Public Act 90-0811 of the 90th General Assembly
Public Act 90-0811
SB560 Enrolled SRS90S0028KSsa
AN ACT concerning education, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Sections 2-3.12, 3-14.23, 19-3, 21-1a, 21-2, 21-2.1, 21-3,
21-4, 21-5, 21-14, 27-24.5, and 34-3 and adding Section
2-3.12a as follows:
(105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
Sec. 2-3.12. School building code. To prepare for school
boards with the advice of the Department of Public Health,
the Capital Development Board, and the State Fire Marshal a
school building code that will conserve the health and safety
and general welfare of the pupils and school personnel and
others who use public school facilities.
The document known as "Efficient and Adequate Standards
for the Construction of Schools" applies only to temporary
school facilities, new school buildings, and additions to
existing schools whose construction contracts are awarded
after July 1, 1965. On or before July 1, 1967, each school
board shall have its school district buildings that were
constructed prior to January 1, 1955, surveyed by an
architect or engineer licensed in the State of Illinois as to
minimum standards necessary to conserve the health and safety
of the pupils enrolled in the school buildings of the
district. Buildings constructed between January 1, 1955 and
July 1, 1965, not owned by the State of Illinois, shall be
surveyed by an architect or engineer licensed in the State of
Illinois beginning 10 years after acceptance of the completed
building by the school board. Buildings constructed between
January 1, 1955 and July 1, 1955 and previously exempt under
the provisions of Section 35-27 shall be surveyed prior to
July 1, 1977 by an architect or engineer licensed in the
State of Illinois. The architect or engineer, using the
document known as "Building Specifications for Health and
Safety in Public Schools" as a guide, shall make a report of
the findings of the survey to the school board, giving
priority in that report to fire safety problems and
recommendations thereon if any such problems exist. The
school board of each district so surveyed and receiving a
report of needed recommendations to be made to improve
standards of safety and health of the pupils enrolled has
until July 1, 1970, or in case of buildings not owned by the
State of Illinois and completed between January 1, 1955 and
July 1, 1965 or in the case of buildings previously exempt
under the provisions of Section 35-27 has a period of 3 years
after the survey is commenced, to effectuate those
recommendations, giving first attention to the
recommendations in the survey report having priority status,
and is authorized to levy the tax provided for in Section
17-2.11, according to the provisions of that Section, to make
such improvements. School boards unable to effectuate those
recommendations prior to July 1, 1970, on July 1, 1980 in the
case of buildings previously exempt under the provisions of
Section 35-27, may petition the State Superintendent of
Education upon the recommendation of the Regional
Superintendent for an extension of time. The extension of
time may be granted by the State Superintendent of Education
for a period of one year, but may be extended from year to
year provided substantial progress, in the opinion of the
State Superintendent of Education, is being made toward
compliance.
Within 2 years after the effective date of this
amendatory Act of 1983, and every 10 years thereafter, or at
such other times as the State Board of Education deems
necessary or the regional superintendent so orders, each
school board subject to the provisions of this Section shall
again survey its school buildings and effectuate any
recommendations in accordance with the procedures set forth
herein. An architect or engineer licensed in the State of
Illinois is required to conduct the surveys under the
provisions of this Section and shall make a report of the
findings of the survey titled "safety survey report" to the
school board. The school board shall approve the safety
survey report, including any recommendations to effectuate
compliance with the code, and submit it to the Regional
Superintendent. The Regional Superintendent shall render a
decision regarding approval or denial and submit the safety
survey report to the State Superintendent of Education. The
State Superintendent of Education shall approve or deny the
report including recommendations to effectuate compliance
with the code and, if approved, issue a certificate of
approval. Upon receipt of the certificate of approval, the
Regional Superintendent shall issue an order to effect any
approved recommendations included in the report. Items in
the report shall be prioritized. Urgent items shall be
considered as those items related to life safety problems
that present an immediate hazard to the safety of students.
