State of Illinois
92nd General Assembly
Legislation

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92_HB6038eng

 
HB6038 Engrossed                               LRB9215601NTdv

 1        AN ACT relating to 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    Section 10-22.34 and 34-18 as follows:

 6        (105 ILCS 5/10-22.34) (from Ch. 122, par. 10-22.34)
 7        Sec. 10-22.34. Non-certificated personnel.
 8        (a)  School Boards may employ non-teaching  personnel  or
 9    utilize volunteer personnel for:  (1) non-teaching duties not
10    requiring instructional judgment or evaluation of pupils; and
11    (2) supervising study halls, long distance teaching reception
12    areas  used incident to instructional programs transmitted by
13    electronic media such as computers,  video,  and  audio,  and
14    detention   and   discipline   areas,   and  school-sponsored
15    extracurricular activities.
16        (b)  School  boards   may   further   utilize   volunteer
17    non-certificated   personnel   or   employ   non-certificated
18    personnel  to  assist  in the instruction of pupils under the
19    immediate  supervision  of  a  teacher,   holding   a   valid
20    certificate,  directly  engaged in teaching subject matter or
21    conducting activities.  The  teacher  shall  be  continuously
22    aware  of  the non-certificated persons' activities and shall
23    be able to  control  or  modify  them.  The  State  Board  of
24    Education,   in   consultation   with   the   State   Teacher
25    Certification  Board,  shall determine qualifications of such
26    personnel and  shall  prescribe  rules  for  determining  the
27    duties  and  activities  to be assigned to such personnel. In
28    the determination of qualifications of  such  personnel,  the
29    State  Board of Education shall accept coursework earned in a
30    recognized institution  or  from  an  institution  of  higher
31    learning accredited by the North Central Association or other
 
HB6038 Engrossed            -2-                LRB9215601NTdv
 1    comparable regional accrediting association.
 2        (b-5) A school board may utilize volunteer personnel from
 3    a  regional School Crisis Assistance Team (S.C.A.T.), created
 4    as part of the Safe to Learn Program established pursuant  to
 5    Section  25  of the Illinois Violence Prevention Act of 1995,
 6    to provide assistance to schools  in  times  of  violence  or
 7    other  traumatic  incidents  within  a  school  community  by
 8    providing  crisis intervention services to lessen the effects
 9    of emotional trauma on individuals  and  the  community.  The
10    School   Crisis  Assistance  Team  Steering  Committee  shall
11    determine the qualifications for volunteers.
12        (c)  School boards may also  employ  students  holding  a
13    bachelor's  degree  from  a  recognized institution of higher
14    learning as teaching interns when such students are  enrolled
15    in  a  college  or  university  internship program, which has
16    prior  approval  by  the  State  Board   of   Education,   in
17    consultation  with  the  State  Teacher  Certification Board,
18    leading to a masters degree.
19        Regional offices  of  education  have  the  authority  to
20    initiate and collaborate with institutions of higher learning
21    to   establish   internship   programs   referenced  in  this
22    subsection (c).  The State Board of  Education  has  90  days
23    from receiving a written proposal to establish the internship
24    program  to  seek  the  State  Teacher  Certification Board's
25    consultation on the internship program.  If the  State  Board
26    of Education does not consult the State Teacher Certification
27    Board  within  90  days, the regional office of education may
28    seek the State  Teacher  Certification  Board's  consultation
29    without the State Board of Education's approval.
30        (d)  Nothing  in  this  Section  shall  require  constant
31    supervision  of  a  student  teacher  enrolled  in  a student
32    teaching course at a college  or  university,  provided  such
33    activity  has the prior approval of the representative of the
34    higher  education  institution  and   teaching   plans   have
 
HB6038 Engrossed            -3-                LRB9215601NTdv
 1    previously   been   discussed   with   and  approved  by  the
 2    supervising teacher and further provided that  such  teaching
 3    is  within  guidelines  established  by  the  State  Board of
 4    Education   in   consultation   with   the   State    Teacher
 5    Certification Board.
 6    (Source: P.A. 92-200, eff. 1-1-02.)

