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90_SB0271ccr001
LRB9000348THpkccr3
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 271
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 2 to Senate Bill 271, recommend the following:
11 (1) that the Senate concur in House Amendment No. 2; and
12 (2) that Senate Bill 271, AS AMENDED, be further amended
13 by replacing the title with the following:
14 "AN ACT concerning education."; and
15 by replacing Sections 90 and 99 with the following:
16 "Section 75. The School Code is amended by adding
17 Sections 2-3.27a, 2-3.120, 17-2.11b, 27-20.6, and 34-4.5 and
18 changing Sections 1A-2, 10-20.12b, 19-1, 22-23, and 34-2.4b
19 as follows:
20 (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
21 Sec. 1A-2. Qualifications. The members of the State
22 Board of Education shall be citizens of the United States and
23 residents of the State of Illinois and shall be selected as
24 far as may be practicable on the basis of their knowledge of,
25 or interest and experience in, problems of public education.
26 No member of the State Board of Education shall be gainfully
27 employed or administratively connected with any school
28 system, nor have any interest in or benefit from funds
29 provided by the State Board of Education to an or institution
30 of higher learning, public or private, within Illinois, nor
31 shall they be members of a school board or board of school
32 trustees of a public or nonpublic school, college, university
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1 or technical institution within Illinois. No member shall
2 be appointed to more than 2 six year terms. Members shall be
3 reimbursed for all ordinary and necessary expenses incurred
4 in performing their duties as members of the Board. Expenses
5 shall be approved by the Board and be consistent with the
6 laws, policies, and requirements of the State of Illinois
7 regarding such expenditures, plus any member may include in
8 his claim for expenses $50 per day for meeting days.
9 (Source: P.A. 80-1513.)
10 (105 ILCS 5/2-3.27a new)
11 Sec. 2-3.27a. The State Board of Education shall
12 contract with an independent certified public accountant or
13 accounting firm to conduct a management audit of Bloom
14 Township High School District 206. The audit shall include a
15 review of the adequacy of the school district's long-term
16 financial plan and its policies and procedures for issuing
17 bonds for school finance purposes. The audit shall also
18 review the competitiveness of interest rates, disposition of
19 premiums and fees, and taxability of the district's 1992 and
20 1995 bond issues.
21 The State Board of Education shall submit the completed
22 audit to the General Assembly and the Auditor General no
23 later than December 31, 1997, and shall make the report
24 available upon request to any other person. The Auditor
25 General shall be given access to the audit working papers and
26 other supporting information at his or her request, and those
27 working papers shall also be public documents, except to the
28 extent that specific information contained in those working
29 papers is confidential by or pursuant to law.
30 (105 ILCS 5/2-3.120 new)
31 Sec. 2-3.120. Dissection alternatives. The State Board
32 of Education shall make available to school districts sources
33 of information concerning alternatives to the dissection of
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1 animals. Such information may include, but need not be
2 limited to, names, addresses, and contact personnel of
3 organizations that offer free instructional and teaching
4 materials as alternatives to dissection.
5 (105 ILCS 5/10-20.12b)
6 Sec. 10-20.12b. Residency; payment of tuition; hearing;
7 criminal penalty.
8 (a) For purposes of this Section:
9 (1) The residence of a person who has legal custody
10 of a pupil is deemed to be the residence of the pupil.
11 (2) "Legal custody" means one of the following:
12 (i) Custody exercised by a natural or adoptive
13 parent with whom the pupil resides.
14 (ii) Custody granted by order of a court of
15 competent jurisdiction to a person with whom the
16 pupil resides for reasons other than to have access
17 to the educational programs of the district.
18 (iii) Custody exercised under a statutory
19 short-term guardianship, provided that within 60
20 days of the pupil's enrollment a court order is
21 entered that establishes a permanent guardianship
22 and grants custody to a person with whom the pupil
23 resides for reasons other than to have access to the
24 educational programs of the district.
25 (iv) Custody exercised by an adult caretaker
26 relative who is receiving aid under the Illinois
27 Public Aid Code for the pupil who resides with that
28 adult caretaker relative for purposes other than to
29 have access to the educational programs of the
30 district.
31 (v) Custody exercised by an adult who
32 demonstrates that, in fact, he or she has assumed
33 and exercises legal responsibility for the pupil and
34 provides the pupil with a regular fixed night-time
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1 abode for purposes other than to have access to the
2 educational programs of the district.
3 (b) Except as otherwise provided under Section 10-22.5a,
4 only resident pupils of a school district may attend the
5 schools of the district without payment of the tuition
6 required to be charged under Section 10-20.12a. However,
7 children for whom the Guardianship Administrator of the
8 Department of Children and Family Services has been appointed
9 temporary custodian or guardian of the person of a child
10 shall not be charged tuition as a nonresident pupil if the
11 child was placed by the Department of Children and Family
12 Services with a foster parent or placed in another type of
13 child care facility and the foster parent or child care
14 facility is located in a school district other than the
15 child's former school district and it is determined by the
16 Department of Children and Family Services to be in the
17 child's best interest to maintain attendance at his or her
18 former school district.
19 (c) The provisions of this subsection do not apply in
20 school districts having a population of 500,000 or more. If a
21 school board in a school district with a population of less
22 than 500,000 determines that a pupil who is attending school
23 in the district on a tuition free basis is a nonresident of
24 the district for whom tuition is required to be charged under
25 Section 10-20.12a, the board shall notify the person who
26 enrolled the pupil of the amount of the tuition charged under
27 Section 10-20.12a that is due to the district for the
28 nonresident pupil's attendance in the district's schools.
