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92_HB3711
LRB9211208NTcd
1 AN ACT regarding schools.
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
5 Sections 10-19 and 34-18 as follows:
6 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
7 Sec. 10-19. Length of school term; experimental
8 programs.
9 (a) Each school board shall annually prepare a calendar
10 for the school term, specifying the opening and closing dates
11 and providing a minimum term of at least 185 days to insure
12 176 days of actual pupil attendance, computable under Section
13 18-8.05, except that for the 1980-1981 school year only 175
14 days of actual pupil attendance shall be required because of
15 the closing of schools pursuant to Section 24-2 on January
16 29, 1981 upon the appointment by the President of that day as
17 a day of thanksgiving for the freedom of the Americans who
18 had been held hostage in Iran. Any days allowed by law for
19 teachers' institute but not used as such or used as parental
20 institutes as provided in Section 10-22.18d shall increase
21 the minimum term by the school days not so used. Except as
22 provided in Section 10-19.1, the board may not extend the
23 school term beyond such closing date unless that extension of
24 term is necessary to provide the minimum number of computable
25 days or to comply with subsection (d) of this Section. In
26 case of such necessary extension school employees shall be
27 paid for such additional time on the basis of their regular
28 contracts. A school board may specify a closing date earlier
29 than that set on the annual calendar when the schools of the
30 district have provided the minimum number of computable days
31 under this Section and, if applicable, have complied with
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1 subsection (d) of this Section. Nothing in this Section
2 prevents the board from employing superintendents of schools,
3 principals and other nonteaching personnel for a period of 12
4 months, or in the case of superintendents for a period in
5 accordance with Section 10-23.8, or prevents the board from
6 employing other personnel before or after the regular school
7 term with payment of salary proportionate to that received
8 for comparable work during the school term.
9 (b) A school board may make such changes in its calendar
10 for the school term as may be required by any changes in the
11 legal school holidays prescribed in Section 24-2.
12 (c) A school board may make changes in its calendar for
13 the school term as may be necessary to reflect the
14 utilization of teachers' institute days as parental institute
15 days as provided in Section 10-22.18d.
16 (d) If the schools of a district are closed for more
17 than 15 school days because employees are on strike, then the
18 school board must change its calendar for the school term to
19 include an additional school day for each school day in which
20 the schools were closed because of the strike.
21 (e) With the prior approval of the State Board of
22 Education and subject to review by the State Board of
23 Education every 3 years, any school board may, by resolution
24 of its board and in agreement with affected exclusive
25 collective bargaining agents, establish experimental
26 educational programs, including but not limited to programs
27 for self-directed learning or outside of formal class
28 periods, which programs when so approved shall be considered
29 to comply with the requirements of this Section as respects
30 numbers of days of actual pupil attendance and with the other
31 requirements of this Act as respects courses of instruction.
32 (Source: P.A. 91-96, eff. 7-9-99.)
33 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
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1 Sec. 34-18. Powers of the board. The board shall
2 exercise general supervision and jurisdiction over the public
3 education and the public school system of the city, and,
4 except as otherwise provided by this Article, shall have
5 power:
6 1. To make suitable provision for the establishment
7 and maintenance throughout the year or for such portion
8 thereof as it may direct, not less than 9 months, of
9 schools of all grades and kinds, including normal
10 schools, high schools, night schools, schools for
11 defectives and delinquents, parental and truant schools,
12 schools for the blind, the deaf and the crippled, schools
13 or classes in manual training, constructural and
14 vocational teaching, domestic arts and physical culture,
15 vocation and extension schools and lecture courses, and
16 all other educational courses and facilities, including
17 establishing, equipping, maintaining and operating
18 playgrounds and recreational programs, when such programs
19 are conducted in, adjacent to, or connected with any
20 public school under the general supervision and
21 jurisdiction of the board; provided, however, that in
22 allocating funds from year to year for the operation of
23 all attendance centers within the district, the board
24 shall ensure that supplemental general State aid funds
25 are allocated and applied in accordance with Section 18-8
26 or 18-8.05 and provided that if the schools of the
27 district are closed for more than 15 school days because
28 employees are on strike, then the board must change its
29 calendar for the school term to include an additional
30 school day for each school day in which the schools were
31 closed because of the strike. To admit to such schools
32 without charge foreign exchange students who are
33 participants in an organized exchange student program
34 which is authorized by the board. The board shall permit
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1 all students to enroll in apprenticeship programs in
2 trade schools operated by the board, whether those
3 programs are union-sponsored or not. No student shall
4 be refused admission into or be excluded from any course
5 of instruction offered in the common schools by reason of
6 that student's sex. No student shall be denied equal
7 access to physical education and interscholastic athletic
8 programs supported from school district funds or denied
9 participation in comparable physical education and
10 athletic programs solely by reason of the student's sex.