Required items shall be considered as those items that are
necessary for a safe environment but present less of an
immediate hazard to the safety of students. Urgent and
required items shall reference a specific rule in the code
authorized by this Section that is currently being violated
or will be violated within the next 12 months if the
violation is not remedied. The school board of each district
so surveyed and receiving a report of needed recommendations
to be made to maintain standards of safety and health of the
pupils enrolled shall effectuate the correction of urgent
items as soon as achievable to ensure the safety of the
students, but in no case more than one year after the date of
the State Superintendent of Education's approval of the
recommendation. Required items shall be corrected in a
timely manner, but in no case more than 5 3 years from the
date of the State Superintendent of Education's approval of
the recommendation. Once each year the school board shall
submit a report of progress on completion of any
recommendations to effectuate compliance with the code. For
each year that the school board does not effectuate any or
all approved recommendations, it shall petition the Regional
Superintendent and the State Superintendent of Education
detailing what work was completed in the previous year and a
work plan for completion of the remaining work. If in the
judgement of the Regional Superintendent and the State
Superintendent of Education substantial progress has been
made and just cause has been shown by the school board, the
petition for a one year extension of time may be approved.
As soon as practicable, but not later than 2 years after
the effective date of this amendatory Act of 1992, the State
Board of Education shall combine the document known as
"Efficient and Adequate Standards for the Construction of
Schools" with the document known as "Building Specifications
for Health and Safety in Public Schools" together with any
modifications or additions that may be deemed necessary. The
combined document shall be known as the "Health/Life Safety
Code for Public Schools" and shall be the governing code for
all facilities that house public school students or are
otherwise used for public school purposes, whether such
facilities are permanent or temporary and whether they are
owned, leased, rented, or otherwise used by the district.
Facilities owned by a school district but that are not used
to house public school students or are not used for public
school purposes shall be governed by separate provisions
within the code authorized by this Section.
The 10 year survey cycle specified in this Section shall
continue to apply based upon the standards contained in the
"Health/Life Safety Code for Public Schools", which shall
specify building standards for buildings that are constructed
prior to the effective date of this amendatory Act of 1992
and for buildings that are constructed after that date.
The "Health/Life Safety Code for Public Schools" shall be
the governing code for public schools; however, the
provisions of this Section shall not preclude inspection of
school premises and buildings pursuant to Section 9 of the
Fire Investigation Act, provided that the provisions of the
"Health/Life Safety Code for Public Schools", or such
predecessor document authorized by this Section as may be
applicable are used, and provided that those inspections are
coordinated with the Regional Superintendent having
jurisdiction over the public school facility. Any agency
having jurisdiction beyond the scope of the applicable
document authorized by this Section may issue a lawful order
to a school board to effectuate recommendations, and the
school board receiving the order shall certify to the
Regional Superintendent and the State Superintendent of
Education when it has complied with the order.
The State Board of Education is authorized to adopt any
rules that are necessary relating to the administration and
enforcement of the provisions of this Section. The code
authorized by this Section shall apply only to those school
districts having a population of less than 500,000
inhabitants.
(Source: P.A. 89-397, eff. 8-20-95.)
(105 ILCS 5/2-3.12a new)
Sec. 2-3.12a. Health/Life Safety Code Advisory
Committee.
(a) The Health/Life Safety Code Advisory Committee is
created. The Committee shall be composed of 11 members. The
President of the Senate, the Minority Leader of the Senate,
the Speaker of the House of Representatives, and the Minority
Leader of the House of Representatives shall appoint one
member each, the Governor shall appoint 4 members, and the
State Superintendent of Education shall appoint 3 members.
At least one member appointed by the Governor shall have
resided within a large unit school district for at least 5
years preceding the appointment. For the purposes of this
Section, a "large unit school district" means a K-12 district
with a student enrollment of 3,500 or more. All appointments
to the Committee shall be made within 15 days after the
effective date of this amendatory Act of 1998. Members of
the Committee shall serve without compensation but shall be
reimbursed for their reasonable and necessary expenses from
funds appropriated for that purpose. The Committee shall
hold an organizational meeting within 10 days after the last
member has been appointed. The Committee shall select one
member as chairperson at this organizational meeting. A
majority of the members shall constitute a quorum.
(b) The Committee shall review the establishment and
enforcement of life safety rules and requirements and the
categorization of life safety items as "urgent" or "required"
in safety survey reports, as set forth in Section 2-3.12 of
this Code and pursuant to the rules and procedures
promulgated by the State Board of Education in the
Health/Life Safety Code for Public Schools. In particular,
the Committee shall (i) review the process by which items are
designated as "urgent" or "required" life safety items and
inquire into the classification of life safety items as
"urgent" or "required", (ii) review the rules and procedures,
including the procedures for appeal and review of safety
survey reports and recommendations issued by the State
Superintendent of Education pursuant to the safety survey
reports, established for compelling, obtaining, and
implementing remedial construction and retrofitting of
school-related property and buildings mandated under the
school building code, known as the Health/Life Safety Code
for Public Schools, (iii) inquire into and identify budgetary
and other problems, difficulties, and matters of controversy
that are associated with the conducting of school safety
surveys, and (iv) inquire into the enforcement of the
Health/Life Safety Code for Public Schools. The Committee
shall report its findings and recommendations to the General
Assembly, the Governor, and the State Superintendent of
Education by April 15, 1999. The report shall contain
recommendations to remedy problems, difficulties, and matters
of controversy identified in the report, including those
related to the definition and classification of life safety
items as "urgent" or "required".