29 The notice shall be given by certified mail, return receipt
30 requested. Within 10 days after receipt of the notice, the
31 person who enrolled the pupil may request a hearing to review
32 the determination of the school board. The request shall be
33 sent by certified mail, return receipt requested, to the
34 district superintendent. Within 10 days after receipt of the
35 request, the board shall notify, by certified mail, return
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1 receipt requested, the person requesting the hearing of the
2 time and place of the hearing, which shall be held not less
3 than 10 nor more than 20 days after the notice of hearing is
4 given. The board or a hearing officer designated by the
5 board shall conduct the hearing. The board and the person
6 who enrolled the pupil may be represented at the hearing by
7 representatives of their choice. At the hearing, the person
8 who enrolled the pupil shall have the burden of going forward
9 with the evidence concerning the pupil's residency. If the
10 hearing is conducted by a hearing officer, the hearing
11 officer, within 5 days after the conclusion of the hearing,
12 shall send a written report of his or her findings by
13 certified mail, return receipt requested, to the school board
14 and to the person who enrolled the pupil. The person who
15 enrolled the pupil may, within 5 days after receiving the
16 findings, file written objections to the findings with the
17 school board by sending the objections by certified mail,
18 return receipt requested, addressed to the district
19 superintendent. Whether the hearing is conducted by the
20 school board or a hearing officer, the school board shall,
21 within 15 days after the conclusion of the hearing, decide
22 whether or not the pupil is a resident of the district and
23 the amount of any tuition required to be charged under
24 Section 10-20.12a as a result of the pupil's attendance in
25 the schools of the district. The school board shall send a
26 copy of its decision to the person who enrolled the pupil,
27 and the decision of the school board shall be final.
28 (c-5) The provisions of this subsection apply only in
29 school districts having a population of 500,000 or more. If
30 the board of education of a school district with a population
31 of 500,000 or more determines that a pupil who is attending
32 school in the district on a tuition free basis is a
33 nonresident of the district for whom tuition is required to
34 be charged under Section 10-20.12a, the board shall notify
35 the person who enrolled the pupil of the amount of the
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1 tuition charged under Section 10-20.12a that is due to the
2 district for the nonresident pupil's attendance in the
3 district's schools. The notice shall be given by certified
4 mail, return receipt requested. Within 10 days after receipt
5 of the notice, the person who enrolled the pupil may request
6 a hearing to review the determination of the school board.
7 The request shall be sent by certified mail, return receipt
8 requested, to the district superintendent. Within 30 days
9 after receipt of the request, the board shall notify, by
10 certified mail, return receipt requested, the person
11 requesting the hearing of the time and place of the hearing,
12 which shall be held not less than 10 nor more than 30 days
13 after the notice of hearing is given. The board or a hearing
14 officer designated by the board shall conduct the hearing.
15 The board and the person who enrolled the pupil may each be
16 represented at the hearing by a representative of their
17 choice. At the hearing, the person who enrolled the pupil
18 shall have the burden of going forward with the evidence
19 concerning the pupil's residency. If the hearing is
20 conducted by a hearing officer, the hearing officer, within
21 20 days after the conclusion of the hearing, shall serve a
22 written report of his or her findings by personal service or
23 by certified mail, return receipt requested, to the school
24 board and to the person who enrolled the pupil. The person
25 who enrolled the pupil may, within 10 days after receiving
26 the findings, file written objections to the findings with
27 the board of education by sending the objections by certified
28 mail, return receipt requested, addressed to the general
29 superintendent of schools. If the hearing is conducted by
30 the board of education, the board shall, within 45 days after
31 the conclusion of the hearing, decide whether or not the
32 pupil is a resident of the district and the amount of any
33 tuition required to be charged under Section 10-20.12a as a
34 result of the pupil's attendance in the schools of the
35 district. If the hearing is conducted by a hearing officer,
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1 the board of education shall, within 45 days after the
2 receipt of the hearing officer's findings, decide whether or
3 not the pupil is a resident of the district and the amount of
4 any tuition required to be charged under Section 10-20.12a as
5 a result of the pupil's attendance in the schools of the
6 district. The board of education shall send, by certified
7 mail, return receipt requested, a copy of its decision to the
8 person who enrolled the pupil, and the decision of the board
9 shall be final.
10 (d) If a hearing is requested under subsection (c) or
11 (c-5) to review the determination of the school board or
12 board of education board's determination that a nonresident
13 pupil is attending the schools of the district without
14 payment of the tuition required to be charged under Section
15 10-20.12a, the pupil may, at the request of a person who
16 enrolled the pupil, continue attendance at the schools of the
17 district pending a final decision of the school board
18 following the hearing. However, attendance of that pupil in
19 the schools of the district as authorized by this subsection
20 (d) shall not relieve any person who enrolled the pupil of
21 the obligation to pay the tuition charged for that attendance
22 under Section 10-20.12a if the final decision of the school
23 board is that the pupil is a nonresident of the district. If
24 a pupil is determined to be a nonresident of the district for
25 whom tuition is required to be charged pursuant to this
26 Section, the school board shall refuse to permit the pupil to
27 continue attending the schools of the district unless the
28 required tuition is paid for the pupil.
29 (e) Except for a pupil referred to in subsection (b) of
30 Section 10-22.5a, a pupil referred to in Section 10-20.12a,
31 or a pupil referred to in subsection (b) of this Section, a
32 person who knowingly enrolls or attempts to enroll in the
33 schools of a school district on a tuition free basis a pupil
34 known by that person to be a nonresident of the district
35 shall be guilty of a Class C misdemeanor.
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1 (f) A person who knowingly or wilfully presents to any
2 school district any false information regarding the residency
3 of a pupil for the purpose of enabling that pupil to attend
4 any school in that district without the payment of a
5 nonresident tuition charge shall be guilty of a Class C
6 misdemeanor.