 7        (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
 8        Sec.  34-18.   Powers  of  the  board.   The  board shall
 9    exercise general supervision and jurisdiction over the public
10    education and the public school  system  of  the  city,  and,
11    except  as  otherwise  provided  by  this Article, shall have
12    power:
13             1.  To make suitable provision for the establishment
14        and maintenance throughout the year or for  such  portion
15        thereof  as  it  may  direct,  not less than 9 months, of
16        schools  of  all  grades  and  kinds,  including   normal
17        schools,   high   schools,  night  schools,  schools  for
18        defectives and delinquents, parental and truant  schools,
19        schools for the blind, the deaf and the crippled, schools
20        or   classes   in   manual  training,  constructural  and
21        vocational teaching, domestic arts and physical  culture,
22        vocation  and  extension schools and lecture courses, and
23        all other educational courses and  facilities,  including
24        establishing,   equipping,   maintaining   and  operating
25        playgrounds and recreational programs, when such programs
26        are conducted in, adjacent  to,  or  connected  with  any
27        public   school   under   the   general  supervision  and
28        jurisdiction of the board;  provided,  however,  that  in
29        allocating  funds  from year to year for the operation of
30        all attendance centers within  the  district,  the  board
31        shall  ensure  that  supplemental general State aid funds
32        are allocated and applied in accordance with Section 18-8
33        or 18-8.05. To  admit  to  such  schools  without  charge
 
HB6038 Engrossed            -4-                LRB9215601NTdv
 1        foreign  exchange  students  who  are  participants in an
 2        organized exchange student program which is authorized by
 3        the board. The board shall permit all students to  enroll
 4        in  apprenticeship  programs in trade schools operated by
 5        the board, whether those programs  are union-sponsored or
 6        not.  No student shall be refused admission  into  or  be
 7        excluded  from  any  course of instruction offered in the
 8        common schools by  reason  of  that  student's  sex.   No
 9        student   shall   be  denied  equal  access  to  physical
10        education and interscholastic athletic programs supported
11        from school district funds  or  denied  participation  in
12        comparable   physical  education  and  athletic  programs
13        solely by reason of the student's sex.  Equal  access  to
14        programs   supported   from  school  district  funds  and
15        comparable programs will be defined in rules  promulgated
16        by  the State Board of Education in consultation with the
17        Illinois High  School  Association.  Notwithstanding  any
18        other  provision  of  this  Article, neither the board of
19        education nor any local school council  or  other  school
20        official  shall recommend that children with disabilities
21        be placed into regular education classrooms unless  those
22        children    with    disabilities    are   provided   with
23        supplementary  services  to  assist  them  so  that  they
24        benefit from the regular classroom  instruction  and  are
25        included   on   the  teacher's  regular  education  class
26        register;
27             2.  To  furnish  lunches  to  pupils,  to   make   a
28        reasonable  charge  therefor, and to use school funds for
29        the payment of such expenses as the board  may  determine
30        are necessary in conducting the school lunch program;
31             3.  To co-operate with the circuit court;
32             4.  To   make   arrangements   with  the  public  or
33        quasi-public libraries and museums for the use  of  their
34        facilities by teachers and pupils of the public schools;
 