(c) This Section is repealed on May 1, 1999.
(105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
Sec. 3-14.23. School bus driver permits.
(a) To conduct courses of instruction for school bus
drivers pursuant to the standards established by the
Secretary of State under Section 6-106.1 of the Illinois
Vehicle Code and to charge a fee based upon the cost of
providing such courses of up to $4 per person for the initial
classroom course in school bus driver safety and of up to $4
per person for the annual refresher course. The State Board
of Education shall annually request such additional
appropriation as may be necessary to ensure that adequate and
sufficient training is provided to all school bus drivers in
Illinois. This appropriation shall be used to supplement,
not supplant, programs conducted using fees received from
applicants for school bus driver permits. Registration fees
collected prior to January 1, 1995 under Section 6-106.1 of
the Illinois Vehicle Code shall be used for those courses and
training prior to charging the fee authorized by this
paragraph.
(b) To conduct such investigations as may be necessary
to insure that all persons hired to operate school buses have
valid school bus driver permits as required under Sections
6-104 and 6-106.1 of "The Illinois Vehicle Code". If a
regional superintendent finds evidence of non-compliance with
this requirement, he shall submit such evidence together
with his recommendations in writing to the school board.
If the regional superintendent finds evidence of
noncompliance with the requirement that all persons employed
directly by the school board to operate school buses have
valid school bus driver permits as required under Sections
6-104 and 6-106.1 of "The Illinois Vehicle Code", the
regional superintendent shall schedule a hearing on a date
not less than 5 days nor more than 10 days after notifying
the district of his findings. If based on the evidence
presented at the hearing the regional superintendent finds
that persons employed directly by the school board to operate
school buses do not have valid school bus driver permits as
required under Sections 6-104 and 6-106.1 of "The Illinois
Vehicle Code", the regional superintendent shall submit such
evidence and his findings together with his recommendations
to the State Superintendent of Education. The State
Superintendent of Education may reduce the district's claim
for reimbursement under Sections 29-5 and 14-13.01 for
transportation by 1.136% for each day of noncompliance.
If a school board finds evidence of noncompliance with
the requirement that all persons employed by a contractor to
operate school buses have valid school bus driver permits as
required under Sections 6-104 and 6-106.1 of "The Illinois
Vehicle Code", the school board shall request a hearing
before the regional superintendent. The regional
superintendent shall schedule a hearing on a date not less
than 5 days nor more than 10 days after receiving the
request. If based on the evidence presented at the hearing
the regional superintendent finds that persons employed by a
contractor to operate school buses do not have valid school
bus driver permits as required under Sections 6-104 and
6-106.1 of "The Illinois Vehicle Code", the school board's
financial obligations under the contract shall be reduced by
an amount equal to 1.136% for each day of noncompliance. The
findings of the regional superintendent and the relief
provided herein shall not impair the obligations of the
contractor to continue to provide transportation services in
accordance with the terms of the contract.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings
instituted for judicial review of final administrative
decisions of the regional superintendent under this Section.
(Source: P.A. 88-612, eff. 7-1-95.)