7 (g) The provisions of this Section are subject to the
8 provisions of the Education for Homeless Children Act.
9 Nothing in this Section shall be construed to apply to or
10 require the payment of tuition by a parent or guardian of a
11 "homeless child" (as that term is defined in Section 1-5 of
12 the Education for Homeless Children Act) in connection with
13 or as a result of the homeless child's continued education or
14 enrollment in a school that is chosen in accordance with any
15 of the options provided in Section 1-10 of that Act.
16 (Source: P.A. 89-480, eff. 1-1-97.)
17 (105 ILCS 5/17-2.11b new)
18 Sec. 17-2.11b. Validation. Whenever prior to the
19 effective date of this amendatory Act of 1997, a community
20 unit school district having a 1995-96 enrollment of fewer
21 than 450 and a 1995 equalized assessed valuation of less than
22 $12,000,000 has levied and the county clerk has extended
23 taxes for the purposes described in Section 17-2.11 without
24 the certificates of the regional superintendent of schools
25 and the State Superintendent of Education required by that
26 Section, the tax levies and extensions and the expenditures
27 by the school district of the extended amounts are hereby
28 validated for all purposes to the same extent as if the
29 district had received and filed the necessary certifications
30 prior to the tax levies and extensions and had expended the
31 funds in full compliance with Section 17-2.11.
32 (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
33 Sec. 19-1. Debt limitations of school districts.
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1 (a) School districts shall not be subject to the
2 provisions limiting their indebtedness prescribed in "An Act
3 to limit the indebtedness of counties having a population of
4 less than 500,000 and townships, school districts and other
5 municipal corporations having a population of less than
6 300,000", approved February 15, 1928, as amended.
7 No school districts maintaining grades K through 8 or 9
8 through 12 shall become indebted in any manner or for any
9 purpose to an amount, including existing indebtedness, in the
10 aggregate exceeding 6.9% on the value of the taxable property
11 therein to be ascertained by the last assessment for State
12 and county taxes or, until January 1, 1983, if greater, the
13 sum that is produced by multiplying the school district's
14 1978 equalized assessed valuation by the debt limitation
15 percentage in effect on January 1, 1979, previous to the
16 incurring of such indebtedness.
17 No school districts maintaining grades K through 12 shall
18 become indebted in any manner or for any purpose to an
19 amount, including existing indebtedness, in the aggregate
20 exceeding 13.8% on the value of the taxable property therein
21 to be ascertained by the last assessment for State and county
22 taxes or, until January 1, 1983, if greater, the sum that is
23 produced by multiplying the school district's 1978 equalized
24 assessed valuation by the debt limitation percentage in
25 effect on January 1, 1979, previous to the incurring of such
26 indebtedness.
27 Notwithstanding the provisions of any other law to the
28 contrary, in any case in which the voters of a school
29 district have approved a proposition for the issuance of
30 bonds of such school district at an election held prior to
31 January 1, 1979, and all of the bonds approved at such
32 election have not been issued, the debt limitation applicable
33 to such school district during the calendar year 1979 shall
34 be computed by multiplying the value of taxable property
35 therein, including personal property, as ascertained by the
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1 last assessment for State and county taxes, previous to the
2 incurring of such indebtedness, by the percentage limitation
3 applicable to such school district under the provisions of
4 this subsection (a).
5 (b) Notwithstanding the debt limitation prescribed in
6 subsection (a) of this Section, additional indebtedness may
7 be incurred in an amount not to exceed the estimated cost of
8 acquiring or improving school sites or constructing and
9 equipping additional building facilities under the following
10 conditions:
11 (1) Whenever the enrollment of students for the
12 next school year is estimated by the board of education
13 to increase over the actual present enrollment by not
14 less than 35% or by not less than 200 students or the
15 actual present enrollment of students has increased over
16 the previous school year by not less than 35% or by not
17 less than 200 students and the board of education
18 determines that additional school sites or building
19 facilities are required as a result of such increase in
20 enrollment; and
21 (2) When the Regional Superintendent of Schools
22 having jurisdiction over the school district and the
23 State Superintendent of Education concur in such
24 enrollment projection or increase and approve the need
25 for such additional school sites or building facilities
26 and the estimated cost thereof; and
27 (3) When the voters in the school district approve
28 a proposition for the issuance of bonds for the purpose
29 of acquiring or improving such needed school sites or
30 constructing and equipping such needed additional
31 building facilities at an election called and held for
32 that purpose. Notice of such an election shall state that
33 the amount of indebtedness proposed to be incurred would
34 exceed the debt limitation otherwise applicable to the
35 school district. The ballot for such proposition shall
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1 state what percentage of the equalized assessed valuation
2 will be outstanding in bonds if the proposed issuance of
3 bonds is approved by the voters; or
4 (4) Notwithstanding the provisions of paragraphs
5 (1) through (3) of this subsection (b), if the school
6 board determines that additional facilities are needed to
7 provide a quality educational program and not less than
8 2/3 of those voting in an election called by the school
9 board on the question approve the issuance of bonds for
10 the construction of such facilities, the school district
11 may issue bonds for this purpose.
12 In no event shall the indebtedness incurred pursuant to
13 this subsection (b) and the existing indebtedness of the
14 school district exceed 15% of the value of the taxable
15 property therein to be ascertained by the last assessment for
16 State and county taxes, previous to the incurring of such
17 indebtedness or, until January 1, 1983, if greater, the sum
18 that is produced by multiplying the school district's 1978
19 equalized assessed valuation by the debt limitation
20 percentage in effect on January 1, 1979.
