition status under this | 10 | | Section that knowingly employs a person who has been found to | 11 | | be the perpetrator of sexual or physical abuse of a minor under | 12 | | 18 years of age pursuant to proceedings under Article II of the | 13 | | Juvenile Court Act of 1987. | 14 | | In order to obtain recognition status under this Section, a | 15 | | non-public school must require compliance with the provisions | 16 | | of this subsection (c-5) from all employees of persons or firms | 17 | | holding contracts with the school, including, but not limited | 18 | | to, food service workers, school bus drivers, and other | 19 | | transportation employees, who have direct, daily contact with | 20 | | pupils. Any information concerning the records of conviction or | 21 | | identification as a sex offender of any such employee obtained | 22 | | by the non-public school principal or president must be | 23 | | promptly reported to the school's governing body.
| 24 | | (d) Public purposes. The provisions of this Section are in | 25 | | the public
interest, for
the public benefit, and serve secular | 26 | | public purposes.
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| 1 | | (e) Definition. For purposes of this Section, a non-public | 2 | | school means any
non-profit, non-home-based, and non-public | 3 | | elementary or secondary school that
is
in
compliance with Title | 4 | | VI of the Civil Rights Act of 1964 and attendance at
which
| 5 | | satisfies the requirements of Section 26-1 of this Code.
| 6 | | (Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
| 7 | | (105 ILCS 5/2-3.39) (from Ch. 122, par. 2-3.39)
| 8 | | Sec. 2-3.39. Department of Transitional Bilingual | 9 | | Education. To establish a Department of Transitional Bilingual | 10 | | Education. In selecting
staff for the Department of | 11 | | Transitional
Bilingual Education the State Board of Education
| 12 | | shall give preference to persons
who are natives of foreign | 13 | | countries where languages to be used in
transitional bilingual | 14 | | education programs are the predominant languages.
The | 15 | | Department of Transitional Bilingual Education has the power | 16 | | and
duty to:
| 17 | | (1) Administer and enforce the provisions of Article 14C of | 18 | | this
Code including the power to promulgate any necessary rules | 19 | | and
regulations.
| 20 | | (2) Study, review, and evaluate all available resources and | 21 | | programs
that, in whole or in part, are or could be directed | 22 | | towards meeting the
language capability needs of child English | 23 | | learners and adult English learners children and adults of | 24 | | limited
English-speaking ability residing in the State.
| 25 | | (3) Gather information about the theory and practice of |
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| 1 | | bilingual
education in this State and elsewhere, and encourage | 2 | | experimentation and
innovation in the field of bilingual | 3 | | education.
| 4 | | (4) Provide for the maximum practical involvement of | 5 | | parents of
bilingual children, transitional bilingual | 6 | | education teachers,
representatives of community groups, | 7 | | educators, and laymen knowledgeable
in the field of bilingual | 8 | | education in the formulation of policy and
procedures relating | 9 | | to the administration of Article 14C of this Code.
| 10 | | (5) Consult with other public departments and agencies, | 11 | | including
but not limited to the Department of Community | 12 | | Affairs, the Department
of Public Welfare, the Division of | 13 | | Employment Security, the Commission
Against Discrimination, | 14 | | and the United States Department of Health,
Education, and | 15 | | Welfare in connection with the administration of Article
14C of | 16 | | this Code.
| 17 | | (6) Make recommendations in the areas of preservice and | 18 | | in-service
training for transitional bilingual education | 19 | | teachers, curriculum
development, testing and testing | 20 | | mechanisms, and the development of
materials for transitional | 21 | | bilingual education programs.
| 22 | | (7) Undertake any further activities which may assist in | 23 | | the full
implementation of Article 14C of this Code and to make | 24 | | an annual report
to the General Assembly to include an | 25 | | evaluation of the program, the
need for continuing such a | 26 | | program, and recommendations for improvement.
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| 1 | | The requirement for reporting to the General Assembly shall | 2 | | be satisfied
by filing copies of the report with the Speaker, | 3 | | the Minority Leader and
the Clerk of the House of | 4 | | Representatives and the President, the Minority
Leader and the | 5 | | Secretary of the Senate and the Legislative Research
Unit, as | 6 | | required
by Section 3.1 of "An Act to revise the law in | 7 | | relation to the General Assembly",
approved February 25, 1874, | 8 | | as amended, and filing such additional copies
with the State | 9 | | Government Report Distribution Center for the General Assembly
| 10 | | as is required under
paragraph (t) of Section 7 of the State | 11 | | Library Act.
| 12 | | (Source: P.A. 84-1438.)
| 13 | | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
| 14 | | Sec. 2-3.62. Educational service centers.
| 15 | | (a) A regional network of educational service centers shall | 16 | | be established
by the State Board of Education to coordinate | 17 | | and combine existing services in
a manner which is practical | 18 | | and efficient and to provide new services to
schools as | 19 | | provided in this Section. Services to be made available by such
| 20 | | centers shall include the planning, implementation and | 21 | | evaluation of:
| 22 | | (1) (blank);
| 23 | | (2) computer technology education;
| 24 | | (3) mathematics, science and reading resources for | 25 | | teachers including
continuing education, inservice |
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| 1 | | training and staff development.
| 2 | | The centers may provide training, technical assistance, | 3 | | coordination and
planning in other program areas such as school | 4 | | improvement, school
accountability, financial planning, | 5 | | consultation, and services, career guidance, early childhood | 6 | | education, alcohol/drug
education and prevention, family life - | 7 | | sex education, electronic transmission
of data from school | 8 | | districts to the State, alternative education and regional
| 9 | | special education, and telecommunications systems that provide | 10 | | distance
learning. Such telecommunications systems may be | 11 | | obtained through the
Department of Central Management Services | 12 | | pursuant to Section 405-270 of the
Department of Central | 13 | | Management Services Law (20 ILCS 405/405-270). The programs and | 14 | | services of educational
service centers may be offered to | 15 | | private school teachers and private school
students within each | 16 | | service center area provided public schools have already
been | 17 | | afforded adequate access to such programs and services.
| 18 | | Upon the abolition of the office, removal from office, | 19 | | disqualification for office, resignation from office, or | 20 | | expiration of the current term of office of the regional | 21 | | superintendent of schools, whichever is earlier, the chief | 22 | | administrative officer of the centers serving that portion of a | 23 | | Class II county school unit outside of a city of 500,000 or | 24 | | more inhabitants shall have and exercise, in and with respect | 25 | | to each educational service region having a population of | 26 | | 2,000,000 or more inhabitants and in and with respect to each |
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| 1 | | school district located in any such educational service region, | 2 | | all of the rights, powers, duties, and responsibilities | 3 | | theretofore vested by law in and exercised and performed by the | 4 | | regional superintendent of schools for that area under the | 5 | | provisions of this Code or any other laws of this State. | 6 | | The State Board of Education shall promulgate rules and | 7 | | regulations necessary
to implement this Section. The rules | 8 | | shall include detailed standards which
delineate the scope and | 9 | | specific content of programs to be provided by each
Educational | 10 | | Service Center, as well as the specific planning, | 11 | | implementation
and evaluation services to be provided by each | 12 | | Center relative to its programs.
The Board shall also provide | 13 | | the standards by which it will evaluate the
programs provided | 14 | | by each Center.
| 15 | | (b) Centers serving Class 1 county school units shall be | 16 | | governed by an
11-member board, 3 members of which shall be | 17 | | public school teachers
nominated by the local bargaining | 18 | | representatives to the appropriate regional
superintendent for | 19 | | appointment and no more than 3 members of which shall be
from | 20 | | each of the following categories, including but not limited to
| 21 | | superintendents, regional superintendents, school board | 22 | | members
and a representative of an institution of higher | 23 | | education. The members of
the board shall be appointed by the | 24 | | regional superintendents whose school
districts are served by | 25 | | the educational service center.
The composition of the board | 26 | | will reflect the revisions of this
amendatory Act of 1989 as |
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| 1 | | the terms of office of current members expire.
| 2 | | (c) The centers shall be of sufficient size and number to | 3 | | assure delivery
of services to all local school districts in | 4 | | the State.
| 5 | | (d) From monies appropriated for this program the State | 6 | | Board of
Education shall provide grants paid from the Personal | 7 | | Property Tax Replacement Fund to qualifying Educational | 8 | | Service Centers
applying for such grants in accordance with | 9 | | rules and regulations
promulgated by the State Board of | 10 | | Education to implement this Section.
| 11 | | (e) The governing authority of each of the 18 regional | 12 | | educational service
centers shall appoint a family life - sex | 13 | | education advisory board
consisting of 2 parents, 2 teachers, 2 | 14 | | school administrators, 2 school
board members, 2 health care | 15 | | professionals, one library system
representative, and the | 16 | | director of the regional educational service center
who shall | 17 | | serve as chairperson of the advisory board so appointed. | 18 | | Members
of the family life - sex education advisory boards | 19 | | shall serve without
compensation. Each of the advisory boards | 20 | | appointed pursuant to this
subsection shall develop a plan for | 21 | | regional teacher-parent family life - sex
education training | 22 | | sessions and shall file a written report of such plan
with the | 23 | | governing board of their regional educational service center. | 24 | | The
directors of each of the regional educational service
| 25 | | centers shall thereupon meet, review each of the reports | 26 | | submitted by the
advisory boards and combine those reports into |
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| 1 | | a single written report which
they shall file with the Citizens | 2 | | Council on School Problems prior to the
end of the regular | 3 | | school term of the 1987-1988 school year.
| 4 | | (f) The 14 educational service centers serving Class I | 5 | | county school units
shall be disbanded on the first Monday of | 6 | | August, 1995, and their statutory
responsibilities and | 7 | | programs shall be assumed by the regional offices of
education, | 8 | | subject to rules and regulations developed by
the
State Board | 9 | | of Education. The regional superintendents of schools elected | 10 | | by
the voters residing in all Class I counties shall serve as | 11 | | the chief
administrators for these programs and services. By | 12 | | rule of the State Board of
Education, the 10 educational | 13 | | service regions of
lowest
population shall provide such | 14 | | services under cooperative agreements with larger
regions.
| 15 | | (Source: P.A. 97-619, eff. 11-14-11; 98-24, eff. 6-19-13; | 16 | | 98-647, eff. 6-13-14.)
| 17 | | (105 ILCS 5/2-3.64a-5) | 18 | | Sec. 2-3.64a-5. State goals and assessment. | 19 | | (a) For the assessment and accountability purposes of this | 20 | | Section, "students" includes those students enrolled in a | 21 | | public or State-operated elementary school, secondary school, | 22 | | or cooperative or joint agreement with a governing body or | 23 | | board of control, a charter school operating in compliance with | 24 | | the Charter Schools Law, a school operated by a regional office | 25 | | of education under Section 13A-3 of this Code, or a public |
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| 1 | | school administered by a local public agency or the Department | 2 | | of Human Services. | 3 | | (b) The State Board of Education shall establish the | 4 | | academic standards that are to be applicable to students who | 5 | | are subject to State assessments under this Section. The State | 6 | | Board of Education shall not establish any such standards in | 7 | | final form without first providing opportunities for public | 8 | | participation and local input in the development of the final | 9 | | academic standards. Those opportunities shall include a | 10 | | well-publicized period of public comment and opportunities to | 11 | | file written comments. | 12 | | (c) Beginning no later than the 2014-2015 school year, the | 13 | | State Board of Education shall annually assess all students | 14 | | enrolled in grades 3 through 8 in English language arts and | 15 | | mathematics. | 16 | | Beginning no later than the 2017-2018 school year, the | 17 | | State Board of Education shall annually assess all students in | 18 | | science at one grade in grades 3 through 5, at one grade in | 19 | | grades 6 through 8, and at one grade in grades 9 through 12. | 20 | | The State Board of Education shall annually assess schools | 21 | | that operate a secondary education program, as defined in | 22 | | Section 22-22 of this Code, in English language arts and | 23 | | mathematics. The State Board of Education shall administer no | 24 | | more than 3 assessments, per student, of English language arts | 25 | | and mathematics for students in a secondary education program. | 26 | | One of these assessments shall include a college and career |
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| 1 | | ready determination. | 2 | | Students who are not assessed for college and career ready | 3 | | determinations may not receive a regular high school diploma | 4 | | unless the student is exempted from taking State assessments | 5 | | under subsection (d) of this Section because (i) the student's | 6 | | individualized educational program developed under Article 14 | 7 | | of this Code identifies the State assessment as inappropriate | 8 | | for the student, (ii) the student is enrolled in a program of | 9 | | adult and continuing education, as defined in the Adult | 10 | | Education Act, (iii) the school district is not required to | 11 | | assess the individual student for purposes of accountability | 12 | | under federal No Child Left Behind Act of 2001 requirements, | 13 | | (iv) the student has been determined to be an English language | 14 | | learner , referred to in this Code as a student with limited | 15 | | English proficiency, and has been enrolled in schools in the | 16 | | United States for less than 12 months, or (v) the student is | 17 | | otherwise identified by the State Board of Education, through | 18 | | rules, as being exempt from the assessment. | 19 | | The State Board of Education shall not assess students | 20 | | under this Section in subjects not required by this Section. | 21 | | Districts shall inform their students of the timelines and | 22 | | procedures applicable to their participation in every yearly | 23 | | administration of the State assessments.