HB6038 Engrossed            -5-                LRB9215601NTdv
 1             5.  To  employ  dentists  and prescribe their duties
 2        for the purpose of treating the pupils  in  the  schools,
 3        but  accepting  such  treatment  shall  be  optional with
 4        parents or guardians;
 5             6.  To  grant  the  use  of   assembly   halls   and
 6        classrooms  when  not  otherwise needed, including light,
 7        heat, and attendants, for free public lectures, concerts,
 8        and other  educational  and  social  interests,  free  of
 9        charge,   under   such  provisions  and  control  as  the
10        principal  of  the   affected   attendance   center   may
11        prescribe;
12             7.  To  apportion the pupils to the several schools;
13        provided  that  no  pupil  shall  be  excluded  from   or
14        segregated  in  any  such school on account of his color,
15        race, sex, or nationality.  The  board  shall  take  into
16        consideration  the  prevention  of  segregation  and  the
17        elimination  of  separation of children in public schools
18        because of color, race, sex, or nationality. Except  that
19        children  may  be  committed  to  or  attend parental and
20        social  adjustment  schools  established  and  maintained
21        either for boys or girls only.  All records pertaining to
22        the creation, alteration or revision of attendance  areas
23        shall  be open to the public.  Nothing herein shall limit
24        the board's authority to establish multi-area  attendance
25        centers   or   other   student   assignment  systems  for
26        desegregation purposes or otherwise, and to apportion the
27        pupils to the several schools.  Furthermore, beginning in
28        school year 1994-95, pursuant to a board plan adopted  by
29        October  1,  1993, the board shall offer, commencing on a
30        phased-in basis, the opportunity for families within  the
31        school district to apply for enrollment of their children
32        in any attendance center within the school district which
33        does  not  have selective admission requirements approved
34        by the board.  The appropriate geographical area in which
 
HB6038 Engrossed            -6-                LRB9215601NTdv
 1        such open enrollment may be exercised shall be determined
 2        by the board of education.  Such children may be admitted
 3        to any such attendance center on a space available  basis
 4        after   all  children  residing  within  such  attendance
 5        center's area have been accommodated.  If the  number  of
 6        applicants  from  outside  the attendance area exceed the
 7        space available,  then  successful  applicants  shall  be
 8        selected  by  lottery.   The  board  of  education's open
 9        enrollment plan must include provisions  that  allow  low
10        income  students  to have access to transportation needed
11        to exercise school choice.  Open enrollment shall  be  in
12        compliance  with the provisions of the Consent Decree and
13        Desegregation Plan cited in Section 34-1.01;
14             8.  To approve programs and policies  for  providing
15        transportation services to students. Nothing herein shall
16        be  construed  to  permit  or  empower the State Board of
17        Education to order, mandate, or require busing  or  other
18        transportation  of  pupils  for  the purpose of achieving
19        racial balance in any school;
20             9.  Subject to the limitations in this  Article,  to
21        establish  and  approve system-wide curriculum objectives
22        and  standards,  including  graduation  standards,  which
23        reflect the multi-cultural diversity in the city and  are
24        consistent with State law, provided that for all purposes
25        of  this  Article courses or proficiency in American Sign
26        Language  shall  be  deemed  to  constitute  courses   or
27        proficiency   in   a  foreign  language;  and  to  employ
28        principals and teachers, appointed as  provided  in  this
29        Article,  and  fix  their  compensation.  The board shall
30        prepare  such  reports  related  to  minimal   competency
31        testing  as  may  be  requested  by  the  State  Board of
32        Education, and in  addition  shall  monitor  and  approve
33        special  education  and  bilingual education programs and
34        policies within the district to assure  that  appropriate
 