21 The indebtedness provided for by this subsection (b)
22 shall be in addition to and in excess of any other debt
23 limitation.
24 (c) Notwithstanding the debt limitation prescribed in
25 subsection (a) of this Section, in any case in which a public
26 question for the issuance of bonds of a proposed school
27 district maintaining grades kindergarten through 12 received
28 at least 60% of the valid ballots cast on the question at an
29 election held on or prior to November 8, 1994, and in which
30 the bonds approved at such election have not been issued, the
31 school district pursuant to the requirements of Section
32 11A-10 may issue the total amount of bonds approved at such
33 election for the purpose stated in the question.
34 (d) Notwithstanding the debt limitation prescribed in
35 subsection (a) of this Section, a school district that meets
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1 all the criteria set forth in paragraphs (1) and (2) of this
2 subsection (d) may incur an additional indebtedness in an
3 amount not to exceed $4,500,000, even though the amount of
4 the additional indebtedness authorized by this subsection
5 (d), when incurred and added to the aggregate amount of
6 indebtedness of the district existing immediately prior to
7 the district incurring the additional indebtedness authorized
8 by this subsection (d), causes the aggregate indebtedness of
9 the district to exceed the debt limitation otherwise
10 applicable to that district under subsection (a):
11 (1) The additional indebtedness authorized by this
12 subsection (d) is incurred by the school district through
13 the issuance of bonds under and in accordance with
14 Section 17-2.11a for the purpose of replacing a school
15 building which, because of mine subsidence damage, has
16 been closed as provided in paragraph (2) of this
17 subsection (d) or through the issuance of bonds under and
18 in accordance with Section 19-3 for the purpose of
19 increasing the size of, or providing for additional
20 functions in, such replacement school buildings, or both
21 such purposes.
22 (2) The bonds issued by the school district as
23 provided in paragraph (1) above are issued for the
24 purposes of construction by the school district of a new
25 school building pursuant to Section 17-2.11, to replace
26 an existing school building that, because of mine
27 subsidence damage, is closed as of the end of the 1992-93
28 school year pursuant to action of the regional
29 superintendent of schools of the educational service
30 region in which the district is located under Section
31 3-14.22 or are issued for the purpose of increasing the
32 size of, or providing for additional functions in, the
33 new school building being constructed to replace a school
34 building closed as the result of mine subsidence damage,
35 or both such purposes.
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1 (e) Notwithstanding the debt limitation prescribed in
2 subsection (a) of this Section, a school district that meets
3 all the criteria set forth in paragraphs (1) through (5) of
4 this subsection (e) may, without referendum, incur an
5 additional indebtedness in an amount not to exceed the lesser
6 of $5,000,000 or 1.5% of the value of the taxable property
7 within the district even though the amount of the additional
8 indebtedness authorized by this subsection (e), when incurred
9 and added to the aggregate amount of indebtedness of the
10 district existing immediately prior to the district incurring
11 that additional indebtedness, causes the aggregate
12 indebtedness of the district to exceed or increases the
13 amount by which the aggregate indebtedness of the district
14 already exceeds the debt limitation otherwise applicable to
15 that district under subsection (a):
16 (1) The State Board of Education certifies the
17 school district under Section 19-1.5 as a financially
18 distressed district.
19 (2) The additional indebtedness authorized by this
20 subsection (e) is incurred by the financially distressed
21 district during the school year or school years in which
22 the certification of the district as a financially
23 distressed district continues in effect through the
24 issuance of bonds for the lawful school purposes of the
25 district, pursuant to resolution of the school board and
26 without referendum, as provided in paragraph (5) of this
27 subsection.
28 (3) The aggregate amount of bonds issued by the
29 financially distressed district during a fiscal year in
30 which it is authorized to issue bonds under this
31 subsection does not exceed the amount by which the
32 aggregate expenditures of the district for operational
33 purposes during the immediately preceding fiscal year
34 exceeds the amount appropriated for the operational
35 purposes of the district in the annual school budget
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1 adopted by the school board of the district for the
2 fiscal year in which the bonds are issued.
3 (4) Throughout each fiscal year in which
4 certification of the district as a financially distressed
5 district continues in effect, the district maintains in
6 effect a gross salary expense and gross wage expense
7 freeze policy under which the district expenditures for
8 total employee salaries and wages do not exceed such
9 expenditures for the immediately preceding fiscal year.
10 Nothing in this paragraph, however, shall be deemed to
11 impair or to require impairment of the contractual
12 obligations, including collective bargaining agreements,
13 of the district or to impair or require the impairment of
14 the vested rights of any employee of the district under
15 the terms of any contract or agreement in effect on the
16 effective date of this amendatory Act of 1994.
17 (5) Bonds issued by the financially distressed
18 district under this subsection shall bear interest at a
19 rate not to exceed the maximum rate authorized by law at
20 the time of the making of the contract, shall mature
21 within 40 years from their date of issue, and shall be
22 signed by the president of the school board and treasurer
23 of the school district. In order to issue bonds under
24 this subsection, the school board shall adopt a
25 resolution fixing the amount of the bonds, the date of
26 the bonds, the maturities of the bonds, the rates of
27 interest of the bonds, and their place of payment and
28 denomination, and shall provide for the levy and
29 collection of a direct annual tax upon all the taxable
30 property in the district sufficient to pay the principal
31 and interest on the bonds to maturity. Upon the filing
32 in the office of the county clerk of the county in which
33 the financially distressed district is located of a
34 certified copy of the resolution, it is the duty of the
35 county clerk to extend the tax therefor in addition to
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1 and in excess of all other taxes at any time authorized
2 to be levied by the district. If bond proceeds from the
3 sale of bonds include a premium or if the proceeds of the
4 bonds are invested as authorized by law, the school board
5 shall determine by resolution whether the interest earned
6 on the investment of bond proceeds or the premium
7 realized on the sale of the bonds is to be used for any
8 of the lawful school purposes for which the bonds were
9 issued or for the payment of the principal indebtedness
10 and interest on the bonds. The proceeds of the bond sale
11 shall be deposited in the educational purposes fund of
12 the district and shall be used to pay operational
13 expenses of the district. This subsection is cumulative
14 and constitutes complete authority for the issuance of
15 bonds as provided in this subsection, notwithstanding any
16 other law to the contrary.