The State Board of | 24 | | Education shall establish periods of time in each school year | 25 | | during which State assessments shall occur to meet the | 26 | | objectives of this Section. |
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| 1 | | (d) Every individualized educational program as described | 2 | | in Article 14 shall identify if the State assessment or | 3 | | components thereof are appropriate for the student. The State | 4 | | Board of Education shall develop rules governing the | 5 | | administration of an alternate assessment that may be available | 6 | | to students for whom participation in this State's regular | 7 | | assessments is not appropriate, even with accommodations as | 8 | | allowed under this Section. | 9 | | Students receiving special education services whose | 10 | | individualized educational programs identify them as eligible | 11 | | for the alternative State assessments nevertheless shall have | 12 | | the option of taking this State's regular assessment that | 13 | | includes a college and career ready determination, which shall | 14 | | be administered in accordance with the eligible accommodations | 15 | | appropriate for meeting these students' respective needs. | 16 | | All students determined to be an English learners language | 17 | | learner, referred to in this Code as a student with limited | 18 | | English proficiency, shall participate in the State | 19 | | assessments, excepting those students who have been enrolled in | 20 | | schools in the United States for less than 12 months. Such | 21 | | students may be exempted from participation in one annual | 22 | | administration of the English language arts assessment. Any | 23 | | student determined to be an English language learner , referred | 24 | | to in this Code as a student with limited English proficiency, | 25 | | shall receive appropriate assessment accommodations, including | 26 | | language supports, which shall be established by rule. Approved |
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| 1 | | assessment accommodations must be provided until the student's | 2 | | English language skills develop to the extent that the student | 3 | | is no longer considered to be an English language learner , | 4 | | referred to in this Code as a student with limited English | 5 | | proficiency , as demonstrated through a State-identified | 6 | | English language proficiency assessment. | 7 | | (e) The results or scores of each assessment taken under | 8 | | this Section shall be made available to the parents of each | 9 | | student. | 10 | | In each school year, the scores attained by a student on | 11 | | the State assessment that includes a college and career ready | 12 | | determination must be placed in the student's permanent record | 13 | | and must be entered on the student's transcript pursuant to | 14 | | rules that the State Board of Education shall adopt for that | 15 | | purpose in accordance with Section 3 of the Illinois School | 16 | | Student Records Act. In each school year, the scores attained | 17 | | by a student on the State assessments administered in grades 3 | 18 | | through 8 must be placed in the student's temporary record. | 19 | | (f) All schools shall administer an academic assessment of | 20 | | English language proficiency in oral language (listening and | 21 | | speaking) and reading and writing skills to all children | 22 | | determined to be English language learners , referred to in | 23 | | Section 14C-3 of this Code as children with limited | 24 | | English-speaking ability . | 25 | | (g) All schools in this State that are part of the sample | 26 | | drawn by the National Center for Education Statistics, in |
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| 1 | | collaboration with their school districts and the State Board | 2 | | of Education, shall administer the biennial academic | 3 | | assessments under the National Assessment of Educational | 4 | | Progress carried out under Section 411(b)(2) of the federal | 5 | | National Education Statistics Act of 1994 (20 U.S.C. 9010) if | 6 | | the U.S. Secretary of Education pays the costs of administering | 7 | | the assessments. | 8 | | (h) Subject to available funds to this State for the | 9 | | purpose of student assessment, the State Board of Education | 10 | | shall provide additional assessments and assessment resources | 11 | | that may be used by school districts for local assessment | 12 | | purposes. The State Board of Education shall annually | 13 | | distribute a listing of these additional resources. | 14 | | (i) For the purposes of this subsection (i), "academically | 15 | | based assessments" means assessments consisting of questions | 16 | | and answers that are measurable and quantifiable to measure the | 17 | | knowledge, skills, and ability of students in the subject | 18 | | matters covered by the assessments. All assessments | 19 | | administered pursuant to this Section must be academically | 20 | | based assessments. The scoring of academically based | 21 | | assessments shall be reliable, valid, and fair and shall meet | 22 | | the guidelines for assessment development and use prescribed by | 23 | | the American Psychological Association, the National Council | 24 | | on Measurement in Education, and the American Educational | 25 | | Research Association. | 26 | | The State Board of Education shall review the use of all |
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| 1 | | assessment item types in order to ensure that they are valid | 2 | | and reliable indicators of student performance aligned to the | 3 | | learning standards being assessed and that the development, | 4 | | administration, and scoring of these item types are justifiable | 5 | | in terms of cost. | 6 | | (j) The State Superintendent of Education shall appoint a | 7 | | committee of no more than 21 members, consisting of parents, | 8 | | teachers, school administrators, school board members, | 9 | | assessment experts, regional superintendents of schools, and | 10 | | citizens, to review the State assessments administered by the | 11 | | State Board of Education. The Committee shall select one of its | 12 | | members as its chairperson. The Committee shall meet on an | 13 | | ongoing basis to review the content and design of the | 14 | | assessments (including whether the requirements of subsection | 15 | | (i) of this Section have been met), the time and money expended | 16 | | at the local and State levels to prepare for and administer the | 17 | | assessments, the collective results of the assessments as | 18 | | measured against the stated purpose of assessing student | 19 | | performance, and other issues involving the assessments | 20 | | identified by the Committee. The Committee shall make periodic | 21 | | recommendations to the State Superintendent of Education and | 22 | | the General Assembly concerning the assessments. | 23 | | (k) The State Board of Education may adopt rules to | 24 | | implement this Section.
| 25 | | (Source: P.A. 98-972, eff. 8-15-14.) |
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| 1 | | (105 ILCS 5/2-3.162) | 2 | | Sec. 2-3.162 2-3.160 . Student discipline report; school | 3 | | discipline improvement plan. | 4 | | (a) On or before October 31, 2015 and on or before October | 5 | | 31 of each subsequent year, the State Board of Education, | 6 | | through the State Superintendent of Education, shall prepare a | 7 | | report on student discipline in all school districts in this | 8 | | State, including State-authorized charter schools. This report | 9 | | shall include data from all public schools within school | 10 | | districts, including district-authorized charter schools. This | 11 | | report must be posted on the Internet website of the State | 12 | | Board of Education. The report shall include data on the | 13 | | issuance of out-of-school suspensions, expulsions, and | 14 | | removals to alternative settings in lieu of another | 15 | | disciplinary action, disaggregated by race and ethnicity, | 16 | | gender, age, grade level, whether a student is an English | 17 | | learner limited English proficiency , incident type, and | 18 | | discipline duration. | 19 | | (b) The State Board of Education shall analyze the data | 20 | | under subsection (a) of this Section on an annual basis and | 21 | | determine the top 20% of school districts for the following | 22 | | metrics: | 23 | | (1) Total number of out-of-school suspensions divided | 24 | | by the total district enrollment by the last school day in | 25 | | September for the year in which the data was collected, | 26 | | multiplied by 100. |
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| 1 | | (2) Total number of out-of-school expulsions divided | 2 | | by the total district enrollment by the last school day in | 3 | | September for the year in which the data was collected, | 4 | | multiplied by 100. | 5 | | (3) Racial disproportionality, defined as the | 6 | | overrepresentation of students of color or white students | 7 | | in comparison to the total number of students of color or | 8 | | white students on October 1st of the school year in which | 9 | | data are collected, with respect to the use of | 10 | | out-of-school suspensions and expulsions, which must be | 11 | | calculated using the same method as the U.S. Department of | 12 | | Education's Office for Civil Rights uses. | 13 | | The analysis must be based on data collected over 3 | 14 | | consecutive school years, beginning with the 2014-2015 school | 15 | | year. | 16 | | Beginning with the 2017-2018 school year, the State Board | 17 | | of Education shall require each of the school districts that | 18 | | are identified in the top 20% of any of the metrics described | 19 | | in this subsection (b) for 3 consecutive years to submit a plan | 20 | | identifying the strategies the school district will implement | 21 | | to reduce the use of exclusionary disciplinary practices or | 22 | | racial disproportionality or both, if applicable. School | 23 | | districts that no longer meet the criteria described in any of | 24 | | the metrics described in this subsection (b) for 3 consecutive | 25 | | years shall no longer be required to submit a plan. | 26 | | This plan may be combined with any other improvement plans |
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| 1 | | required under federal or State law. | 2 | | The calculation of the top 20% of any of the metrics | 3 | | described in this subsection (b) shall exclude all school | 4 | | districts, State-authorized charter schools, and special | 5 | | charter districts that issued fewer than a total of 10 | 6 | | out-of-school suspensions or expulsions, whichever is | 7 | | applicable, during the school year. The calculation of the top | 8 | | 20% of metric described in subdivision (3) of this subsection | 9 | | (b) shall exclude all school districts with an enrollment of | 10 | | fewer than 50 white students or fewer than 50 students of | 11 | | color. | 12 | | The plan must be approved at a public school board meeting | 13 | | and posted on the school district's Internet website. Within | 14 | | one year after being identified, the school district shall | 15 | | submit to the State Board of Education and post on the | 16 | | district's Internet website a progress report describing the | 17 | | implementation of the plan and the results achieved.
| 18 | | (Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.)
| 19 | | (105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
| 20 | | Sec. 3-1. Election; eligibility. Quadrennially there shall | 21 | | be
elected in every county, except those which have been | 22 | | consolidated into
a multicounty educational service region | 23 | | under Article 3A and except
those having a population of | 24 | | 2,000,000 or more inhabitants, a regional
superintendent of | 25 | | schools, who shall enter
upon the discharge of his duties on |
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| 1 | | the first Monday of August next after
his election; provided, | 2 | | however, that the term of office of each regional
| 3 | | superintendent of schools in office on June 30, 2003
is | 4 | | terminated on
July 1, 2003, except that an incumbent regional
| 5 | | superintendent of schools
shall continue to serve until his | 6 | | successor is elected and qualified, and each
regional | 7 | | superintendent of schools elected at the general election in | 8 | | 2002 and
every four years thereafter shall assume office on the | 9 | | first day of July
next after his election. No one is eligible | 10 | | to file his petition at any
primary election for the nomination
| 11 | | as candidate for the office of regional superintendent of | 12 | | schools nor to
enter upon the duties of such office either by | 13 | | election or appointment
unless he possesses the following | 14 | | qualifications: (1) he is of good
character, (2) he has a | 15 | | master's degree, (3) he has earned at least 20
semester hours | 16 | | of credit in professional education at the graduate
level, (4) | 17 | | he holds a valid all grade supervisory license, certificate or | 18 | | a valid
State state limited supervisory license certificate , or | 19 | | a valid state life supervisory
license certificate , or a valid | 20 | | administrative license certificate , (5) he has had at least
4 | 21 | | years experience in teaching, and (6) he was engaged for at | 22 | | least 2 years
of the 4 previous years in full time teaching or | 23 | | supervising in the common
public schools or serving as a county | 24 | | superintendent of schools or regional
superintendent of | 25 | | schools for an educational service region in the State of
| 26 | | Illinois.
|
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| 1 | | No petition of any candidate for nomination for the office | 2 | | of regional
superintendent of schools may be filed and no such | 3 | | candidate's name may be
placed on a primary or general election | 4 | | ballot, unless such candidate files
as part of his petition a | 5 | | certificate from the State Board of Education
certifying that | 6 | | from the records of its office such candidate has the
| 7 | | qualifications required by this Section; however, any | 8 | | incumbent filing his
petition for nomination for a succeeding | 9 | | term of office shall not be
required to attach such certificate | 10 | | to his petition of candidacy.
| 11 | | Nomination papers filed under this Section are not valid | 12 | | unless the
candidate named therein files with the county clerk | 13 | | or State Board of
Elections a statement of economic interests | 14 | | as required by the Illinois
Governmental Ethics Act. Such | 15 | | receipt shall be so filed either previously
during the calendar | 16 | | year in which his nomination papers were filed or
within the | 17 | | period for the filing of nomination papers in accordance with
| 18 | | the general election law.
| 19 | | The changes in qualifications made by Public Act 76-1563 do | 20 | | not affect
the right of an incumbent to seek reelection.
| 21 | | On and after July 1, 1994, the provisions of this Section | 22 | | shall have
no application in any educational service region | 23 | | having a population of
2,000,000 or more inhabitants; provided | 24 | | further that no election shall be
held in November of 1994 or | 25 | | at any other time after July 1, 1992 for the office
of regional | 26 | | superintendent of schools in any county or educational service
|
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| 1 | | region having a population of 2,000,000 or more inhabitants.