HB6038 Engrossed            -7-                LRB9215601NTdv
 1        services are provided in accordance with applicable State
 2        and  federal  laws  to  children  requiring  services and
 3        education in those areas;
 4             10.  To employ  non-teaching  personnel  or  utilize
 5        volunteer  personnel  for:  (i)  non-teaching  duties not
 6        requiring instructional judgment or evaluation of pupils,
 7        including library  duties;  and  (ii)  supervising  study
 8        halls,   long  distance  teaching  reception  areas  used
 9        incident  to  instructional   programs   transmitted   by
10        electronic  media  such  as  computers, video, and audio,
11        detention  and  discipline  areas,  and  school-sponsored
12        extracurricular activities. The board may further utilize
13        volunteer   non-certificated    personnel    or    employ
14        non-certificated  personnel  to assist in the instruction
15        of pupils under the immediate supervision  of  a  teacher
16        holding a valid certificate, directly engaged in teaching
17        subject  matter  or  conducting activities; provided that
18        the  teacher  shall  be   continuously   aware   of   the
19        non-certificated persons' activities and shall be able to
20        control  or modify them. The general superintendent shall
21        determine qualifications  of  such  personnel  and  shall
22        prescribe rules for determining the duties and activities
23        to be assigned to such personnel;
24             10.5. To utilize volunteer personnel from a regional
25        School Crisis Assistance Team (S.C.A.T.), created as part
26        of  the  Safe  to  Learn  Program established pursuant to
27        Section 25 of the Illinois  Violence  Prevention  Act  of
28        1995,  to  provide  assistance  to  schools  in  times of
29        violence or other traumatic  incidents  within  a  school
30        community  by  providing  crisis intervention services to
31        lessen the effects of emotional trauma on individuals and
32        the community; the School Crisis Assistance Team Steering
33        Committee  shall   determine   the   qualifications   for
34        volunteers;
 
HB6038 Engrossed            -8-                LRB9215601NTdv
 1             11.  To  provide television studio facilities in not
 2        to exceed one school building and to provide programs for
 3        educational purposes, provided, however, that  the  board
 4        shall  not  construct,  acquire,  operate,  or maintain a
 5        television transmitter; to grant the use  of  its  studio
 6        facilities  to  a  licensed television station located in
 7        the school district; and to maintain and operate  not  to
 8        exceed  one school radio transmitting station and provide
 9        programs for educational purposes;
10             12.  To  offer,  if  deemed   appropriate,   outdoor
11        education courses, including field trips within the State
12        of  Illinois,  or  adjacent  states,  and  to  use school
13        educational funds for the expense  of  the  said  outdoor
14        educational  programs, whether within the school district
15        or not;
16             13.  During that period of  the  calendar  year  not
17        embraced  within  the regular school term, to provide and
18        conduct courses in subject matters normally  embraced  in
19        the program of the schools during the regular school term
20        and  to  give  regular  school  credit  for  satisfactory
21        completion  by  the  student  of  such  courses as may be
22        approved for credit by the State Board of Education;
23             14.  To insure against any loss or liability of  the
24        board,  the  former  School  Board Nominating Commission,
25        Local  School  Councils,  the  Chicago  Schools  Academic
26        Accountability  Council,  or   the   former   Subdistrict
27        Councils  or  of  any  member, officer, agent or employee
28        thereof,  resulting  from  alleged  violations  of  civil
29        rights arising  from  incidents  occurring  on  or  after
30        September  5,  1967 or from the wrongful or negligent act
31        or omission of any such person whether  occurring  within
32        or  without  the  school  premises, provided the officer,
33        agent or  employee  was,  at  the  time  of  the  alleged
34        violation  of  civil  rights or wrongful act or omission,
 
HB6038 Engrossed            -9-                LRB9215601NTdv
 1        acting within  the  scope  of  his  employment  or  under
 2        direction   of   the   board,  the  former  School  Board
 3        Nominating  Commission,  the  Chicago  Schools   Academic
 4        Accountability  Council,  Local  School  Councils, or the
 5        former  Subdistrict  Councils;  and  to  provide  for  or
 6        participate in  insurance  plans  for  its  officers  and
 7        employees,   including  but  not  limited  to  retirement
 8        annuities, medical, surgical and hospitalization benefits
 9        in such types and amounts as may  be  determined  by  the
10        board;  provided,  however, that the board shall contract
11        for  such  insurance  only  with  an  insurance   company
12        authorized  to do business in this State.  Such insurance
13        may include provision for employees who rely on treatment
14        by prayer  or  spiritual  means  alone  for  healing,  in
15        accordance  with  the tenets and practice of a recognized
16        religious denomination;
17             15.  To contract with the corporate  authorities  of
18        any  municipality  or  the county board of any county, as
19        the case may be, to provide for the regulation of traffic
20        in parking areas of property used for school purposes, in
21        such manner as is  provided  by  Section  11-209  of  The
22        Illinois  Vehicle  Code,  approved September 29, 1969, as
23        amended;
24             16.  To provide, on an equal basis,  access  to  the
25        school  campus to the official recruiting representatives
26        of the armed forces of Illinois and the United States for
27        the purposes of informing students of the educational and
28        career opportunities available in  the  military  if  the
29        board has provided such access to persons or groups whose
30        purpose  is  to  acquaint  students  with  educational or
31        occupational opportunities available to them.  The  board
32        is  not  required  to  give  greater notice regarding the
33        right of access to  recruiting  representatives  than  is
34        given to other persons and groups;
 