17 (f) Notwithstanding the provisions of subsection (a) of
18 this Section or of any other law, bonds in not to exceed the
19 aggregate amount of $5,500,000 and issued by a school
20 district meeting the following criteria shall not be
21 considered indebtedness for purposes of any statutory
22 limitation and may be issued in an amount or amounts,
23 including existing indebtedness, in excess of any heretofore
24 or hereafter imposed statutory limitation as to indebtedness:
25 (1) At the time of the sale of such bonds, the
26 board of education of the district shall have determined
27 by resolution that the enrollment of students in the
28 district is projected to increase by not less than 7%
29 during each of the next succeeding 2 school years.
30 (2) The board of education shall also determine by
31 resolution that the improvements to be financed with the
32 proceeds of the bonds are needed because of the projected
33 enrollment increases.
34 (3) The board of education shall also determine by
35 resolution that the projected increases in enrollment are
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1 the result of improvements made or expected to be made to
2 passenger rail facilities located in the school district.
3 (g) Notwithstanding the provisions of subsection (a) of
4 this Section or any other law, bonds in not to exceed an
5 aggregate amount of 25% of the equalized assessed value of
6 the taxable property of a school district and issued by a
7 school district meeting the criteria in paragraphs (i)
8 through (iv) of this subsection shall not be considered
9 indebtedness for purposes of any statutory limitation and may
10 be issued pursuant to resolution of the school board in an
11 amount or amounts, including existing indebtedness, in excess
12 of any statutory limitation of indebtedness heretofore or
13 hereafter imposed:
14 (i) The bonds are issued for the purpose of
15 constructing a new high school building to replace two
16 adjacent existing buildings which together house a single
17 high school, each of which is more than 65 years old, and
18 which together are located on more than 10 acres and less
19 than 11 acres of property.
20 (ii) At the time the resolution authorizing the
21 issuance of the bonds is adopted, the cost of
22 constructing a new school building to replace the
23 existing school building is less than 60% of the cost of
24 repairing the existing school building.
25 (iii) The sale of the bonds occurs before July 1,
26 1997.
27 (iv) The school district issuing the bonds is a
28 unit school district located in a county of less than
29 70,000 and more than 50,000 inhabitants, which has an
30 average daily attendance of less than 1,500 and an
31 equalized assessed valuation of less than $29,000,000.
32 (h) Notwithstanding any other provisions of this Section
33 or the provisions of any other law, until January 1, 1998, a
34 community unit school district maintaining grades K through
35 12 may issue bonds up to an amount, including existing
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1 indebtedness, not exceeding 27.6% of the equalized assessed
2 value of the taxable property in the district, if all of the
3 following conditions are met:
4 (i) The school district has an equalized assessed
5 valuation for calendar year 1995 of less than
6 $24,000,000;
7 (ii) The bonds are issued for the capital
8 improvement, renovation, rehabilitation, or replacement
9 of existing school buildings of the district, all of
10 which buildings were originally constructed not less than
11 40 years ago;
12 (iii) The voters of the district approve a
13 proposition for the issuance of the bonds at a referendum
14 held after March 19, 1996; and
15 (iv) The bonds are issued pursuant to Sections 19-2
16 through 19-7 of this Code.
17 (i) Notwithstanding any other provisions of this Section
18 or the provisions of any other law, until January 1, 1998, a
19 community unit school district maintaining grades K through
20 12 may issue bonds up to an amount, including existing
21 indebtedness, not exceeding 27% of the equalized assessed
22 value of the taxable property in the district, if all of the
23 following conditions are met:
24 (i) The school district has an equalized assessed
25 valuation for calendar year 1995 of less than
26 $44,600,000;
27 (ii) The bonds are issued for the capital
28 improvement, renovation, rehabilitation, or replacement
29 of existing school buildings of the district, all of
30 which existing buildings were originally constructed not
31 less than 80 years ago;
32 (iii) The voters of the district approve a
33 proposition for the issuance of the bonds at a referendum
34 held after December 31, 1996; and
35 (iv) The bonds are issued pursuant to Sections 19-2
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1 through 19-7 of this Code.
2 (j) Notwithstanding any other provisions of this Section
3 or the provisions of any other law, until January 1, 1999, a
4 community unit school district maintaining grades K through
5 12 located in a county of more than 240,000 but less than
6 260,000 inhabitants may issue bonds up to an amount,
7 including existing indebtedness, not exceeding 27% of the
8 equalized assessed value of the taxable property in the
9 district if all of the following conditions are met:
10 (i) The school district has an equalized assessed
11 valuation for calendar year 1995 of less than
12 $137,400,000 and a best 3 months average daily attendance
13 for the 1994-95 school year of at least 2,800, but less
14 than 3,000;
15 (ii) The bonds are issued for the capital
16 improvement, renovation, rehabilitation, or replacement
17 of existing school buildings of the district, all of
18 which existing buildings were originally constructed not
19 less than 80 years ago, or for the construction of new
20 school facilities;
21 (iii) The voters of the district approve a
22 proposition for the issuance of the bonds at a referendum
23 held after December 31, 1996; and
24 (iv) The bonds are issued pursuant to Sections 19-2
25 through 19-7 of this Code.