11 Equal access to programs supported from school district
12 funds and comparable programs will be defined in rules
13 promulgated by the State Board of Education in
14 consultation with the Illinois High School Association.
15 Notwithstanding any other provision of this Article,
16 neither the board of education nor any local school
17 council or other school official shall recommend that
18 children with disabilities be placed into regular
19 education classrooms unless those children with
20 disabilities are provided with supplementary services to
21 assist them so that they benefit from the regular
22 classroom instruction and are included on the teacher's
23 regular education class register;
24 2. To furnish lunches to pupils, to make a
25 reasonable charge therefor, and to use school funds for
26 the payment of such expenses as the board may determine
27 are necessary in conducting the school lunch program;
28 3. To co-operate with the circuit court;
29 4. To make arrangements with the public or
30 quasi-public libraries and museums for the use of their
31 facilities by teachers and pupils of the public schools;
32 5. To employ dentists and prescribe their duties
33 for the purpose of treating the pupils in the schools,
34 but accepting such treatment shall be optional with
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1 parents or guardians;
2 6. To grant the use of assembly halls and
3 classrooms when not otherwise needed, including light,
4 heat, and attendants, for free public lectures, concerts,
5 and other educational and social interests, free of
6 charge, under such provisions and control as the
7 principal of the affected attendance center may
8 prescribe;
9 7. To apportion the pupils to the several schools;
10 provided that no pupil shall be excluded from or
11 segregated in any such school on account of his color,
12 race, sex, or nationality. The board shall take into
13 consideration the prevention of segregation and the
14 elimination of separation of children in public schools
15 because of color, race, sex, or nationality. Except that
16 children may be committed to or attend parental and
17 social adjustment schools established and maintained
18 either for boys or girls only. All records pertaining to
19 the creation, alteration or revision of attendance areas
20 shall be open to the public. Nothing herein shall limit
21 the board's authority to establish multi-area attendance
22 centers or other student assignment systems for
23 desegregation purposes or otherwise, and to apportion the
24 pupils to the several schools. Furthermore, beginning in
25 school year 1994-95, pursuant to a board plan adopted by
26 October 1, 1993, the board shall offer, commencing on a
27 phased-in basis, the opportunity for families within the
28 school district to apply for enrollment of their children
29 in any attendance center within the school district which
30 does not have selective admission requirements approved
31 by the board. The appropriate geographical area in which
32 such open enrollment may be exercised shall be determined
33 by the board of education. Such children may be admitted
34 to any such attendance center on a space available basis
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1 after all children residing within such attendance
2 center's area have been accommodated. If the number of
3 applicants from outside the attendance area exceed the
4 space available, then successful applicants shall be
5 selected by lottery. The board of education's open
6 enrollment plan must include provisions that allow low
7 income students to have access to transportation needed
8 to exercise school choice. Open enrollment shall be in
9 compliance with the provisions of the Consent Decree and
10 Desegregation Plan cited in Section 34-1.01;
11 8. To approve programs and policies for providing
12 transportation services to students. Nothing herein shall
13 be construed to permit or empower the State Board of
14 Education to order, mandate, or require busing or other
15 transportation of pupils for the purpose of achieving
16 racial balance in any school;
17 9. Subject to the limitations in this Article, to
18 establish and approve system-wide curriculum objectives
19 and standards, including graduation standards, which
20 reflect the multi-cultural diversity in the city and are
21 consistent with State law, provided that for all purposes
22 of this Article courses or proficiency in American Sign
23 Language shall be deemed to constitute courses or
24 proficiency in a foreign language; and to employ
25 principals and teachers, appointed as provided in this
26 Article, and fix their compensation. The board shall
27 prepare such reports related to minimal competency
28 testing as may be requested by the State Board of
29 Education, and in addition shall monitor and approve
30 special education and bilingual education programs and
31 policies within the district to assure that appropriate
32 services are provided in accordance with applicable State
33 and federal laws to children requiring services and
34 education in those areas;
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1 10. To employ non-teaching personnel or utilize
2 volunteer personnel for: (i) non-teaching duties not
3 requiring instructional judgment or evaluation of pupils,
4 including library duties; and (ii) supervising study
5 halls, long distance teaching reception areas used
6 incident to instructional programs transmitted by