HB6038 Engrossed            -10-               LRB9215601NTdv
 1             17. (a)  To  sell  or  market  any  computer program
 2        developed by an employee of the school district, provided
 3        that such employee developed the computer  program  as  a
 4        direct  result  of  his  or  her  duties  with the school
 5        district  or  through  the  utilization  of  the   school
 6        district   resources  or  facilities.  The  employee  who
 7        developed the computer program shall be entitled to share
 8        in the proceeds of such sale or marketing of the computer
 9        program.  The distribution of such proceeds  between  the
10        employee  and the school district shall be as agreed upon
11        by the employee and  the  school  district,  except  that
12        neither  the employee nor the school district may receive
13        more than 90% of such proceeds.  The negotiation  for  an
14        employee  who  is  represented by an exclusive bargaining
15        representative  may  be  conducted  by  such   bargaining
16        representative at the employee's request.
17             (b)  For the purpose of this paragraph 17:
18                  (1)  "Computer" means an internally programmed,
19             general    purpose   digital   device   capable   of
20             automatically accepting data,  processing  data  and
21             supplying the results of the operation.
22                  (2)  "Computer program" means a series of coded
23             instructions or statements in a form acceptable to a
24             computer,  which causes the computer to process data
25             in order to achieve a certain result.
26                  (3)  "Proceeds"  means  profits  derived   from
27             marketing  or  sale of a product after deducting the
28             expenses of developing and marketing such product;
29             18.  To delegate to the  general  superintendent  of
30        schools,   by   resolution,   the  authority  to  approve
31        contracts and expenditures in amounts of $10,000 or less;
32             19.  Upon the written request  of  an  employee,  to
33        withhold from the compensation of that employee any dues,
34        payments or contributions payable by such employee to any
 
HB6038 Engrossed            -11-               LRB9215601NTdv
 1        labor organization as defined in the Illinois Educational
 2        Labor  Relations  Act.  Under such arrangement, an amount
 3        shall be withheld from each regular payroll period  which
 4        is  equal  to  the pro rata share of the annual dues plus
 5        any  payments  or  contributions,  and  the  board  shall
 6        transmit  such  withholdings  to  the   specified   labor
 7        organization  within 10 working days from the time of the
 8        withholding;
 9             19a.  Upon receipt of notice from the comptroller of
10        a municipality with a population of 500,000  or  more,  a
11        county  with  a population of 3,000,000 or more, the Cook
12        County  Forest  Preserve  District,  the   Chicago   Park
13        District,  the  Metropolitan  Water Reclamation District,
14        the Chicago Transit Authority, or a housing authority  of
15        a  municipality with a population of 500,000 or more that
16        a debt is due and owing the municipality, the county, the
17        Cook County Forest Preserve District,  the  Chicago  Park
18        District,  the  Metropolitan  Water Reclamation District,
19        the Chicago Transit Authority, or the  housing  authority
20        by  an  employee  of  the  Chicago Board of Education, to
21        withhold, from the compensation  of  that  employee,  the
22        amount  of  the  debt  that  is due and owing and pay the
23        amount withheld to the municipality, the county, the Cook
24        County  Forest  Preserve  District,  the   Chicago   Park
25        District,  the  Metropolitan  Water Reclamation District,
26        the Chicago Transit Authority, or the housing  authority;
27        provided,  however, that the amount deducted from any one
28        salary or wage payment shall not exceed 25%  of  the  net
29        amount  of  the  payment.   Before  the Board deducts any
30        amount from any salary or wage of an employee under  this
31        paragraph,  the municipality, the county, the Cook County
32        Forest Preserve District, the Chicago Park District,  the
33        Metropolitan  Water  Reclamation  District,  the  Chicago
34        Transit Authority, or the housing authority shall certify
 