| 2 | | (Source: P.A. 96-893, eff. 7-1-10.)
| 3 | | (105 ILCS 5/3-2.5)
| 4 | | Sec. 3-2.5. Salaries.
| 5 | | (a) Except as otherwise provided in this Section, the
| 6 | | regional superintendents of schools shall receive for their | 7 | | services an annual
salary according to the population, as | 8 | | determined by the last preceding federal
census, of the region | 9 | | they serve, as set out in the following schedule:
|
|
10 | | SALARIES OF REGIONAL SUPERINTENDENTS OF
| 11 | | SCHOOLS |
|
|
12 | | POPULATION OF REGION |
ANNUAL SALARY |
|
13 | | Less than 48,000 |
$73,500 |
|
14 | | 61,000 48,000 to 99,999 |
$78,000 |
|
15 | | 100,000 to 999,999 |
$81,500 |
|
16 | | 1,000,000 and over |
$83,500 |
|
17 | | The changes made by Public Act 86-98 in the annual salary | 18 | | that the
regional superintendents of schools shall receive for | 19 | | their services shall
apply to the annual salary received by the | 20 | | regional superintendents of
schools during each of their | 21 | | elected terms of office that
commence after
July 26, 1989 and | 22 | | before the first Monday of August, 1995.
| 23 | | The changes made by Public Act 89-225 in the annual salary | 24 | | that
regional superintendents of schools shall receive for | 25 | | their services shall
apply to the annual salary received by the |
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| 1 | | regional superintendents of schools
during their elected terms | 2 | | of office that
commence after August 4,
1995 and end on August | 3 | | 1, 1999.
| 4 | | The changes made by this amendatory Act of the 91st General | 5 | | Assembly in the
annual salary that the regional superintendents | 6 | | of schools shall receive for
their services shall apply to the | 7 | | annual salary received by the regional
superintendents of | 8 | | schools during each of their elected terms of office that
| 9 | | commence on or after August 2, 1999.
| 10 | | Beginning July 1, 2000, the salary that the regional | 11 | | superintendent
of schools receives for his or her services | 12 | | shall be adjusted annually to
reflect the percentage increase, | 13 | | if any, in the most recent Consumer Price
Index, as defined and | 14 | | officially reported by the United States Department of
Labor, | 15 | | Bureau of Labor Statistics, except that no annual increment may | 16 | | exceed
2.9%. If the percentage of change in the
Consumer Price | 17 | | Index is a percentage decrease, the salary that the regional
| 18 | | superintendent of schools receives shall not be adjusted for | 19 | | that year.
| 20 | | When regional superintendents are authorized by the School | 21 | | Code to
appoint assistant regional superintendents, the | 22 | | assistant regional
superintendent shall receive an annual | 23 | | salary based on his or her
qualifications and computed as a | 24 | | percentage of the salary of the
regional superintendent to whom | 25 | | he or she is assistant, as set out in the
following schedule:
| |
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| 1 | | SALARIES OF ASSISTANT REGIONAL | 2 | | SUPERINTENDENTS |
|
|
3 | | QUALIFICATIONS OF |
PERCENTAGE OF SALARY |
|
4 | | ASSISTANT REGIONAL |
OF REGIONAL |
|
5 | | SUPERINTENDENT |
SUPERINTENDENT |
|
6 | | No Bachelor's degree, but State |
| |
7 | | certificate valid for teaching | |
|
8 | | and supervising. |
70% |
|
9 | | Bachelor's degree plus |
| |
10 | | State license certificate valid | |
|
11 | | for supervising. |
75% |
|
12 | | Master's degree plus |
| |
13 | | State license certificate valid | |
|
14 | | for supervising. |
90% |
|
15 | | However, in any region in which the appointment of more | 16 | | than one
assistant regional superintendent is authorized, | 17 | | whether by Section
3-15.10 of this Code or otherwise, not more | 18 | | than one assistant may
be compensated at the 90% rate and any | 19 | | other assistant shall be paid at
not exceeding the 75% rate, in | 20 | | each case depending on the qualifications
of the assistant.
| 21 | | The salaries provided in this Section plus an amount for | 22 | | other employment-related compensation or benefits for regional | 23 | | superintendents
and assistant regional superintendents are | 24 | | payable monthly by the State Board of Education out of the | 25 | | Personal Property Tax Replacement Fund through a specific | 26 | | appropriation to that effect in the State Board of Education |
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| 1 | | budget. The State Comptroller in making his or her warrant to
| 2 | | any county for the amount due it from the Personal Property Tax | 3 | | Replacement Fund shall deduct
from it the several amounts for | 4 | | which warrants have been issued to the
regional superintendent, | 5 | | and any assistant regional superintendent, of
the educational | 6 | | service region encompassing the county since the
preceding | 7 | | apportionment from the Personal Property Tax Replacement Fund.
| 8 | | County boards may provide for additional compensation for | 9 | | the
regional superintendent or the assistant regional | 10 | | superintendents, or
for each of them, to be paid quarterly from | 11 | | the county treasury.
| 12 | | (b) Upon abolition of the office of regional
superintendent | 13 | | of schools in educational service regions containing
2,000,000 | 14 | | or more inhabitants as provided in Section 3-0.01
of this Code, | 15 | | the funds provided under subsection (a) of this Section shall | 16 | | continue to be appropriated and reallocated, as provided for | 17 | | pursuant to subsection (b) of Section 3-0.01 of this Code, to | 18 | | the educational service centers established pursuant to | 19 | | Section 2-3.62 of this Code for an educational service region | 20 | | containing 2,000,000 or more inhabitants.
| 21 | | (c) If the State pays all or any portion of the employee | 22 | | contributions
required under Section 16-152 of the Illinois | 23 | | Pension Code for employees of the
State Board of Education, it | 24 | | shall also, subject to appropriation in the State Board of | 25 | | Education budget for such payments to Regional Superintendents | 26 | | and Assistant Regional Superintendents, pay the employee |
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| 1 | | contributions required
of regional superintendents of schools | 2 | | and assistant regional superintendents
of schools on the same | 3 | | basis, but excluding any contributions based on
compensation | 4 | | that is paid by the county rather than the State.
| 5 | | This subsection (c) applies to contributions based on | 6 | | payments of salary
earned after the effective date of this | 7 | | amendatory Act of the 91st General
Assembly, except that in the | 8 | | case of an elected regional superintendent of
schools, this | 9 | | subsection does not apply to contributions based on payments of
| 10 | | salary earned during a term of office that commenced before the | 11 | | effective date
of this amendatory Act.
| 12 | | (Source: P.A. 97-333, eff. 8-12-11; 97-619, eff. 11-14-11; | 13 | | 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
| 14 | | (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
| 15 | | Sec. 3-11. Institutes or inservice training workshops. In | 16 | | counties
of less than 2,000,000 inhabitants, the regional | 17 | | superintendent may
arrange for or conduct district, regional, | 18 | | or county institutes, or
equivalent professional educational | 19 | | experiences, not more than 4 days
annually. Of those 4 days, 2 | 20 | | days may be used as a teacher's and educational support | 21 | | personnel workshop,
when approved by the regional | 22 | | superintendent, up to 2 days may be used
for conducting | 23 | | parent-teacher conferences, or up to 2 days may be utilized
as | 24 | | parental institute days as provided in Section 10-22.18d. | 25 | | Educational support personnel may be exempt from a workshop if |
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| 1 | | the workshop is not relevant to the work they do. A school
| 2 | | district may use one of its 4 institute days on the last day of | 3 | | the school
term. "Institute" or "Professional educational | 4 | | experiences" means any
educational gathering, demonstration of | 5 | | methods of instruction,
visitation of schools or other | 6 | | institutions or facilities, sexual
abuse and sexual assault | 7 | | awareness seminar, or training in First Aid (which may include | 8 | | cardiopulmonary resuscitation or defibrillator training) held | 9 | | or approved
by the regional superintendent and declared by him | 10 | | to be an institute day,
or parent-teacher conferences. With the | 11 | | concurrence of the State
Superintendent of Education, he or she | 12 | | may employ such assistance as is
necessary
to conduct the | 13 | | institute. Two or more adjoining counties may jointly hold
an | 14 | | institute. Institute instruction shall be free to holders of
| 15 | | licenses certificates good in the county or counties holding | 16 | | the institute , and to
those who have paid an examination fee | 17 | | and failed to receive a license certificate .
| 18 | | In counties of 2,000,000 or more inhabitants, the regional
| 19 | | superintendent may arrange for or conduct district, regional, | 20 | | or county
inservice training workshops, or equivalent | 21 | | professional educational
experiences, not more than 4 days | 22 | | annually. Of those 4 days, 2
days may be used as a teacher's | 23 | | and educational support
personnel workshop, when approved by | 24 | | the regional
superintendent, up to 2 days may
be used for | 25 | | conducting parent-teacher conferences, or up to 2 days may be
| 26 | | utilized as parental institute days as provided in Section |
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| 1 | | 10-22.18d. Educational support personnel may be exempt from a | 2 | | workshop if
the workshop is not relevant to the work they do. A
| 3 | | school district may use one of those 4 days on the last day of | 4 | | the school
term. "Inservice Training Workshops" or | 5 | | "Professional educational
experiences" means any educational | 6 | | gathering, demonstration of methods of
instruction, visitation | 7 | | of schools or other institutions or
facilities, sexual abuse | 8 | | and sexual assault awareness seminar, or training in First Aid | 9 | | (which may include cardiopulmonary resuscitation or | 10 | | defibrillator training) held
or approved by the regional | 11 | | superintendent and declared by him to be
an inservice training | 12 | | workshop, or parent-teacher conferences. With the
concurrence | 13 | | of the State Superintendent of Education, he may employ such
| 14 | | assistance as is necessary to conduct the inservice training | 15 | | workshop.
With the approval of the regional superintendent, 2 | 16 | | or more adjoining
districts may jointly hold an inservice | 17 | | training workshop. In addition,
with the approval of the | 18 | | regional superintendent, one district may conduct
its own | 19 | | inservice training workshop with subject matter consultants
| 20 | | requested from the county, State or any State institution of | 21 | | higher learning.
| 22 | | Such teachers institutes as referred to in this Section may | 23 | | be held
on consecutive or separate days at the option of the | 24 | | regional
superintendent having jurisdiction thereof.
| 25 | | Whenever reference is made in this Act to "teachers | 26 | | institute", it
shall be construed to include the inservice |
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| 1 | | training workshops or
equivalent professional educational | 2 | | experiences provided for in this Section.
| 3 | | Any institute advisory committee existing on April 1, 1995, | 4 | | is dissolved
and the duties and responsibilities of the | 5 | | institute advisory committee are
assumed by the regional office | 6 | | of education advisory board.
| 7 | | Districts providing inservice training programs shall | 8 | | constitute inservice
committees, 1/2 of which shall be | 9 | | teachers, 1/4 school service personnel
and 1/4 administrators | 10 | | to establish program content and schedules.
| 11 | | The teachers institutes shall include teacher training | 12 | | committed to (i)
peer counseling programs and other | 13 | | anti-violence and conflict
resolution programs, including | 14 | | without limitation programs for preventing at
risk students | 15 | | from committing violent acts, and (ii) educator ethics and | 16 | | teacher-student conduct. Beginning with the 2009-2010 school | 17 | | year, the teachers institutes shall include instruction on | 18 | | prevalent student chronic health conditions.
| 19 | | (Source: P.A. 96-431, eff. 8-13-09; 97-525, eff. 1-1-12.)
| 20 | | (105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6)
| 21 | | Sec. 3-15.6. Additional employees. To employ, with the | 22 | | approval of the
county board, such additional employees as are | 23 | | needed for the discharge of
the duties of the office. The | 24 | | non-clerical employees shall be persons
versed in the | 25 | | principles and methods of education, familiar with public
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| 1 | | school work, competent to visit schools , and licensed | 2 | | certificated pursuant to this
Code if their duties are | 3 | | comparable to those for which licensure certification is
| 4 | | required by this Code.
| 5 | | On and after July 1, 1994, the provisions of this Section | 6 | | shall have
no application in any educational service region | 7 | | having a population of
2,000,000 or more inhabitants.
| 8 | | (Source: P.A. 86-361; 87-654; 87-1251.)
| 9 | | (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
| 10 | | Sec. 3-15.10. Assistant Regional Superintendent. To | 11 | | employ, in counties or
regions of 2,000,000 inhabitants or | 12 | | less, in addition to any assistants
authorized to be employed | 13 | | with the approval of the county board, an assistant
regional | 14 | | superintendent of schools , who shall be a person of good | 15 | | attainment,
versed in the principles and methods of education, | 16 | | and qualified to teach and
supervise schools under Article 21B | 17 | | of this Code 21 of this Act ; to fix the term of such
assistant ; | 18 | | and to direct his work and define his duties. On the effective | 19 | | date of this amendatory Act of the 96th General Assembly, in | 20 | | regions established
within that portion of a Class II county | 21 | | school unit outside of a city of 500,000 or more
inhabitants, | 22 | | the employment of all persons serving as assistant county or | 23 | | regional superintendents of schools is terminated, the | 24 | | position of assistant regional superintendent of schools in | 25 | | each such region is abolished, and this Section shall, |
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| 1 | | beginning on the effective date of this amendatory Act of the | 2 | | 96th General Assembly, have no further application in the | 3 | | educational service region. Assistant regional superintendents | 4 | | shall each be a
person of good attainment, versed in the | 5 | | principles and methods of education,
and qualified to teach and | 6 | | supervise schools under Article 21B of this Code 21 of this | 7 | | Act . The
work of such assistant regional superintendent shall | 8 | | be so arranged and
directed that the county or regional | 9 | | superintendent and assistant
superintendent, together, shall | 10 | | devote an amount of time during the school
year, equal to at | 11 | | least the full time of one individual, to the supervision of
| 12 | | schools and of teaching in the schools of the county.
| 13 | | A regional superintendent of schools shall not employ his | 14 | | or her spouse,
child, stepchild, or
relative as an assistant | 15 | | regional superintendent of schools.