26 (k) Nothwithstanding any other provisions of this
27 Section or the provisions of any other law, until July 1,
28 1999, an elementary district maintaining grades K through 8
29 located in a county of more than 40,500 but less than 44,000
30 inhabitants may issue bonds up to an amount, including
31 existing indebtedness, not exceeding 13.8% of the equalized
32 assessed value of the taxable property in the district if all
33 of the following conditions are met:
34 (i) The school district has an equalized assessed
35 valuation for calendar year 1995 of less than $10,000,000
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1 and a best 3 months' average daily attendance for the
2 1994-95 school year of at least 275 but less than 300;
3 (ii) The bonds are issued for the capital
4 improvement, renovation, rehabilitation, or replacement
5 of an existing building of the district originally
6 constructed not less than 80 years ago;
7 (iii) The voters of the district approve a
8 proposition for the issuance of the bonds at a referendum
9 held after July 1, 1997; and
10 (iv) The bonds are issued pursuant to Sections 19-2
11 through 19-7 of this Code.
12 (Source: P.A. 88-376; 88-641, eff. 9-9-94; 88-686, eff.
13 1-24-95; 89-47, eff. 7-1-95; 89-661, eff. 1-1-97; 89-698,
14 eff. 1-14-97.)
15 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
16 Sec. 22-23. Sprinkler systems.
17 (a) The provisions of this Section apply to the school
18 board, board of education, board of school directors, board
19 of school inspectors or other governing body of each school
20 district in this State, including special charter districts
21 and districts organized under Article 34.
22 (b) As used in this Section, the term "school
23 construction" means (1) the construction of a new school
24 building, or addition to an existing building, within any
25 period of 30 months, having 7,200 or more square feet the
26 construction of an addition to a school building, and (2) any
27 alteration, as defined in 71 Illinois Administrative Code,
28 Section 400.210, within any period of 30 months, that costs
29 more than 50% of the reproduction cost of the existing
30 building remodeling, renovation or reconstruction project
31 affecting one or more areas of a school building which
32 cumulatively are equal to 50% or more of the square footage
33 of the school building.
34 (c) New areas or uses of buildings not required to be
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1 sprinklered under this Section shall be protected with the
2 installation of an automatic fire detection system.
3 (d)(c) Notwithstanding any other provisions of this Act,
4 no school construction shall be commenced in any school
5 district on or after the effective date of this amendatory
6 Act of 1991 unless sprinkler systems are required by, and are
7 installed in accordance with approved plans and
8 specifications in the school building, addition or project
9 areas which constitute school construction as defined in
10 subsection (b). Plans and specifications shall comply with
11 rules and regulations established by the State Board of
12 Education, and such rules and regulations shall be consistent
13 so far as practicable with nationally recognized standards
14 such as those established by the National Fire Protection
15 Association.
16 (d) Prior to the award of any contract for, or
17 commencement of any school construction, the school board or
18 other governing body of the school district shall submit
19 plans and specifications for installation of sprinkler
20 systems as required by this Section to the appropriate
21 regional superintendent of schools, who shall forward the
22 plans and specifications to the State Board of Education for
23 review and approval.
24 (Source: P.A. 87-652.)
25 (105 ILCS 5/27-20.6 new)
26 Sec. 27-20.6 "Irish Famine" Study. Every public
27 elementary school and high school may include in its
28 curriculum a unit of instruction studying the causes and
29 effects of mass starvation in mid-19th century Ireland. This
30 period in world history is known as the "Irish Famine", in
31 which millions of Irish died or emigrated. The study of this
32 material is a reaffirmation of the commitment of free people
33 of all nations to eradicate the causes of famine that exist
34 in the modern world.
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1 The State Superintendent of Education may prepare and
2 make available to all school boards instructional materials
3 that may be used as guidelines for development of a unit of
4 instruction under this Section; provided, however, that each
5 school board shall itself determine the minimum amount of
6 instruction time that shall qualify as a unit of instruction
7 satisfying the requirements of this Section.
8 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
9 Sec. 34-2.4b. Limitation upon applicability. The
10 provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
11 34-2.4 and 34-8.3, and those provisions of paragraph 1 of
12 Section 34-18 and paragraph (c) of Section 34A-201a relating
13 to the allocation or application -- by formula or otherwise
14 -- of lump sum amounts and other funds to attendance centers,
15 shall not apply to attendance centers which have applied for
16 and been designated as a "Small School" by the Board, the
17 Cook County Juvenile Detention Center and Cook County Jail
18 schools, nor to the district's alternative schools for
19 pregnant girls, nor to alternative schools established under
20 Article 13A, nor to Washburne Trade School, the Industrial
21 Skills Center or Michael R. Durso School, Jackson Adult
22 Center, Hillard Adult Center, or the Alternative Transitional
23 School; and the board of education shall have and exercise
24 with respect to those schools and with respect to the
25 conduct, operation, affairs and budgets of those schools, and
26 with respect to the principals, teachers and other school
27 staff there employed, the same powers which are exercisable
28 by local school councils with respect to the other attendance
29 centers, principals, teachers and school staff within the
30 district, together with all powers and duties generally
31 exercisable by the board of education with respect to all
32 attendance centers within the district. The board of
33 education shall develop appropriate alternative methods for
34 involving parents, community members and school staff to the
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1 maximum extent possible in all of the activities of those
2 schools, and may delegate to the parents, community members
3 and school staff so involved the same powers which are
4 exercisable by local school councils with respect to other
5 attendance centers.
6 (Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96.)