(105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
Sec. 19-3. Boards of education. Any school district
governed by a board of education and having a population of
not more than 500,000 inhabitants, and not governed by a
special Act may borrow money for the purpose of building,
equipping, altering or repairing school buildings or
purchasing or improving school sites, or acquiring and
equipping playgrounds, recreation grounds, athletic fields,
and other buildings or land used or useful for school
purposes or for the purpose of purchasing a site, with or
without a building or buildings thereon, or for the building
of a house or houses on such site, or for the building of a
house or houses on the school site of the school district,
for residential purposes of the superintendent, principal, or
teachers of the school district, and issue its negotiable
coupon bonds therefor signed by the president and secretary
of the board, in denominations of not less than $100 nor more
than $5,000, payable at such place and at such time or times,
not exceeding 20 years from date of issuance, as the board of
education may prescribe, and bearing interest at a rate not
to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, payable annually, semiannually or quarterly,
but no such bonds shall be issued unless the proposition to
issue them is submitted to the voters of the district at a
referendum held at a regularly scheduled election after the
board has certified the proposition to the proper election
authorities in accordance with the general election law, a
majority of all the votes cast on the proposition is in favor
of the proposition, notice of such bond referendum (if
heretofore or hereafter held at any general election) has
been given either (i) in accordance with the second paragraph
of Section 12-1 of the Election Code irrespective of any
other requirements of the Election Code and irrespective of
whether such notice included any reference to the public
question as it appeared on the ballot or (ii) for an election
held on or after November 1, 1998, in accordance with Section
12-5 of the Election Code, and a true and legible copy of the
specimen ballot label containing the proposition (if
heretofore or hereafter submitted to the voters of the
district at any general election) in the form in which it
appeared or will appear on the official ballot label on the
day of the election has been published at least 5 days
before the day of the election in at least one newspaper
published in and having a general circulation in each county
in which the district is located irrespective of any other
requirements of Section 24A-18 of the Election Code, nor
shall any residential site be acquired unless such
proposition to acquire a site is submitted to the voters of
the district at a referendum held at a regularly scheduled
election after the board has certified the proposition to the
proper election authorities in accordance with the general
election law and a majority of all the votes cast on the
proposition is in favor of the proposition. Nothing in this
Act or in any other law shall be construed as to require the
notice of the bond referendum to be published over the name
or title of the election authority or the listing of maturity
dates of any bonds either in the notice of bond election or
ballot used in the bond election. Such proposition may be
initiated by resolution of the school board.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of this amendatory Act of 1989, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those
Acts.
The proceeds of any bonds issued under authority of this
Section shall be deposited and accounted for separately
within the Site and Construction/Capital Improvements Fund.
(Source: P.A. 89-698, eff. 1-14-97.)
(105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
Sec. 21-1a. Tests required for certification.
(a) After July 1, 1988, in addition to all other
requirements, early childhood, elementary, special, high
school, school service personnel, or, except as provided in
Section 34-6, administrative certificates shall be issued to
persons who have satisfactorily passed a test of basic skills
and subject matter knowledge. The tests of basic skills and
subject matter knowledge shall be the tests which from time
to time are designated by the State Board of Education in
consultation with the State Teacher Certification Board and
may be tests prepared by an educational testing organization
or tests designed by the State Board of Education in
consultation with the State Teacher Certification Board. The
areas to be covered by the test of basic skills shall include
the basic skills of reading, writing, grammar and
mathematics. The test of subject matter knowledge shall
assess content knowledge in the specific subject field. The
tests shall be designed to be racially neutral to assure that
no person in taking the tests is thereby discriminated
against on the basis of race, color, national origin or other
factors unrelated to the person's ability to perform as a
certificated employee. The score required to pass the tests
of basic skills and subject matter knowledge shall be fixed
by the State Board of Education in consultation with the
State Teacher Certification Board. The tests shall be held
not fewer than 3 times a year at such time and place as may
be designated by the State Board of Education in consultation
with the State Teacher Certification Board.
(b) Except as provided in Section 34-6, the provisions
of subsection (a) of this Section shall apply equally in any
school district subject to Article 34, provided that the
State Board of Education shall determine which certificates
issued under Sections 34-8.1 and 34-83 prior to July 1, 1988
are comparable to any early childhood certificate, elementary
school certificate, special certificate, high school
certificate, school service personnel certificate or
administrative certificate issued under this Article as of
July 1, 1988.
(c) A person who holds an early childhood, elementary,
special, high school or school service personnel certificate
issued under this Article on or at any time before July 1,
1988, including a person who has been issued any such
certificate pursuant to Section 21-11.1 or in exchange for a
comparable certificate theretofore issued under Section
34-8.1 or Section 34-83, shall not be required to take or
pass the tests in order to thereafter have such certificate
renewed.
(d) The State Board of Education in consultation with
the State Teacher Certification Board shall conduct a pilot
administration of the tests by administering the test to
students completing teacher education programs in the 1986-87
school year for the purpose of determining the effect and
impact of testing candidates for certification.