By September 1 each year, a | 16 | | regional superintendent shall certify to the State
Board of | 17 | | Education
that he or she
has complied with this paragraph.
If | 18 | | the State Board of Education becomes aware of the fact that a | 19 | | regional
superintendent is employing his or her spouse, child, | 20 | | stepchild, or relative as
an assistant regional | 21 | | superintendent, the State Board of Education shall report this | 22 | | information to the Governor and the Comptroller, and the State | 23 | | Board of Education shall not
request for payment from the State | 24 | | Comptroller any warrants for the payment of
the assistant | 25 | | regional superintendent's salary or other employment-related | 26 | | compensation or benefits. In this paragraph, "relative"
means a |
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| 1 | | grandparent, parent, aunt, uncle, sibling, first cousin, | 2 | | nephew, niece,
grandchild, or spouse of one of these persons. | 3 | | This paragraph applies only to
contracts for employment entered | 4 | | into on or after the effective date of this
amendatory Act of | 5 | | the 91st General Assembly.
| 6 | | (Source: P.A. 96-893, eff. 7-1-10; 97-619, eff. 11-14-11.)
| 7 | | (105 ILCS 5/3-15.17) | 8 | | Sec. 3-15.17. Civic education advancement. | 9 | | (a) The General Assembly finds that civic education and | 10 | | participation are fundamental elements of a healthy democracy, | 11 | | and schools are in need of support to identify civic learning | 12 | | opportunities and to implement new strategies to prepare and | 13 | | sustain high quality citizenship among their student body. | 14 | | (b) Subject to appropriation, funding for civic education | 15 | | professional development for high school teachers must be | 16 | | provided by line item appropriation made to the State Board of | 17 | | Education for that purpose. When appropriated, the State Board | 18 | | of Education must provide this funding to each regional | 19 | | superintendent of schools based on high school enrollment as | 20 | | reported on the State Board of Education's most recent fall | 21 | | enrollment and housing report, except that 20% of each annual | 22 | | appropriation must be reserved for a school district organized | 23 | | under Article 34 of this Code. | 24 | | (c) In order to establish eligibility for one or more of | 25 | | its schools to receive funding under this Section, a school |
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| 1 | | district shall submit to its regional superintendent of schools | 2 | | an application, accompanied by a completed civic audit, for | 3 | | each school. A regional superintendent shall award funds to a | 4 | | district based on the number of teachers identified by the | 5 | | district to receive professional development multiplied by | 6 | | $250. A district must not be awarded more than $3,000 in any | 7 | | year, unless additional funds remain available after all | 8 | | eligible applicants have received funding. A district may not | 9 | | use funds authorized under this Section in any school more than | 10 | | once every 2 years. Funds provided under this Section must be | 11 | | used exclusively for professional development provided by | 12 | | entities that are approved providers for purposes of license | 13 | | certificate renewal under Section 21B-45 21-14 of this Code. | 14 | | (d) The civic audit form and its content must be designed | 15 | | and updated as deemed necessary by the Illinois Civic Mission | 16 | | Coalition. Data from completed civic audits must be processed | 17 | | by the Illinois Civic Mission Coalition. The civic audit must | 18 | | be made available by the Illinois Civic Mission Coalition and | 19 | | must be designed to provide teachers and principals with a | 20 | | blueprint to better understand how current curriculum, service | 21 | | learning, and extracurricular activities are providing civic | 22 | | learning experiences for their students.
| 23 | | (Source: P.A. 95-225, eff. 8-16-07.)
| 24 | | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| 25 | | Sec. 10-17a. State, school district, and school report |
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| 1 | | cards.
| 2 | | (1) By October 31, 2013 and October 31 of each subsequent | 3 | | school year, the State Board of Education, through the State | 4 | | Superintendent of Education, shall prepare a State report card, | 5 | | school district report cards, and school report cards, and | 6 | | shall by the most economic means provide to each school
| 7 | | district in this State, including special charter districts and | 8 | | districts
subject to the provisions of Article 34, the report | 9 | | cards for the school district and each of its schools. | 10 | | (2) In addition to any information required by federal law, | 11 | | the State Superintendent shall determine the indicators and | 12 | | presentation of the school report card, which must include, at | 13 | | a minimum, the most current data possessed by the State Board | 14 | | of Education related to the following: | 15 | | (A) school characteristics and student demographics, | 16 | | including average class size, average teaching experience, | 17 | | student racial/ethnic breakdown, and the percentage of | 18 | | students classified as low-income; the percentage of | 19 | | students classified as limited English learners | 20 | | proficiency ; the percentage of students who have | 21 | | individualized education plans or 504 plans that provide | 22 | | for special education services; the percentage of students | 23 | | who annually transferred in or out of the school district; | 24 | | the per-pupil operating expenditure of the school | 25 | | district; and the per-pupil State average operating | 26 | | expenditure for the district type (elementary, high |
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| 1 | | school, or unit); | 2 | | (B) curriculum information, including, where | 3 | | applicable, Advanced Placement, International | 4 | | Baccalaureate or equivalent courses, dual enrollment | 5 | | courses, foreign language classes, school personnel | 6 | | resources (including Career Technical Education teachers), | 7 | | before and after school programs, extracurricular | 8 | | activities, subjects in which elective classes are | 9 | | offered, health and wellness initiatives (including the | 10 | | average number of days of Physical Education per week per | 11 | | student), approved programs of study, awards received, | 12 | | community partnerships, and special programs such as | 13 | | programming for the gifted and talented, students with | 14 | | disabilities, and work-study students; | 15 | | (C) student outcomes, including, where applicable, the | 16 | | percentage of students meeting as well as exceeding State | 17 | | standards on assessments, the percentage of students in the | 18 | | eighth grade who pass Algebra, the percentage of students | 19 | | enrolled in post-secondary institutions (including | 20 | | colleges, universities, community colleges, | 21 | | trade/vocational schools, and training programs leading to | 22 | | career certification within 2 semesters of high school | 23 | | graduation), the percentage of students graduating from | 24 | | high school who are college ready, the percentage of | 25 | | students graduating from high school who are career ready, | 26 | | and the percentage of graduates enrolled in community |
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| 1 | | colleges, colleges, and universities who are in one or more | 2 | | courses that the community college, college, or university | 3 | | identifies as a remedial course; | 4 | | (D) student progress, including, where applicable, the | 5 | | percentage of students in the ninth grade who have earned 5 | 6 | | credits or more without failing more than one core class, a | 7 | | measure of students entering kindergarten ready to learn, a | 8 | | measure of growth, and the percentage of students who enter | 9 | | high school on track for college and career readiness; and | 10 | | (E) the school environment, including, where | 11 | | applicable, the percentage of students with less than 10 | 12 | | absences in a school year, the percentage of teachers with | 13 | | less than 10 absences in a school year for reasons other | 14 | | than professional development, leaves taken pursuant to | 15 | | the federal Family Medical Leave Act of 1993, long-term | 16 | | disability, or parental leaves, the 3-year average of the | 17 | | percentage of teachers returning to the school from the | 18 | | previous year, the number of different principals at the | 19 | | school in the last 6 years, 2 or more indicators from any | 20 | | school climate survey selected or approved by the State and | 21 | | administered pursuant to Section 2-3.153 of this Code, with | 22 | | the same or similar indicators included on school report | 23 | | cards for all surveys selected or approved by the State | 24 | | pursuant to Section 2-3.153 of this Code, and the combined | 25 | | percentage of teachers rated as proficient or excellent in | 26 | | their most recent evaluation. |
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| 1 | | The school report card shall also provide
information that | 2 | | allows for comparing the current outcome, progress, and | 3 | | environment data to the State average, to the school data from | 4 | | the past 5 years, and to the outcomes, progress, and | 5 | | environment of similar schools based on the type of school and | 6 | | enrollment of low-income students , special education students , | 7 | | and limited English learners proficiency students .
| 8 | | (3) At the discretion of the State Superintendent, the | 9 | | school district report card shall include a subset of the | 10 | | information identified in paragraphs (A) through (E) of | 11 | | subsection (2) of this Section, as well as information relating | 12 | | to the operating expense per pupil and other finances of the | 13 | | school district, and the State report card shall include a | 14 | | subset of the information identified in paragraphs (A) through | 15 | | (E) of subsection (2) of this Section. | 16 | | (4) Notwithstanding anything to the contrary in this | 17 | | Section, in consultation with key education stakeholders, the | 18 | | State Superintendent shall at any time have the discretion to | 19 | | amend or update any and all metrics on the school, district, or | 20 | | State report card. | 21 | | (5) Annually, no more than 30 calendar days after receipt | 22 | | of the school district and school report cards from the State | 23 | | Superintendent of Education, each school district, including | 24 | | special charter districts and districts subject to the | 25 | | provisions of Article 34, shall present such report
cards at a | 26 | | regular school board meeting subject to
applicable notice |
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| 1 | | requirements, post the report cards
on the
school district's | 2 | | Internet web site, if the district maintains an Internet web
| 3 | | site, make the report cards
available
to a newspaper of general | 4 | | circulation serving the district, and, upon
request, send the | 5 | | report cards
home to a parent (unless the district does not | 6 | | maintain an Internet web site,
in which case
the report card | 7 | | shall be sent home to parents without request). If the
district | 8 | | posts the report card on its Internet web
site, the district
| 9 | | shall send a
written notice home to parents stating (i) that | 10 | | the report card is available on
the web site,
(ii) the address | 11 | | of the web site, (iii) that a printed copy of the report card
| 12 | | will be sent to
parents upon request, and (iv) the telephone | 13 | | number that parents may
call to
request a printed copy of the | 14 | | report card.
| 15 | | (6) Nothing contained in this amendatory Act of the 98th | 16 | | General Assembly repeals, supersedes, invalidates, or | 17 | | nullifies final decisions in lawsuits pending on the effective | 18 | | date of this amendatory Act of the 98th General Assembly in | 19 | | Illinois courts involving the interpretation of Public Act | 20 | | 97-8. | 21 | | (Source: P.A. 97-671, eff. 1-24-12; 98-463, eff. 8-16-13; | 22 | | 98-648, eff. 7-1-14.)
| 23 | | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| 24 | | Sec. 14-8.02. Identification, Evaluation and Placement of | 25 | | Children.