7 electronic media such as computers, video, and audio,
8 detention and discipline areas, and school-sponsored
9 extracurricular activities. The board may further utilize
10 volunteer non-certificated personnel or employ
11 non-certificated personnel to assist in the instruction
12 of pupils under the immediate supervision of a teacher
13 holding a valid certificate, directly engaged in teaching
14 subject matter or conducting activities; provided that
15 the teacher shall be continuously aware of the
16 non-certificated persons' activities and shall be able to
17 control or modify them. The general superintendent shall
18 determine qualifications of such personnel and shall
19 prescribe rules for determining the duties and activities
20 to be assigned to such personnel;
21 11. To provide television studio facilities in not
22 to exceed one school building and to provide programs for
23 educational purposes, provided, however, that the board
24 shall not construct, acquire, operate, or maintain a
25 television transmitter; to grant the use of its studio
26 facilities to a licensed television station located in
27 the school district; and to maintain and operate not to
28 exceed one school radio transmitting station and provide
29 programs for educational purposes;
30 12. To offer, if deemed appropriate, outdoor
31 education courses, including field trips within the State
32 of Illinois, or adjacent states, and to use school
33 educational funds for the expense of the said outdoor
34 educational programs, whether within the school district
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1 or not;
2 13. During that period of the calendar year not
3 embraced within the regular school term, to provide and
4 conduct courses in subject matters normally embraced in
5 the program of the schools during the regular school term
6 and to give regular school credit for satisfactory
7 completion by the student of such courses as may be
8 approved for credit by the State Board of Education;
9 14. To insure against any loss or liability of the
10 board, the former School Board Nominating Commission,
11 Local School Councils, the Chicago Schools Academic
12 Accountability Council, or the former Subdistrict
13 Councils or of any member, officer, agent or employee
14 thereof, resulting from alleged violations of civil
15 rights arising from incidents occurring on or after
16 September 5, 1967 or from the wrongful or negligent act
17 or omission of any such person whether occurring within
18 or without the school premises, provided the officer,
19 agent or employee was, at the time of the alleged
20 violation of civil rights or wrongful act or omission,
21 acting within the scope of his employment or under
22 direction of the board, the former School Board
23 Nominating Commission, the Chicago Schools Academic
24 Accountability Council, Local School Councils, or the
25 former Subdistrict Councils; and to provide for or
26 participate in insurance plans for its officers and
27 employees, including but not limited to retirement
28 annuities, medical, surgical and hospitalization benefits
29 in such types and amounts as may be determined by the
30 board; provided, however, that the board shall contract
31 for such insurance only with an insurance company
32 authorized to do business in this State. Such insurance
33 may include provision for employees who rely on treatment
34 by prayer or spiritual means alone for healing, in
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1 accordance with the tenets and practice of a recognized
2 religious denomination;
3 15. To contract with the corporate authorities of
4 any municipality or the county board of any county, as
5 the case may be, to provide for the regulation of traffic
6 in parking areas of property used for school purposes, in
7 such manner as is provided by Section 11-209 of The
8 Illinois Vehicle Code, approved September 29, 1969, as
9 amended;
10 16. To provide, on an equal basis, access to the
11 school campus to the official recruiting representatives
12 of the armed forces of Illinois and the United States for
13 the purposes of informing students of the educational and
14 career opportunities available in the military if the
15 board has provided such access to persons or groups whose
16 purpose is to acquaint students with educational or
17 occupational opportunities available to them. The board
18 is not required to give greater notice regarding the
19 right of access to recruiting representatives than is
20 given to other persons and groups;
21 17. (a) To sell or market any computer program
22 developed by an employee of the school district, provided
23 that such employee developed the computer program as a
24 direct result of his or her duties with the school
25 district or through the utilization of the school
26 district resources or facilities. The employee who
27 developed the computer program shall be entitled to share
28 in the proceeds of such sale or marketing of the computer
29 program. The distribution of such proceeds between the
30 employee and the school district shall be as agreed upon
31 by the employee and the school district, except that
32 neither the employee nor the school district may receive
33 more than 90% of such proceeds. The negotiation for an
34 employee who is represented by an exclusive bargaining
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1 representative may be conducted by such bargaining
2 representative at the employee's request.