HB6038 Engrossed            -12-               LRB9215601NTdv
 1        that  (i)  the  employee has been afforded an opportunity
 2        for a hearing to dispute the debt that is due  and  owing
 3        the  municipality,  the  county,  the  Cook County Forest
 4        Preserve  District,  the  Chicago  Park   District,   the
 5        Metropolitan  Water  Reclamation  District,  the  Chicago
 6        Transit  Authority, or the housing authority and (ii) the
 7        employee has received notice of a  wage  deduction  order
 8        and  has  been  afforded  an opportunity for a hearing to
 9        object to the order.  For  purposes  of  this  paragraph,
10        "net  amount"  means  that  part  of  the  salary or wage
11        payment remaining after  the  deduction  of  any  amounts
12        required  by  law to be deducted and "debt due and owing"
13        means  (i)  a  specified  sum  of  money  owed   to   the
14        municipality, the county, the Cook County Forest Preserve
15        District,  the  Chicago  Park  District, the Metropolitan
16        Water   Reclamation   District,   the   Chicago   Transit
17        Authority, or the housing authority for  services,  work,
18        or  goods,  after  the  period  granted  for  payment has
19        expired, or (ii) a specified sum of  money  owed  to  the
20        municipality, the county, the Cook County Forest Preserve
21        District,  the  Chicago  Park  District, the Metropolitan
22        Water   Reclamation   District,   the   Chicago   Transit
23        Authority, or the housing authority pursuant to  a  court
24        order or order of an administrative hearing officer after
25        the  exhaustion  of,  or the failure to exhaust, judicial
26        review;
27             20.  The board is encouraged to employ a  sufficient
28        number  of  certified  school  counselors  to  maintain a
29        student/counselor ratio of 250 to  1  by  July  1,  1990.
30        Each  counselor shall spend at least 75% of his work time
31        in direct contact with  students  and  shall  maintain  a
32        record of such time;
33             21.  To  make  available  to students vocational and
34        career counseling  and  to  establish  5  special  career
 
HB6038 Engrossed            -13-               LRB9215601NTdv
 1        counseling  days for students and parents.  On these days
 2        representatives of local businesses and industries  shall
 3        be invited to the school campus and shall inform students
 4        of  career opportunities available to them in the various
 5        businesses and industries.  Special  consideration  shall
 6        be  given  to  counseling  minority students as to career
 7        opportunities available to them in  various  fields.  For
 8        the  purposes of this paragraph, minority student means a
 9        person who is:
10                  (a)  Black (a person having origins in  any  of
11             the black racial groups in Africa);
12                  (b)  Hispanic   (a   person   of   Spanish   or
13             Portuguese  culture with origins in Mexico, South or
14             Central   America,   or   the   Caribbean   islands,
15             regardless of race);
16                  (c)  Asian American (a person having origins in
17             any  of  the  original  peoples  of  the  Far  East,
18             Southeast  Asia,  the  Indian  Subcontinent  or  the
19             Pacific Islands); or
20                  (d)  American  Indian  or  Alaskan  Native   (a
21             person having origins in any of the original peoples
22             of North America).
23             Counseling  days  shall  not  be  in lieu of regular
24        school days;
25             22.  To report to the State Board of  Education  the
26        annual  student  dropout  rate and number of students who
27        graduate from, transfer from or otherwise leave bilingual
28        programs;
29             23.  Except as otherwise provided in the Abused  and
30        Neglected  Child  Reporting Act or other applicable State
31        or federal law, to permit school officials  to  withhold,
32        from  any  person,  information on the whereabouts of any
33        child removed from school premises  when  the  child  has
34        been  taken  into  protective  custody  as  a  victim  of
 