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| 1 | | (a) The State Board of Education shall make rules under | 2 | | which local school
boards shall determine the eligibility of | 3 | | children to receive special
education. Such rules shall ensure | 4 | | that a free appropriate public
education be available to all | 5 | | children with disabilities as
defined in
Section 14-1.02. The | 6 | | State Board of Education shall require local school
districts | 7 | | to administer non-discriminatory procedures or tests to
| 8 | | limited English learners proficiency students coming from | 9 | | homes in which a language
other than English is used to | 10 | | determine their eligibility to receive special
education. The | 11 | | placement of low English proficiency students in special
| 12 | | education programs and facilities shall be made in accordance | 13 | | with the test
results reflecting the student's linguistic, | 14 | | cultural and special education
needs. For purposes of | 15 | | determining the eligibility of children the State
Board of | 16 | | Education shall include in the rules definitions of "case | 17 | | study",
"staff conference", "individualized educational | 18 | | program", and "qualified
specialist" appropriate to each | 19 | | category of children with
disabilities as defined in
this | 20 | | Article. For purposes of determining the eligibility of | 21 | | children from
homes in which a language other than English is | 22 | | used, the State Board of
Education shall include in the rules
| 23 | | definitions for "qualified bilingual specialists" and | 24 | | "linguistically and
culturally appropriate individualized | 25 | | educational programs". For purposes of this
Section, as well as | 26 | | Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
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| 1 | | "parent" means a parent as defined in the federal Individuals | 2 | | with Disabilities Education Act (20 U.S.C. 1401(23)).
| 3 | | (b) No child shall be eligible for special education | 4 | | facilities except
with a carefully completed case study fully | 5 | | reviewed by professional
personnel in a multidisciplinary | 6 | | staff conference and only upon the
recommendation of qualified | 7 | | specialists or a qualified bilingual specialist, if
available. | 8 | | At the conclusion of the multidisciplinary staff conference, | 9 | | the
parent of the child shall be given a copy of the | 10 | | multidisciplinary
conference summary report and | 11 | | recommendations, which includes options
considered, and be | 12 | | informed of their right to obtain an independent educational
| 13 | | evaluation if they disagree with the evaluation findings | 14 | | conducted or obtained
by the school district. If the school | 15 | | district's evaluation is shown to be
inappropriate, the school | 16 | | district shall reimburse the parent for the cost of
the | 17 | | independent evaluation. The State Board of Education shall, | 18 | | with advice
from the State Advisory Council on Education of | 19 | | Children with
Disabilities on the
inclusion of specific | 20 | | independent educational evaluators, prepare a list of
| 21 | | suggested independent educational evaluators. The State Board | 22 | | of Education
shall include on the list clinical psychologists | 23 | | licensed pursuant to the
Clinical Psychologist Licensing Act. | 24 | | Such psychologists shall not be paid fees
in excess of the | 25 | | amount that would be received by a school psychologist for
| 26 | | performing the same services. The State Board of Education |
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| 1 | | shall supply school
districts with such list and make the list | 2 | | available to parents at their
request. School districts shall | 3 | | make the list available to parents at the time
they are | 4 | | informed of their right to obtain an independent educational
| 5 | | evaluation. However, the school district may initiate an | 6 | | impartial
due process hearing under this Section within 5 days | 7 | | of any written parent
request for an independent educational | 8 | | evaluation to show that
its evaluation is appropriate. If the | 9 | | final decision is that the evaluation
is appropriate, the | 10 | | parent still has a right to an independent educational
| 11 | | evaluation, but not at public expense. An independent | 12 | | educational
evaluation at public expense must be completed | 13 | | within 30 days of a parent
written request unless the school | 14 | | district initiates an
impartial due process hearing or the | 15 | | parent or school district
offers reasonable grounds to show | 16 | | that such 30 day time period should be
extended. If the due | 17 | | process hearing decision indicates that the parent is entitled | 18 | | to an independent educational evaluation, it must be
completed | 19 | | within 30 days of the decision unless the parent or
the school | 20 | | district offers reasonable grounds to show that such 30 day
| 21 | | period should be extended. If a parent disagrees with the | 22 | | summary report or
recommendations of the multidisciplinary | 23 | | conference or the findings of any
educational evaluation which | 24 | | results therefrom, the school
district shall not proceed with a | 25 | | placement based upon such evaluation and
the child shall remain | 26 | | in his or her regular classroom setting.
No child shall be |
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| 1 | | eligible for admission to a
special class for the educable | 2 | | mentally disabled or for the
trainable
mentally disabled except | 3 | | with a psychological evaluation
and
recommendation by a school | 4 | | psychologist. Consent shall be obtained from
the parent of a | 5 | | child before any evaluation is conducted.
If consent is not | 6 | | given by the parent or if the parent disagrees with the | 7 | | findings of the evaluation, then the school
district may | 8 | | initiate an impartial due process hearing under this Section.
| 9 | | The school district may evaluate the child if that is the | 10 | | decision
resulting from the impartial due process hearing and | 11 | | the decision is not
appealed or if the decision is affirmed on | 12 | | appeal.
The determination of eligibility shall be made and the | 13 | | IEP meeting shall be completed within 60 school days
from the | 14 | | date of written parental consent. In those instances when | 15 | | written parental consent is obtained with fewer than 60 pupil | 16 | | attendance days left in the school year,
the eligibility | 17 | | determination shall be made and the IEP meeting shall be | 18 | | completed prior to the first day of the
following school year. | 19 | | Special education and related services must be provided in | 20 | | accordance with the student's IEP no later than 10 school | 21 | | attendance days after notice is provided to the parents | 22 | | pursuant to Section 300.503 of Title 34 of the Code of Federal | 23 | | Regulations and implementing rules adopted by the State Board | 24 | | of Education. The appropriate
program pursuant to the | 25 | | individualized educational program of students
whose native | 26 | | tongue is a language other than English shall reflect the
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| 1 | | special education, cultural and linguistic needs. No later than | 2 | | September
1, 1993, the State Board of Education shall establish | 3 | | standards for the
development, implementation and monitoring | 4 | | of appropriate bilingual special
individualized educational | 5 | | programs. The State Board of Education shall
further | 6 | | incorporate appropriate monitoring procedures to verify | 7 | | implementation
of these standards. The district shall indicate | 8 | | to the parent and
the State Board of Education the nature of | 9 | | the services the child will receive
for the regular school term | 10 | | while waiting placement in the appropriate special
education | 11 | | class.
| 12 | | If the child is deaf, hard of hearing, blind, or visually | 13 | | impaired and
he or she might be eligible to receive services | 14 | | from the Illinois School for
the Deaf or the Illinois School | 15 | | for the Visually Impaired, the school
district shall notify the | 16 | | parents, in writing, of the existence of
these schools
and the | 17 | | services
they provide and shall make a reasonable effort to | 18 | | inform the parents of the existence of other, local schools | 19 | | that provide similar services and the services that these other | 20 | | schools provide. This notification
shall
include without | 21 | | limitation information on school services, school
admissions | 22 | | criteria, and school contact information.
| 23 | | In the development of the individualized education program | 24 | | for a student who has a disability on the autism spectrum | 25 | | (which includes autistic disorder, Asperger's disorder, | 26 | | pervasive developmental disorder not otherwise specified, |
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| 1 | | childhood disintegrative disorder, and Rett Syndrome, as | 2 | | defined in the Diagnostic and Statistical Manual of Mental | 3 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | 4 | | consider all of the following factors: | 5 | | (1) The verbal and nonverbal communication needs of the | 6 | | child. | 7 | | (2) The need to develop social interaction skills and | 8 | | proficiencies. | 9 | | (3) The needs resulting from the child's unusual | 10 | | responses to sensory experiences. | 11 | | (4) The needs resulting from resistance to | 12 | | environmental change or change in daily routines. | 13 | | (5) The needs resulting from engagement in repetitive | 14 | | activities and stereotyped movements. | 15 | | (6) The need for any positive behavioral | 16 | | interventions, strategies, and supports to address any | 17 | | behavioral difficulties resulting from autism spectrum | 18 | | disorder. | 19 | | (7) Other needs resulting from the child's disability | 20 | | that impact progress in the general curriculum, including | 21 | | social and emotional development. | 22 | | Public Act 95-257
does not create any new entitlement to a | 23 | | service, program, or benefit, but must not affect any | 24 | | entitlement to a service, program, or benefit created by any | 25 | | other law.
| 26 | | If the student may be eligible to participate in the |
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| 1 | | Home-Based Support
Services Program for Mentally Disabled | 2 | | Adults authorized under the
Developmental Disability and | 3 | | Mental Disability Services Act upon becoming an
adult, the | 4 | | student's individualized education program shall include plans | 5 | | for
(i) determining the student's eligibility for those | 6 | | home-based services, (ii)
enrolling the student in the program | 7 | | of home-based services, and (iii)
developing a plan for the | 8 | | student's most effective use of the home-based
services after | 9 | | the student becomes an adult and no longer receives special
| 10 | | educational services under this Article. The plans developed | 11 | | under this
paragraph shall include specific actions to be taken | 12 | | by specified individuals,
agencies, or officials.
| 13 | | (c) In the development of the individualized education | 14 | | program for a
student who is functionally blind, it shall be | 15 | | presumed that proficiency in
Braille reading and writing is | 16 | | essential for the student's satisfactory
educational progress. | 17 | | For purposes of this subsection, the State Board of
Education | 18 | | shall determine the criteria for a student to be classified as
| 19 | | functionally blind. Students who are not currently identified | 20 | | as
functionally blind who are also entitled to Braille | 21 | | instruction include:
(i) those whose vision loss is so severe | 22 | | that they are unable to read and
write at a level comparable to | 23 | | their peers solely through the use of
vision, and (ii) those | 24 | | who show evidence of progressive vision loss that
may result in | 25 | | functional blindness. Each student who is functionally blind
| 26 | | shall be entitled to Braille reading and writing instruction |
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| 1 | | that is
sufficient to enable the student to communicate with | 2 | | the same level of
proficiency as other students of comparable | 3 | | ability. Instruction should be
provided to the extent that the | 4 | | student is physically and cognitively able
to use Braille. | 5 | | Braille instruction may be used in combination with other
| 6 | | special education services appropriate to the student's | 7 | | educational needs.
The assessment of each student who is | 8 | | functionally blind for the purpose of
developing the student's | 9 | | individualized education program shall include
documentation | 10 | | of the student's strengths and weaknesses in Braille skills.
| 11 | | Each person assisting in the development of the individualized | 12 | | education
program for a student who is functionally blind shall | 13 | | receive information
describing the benefits of Braille | 14 | | instruction. The individualized
education program for each | 15 | | student who is functionally blind shall
specify the appropriate | 16 | | learning medium or media based on the assessment
report.
| 17 | | (d) To the maximum extent appropriate, the placement shall | 18 | | provide the
child with the opportunity to be educated with | 19 | | children who are not
disabled; provided that children with
| 20 | | disabilities who are recommended to be
placed into regular | 21 | | education classrooms are provided with supplementary
services | 22 | | to assist the children with disabilities to benefit
from the | 23 | | regular
classroom instruction and are included on the teacher's | 24 | | regular education class
register. Subject to the limitation of | 25 | | the preceding sentence, placement in
special classes, separate | 26 | | schools or other removal of the disabled child
from the regular |
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| 1 | | educational environment shall occur only when the nature of
the | 2 | | severity of the disability is such that education in the
| 3 | | regular classes with
the use of supplementary aids and services | 4 | | cannot be achieved satisfactorily.
The placement of limited | 5 | | English learners proficiency students with disabilities shall
| 6 | | be in non-restrictive environments which provide for | 7 | | integration with
non-disabled peers in bilingual classrooms. | 8 | | Annually, each January, school districts shall report data on | 9 | | students from non-English
speaking backgrounds receiving | 10 | | special education and related services in
public and private | 11 | | facilities as prescribed in Section 2-3.30. If there
is a | 12 | | disagreement between parties involved regarding the special | 13 | | education
placement of any child, either in-state or | 14 | | out-of-state, the placement is
subject to impartial due process | 15 | | procedures described in Article 10 of the
Rules and Regulations | 16 | | to Govern the Administration and Operation of Special
| 17 | | Education.
| 18 | | (e) No child who comes from a home in which a language | 19 | | other than English
is the principal language used may be | 20 | | assigned to any class or program
under this Article until he | 21 | | has been given, in the principal language
used by the child and | 22 | | used in his home, tests reasonably related to his
cultural | 23 | | environment. All testing and evaluation materials and | 24 | | procedures
utilized for evaluation and placement shall not be | 25 | | linguistically, racially or
culturally discriminatory.
| 26 | | (f) Nothing in this Article shall be construed to require |
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| 1 | | any child to
undergo any physical examination or medical | 2 | | treatment whose parents object thereto on the grounds that such | 3 | | examination or
treatment conflicts with his religious beliefs.
| 4 | | (g) School boards or their designee shall provide to the | 5 | | parents of a child prior written notice of any decision (a) | 6 | | proposing
to initiate or change, or (b) refusing to initiate or | 7 | | change, the
identification, evaluation, or educational | 8 | | placement of the child or the
provision of a free appropriate | 9 | | public education to their child, and the
reasons therefor. Such | 10 | | written notification shall also inform the
parent of the | 11 | | opportunity to present complaints with respect
to any matter | 12 | | relating to the educational placement of the student, or
the | 13 | | provision of a free appropriate public education and to have an
| 14 | | impartial due process hearing on the complaint. The notice | 15 | | shall inform
the parents in the parents' native language,
| 16 | | unless it is clearly not feasible to do so, of their rights and | 17 | | all
procedures available pursuant to this Act and the federal | 18 | | Individuals with Disabilities Education Improvement Act of | 19 | | 2004 (Public Law 108-446); it
shall be the responsibility of | 20 | | the State Superintendent to develop
uniform notices setting | 21 | | forth the procedures available under this Act
and the federal | 22 | | Individuals with Disabilities Education Improvement Act of | 23 | | 2004 (Public Law 108-446) to be used by all school boards. The | 24 | | notice
shall also inform the parents of the availability upon
| 25 | | request of a list of free or low-cost legal and other relevant | 26 | | services
available locally to assist parents in initiating an
|
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| 1 | | impartial due process hearing. Any parent who is deaf, or
does | 2 | | not normally communicate using spoken English, who | 3 | | participates in
a meeting with a representative of a local | 4 | | educational agency for the
purposes of developing an | 5 | | individualized educational program shall be
entitled to the | 6 | | services of an interpreter.