(e) The rules and regulations developed to implement the
required test of basic skills and subject matter knowledge
shall include the requirements of subsections (a), (b), and
(c) and shall include specific regulations to govern test
selection; test validation and determination of a passing
score; administration of the tests; frequency of
administration; applicant fees; frequency of applicants'
taking the tests; the years for which a score is valid; and,
waiving certain additional tests for additional certificates
to individuals who have satisfactorily passed the test of
basic skills and subject matter knowledge as required in
subsection (a). The State Board of Education shall provide,
by rule, specific policies that assure uniformity in the
difficulty level of each form of the basic skills test and
each subject matter knowledge test from test-to-test and
year-to-year. The State Board of Education shall also set a
passing score for the tests.
(f) The State Teacher Certification Board may issue a
nonrenewable temporary certificate between July 1, 1988 and
August 31, 1988 to individuals who have taken the tests of
basic skills and subject matter knowledge prescribed by this
Section but have not received such test scores by August 31,
1988. Such temporary certificates shall expire on December
31, 1988.
(g) Beginning July January 1, 1999, the State Board of
Education, in consultation with the State Teacher
Certification Board, shall implement and administer a new
system of certification for teachers in the State of
Illinois. The State Board of Education, in consultation with
the State Teacher Certification Board, shall design and
implement a system of examinations and various other criteria
which shall be required prior to the issuance of Initial
Teaching Certificates and Standard Teaching Certificates.
These examinations and indicators shall be based on national
professional teaching standards, as determined by the State
Board of Education, in consultation with the State Teacher
Certification Board. The State Board of Education may adopt
any and all regulations necessary to implement and administer
this Section.
(h) The State Board of Education shall report to the
Illinois General Assembly and the Governor with
recommendations for further changes and improvements to the
teacher certification system no later than July January 1,
1999 and on an annual basis until July January 1, 2001.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. Grades of certificates.
(a) Until July January 1, 1999, all certificates issued
under this Article shall be State certificates valid, except
as limited in Section 21-1, in every school district coming
under the provisions of this Act and shall be limited in time
and designated as follows: Provisional vocational
certificate, temporary provisional vocational certificate,
early childhood certificate, elementary school certificate,
special certificate, high school certificate, school service
personnel certificate, administrative certificate,
provisional certificate, and substitute certificate. The
requirement of student teaching under close and competent
supervision for obtaining a teaching certificate may be
waived by the State Teacher Certification Board upon
presentation to the Board by the teacher of evidence of 5
years successful teaching experience on a valid certificate
and graduation from a recognized institution of higher
learning with a bachelor's degree with not less than 120
semester hours and a minimum of 16 semester hours in
professional education.
(b) Initial Teaching Certificate. Beginning July
January 1, 1999, persons who (1) have completed an approved
teacher preparation program, (2) are recommended by an
approved teacher preparation program, (3) have successfully
completed the Initial Teaching Certification examinations
required by the State Board of Education, and (4) have met
all other criteria established by the State Board of
Education in consultation with the State Teacher
Certification Board, shall be issued an Initial Teaching
Certificate valid for 4 years of teaching. Initial Teaching
Certificates shall be issued for categories corresponding to
Early Childhood, Elementary, Secondary, and Special K-12,
with special certification designations for Special
Education, Bilingual Education, fundamental learning areas
(including Language Arts, Reading, Mathematics, Science,
Social Science, Physical Development and Health, Fine Arts,
and Foreign Language), and other areas designated by the
State Board of Education, in consultation with the State
Teacher Certification Board.
(c) Standard Certificate. Beginning July January 1,
1999, persons who (1) have completed 4 years of teaching with
an Initial Certificate, have successfully completed the
Standard Teaching Certificate examinations, and have met all
other criteria established by the State Board of Education in
consultation with the State Teacher Certification Board, or
(2) were issued teaching certificates prior to July January
1, 1999 and are renewing those certificates after July
January 1, 1999, shall be issued a Standard Certificate valid
for 5 years, which may be renewed thereafter every 5 years by
the State Teacher Certification Board based on proof of
continuing education or professional development. Standard
Certificates shall be issued for categories corresponding to
Early Childhood, Elementary, Secondary, and Special K-12,
with special certification designations for Special
Education, Bilingual Education, fundamental learning areas
(including Language Arts, Reading, Mathematics, Science,
Social Science, Physical Development and Health, Fine Arts,
and Foreign Language), and other areas designated by the
State Board of Education, in consultation with the State
Teacher Certification Board.