7 (105 ILCS 5/34-4.5 new)
8 Sec. 34-4.5. Chronic truants.
9 (a) Office of Chronic Truant Adjudication. The board
10 shall establish and implement an Office of Chronic Truant
11 Adjudication, which shall be responsible for administratively
12 adjudicating cases of chronic truancy and imposing
13 appropriate sanctions. The board shall appoint or employ
14 hearing officers to perform the adjudicatory functions of
15 that Office. Principals and other appropriate personnel may
16 refer pupils suspected of being chronic truants, as defined
17 in Section 26-2a of this Code, to the Office of Chronic
18 Truant Adjudication.
19 (b) Notices. Before any hearing may be held under
20 subsection (c), the principal of the school attended by the
21 pupil or the principal's designee shall notify the pupil's
22 parent or guardian by personal visit, letter, or telephone of
23 each unexcused absence of the pupil. After giving the parent
24 or guardian notice of the tenth unexcused absence of the
25 pupil, the principal or the principal's designee shall send
26 the pupil's parent or guardian a letter, by certified mail,
27 return receipt requested, notifying the parent or guardian
28 that he or she is subjecting himself or herself to a hearing
29 procedure as provided under subsection (c) and clearly
30 describing any and all possible penalties that may be imposed
31 as provided for in subsections (d) and (e) of this Section.
32 (c) Hearing. Once a pupil has been referred to the
33 Office of Chronic Truant Adjudication, a hearing shall be
34 scheduled before an appointed hearing officer, and the pupil
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1 and the pupil's parents or guardian shall be notified by
2 certified mail, return receipt requested stating the time,
3 place, and purpose of the hearing. The hearing officer shall
4 hold a hearing and render a written decision within 14 days
5 determining whether the pupil is a chronic truant as defined
6 in Section 26-2a of this Code and whether the parent or
7 guardian took reasonable steps to assure the pupil's
8 attendance at school. The hearing shall be private unless a
9 public hearing is requested by the pupil's parent or
10 guardian, and the pupil may be present at the hearing with a
11 representative in addition to the pupil's parent or guardian.
12 The board shall present evidence of the pupil's truancy, and
13 the pupil and the parent or guardian or representative of the
14 pupil may cross examine witnesses, present witnesses and
15 evidence, and present defenses to the charges. All testimony
16 at the hearing shall be taken under oath administered by the
17 hearing officer. The decision of the hearing officer shall
18 constitute an "administrative decision" for purposes of
19 judicial review under the Administrative Review Law.
20 (d) Penalties. The hearing officer may require the
21 pupil or the pupil's parent or guardian or both the pupil and
22 the pupil's parent or guardian to do any or all of the
23 following: perform reasonable school or community services
24 for a period not to exceed 30 days; complete a parenting
25 education program; obtain counseling or other supportive
26 services; and comply with an individualized educational plan
27 or service plan as provided by appropriate school officials.
28 If the parent or guardian of the chronic truant shows that he
29 or she took reasonable steps to insure attendance of the
30 pupil at school, he or she shall not be required to perform
31 services.
32 (e) Non-compliance with sanctions. If a pupil
33 determined by a hearing officer to be a chronic truant or the
34 parent or guardian of the pupil fails to comply with the
35 sanctions ordered by the hearing officer under subsection (c)
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1 of this Section, the Office of Chronic Truant Adjudication
2 may refer the matter to the State's Attorney for prosecution
3 under Section 3-33 of the Juvenile Court Act of 1987.
4 (f) Limitation on applicability. Nothing in this
5 Section shall be construed to apply to a parent or guardian
6 of a pupil not required to attend a public school pursuant to
7 Section 26-1.
8 Section 80. The Illinois School Student Records Act is
9 amended by changing Section 6 as follows:
10 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
11 Sec. 6. (a) No school student records or information
12 contained therein may be released, transferred, disclosed or
13 otherwise disseminated, except as follows:
14 (1) To a parent or student or person specifically
15 designated as a representative by a parent, as provided in
16 paragraph (a) of Section 5;
17 (2) To an employee or official of the school or school
18 district or State Board with current demonstrable educational
19 or administrative interest in the student, in furtherance of
20 such interest;
21 (3) To the official records custodian of another school
22 within Illinois or an official with similar responsibilities
23 of a school outside Illinois, in which the student has
24 enrolled, or intends to enroll, upon the request of such
25 official or student;
26 (4) To any person for the purpose of research,
27 statistical reporting or planning, provided that no student
28 or parent can be identified from the information released and
29 the person to whom the information is released signs an
30 affidavit agreeing to comply with all applicable statutes and
31 rules pertaining to school student records;
32 (5) Pursuant to a court order, provided that the parent
33 shall be given prompt written notice upon receipt of such
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1 order of the terms of the order, the nature and substance of
2 the information proposed to be released in compliance with
3 such order and an opportunity to inspect and copy the school
4 student records and to challenge their contents pursuant to
5 Section 7;
6 (6) To any person as specifically required by State or
7 federal law;
8 (7) Subject to regulations of the State Board, in
9 connection with an emergency, to appropriate persons if the
10 knowledge of such information is necessary to protect the
11 health or safety of the student or other persons; or
12 (8) To any person, with the prior specific dated written
13 consent of the parent designating the person to whom the
14 records may be released, provided that at the time any such
15 consent is requested or obtained, the parent shall be advised
16 in writing that he has the right to inspect and copy such
17 records in accordance with Section 5, to challenge their
18 contents in accordance with Section 7 and to limit any such
19 consent to designated records or designated portions of the
20 information contained therein; or
21 (9) To a governmental agency, or social service agency
22 contracted by a governmental agency, in furtherance of an
23 investigation of a student's school attendance pursuant to
24 the compulsory student attendance laws of this State,
25 provided that the records are released to the employee or
26 agent designated by the agency.