3 (b) For the purpose of this paragraph 17:
4 (1) "Computer" means an internally programmed,
5 general purpose digital device capable of
6 automatically accepting data, processing data and
7 supplying the results of the operation.
8 (2) "Computer program" means a series of coded
9 instructions or statements in a form acceptable to a
10 computer, which causes the computer to process data
11 in order to achieve a certain result.
12 (3) "Proceeds" means profits derived from
13 marketing or sale of a product after deducting the
14 expenses of developing and marketing such product;
15 18. To delegate to the general superintendent of
16 schools, by resolution, the authority to approve
17 contracts and expenditures in amounts of $10,000 or less;
18 19. Upon the written request of an employee, to
19 withhold from the compensation of that employee any dues,
20 payments or contributions payable by such employee to any
21 labor organization as defined in the Illinois Educational
22 Labor Relations Act. Under such arrangement, an amount
23 shall be withheld from each regular payroll period which
24 is equal to the pro rata share of the annual dues plus
25 any payments or contributions, and the board shall
26 transmit such withholdings to the specified labor
27 organization within 10 working days from the time of the
28 withholding;
29 19a. Upon receipt of notice from the comptroller of
30 a municipality with a population of 500,000 or more, a
31 county with a population of 3,000,000 or more, the Cook
32 County Forest Preserve District, the Chicago Park
33 District, the Metropolitan Water Reclamation District,
34 the Chicago Transit Authority, or a housing authority of
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1 a municipality with a population of 500,000 or more that
2 a debt is due and owing the municipality, the county, the
3 Cook County Forest Preserve District, the Chicago Park
4 District, the Metropolitan Water Reclamation District,
5 the Chicago Transit Authority, or the housing authority
6 by an employee of the Chicago Board of Education, to
7 withhold, from the compensation of that employee, the
8 amount of the debt that is due and owing and pay the
9 amount withheld to the municipality, the county, the Cook
10 County Forest Preserve District, the Chicago Park
11 District, the Metropolitan Water Reclamation District,
12 the Chicago Transit Authority, or the housing authority;
13 provided, however, that the amount deducted from any one
14 salary or wage payment shall not exceed 25% of the net
15 amount of the payment. Before the Board deducts any
16 amount from any salary or wage of an employee under this
17 paragraph, the municipality, the county, the Cook County
18 Forest Preserve District, the Chicago Park District, the
19 Metropolitan Water Reclamation District, the Chicago
20 Transit Authority, or the housing authority shall certify
21 that (i) the employee has been afforded an opportunity
22 for a hearing to dispute the debt that is due and owing
23 the municipality, the county, the Cook County Forest
24 Preserve District, the Chicago Park District, the
25 Metropolitan Water Reclamation District, the Chicago
26 Transit Authority, or the housing authority and (ii) the
27 employee has received notice of a wage deduction order
28 and has been afforded an opportunity for a hearing to
29 object to the order. For purposes of this paragraph,
30 "net amount" means that part of the salary or wage
31 payment remaining after the deduction of any amounts
32 required by law to be deducted and "debt due and owing"
33 means (i) a specified sum of money owed to the
34 municipality, the county, the Cook County Forest Preserve
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1 District, the Chicago Park District, the Metropolitan
2 Water Reclamation District, the Chicago Transit
3 Authority, or the housing authority for services, work,
4 or goods, after the period granted for payment has
5 expired, or (ii) a specified sum of money owed to the
6 municipality, the county, the Cook County Forest Preserve
7 District, the Chicago Park District, the Metropolitan
8 Water Reclamation District, the Chicago Transit
9 Authority, or the housing authority pursuant to a court
10 order or order of an administrative hearing officer after
11 the exhaustion of, or the failure to exhaust, judicial
12 review;
13 20. The board is encouraged to employ a sufficient
14 number of certified school counselors to maintain a
15 student/counselor ratio of 250 to 1 by July 1, 1990.