HB6038 Engrossed            -14-               LRB9215601NTdv
 1        suspected  child  abuse.   School  officials shall direct
 2        such person to the  Department  of  Children  and  Family
 3        Services,  or  to  the  local  law  enforcement agency if
 4        appropriate;
 5             24.  To develop a policy, based on the current state
 6        of existing school facilities, projected  enrollment  and
 7        efficient utilization of available resources, for capital
 8        improvement  of  schools  and school buildings within the
 9        district, addressing in that  policy  both  the  relative
10        priority  for major repairs, renovations and additions to
11        school facilities, and the advisability or  necessity  of
12        building   new  school  facilities  or  closing  existing
13        schools to meet current or projected demographic patterns
14        within the district;
15             25.  To make available to the students in every high
16        school attendance center the ability to take all  courses
17        necessary  to comply with the Board of Higher Education's
18        college entrance criteria effective in 1993;
19             26.  To  encourage  mid-career  changes   into   the
20        teaching   profession,  whereby  qualified  professionals
21        become  certified  teachers,  by  allowing   credit   for
22        professional    employment   in   related   fields   when
23        determining point of entry on teacher pay scale;
24             27.  To provide or contract  out  training  programs
25        for  administrative personnel and principals with revised
26        or expanded duties pursuant  to  this  Act  in  order  to
27        assure  they  have  the  knowledge  and skills to perform
28        their duties;
29             28.  To establish a fund for the prioritized special
30        needs programs, and to allocate such funds and other lump
31        sum  amounts  to  each  attendance  center  in  a  manner
32        consistent with the  provisions  of  part  4  of  Section
33        34-2.3.  Nothing  in this paragraph shall be construed to
34        require any additional appropriations of State funds  for
 
HB6038 Engrossed            -15-               LRB9215601NTdv
 1        this purpose;
 2             29.  (Blank);
 3             30.  Notwithstanding any other provision of this Act
 4        or  any other law to the contrary, to contract with third
 5        parties for services otherwise  performed  by  employees,
 6        including those in a bargaining unit, and to layoff those
 7        employees  upon  14  days  written notice to the affected
 8        employees.  Those contracts may be for a  period  not  to
 9        exceed 5 years and may be awarded on a system-wide basis;
10             31.  To  promulgate  rules  establishing  procedures
11        governing  the  layoff or reduction in force of employees
12        and the recall of  such  employees,  including,  but  not
13        limited  to,  criteria  for  such  layoffs, reductions in
14        force or recall rights of such employees and  the  weight
15        to  be  given to any particular criterion.  Such criteria
16        shall take into account factors  including,  but  not  be
17        limited  to,  qualifications, certifications, experience,
18        performance ratings or evaluations, and any other factors
19        relating to an employee's job performance; and
20             32.  To develop a policy to prevent nepotism in  the
21        hiring of personnel or the selection of contractors.
22        The  specifications  of the powers herein granted are not
23    to be  construed  as  exclusive  but  the  board  shall  also
24    exercise  all  other  powers  that  they  may be requisite or
25    proper for the maintenance and the development  of  a  public
26    school  system, not inconsistent with the other provisions of
27    this Article or provisions of this Code which  apply  to  all
28    school districts.
29        In  addition  to the powers herein granted and authorized
30    to be exercised by the board, it shall be  the  duty  of  the
31    board  to  review or to direct independent reviews of special
32    education expenditures and services. The board shall  file  a
33    report  of such review with the General Assembly on or before
34    May 1, 1990.
 
HB6038 Engrossed            -16-               LRB9215601NTdv
 1    (Source: P.A. 92-109, eff. 7-20-01.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.

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