| 7 | | (g-5) For purposes of this subsection (g-5), "qualified | 8 | | professional" means an individual who holds credentials to | 9 | | evaluate the child in the domain or domains for which an | 10 | | evaluation is sought or an intern working under the direct | 11 | | supervision of a qualified professional, including a master's | 12 | | or doctoral degree candidate. | 13 | | To ensure that a parent can participate fully and | 14 | | effectively with school personnel in the development of | 15 | | appropriate educational and related services for his or her | 16 | | child, the parent, an independent educational evaluator, or a | 17 | | qualified professional retained by or on behalf of a parent or | 18 | | child must be afforded reasonable access to educational | 19 | | facilities, personnel, classrooms, and buildings and to the | 20 | | child as provided in this subsection (g-5). The requirements of | 21 | | this subsection (g-5) apply to any public school facility, | 22 | | building, or program and to any facility, building, or program | 23 | | supported in whole or in part by public funds. Prior to | 24 | | visiting a school, school building, or school facility, the | 25 | | parent, independent educational evaluator, or qualified | 26 | | professional may be required by the school district to inform |
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| 1 | | the building principal or supervisor in writing of the proposed | 2 | | visit, the purpose of the visit, and the approximate duration | 3 | | of the visit. The visitor and the school district shall arrange | 4 | | the visit or visits at times that are mutually agreeable. | 5 | | Visitors shall comply with school safety, security, and | 6 | | visitation policies at all times. School district visitation | 7 | | policies must not conflict with this subsection (g-5). Visitors | 8 | | shall be required to comply with the requirements of applicable | 9 | | privacy laws, including those laws protecting the | 10 | | confidentiality of education records such as the federal Family | 11 | | Educational Rights and Privacy Act and the Illinois School | 12 | | Student Records Act. The visitor shall not disrupt the | 13 | | educational process. | 14 | | (1) A parent must be afforded reasonable access of | 15 | | sufficient duration and scope for the purpose of observing | 16 | | his or her child in the child's current educational | 17 | | placement, services, or program or for the purpose of | 18 | | visiting an educational placement or program proposed for | 19 | | the child. | 20 | | (2) An independent educational evaluator or a | 21 | | qualified professional retained by or on behalf of a parent | 22 | | or child must be afforded reasonable access of sufficient | 23 | | duration and scope for the purpose of conducting an | 24 | | evaluation of the child, the child's performance, the | 25 | | child's current educational program, placement, services, | 26 | | or environment, or any educational program, placement, |
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| 1 | | services, or environment proposed for the child, including | 2 | | interviews of educational personnel, child observations, | 3 | | assessments, tests or assessments of the child's | 4 | | educational program, services, or placement or of any | 5 | | proposed educational program, services, or placement. If | 6 | | one or more interviews of school personnel are part of the | 7 | | evaluation, the interviews must be conducted at a mutually | 8 | | agreed upon time, date, and place that do not interfere | 9 | | with the school employee's school duties. The school | 10 | | district may limit interviews to personnel having | 11 | | information relevant to the child's current educational | 12 | | services, program, or placement or to a proposed | 13 | | educational service, program, or placement. | 14 | | (h) (Blank).
| 15 | | (i) (Blank).
| 16 | | (j) (Blank).
| 17 | | (k) (Blank).
| 18 | | (l) (Blank).
| 19 | | (m) (Blank).
| 20 | | (n) (Blank).
| 21 | | (o) (Blank).
| 22 | | (Source: P.A. 98-219, eff. 8-9-13.)
| 23 | | (105 ILCS 5/14-9.01) (from Ch. 122, par. 14-9.01)
| 24 | | Sec. 14-9.01.
Qualifications of teachers, other | 25 | | professional personnel
and necessary workers. No person shall |
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| 1 | | be employed to teach any class or
program authorized by this | 2 | | Article who does not hold a valid teacher's
license certificate | 3 | | as provided by law and unless he has had such special training
| 4 | | as the State Board of Education may require. No special license | 5 | | certificate or
endorsement to a special license certificate | 6 | | issued under Section 21B-30 of this Code Section 21-4 on
or | 7 | | after July 1, 1994, shall be valid for teaching students with | 8 | | visual
disabilities unless the person to whom the license | 9 | | certificate or endorsement is issued
has attained satisfactory | 10 | | performance on an examination that is designed to
assess | 11 | | competency in Braille reading and writing skills according to | 12 | | standards
that the State Board of Education may adopt. Evidence | 13 | | of successfully
completing the examination of Braille reading | 14 | | and writing skills must be
submitted to the State Board of | 15 | | Education prior to an applicant's taking examination
of the | 16 | | content area subject matter knowledge test required under | 17 | | Section 21B-30 of this Code Section 21-1a . In Beginning
July 1, | 18 | | 1995, in addition to other requirements, a candidate for a | 19 | | teaching
license certification in the area of the deaf and hard | 20 | | of hearing granted by the
Illinois State Board of Education for | 21 | | teaching deaf and hard of hearing
students in grades pre-school | 22 | | through grade 12 must demonstrate a minimum
proficiency in sign | 23 | | language as determined by the Illinois State Board of
| 24 | | Education. All other professional personnel employed in any | 25 | | class, service,
or program authorized by this Article shall | 26 | | hold such licenses certificates and shall
have had such special |
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| 1 | | training as the State Board of Education may require;
provided | 2 | | that in a school district organized under Article 34, the | 3 | | school
district may employ speech and language pathologists who | 4 | | are licensed under the
Illinois Speech-Language Pathology and | 5 | | Audiology Practice Act but who do not
hold a license | 6 | | certificate issued under this the School Code if the district | 7 | | certifies that
a chronic shortage of certified personnel | 8 | | exists. Nothing contained in this
Act prohibits the school | 9 | | board from employing necessary workers to assist the
teacher | 10 | | with the special educational facilities, except that all such | 11 | | necessary
workers must have had such training as the State | 12 | | Board of Education may
require.
| 13 | | No later than January 1, 1993, the State Board of Education | 14 | | shall develop,
in consultation with the Advisory Council on the | 15 | | Education of Children with
Disabilities and the Advisory | 16 | | Council on Bilingual Education, rules governing
the | 17 | | qualifications for certification of teachers and school | 18 | | service personnel
providing services to limited English | 19 | | learners proficient students receiving special
education and | 20 | | related services.
| 21 | | The employment of any teacher in a special education | 22 | | program provided
for in Sections 14-1.01 to 14-14.01, | 23 | | inclusive, shall be subject to
the provisions of Sections 24-11 | 24 | | to 24-16, inclusive. Any teacher
employed in a special | 25 | | education program, prior to the effective date of
this | 26 | | amendatory Act of 1987, in which 2 or more districts
|
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| 1 | | participate shall enter upon contractual continued service in | 2 | | each of
the participating districts subject to the provisions | 3 | | of Sections 24-11
to 24-16, inclusive.
| 4 | | (Source: P.A. 92-651, eff. 7-11-02.)
| 5 | | (105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1) | 6 | | Sec. 14C-1. The General Assembly finds that there are large | 7 | | numbers of children in
this State who come from environments | 8 | | where the primary language is other
than English. Experience | 9 | | has shown that public school classes in which
instruction is | 10 | | given only in English are often inadequate for the education
of | 11 | | children whose native tongue is another language. The General | 12 | | Assembly
believes that a program of transitional bilingual | 13 | | education can meet the
needs of these children and facilitate | 14 | | their integration into the regular
public school curriculum. | 15 | | Therefore, pursuant to the policy of this State
to ensure | 16 | | insure equal educational opportunity to every child, and in | 17 | | recognition
of the educational needs of English learners | 18 | | children of limited English-speaking ability , it is the purpose | 19 | | of this Act to provide for the establishment of
transitional | 20 | | bilingual education programs in the public schools, to
provide | 21 | | supplemental financial assistance to help local school | 22 | | districts
meet the extra costs of such programs, and to allow | 23 | | this State to directly or indirectly provide technical | 24 | | assistance and professional development to support | 25 | | transitional bilingual education programs statewide. |
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| 1 | | (Source: P.A. 96-1423, eff. 8-3-10.)
| 2 | | (105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2)
| 3 | | Sec. 14C-2. Definitions. Unless the context indicates | 4 | | otherwise, the terms used in this
Article have the following | 5 | | meanings:
| 6 | | (a) "State Board" means the State Board of Education.
| 7 | | (b) "Certification Board" means the State Teacher | 8 | | Certification
Board.
| 9 | | (c) "School District" means any school district | 10 | | established under
this Code.
| 11 | | (d) "English learners" "Children of limited | 12 | | English-speaking ability" means (1)
all children in grades | 13 | | pre-K through 12 who were not born in the United States, whose | 14 | | native tongue is a
language other than English, and who are | 15 | | incapable of performing ordinary
classwork in English; and (2) | 16 | | all children in grades pre-K through 12 who were born in the | 17 | | United
States of parents possessing no or limited | 18 | | English-speaking ability and
who are incapable of performing | 19 | | ordinary classwork in English.
| 20 | | (e) "Teacher of transitional bilingual education" means a | 21 | | teacher
with a speaking and reading ability in a language other | 22 | | than English in
which transitional bilingual education is | 23 | | offered and with communicative
skills in English.
| 24 | | (f) "Program in transitional bilingual education" means a | 25 | | full-time
program of instruction (1) in all those courses or |
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| 1 | | subjects which a
child is required by law to receive and which | 2 | | are required by the
child's school district, which shall be | 3 | | given in the native language of
English learners the children | 4 | | of limited English-speaking ability who are enrolled in the
| 5 | | program and also in English, (2) in the reading and writing of | 6 | | the
native language of English learners the children of limited | 7 | | English-speaking ability who
are enrolled in the program and in | 8 | | the oral language (listening and speaking),
reading, and | 9 | | writing of English, and (3) in the history and culture of
the | 10 | | country, territory, or geographic area which is the native land | 11 | | of
the parents of English learners children of limited | 12 | | English-speaking ability who are
enrolled in the program and in | 13 | | the history and culture of the United
States; or a part-time | 14 | | program of instruction based on the educational
needs of those | 15 | | English learners children of limited English-speaking ability | 16 | | who do not
need a full-time program of instruction.
| 17 | | (Source: P.A. 98-972, eff. 8-15-14.)
| 18 | | (105 ILCS 5/14C-3) (from Ch. 122, par. 14C-3)
| 19 | | Sec. 14C-3. Language classification of children; | 20 | | establishment of
program; period of participation; | 21 | | examination.