16 Each counselor shall spend at least 75% of his work time
17 in direct contact with students and shall maintain a
18 record of such time;
19 21. To make available to students vocational and
20 career counseling and to establish 5 special career
21 counseling days for students and parents. On these days
22 representatives of local businesses and industries shall
23 be invited to the school campus and shall inform students
24 of career opportunities available to them in the various
25 businesses and industries. Special consideration shall
26 be given to counseling minority students as to career
27 opportunities available to them in various fields. For
28 the purposes of this paragraph, minority student means a
29 person who is:
30 (a) Black (a person having origins in any of
31 the black racial groups in Africa);
32 (b) Hispanic (a person of Spanish or
33 Portuguese culture with origins in Mexico, South or
34 Central America, or the Caribbean islands,
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1 regardless of race);
2 (c) Asian American (a person having origins in
3 any of the original peoples of the Far East,
4 Southeast Asia, the Indian Subcontinent or the
5 Pacific Islands); or
6 (d) American Indian or Alaskan Native (a
7 person having origins in any of the original peoples
8 of North America).
9 Counseling days shall not be in lieu of regular
10 school days;
11 22. To report to the State Board of Education the
12 annual student dropout rate and number of students who
13 graduate from, transfer from or otherwise leave bilingual
14 programs;
15 23. Except as otherwise provided in the Abused and
16 Neglected Child Reporting Act or other applicable State
17 or federal law, to permit school officials to withhold,
18 from any person, information on the whereabouts of any
19 child removed from school premises when the child has
20 been taken into protective custody as a victim of
21 suspected child abuse. School officials shall direct
22 such person to the Department of Children and Family
23 Services, or to the local law enforcement agency if
24 appropriate;
25 24. To develop a policy, based on the current state
26 of existing school facilities, projected enrollment and
27 efficient utilization of available resources, for capital
28 improvement of schools and school buildings within the
29 district, addressing in that policy both the relative
30 priority for major repairs, renovations and additions to
31 school facilities, and the advisability or necessity of
32 building new school facilities or closing existing
33 schools to meet current or projected demographic patterns
34 within the district;
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1 25. To make available to the students in every high
2 school attendance center the ability to take all courses
3 necessary to comply with the Board of Higher Education's
4 college entrance criteria effective in 1993;
5 26. To encourage mid-career changes into the
6 teaching profession, whereby qualified professionals
7 become certified teachers, by allowing credit for
8 professional employment in related fields when
9 determining point of entry on teacher pay scale;
10 27. To provide or contract out training programs
11 for administrative personnel and principals with revised
12 or expanded duties pursuant to this Act in order to
13 assure they have the knowledge and skills to perform
14 their duties;
15 28. To establish a fund for the prioritized special
16 needs programs, and to allocate such funds and other lump
17 sum amounts to each attendance center in a manner
18 consistent with the provisions of part 4 of Section
19 34-2.3. Nothing in this paragraph shall be construed to
20 require any additional appropriations of State funds for
21 this purpose;
22 29. (Blank);
23 30. Notwithstanding any other provision of this Act
24 or any other law to the contrary, to contract with third
25 parties for services otherwise performed by employees,
26 including those in a bargaining unit, and to layoff those
27 employees upon 14 days written notice to the affected
28 employees. Those contracts may be for a period not to
29 exceed 5 years and may be awarded on a system-wide basis;
30 31. To promulgate rules establishing procedures
31 governing the layoff or reduction in force of employees
32 and the recall of such employees, including, but not
33 limited to, criteria for such layoffs, reductions in
34 force or recall rights of such employees and the weight
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1 to be given to any particular criterion. Such criteria
2 shall take into account factors including, but not be
3 limited to, qualifications, certifications, experience,
4 performance ratings or evaluations, and any other factors
5 relating to an employee's job performance; and
6 32. To develop a policy to prevent nepotism in the
7 hiring of personnel or the selection of contractors.
8 The specifications of the powers herein granted are not
9 to be construed as exclusive but the board shall also
10 exercise all other powers that they may be requisite or
11 proper for the maintenance and the development of a public
12 school system, not inconsistent with the other provisions of
13 this Article or provisions of this Code which apply to all
14 school districts.
15 In addition to the powers herein granted and authorized
16 to be exercised by the board, it shall be the duty of the
17 board to review or to direct independent reviews of special
18 education expenditures and services. The board shall file a
19 report of such review with the General Assembly on or before
20 May 1, 1990.
21 (Source: P.A. 92-109, eff. 7-20-01.)
22 Section 90. The State Mandates Act is amended by adding
23 Section 8.26 as follows:
24 (30 ILCS 805/8.26 new)
25 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6
26 and 8 of this Act, no reimbursement by the State is required
27 for the implementation of any mandate created by this
28 amendatory Act of the 92nd General Assembly.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.