27 (b) No information may be released pursuant to
28 subparagraphs (3) or (6) of paragraph (a) of this Section 6
29 unless the parent receives prior written notice of the nature
30 and substance of the information proposed to be released, and
31 an opportunity to inspect and copy such records in accordance
32 with Section 5 and to challenge their contents in accordance
33 with Section 7. Provided, however, that such notice shall be
34 sufficient if published in a local newspaper of general
35 circulation or other publication directed generally to the
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1 parents involved where the proposed release of information is
2 pursuant to subparagraph 6 of paragraph (a) in this Section 6
3 and relates to more than 25 students.
4 (c) A record of any release of information pursuant to
5 this Section must be made and kept as a part of the school
6 student record and subject to the access granted by Section
7 5. Such record of release shall be maintained for the life of
8 the school student records and shall be available only to the
9 parent and the official records custodian. Each record of
10 release shall also include:
11 (1) The nature and substance of the information
12 released;
13 (2) The name and signature of the official records
14 custodian releasing such information;
15 (3) The name of the person requesting such information,
16 the capacity in which such a request has been made, and the
17 purpose of such request;
18 (4) The date of the release; and
19 (5) A copy of any consent to such release.
20 (d) Except for the student and his parents, no person to
21 whom information is released pursuant to this Section and no
22 person specifically designated as a representative by a
23 parent may permit any other person to have access to such
24 information without a prior consent of the parent obtained in
25 accordance with the requirements of subparagraph (8) of
26 paragraph (a) of this Section.
27 (e) Nothing contained in this Act shall prohibit the
28 publication of student directories which list student names,
29 addresses and other identifying information and similar
30 publications which comply with regulations issued by the
31 State Board.
32 (Source: P.A. 86-1028.)
33 Section 85. The Critical Health Problems and
34 Comprehensive Health Education Act is amended by changing
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1 Section 3 as follows:
2 (105 ILCS 110/3) (from Ch. 122, par. 863)
3 Sec. 3. Comprehensive Health Education Program. The
4 program established under this Act shall include, but not be
5 limited to, the following major educational areas as a basis
6 for curricula in all elementary and secondary schools in this
7 State: human ecology and health, human growth and
8 development, the emotional, psychological, physiological,
9 hygienic and social responsibilities of family life,
10 including sexual abstinence until marriage, prevention and
11 control of disease, including instruction in grades 6 through
12 12 on the prevention, transmission and spread of AIDS, public
13 and environmental health, consumer health, safety education
14 and disaster survival, mental health and illness, personal
15 health habits, alcohol, drug use, and abuse including the
16 medical and legal ramifications of alcohol, drug, and tobacco
17 use, abuse during pregnancy, sexual abstinence until
18 marriage, tobacco, nutrition, and dental health.
19 Notwithstanding the above educational areas, the following
20 areas may also be included as a basis for curricula in all
21 elementary and secondary schools in this State: basic first
22 aid (including, but not limited to, cardiopulmonary
23 resuscitation and the Heimlich maneuver), early prevention
24 and detection of cancer, heart disease, diabetes, stroke, and
25 the prevention of child abuse, neglect, and suicide. The
26 school board of each public elementary and secondary school
27 in the State is encouraged to have in its employ, or on its
28 volunteer staff, at least one person who is certified, by the
29 American Red Cross or by another qualified certifying agency,
30 as qualified to administer first aid and cardiopulmonary
31 resuscitation. In addition, each school board is authorized
32 to allocate appropriate portions of its institute or
33 inservice days to conduct training programs for teachers and
34 other school personnel who have expressed an interest in
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1 becoming qualified to administer emergency first aid or
2 cardiopulmonary resuscitation. School boards are urged to
3 encourage their teachers and other school personnel who coach
4 school athletic programs and other extra curricular school
5 activities to acquire, develop, and maintain the knowledge
6 and skills necessary to properly administer first aid and
7 cardiopulmonary resuscitation in accordance with standards
8 and requirements established by the American Red Cross or
9 another qualified certifying agency. However, No pupil shall
10 be required to take or participate in any class or course on
11 AIDS or family life instruction if his parent or guardian
12 submits written objection thereto, and refusal to take or
13 participate in the course or program shall not be reason for
14 suspension or expulsion of the pupil.
15 Curricula developed under programs established in
16 accordance with this Act in the major educational area of
17 alcohol and drug use and abuse shall include classroom
18 instruction in grades 5 through 12. The instruction, which
19 shall include matters relating to both the physical and legal
20 effects and ramifications of drug and substance abuse, shall
21 be integrated into existing curricula; and the State Board of
22 Education shall develop and make available to all elementary
23 and secondary schools in this State instructional materials
24 and guidelines which will assist the schools in incorporating
25 the instruction into their existing curricula. In addition,
26 school districts may offer, as part of existing curricula
27 during the school day or as part of an after school program,
28 support services and instruction for pupils or pupils whose
29 parent, parents, or guardians are chemically dependent. 76f
30 (Source: P.A. 86-878; 86-941; 86-1028; 87-584; 87-1095.)
31 Section 99. Effective date. This Act takes effect July
32 1, 1997.".
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1 Submitted on , 1997.
2 ______________________________ _____________________________
3 Senator Cronin Representative Gash
4 ______________________________ _____________________________
5 Senator O'Malley Representative Phelps
6 ______________________________ _____________________________
7 Senator Karpiel Representative Hannig
8 ______________________________ _____________________________
9 Senator Berman Representative Churchill
10 ______________________________ _____________________________
11 Senator Demuzio Representative Cowlishaw
12 Committee for the Senate Committee for the House