Each school district shall ascertain, not later | 22 | | than the first day of
March, under regulations prescribed by | 23 | | the State Board, the
number of English learners children of | 24 | | limited English-speaking ability within the school
district, | 25 | | and shall classify them according to the language of which
they |
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| 1 | | possess a primary speaking ability, and their grade level, age | 2 | | or
achievement level.
| 3 | | When, at the beginning of any school year, there is within | 4 | | an
attendance center of a school district , not including | 5 | | children who are
enrolled in existing private school systems, | 6 | | 20 or more English learners children of
limited | 7 | | English-speaking ability in any such language classification,
| 8 | | the school district shall establish, for each classification, a | 9 | | program
in transitional bilingual education for the children | 10 | | therein. A school
district may establish a program in | 11 | | transitional
bilingual education with respect to any | 12 | | classification with less than 20
children therein, but should a | 13 | | school district decide not to establish
such a program, the | 14 | | school district shall provide a locally determined
| 15 | | transitional program of instruction which, based upon an
| 16 | | individual student language assessment, provides content area | 17 | | instruction
in a language other than English to the extent
| 18 | | necessary to ensure that each student can benefit from | 19 | | educational
instruction and achieve an early and effective | 20 | | transition into the regular
school curriculum.
| 21 | | Every school-age English learner child of limited | 22 | | English-speaking ability not
enrolled in existing private | 23 | | school systems shall be enrolled and
participate in the program | 24 | | in transitional bilingual education
established for the | 25 | | classification to which he belongs by the school
district in | 26 | | which he resides for a period of 3 years or until such time
as |
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| 1 | | he achieves a level of English language skills which will | 2 | | enable him
to perform successfully in classes in which | 3 | | instruction is given only in
English, whichever shall first | 4 | | occur.
| 5 | | An English learner A child of limited English-speaking | 6 | | ability enrolled in a program in
transitional bilingual | 7 | | education may, in the discretion of the school
district and | 8 | | subject to the approval of the child's parent or legal
| 9 | | guardian, continue in that program for a period longer than 3 | 10 | | years.
| 11 | | An examination in the oral language (listening and | 12 | | speaking), reading, and
writing of English, as prescribed by | 13 | | the State Board, shall
be administered annually to all English | 14 | | learners children of limited English-speaking
ability enrolled | 15 | | and participating in a program in transitional
bilingual | 16 | | education. No school district shall transfer an English learner | 17 | | a child of
limited English-speaking ability out of a program in | 18 | | transitional
bilingual education prior to his third year of | 19 | | enrollment therein unless
the parents of the child approve the | 20 | | transfer in writing, and unless the
child has received a score | 21 | | on said examination which, in the
determination of the State | 22 | | Board, reflects a level of
English language skills appropriate | 23 | | to his or her grade level.
| 24 | | If later evidence suggests that a child so transferred is | 25 | | still
disabled by an inadequate command of English, he may be
| 26 | | re-enrolled
in the program for a length of time equal to that |
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| 1 | | which remained at the
time he was transferred.
| 2 | | (Source: P.A. 98-972, eff. 8-15-14.)
| 3 | | (105 ILCS 5/14C-5) (from Ch. 122, par. 14C-5)
| 4 | | Sec. 14C-5. Nonresident children; enrollment and tuition; | 5 | | joint programs. A school district may allow a nonresident | 6 | | English learner child of limited
English-speaking ability to | 7 | | enroll in or attend its program in transitional
bilingual | 8 | | education , and the tuition for such a child shall be paid by | 9 | | the
district in which he resides.
| 10 | | Any school district may join with any other school district | 11 | | or districts
to provide the programs in transitional bilingual | 12 | | education required or
permitted by this Article.
| 13 | | (Source: P.A. 78-727.)
| 14 | | (105 ILCS 5/14C-7) (from Ch. 122, par. 14C-7)
| 15 | | Sec. 14C-7. Participation in extracurricular activities of | 16 | | public schools. Instruction in courses of subjects included in | 17 | | a program of transitional
bilingual education which are not | 18 | | mandatory may be given in a language
other than English. In | 19 | | those courses or subjects in which verbalization is
not | 20 | | essential to an understanding of the subject matter, including | 21 | | but not
necessarily limited to art, music and physical | 22 | | education, English learners children of
limited | 23 | | English-speaking ability shall participate fully with their
| 24 | | English-speaking contemporaries in the regular public school |
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| 1 | | classes
provided for said subjects. Each school district shall | 2 | | ensure to children
enrolled in a program in transitional | 3 | | bilingual education practical and
meaningful opportunity to | 4 | | participate fully in the extracurricular
activities of the | 5 | | regular public schools in the district.
| 6 | | (Source: P.A. 78-727.)
| 7 | | (105 ILCS 5/14C-9) (from Ch. 122, par. 14C-9)
| 8 | | Sec. 14C-9. Tenure; minimum salaries. Any person employed | 9 | | as a teacher of transitional bilingual education
whose teaching | 10 | | certificate was issued pursuant to Section
14C-8 (now repealed) | 11 | | of this Code Article shall have such employment credited to him | 12 | | or her for the
purposes of determining under the provisions of | 13 | | this Code eligibility to
enter upon contractual continued | 14 | | service; provided that such employment
immediately precedes | 15 | | and is consecutive with the year in which such person
becomes | 16 | | certified under Article 21 of this Code or licensed under | 17 | | Article 21B of this Code .
| 18 | | For the purposes of determining the minimum salaries | 19 | | payable to persons
certified under Section 14C-8 (now repealed) | 20 | | of this Code Article , such
persons shall be deemed to have been | 21 | | trained at a recognized institution of
higher learning.
| 22 | | (Source: P.A. 82-597.)
| 23 | | (105 ILCS 5/14C-11) (from Ch. 122, par. 14C-11)
| 24 | | Sec. 14C-11. Preschool or summer school programs. A school |
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| 1 | | district may establish , on a full or part-time basis , preschool
| 2 | | or summer school programs in transitional bilingual education | 3 | | for English learners children
of limited English-speaking | 4 | | ability or join with the other school districts
in establishing | 5 | | such preschool or summer programs. Preschool or summer
programs | 6 | | in transitional bilingual education shall not substitute for
| 7 | | programs in transitional bilingual education required to be | 8 | | provided during
the regular school year.
| 9 | | (Source: P.A. 78-727.)
| 10 | | (105 ILCS 5/27A-5)
| 11 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 12 | | (a) A charter school shall be a public, nonsectarian, | 13 | | nonreligious, non-home
based, and non-profit school. A charter | 14 | | school shall be organized and operated
as a nonprofit | 15 | | corporation or other discrete, legal, nonprofit entity
| 16 | | authorized under the laws of the State of Illinois.
| 17 | | (b) A charter school may be established under this Article | 18 | | by creating a new
school or by converting an existing public | 19 | | school or attendance center to
charter
school status.
Beginning | 20 | | on the effective date of this amendatory Act of the 93rd | 21 | | General
Assembly, in all new
applications to establish
a | 22 | | charter
school in a city having a population exceeding 500,000, | 23 | | operation of the
charter
school shall be limited to one campus. | 24 | | The changes made to this Section by this
amendatory Act
of the | 25 | | 93rd General
Assembly do not apply to charter schools existing |
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| 1 | | or approved on or before the
effective date of this
amendatory | 2 | | Act. | 3 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 4 | | a cyber school where students engage in online curriculum and | 5 | | instruction via the Internet and electronic communication with | 6 | | their teachers at remote locations and with students | 7 | | participating at different times. | 8 | | From April 1, 2013 through December 31, 2016, there is a | 9 | | moratorium on the establishment of charter schools with | 10 | | virtual-schooling components in school districts other than a | 11 | | school district organized under Article 34 of this Code. This | 12 | | moratorium does not apply to a charter school with | 13 | | virtual-schooling components existing or approved prior to | 14 | | April 1, 2013 or to the renewal of the charter of a charter | 15 | | school with virtual-schooling components already approved | 16 | | prior to April 1, 2013. | 17 | | On or before March 1, 2014, the Commission shall submit to | 18 | | the General Assembly a report on the effect of | 19 | | virtual-schooling, including without limitation the effect on | 20 | | student performance, the costs associated with | 21 | | virtual-schooling, and issues with oversight. The report shall | 22 | | include policy recommendations for virtual-schooling.
| 23 | | (c) A charter school shall be administered and governed by | 24 | | its board of
directors or other governing body
in the manner | 25 | | provided in its charter. The governing body of a charter school
| 26 | | shall be subject to the Freedom of Information Act and the Open |
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| 1 | | Meetings Act.
| 2 | | (d) A charter school shall comply with all applicable | 3 | | health and safety
requirements applicable to public schools | 4 | | under the laws of the State of
Illinois.
| 5 | | (e) Except as otherwise provided in the School Code, a | 6 | | charter school shall
not charge tuition; provided that a | 7 | | charter school may charge reasonable fees
for textbooks, | 8 | | instructional materials, and student activities.
| 9 | | (f) A charter school shall be responsible for the | 10 | | management and operation
of its fiscal affairs including,
but | 11 | | not limited to, the preparation of its budget. An audit of each | 12 | | charter
school's finances shall be conducted annually by an | 13 | | outside, independent
contractor retained by the charter | 14 | | school. To ensure financial accountability for the use of | 15 | | public funds, on or before December 1 of every year of | 16 | | operation, each charter school shall submit to its authorizer | 17 | | and the State Board a copy of its audit and a copy of the Form | 18 | | 990 the charter school filed that year with the federal | 19 | | Internal Revenue Service. In addition, if deemed necessary for | 20 | | proper financial oversight of the charter school, an authorizer | 21 | | may require quarterly financial statements from each charter | 22 | | school.
| 23 | | (g) A charter school shall comply with all provisions of | 24 | | this Article , ; the Illinois Educational Labor Relations Act , ; | 25 | | all federal and State laws and rules applicable to public | 26 | | schools that pertain to special education and the instruction |
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| 1 | | of English language learners, referred to in this Code as | 2 | | "children of limited English-speaking ability"; and
its | 3 | | charter. A charter
school is exempt from all other State laws | 4 | | and regulations in this Code
governing public
schools and local | 5 | | school board policies, except the following:
| 6 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 7 | | criminal
history records checks and checks of the Statewide | 8 | | Sex Offender Database and Statewide Murderer and Violent | 9 | | Offender Against Youth Database of applicants for | 10 | | employment;
| 11 | | (2) Sections 24-24 and 34-84A of this Code regarding | 12 | | discipline of
students;
| 13 | | (3) the Local Governmental and Governmental Employees | 14 | | Tort Immunity Act;
| 15 | | (4) Section 108.75 of the General Not For Profit | 16 | | Corporation Act of 1986
regarding indemnification of | 17 | | officers, directors, employees, and agents;
| 18 | | (5) the Abused and Neglected Child Reporting Act;
| 19 | | (6) the Illinois School Student Records Act;
| 20 | | (7) Section 10-17a of this Code regarding school report | 21 | | cards;
| 22 | | (8) the P-20 Longitudinal Education Data System Act; | 23 | | and | 24 | | (9) Section 27-23.7 of this Code regarding bullying | 25 | | prevention ; and . | 26 | | (10) (9) Section 2-3.162 2-3.160 of this the School |
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| 1 | | Code regarding student discipline reporting. | 2 | | The change made by Public Act 96-104 to this subsection (g) | 3 | | is declaratory of existing law. | 4 | | (h) A charter school may negotiate and contract with a | 5 | | school district, the
governing body of a State college or | 6 | | university or public community college, or
any other public or | 7 | | for-profit or nonprofit private entity for: (i) the use
of a | 8 | | school building and grounds or any other real property or | 9 | | facilities that
the charter school desires to use or convert | 10 | | for use as a charter school site,
(ii) the operation and | 11 | | maintenance thereof, and
(iii) the provision of any service, | 12 | | activity, or undertaking that the charter
school is required to | 13 | | perform in order to carry out the terms of its charter.
| 14 | | However, a charter school
that is established on
or
after the | 15 | | effective date of this amendatory Act of the 93rd General
| 16 | | Assembly and that operates
in a city having a population | 17 | | exceeding
500,000 may not contract with a for-profit entity to
| 18 | | manage or operate the school during the period that commences | 19 | | on the
effective date of this amendatory Act of the 93rd | 20 | | General Assembly and
concludes at the end of the 2004-2005 | 21 | | school year.
Except as provided in subsection (i) of this | 22 | | Section, a school district may
charge a charter school | 23 | | reasonable rent for the use of the district's
buildings, | 24 | | grounds, and facilities. Any services for which a charter | 25 | | school
contracts
with a school district shall be provided by | 26 | | the district at cost. Any services
for which a charter school |
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| 1 | | contracts with a local school board or with the
governing body | 2 | | of a State college or university or public community college
| 3 | | shall be provided by the public entity at cost.
| 4 | | (i) In no event shall a charter school that is established | 5 | | by converting an
existing school or attendance center to | 6 | | charter school status be required to
pay rent for space
that is | 7 | | deemed available, as negotiated and provided in the charter | 8 | | agreement,
in school district
facilities. However, all other | 9 | | costs for the operation and maintenance of
school district | 10 | | facilities that are used by the charter school shall be subject
| 11 | | to negotiation between
the charter school and the local school | 12 | | board and shall be set forth in the
charter.
| 13 | | (j) A charter school may limit student enrollment by age or | 14 | | grade level.
| 15 | | (k) If the charter school is approved by the Commission, | 16 | | then the Commission charter school is its own local education | 17 | | agency. | 18 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 19 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; | 20 | | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. | 21 | | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised | 22 | | 10-14-14.)
| 23 | | (105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
| 24 | | Sec. 34-2.4. School improvement plan. A 3 year local school
| 25 | | improvement plan shall be developed and implemented at each |
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| 1 | | attendance center.
This plan shall reflect the overriding | 2 | | purpose of the attendance center to
improve educational | 3 | | quality. The local school principal shall develop a
school | 4 | | improvement plan in consultation with the local school council, | 5 | | all
categories of school staff, parents and community | 6 | | residents. Once the plan
is developed, reviewed by the | 7 | | professional personnel leadership committee,
and approved by | 8 | | the local school council, the
principal shall be responsible | 9 | | for directing implementation of the plan,
and the local school | 10 | | council shall monitor its implementation. After the
| 11 | | termination of the initial 3 year plan, a new 3 year plan shall | 12 | | be
developed and modified as appropriate on an annual basis.
| 13 | | The school improvement plan shall be designed to achieve | 14 | | priority goals
including but not limited to:
| 15 | | (a) assuring that students show significant progress | 16 | | toward meeting and
exceeding State performance standards | 17 | | in State mandated learning areas,
including the mastery of | 18 | | higher order thinking skills in
these areas;
| 19 | | (b) assuring that students attend school regularly and | 20 | | graduate from
school at such rates that the district | 21 | | average equals or surpasses national
norms;
| 22 | | (c) assuring that students are adequately prepared for | 23 | | and aided in
making a successful transition to further | 24 | | education and life experience;
| 25 | | (d) assuring that students are adequately prepared for
| 26 | | and aided in making a successful transition to employment; |
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| 1 | | and
| 2 | | (e) assuring that students are, to the maximum extent | 3 | | possible, provided
with a common learning experience that | 4 | | is of high academic quality and that
reflects high | 5 | | expectations for all students' capacities to learn.
| 6 | | With respect to these priority goals, the school | 7 | | improvement plan shall
include but not be limited to the | 8 | | following:
| 9 | | (a) an analysis of data collected in the attendance | 10 | | center and community
indicating the specific strengths and | 11 | | weaknesses of the attendance center
in light of the goals | 12 | | specified above, including data and analysis specified
by | 13 | | the State Board of Education pertaining to specific | 14 | | measurable outcomes for
student performance, the | 15 | | attendance centers, and their instructional
programs;
| 16 | | (b) a description of specific annual objectives the | 17 | | attendance center
will pursue in achieving the goals | 18 | | specified above;
| 19 | | (c) a description of the specific activities the | 20 | | attendance center will
undertake to achieve its | 21 | | objectives;
| 22 | | (d) an analysis of the attendance center's staffing | 23 | | pattern and material
resources, and an explanation of how | 24 | | the attendance center's planned
staffing pattern, the | 25 | | deployment of staff, and the use of material
resources | 26 | | furthers the objectives of the plan;
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| 1 | | (e) a description of the key assumptions and directions | 2 | | of the school's
curriculum and the academic and | 3 | | non-academic programs of the attendance
center, and an | 4 | | explanation of how this curriculum and these programs
| 5 | | further the goals and objectives of the plan;
| 6 | | (f) a description of the steps that will be taken to | 7 | | enhance educational
opportunities for all students, | 8 | | regardless of gender, including limited
English learners | 9 | | proficient students , disabled students, low-income | 10 | | students and
minority students;
| 11 | | (g) a description of any steps which may be taken by | 12 | | the attendance
center to educate parents as to how they can | 13 | | assist children at home in
preparing their children to | 14 | | learn effectively;
| 15 | | (h) a description of the steps the attendance center | 16 | | will take to
coordinate its efforts with, and to gain the | 17 | | participation and support of,
community residents, | 18 | | business organizations, and other local institutions
and | 19 | | individuals;
| 20 | | (i) a description of any staff development program for | 21 | | all school staff
and volunteers tied to the priority goals, | 22 | | objectives, and activities
specified in the plan;
| 23 | | (j) a description of the steps the local school council | 24 | | will undertake
to monitor implementation of the plan on an | 25 | | ongoing basis;
| 26 | | (k) a description of the steps the attendance center |
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| 1 | | will take to ensure
that teachers have working conditions | 2 | | that provide a professional
environment conducive to | 3 | | fulfilling their responsibilities;
| 4 | | (l) a description of the steps the attendance center | 5 | | will take to ensure
teachers the time and opportunity to | 6 | | incorporate new ideas and techniques,
both in subject | 7 | | matter and teaching skills, into their own work;
| 8 | | (m) a description of the steps the attendance center | 9 | | will take to
encourage pride and positive identification | 10 | | with the attendance center
through various athletic | 11 | | activities; and
| 12 | | (n) a description of the student need for and provision | 13 | | of services
to special populations, beyond the standard | 14 | | school programs provided for
students in grades K through | 15 | | 12 and those enumerated in the categorical
programs cited | 16 | | in item d of part 4 of Section 34-2.3, including financial
| 17 | | costs of providing same and a timeline for implementing the | 18 | | necessary
services, including but not limited, when | 19 | | applicable, to ensuring the
provisions of educational | 20 | | services to all eligible children aged 4 years
for the | 21 | | 1990-91 school year and thereafter, reducing class size to | 22 | | State
averages in grades K-3 for the 1991-92 school year | 23 | | and thereafter and in
all grades for the 1993-94 school | 24 | | year and thereafter, and providing
sufficient staff and | 25 | | facility resources for students not served in the
regular | 26 | | classroom setting.
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| 1 | | Based on the analysis of data collected indicating specific | 2 | | strengths and
weaknesses of the attendance center, the school | 3 | | improvement plan may place
greater emphasis from year to year | 4 | | on particular priority goals, objectives,
and activities.
| 5 | | (Source: P.A. 93-48, eff. 7-1-03.)
| 6 | | (105 ILCS 5/34-8.17)
| 7 | | Sec. 34-8.17. Lump-sum allocation; key centralized | 8 | | functions. Final
designation as a Learning Zone under this Law | 9 | | shall entitle the participating
attendance centers to receive | 10 | | funds in lump-sum allocations, to budget and
spend those funds, | 11 | | and to operate in accordance with the designation and this
Law. | 12 | | Lump-sum allocations shall be based on the number of enrolled | 13 | | regular
and special needs students and shall include all | 14 | | operating funds for
compensation, supplies, equipment, | 15 | | repairs, energy, maintenance,
transportation,
and
professional | 16 | | services, and all special funds that follow special | 17 | | populations,
including desegregation, special education, | 18 | | bilingual, federal, and State
Chapter 1 funds. A sum equal to | 19 | | 3.2% of operating funds shall be deducted by
the board to | 20 | | provide key centralized functions,
unless a
designated | 21 | | Learning Zone obtains one or more of those functions elsewhere, | 22 | | in
which case the sum shall be appropriately adjusted. As used
| 23 | | in this Law, key centralized functions shall mean:
| 24 | | (1) Equity assurance staff to ensure that services are | 25 | | maintained for
students with disabilities, limited English |
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| 1 | | learners proficient students , low-income
students, and any | 2 | | other special need students as required by federal law;
| 3 | | (2) Payroll services and background and credential | 4 | | checks;
| 5 | | (3) Budget and treasury services to levy and collect | 6 | | taxes and distribute
lump-sum funding;
| 7 | | (4) Central computer systems providing information | 8 | | distribution and
networking;
| 9 | | (5) On-line data collection and analysis centers for | 10 | | student and school
data;
| 11 | | (6) Emergency pool funding; and
| 12 | | (7) Legal and labor departmental services for | 13 | | system-wide litigation and
collective bargaining | 14 | | negotiations.
| 15 | | (Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
| 16 | | Section 10. The Critical Health Problems and Comprehensive | 17 | | Health
Education Act is amended by changing Section 5 as | 18 | | follows:
| 19 | | (105 ILCS 110/5) (from Ch. 122, par. 865)
| 20 | | Sec. 5. Advisory Committee.
An advisory committee | 21 | | consisting of 11 members is hereby established
as follows:
the
| 22 | | Director of Public Health or his or her designee, the Secretary | 23 | | of
Human Services or his or her designee,
and an additional | 24 | | person representing the Department of Human
Services |
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| 1 | | designated by the Secretary,
the Director of Children and | 2 | | Family Services or his or her designee,
the Chairman of the | 3 | | Illinois Joint Committee on School Health or his or her
| 4 | | designee,
and 7 6
members to be appointed by the State Board of | 5 | | Education to
be chosen, insofar as is possible, from the | 6 | | following groups: colleges
and universities, voluntary health | 7 | | agencies, medicine, dentistry,
professional health | 8 | | associations, teachers, administrators, members of
local | 9 | | boards of education, and lay citizens. The original public | 10 | | members
shall, upon their
appointment, serve until July 1, | 11 | | 1973, and, thereafter, new appointments
of public members shall | 12 | | be made in like manner and such members shall
serve for 4 year | 13 | | terms commencing on July 1, 1973, and until their
successors | 14 | | are appointed and qualified. Vacancies in the terms of public
| 15 | | members shall be filled in like manner as original appointments | 16 | | for the
balance of the unexpired terms. The members of the | 17 | | advisory committee
shall receive no compensation but shall be | 18 | | reimbursed for actual and
necessary expenses incurred in the | 19 | | performance of their duties. Such
committee shall select a | 20 | | chairman and establish rules and procedures for
its proceedings | 21 | | not inconsistent with the provisions of this Act. Such
| 22 | | committee shall advise the State Board of Education on all | 23 | | matters relating
to the implementation of the
provisions of | 24 | | this Act. They shall assist in presenting advice and
| 25 | | interpretation concerning a comprehensive health education | 26 | | program to
the Illinois public, especially as related to |
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| 1 | | critical health problems.
They shall also assist in | 2 | | establishing a sound understanding and
sympathetic | 3 | | relationship between such comprehensive health education
| 4 | | program and the public health, welfare and educational programs | 5 | | of other
agencies in the community.
| 6 | | (Source: P.A. 90-372, eff. 7-1-98; 91-61, eff. 6-30-99.)
| 7 | | (105 ILCS 5/2-3.60 rep.)
| 8 | | (105 ILCS 5/2-3.64b rep.) | 9 | | (105 ILCS 5/2-3.120 rep.) | 10 | | (105 ILCS 5/2-3.137 rep.)
| 11 | | (105 ILCS 5/2-3.147 rep.)
| 12 | | (105 ILCS 5/3-11.5 rep.)
| 13 | | (105 ILCS 5/22-65 rep.) | 14 | | (105 ILCS 5/22-75 rep.) | 15 | | Section 15. The School Code is amended by repealing | 16 | | Sections 2-3.60, 2-3.64b, 2-3.120, 2-3.137, 2-3.147, 3-11.5, | 17 | | 22-65, and 22-75.
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2015.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 105 ILCS 5/1A-10 | | | 4 | | 105 ILCS 5/1C-4 | | | 5 | | 105 ILCS 5/2-3.12 | from Ch. 122, par. 2-3.12 | | 6 | | 105 ILCS 5/2-3.39 | from Ch. 122, par. 2-3.39 | | 7 | | 105 ILCS 5/2-3.62 | from Ch. 122, par. 2-3.62 | | 8 | | 105 ILCS 5/2-3.64a-5 | | | 9 | | 105 ILCS 5/2-3.162 | | | 10 | | 105 ILCS 5/3-1 | from Ch. 122, par. 3-1 | | 11 | | 105 ILCS 5/3-2.5 | | | 12 | | 105 ILCS 5/3-11 | from Ch. 122, par. 3-11 | | 13 | | 105 ILCS 5/3-15.6 | from Ch. 122, par. 3-15.6 | | 14 | | 105 ILCS 5/3-15.10 | from Ch. 122, par. 3-15.10 | | 15 | | 105 ILCS 5/3-15.17 | | | 16 | | 105 ILCS 5/10-17a | from Ch. 122, par. 10-17a | | 17 | | 105 ILCS 5/14-8.02 | from Ch. 122, par. 14-8.02 | | 18 | | 105 ILCS 5/14-9.01 | from Ch. 122, par. 14-9.01 | | 19 | | 105 ILCS 5/14C-1 | from Ch. 122, par. 14C-1 | | 20 | | 105 ILCS 5/14C-2 | from Ch. 122, par. 14C-2 | | 21 | | 105 ILCS 5/14C-3 | from Ch. 122, par. 14C-3 | | 22 | | 105 ILCS 5/14C-5 | from Ch. 122, par. 14C-5 | | 23 | | 105 ILCS 5/14C-7 | from Ch. 122, par. 14C-7 | | 24 | | 105 ILCS 5/14C-9 | from Ch. 122, par. 14C-9 | | 25 | | 105 ILCS 5/14C-11 | from Ch. 122, par. 14C-11 | |
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| 1 | | 105 ILCS 5/27A-5 | | | 2 | | 105 ILCS 5/34-2.4 | from Ch. 122, par. 34-2.4 | | 3 | | 105 ILCS 5/34-8.17 | | | 4 | | 105 ILCS 110/5 | from Ch. 122, par. 865 | | 5 | | 105 ILCS 5/2-3.60 rep. | | | 6 | | 105 ILCS 5/2-3.64b rep. | | | 7 | | 105 ILCS 5/2-3.120 rep. | | | 8 | | 105 ILCS 5/2-3.137 rep. | | | 9 | | 105 ILCS 5/2-3.147 rep. | | | 10 | | 105 ILCS 5/3-11.5 rep. | | | 11 | | 105 ILCS 5/22-65 rep. | | | 12 | | 105 ILCS 5/22-75 rep. | |
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