(d) Master Certificate. Beginning July January 1, 1999,
persons who have successfully achieved National Board
certification through the National Board for Professional
Teaching Standards shall be issued a Master Certificate,
valid for 7 years and renewable thereafter every 7 years
through compliance with requirements set forth by the State
Board of Education.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
(105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
Sec. 21-2.1. Early childhood certificate.
(a) An early childhood certificate shall be valid for 4
years for teaching children up to 6 years of age, exclusive
of children enrolled in kindergarten, in facilities approved
by the State Superintendent of Education. Beginning July 1,
1988, such certificate shall be valid for 4 years for
Teaching children through grade 3 in facilities approved by
the State Superintendent of Education. Subject to the
provisions of Section 21-1a, it shall be issued to persons
who have graduated from a recognized institution of higher
learning with a bachelor's degree and with not fewer than 120
semester hours including professional education or human
development or, until July 1, 1992, to persons who have early
childhood education instruction and practical experience
involving supervised work with children under 6 years of age
or with children through grade 3. Such persons shall be
recommended for the early childhood certificate by a
recognized institution as having completed an approved
program of preparation which includes the requisite hours and
academic and professional courses and practical experience
approved by the State Superintendent of Education in
consultation with the State Teacher Certification Board.
(b) Beginning July January 1, 1999, Initial and Standard
Early Childhood Education Certificates shall be issued to
persons who meet the criteria established by the State Board
of Education.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
Sec. 21-3. Elementary certificate.
(a) An elementary school certificate shall be valid for
4 years for teaching in the kindergarten and lower 9 grades
of the common schools. Subject to the provisions of Section
21-1a, it shall be issued to persons who have graduated from
a recognized institution of higher learning with a bachelor's
degree and with not fewer than 120 semester hours and with a
minimum of 16 semester hours in professional education,
including 5 semester hours in student teaching under
competent and close supervision. Such persons shall be
recommended for the elementary certificate by a recognized
institution as having completed an approved program of
preparation which includes intensive preservice training in
the humanities, natural sciences, mathematics and the
academic and professional courses approved by the State
Superintendent of Education in consultation with the State
Teacher Certification Board.
(b) Beginning July January 1, 1999, Initial and Standard
Elementary Certificates shall be issued to persons who meet
all of the criteria established by the State Board of
Education for elementary education.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
Sec. 21-4. Special certificate.
(a) A special certificate shall be valid for 4 years for
teaching the special subjects named therein in all grades of
the common schools. Subject to the provisions of Section
21-1a, it shall be issued to persons who have graduated from
a recognized institution of higher learning with a bachelor's
degree and with not fewer than 120 semester hours including a
minimum of 16 semester hours in professional education, 5 of
which shall be in student teaching under competent and close
supervision. When the holder of such certificate has earned a
master's degree, including eight semester hours of graduate
professional education from a recognized institution of
higher learning and with two years' teaching experience, it
may be endorsed for supervision.
Such persons shall be recommended for the special
certificate by a recognized institution as having completed
an approved program of preparation which includes academic
and professional courses approved by the State Superintendent
of Education in consultation with the State Teacher
Certification Board.
(b) Those persons holding special certificates on July
January 1, 1999 shall be eligible for one of the following:
(1) The issuance of Standard Elementary and
Standard Secondary Certificates with appropriate special
certification designations as determined by the State
Board of Education, in consultation with the State
Teacher Certification Board, and consistent with rules
adopted by the State Board of Education. These
certificates shall be renewed as provided in subsection
(c) of Section 21-2.
(2) The issuance of Standard Special K-12
Certificates with appropriate special certification
designations, which shall be renewed as provided in
subsection (c) of Section 21-2. These certificates shall
not be eligible for additional certification designations
except as approved by the State Board of Education, in
consultation with the State Teacher Certification Board.
(c) Those persons eligible to receive K-12 certification
after July January 1, 1999 shall be issued Initial Elementary
and Initial Secondary Certificates with appropriate special
certification designations pursuant to this Section or
Initial Special K-12 Certificates with appropriate special
certification designations pursuant to this Section. These
Initial K-12 Special Certificates shall not be eligible for
additional certification designations except as approved by
the State Board of Education, in consultation with the State
Teacher Certification Board.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
(105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
Sec. 21-5. High school certificate.
(a) A high school certificate shall be valid for 4 years
for teaching in grades 6 to 12 inclusive of the common
schools. Subject to the provisions of Section 21-1a, it shall
be issued to persons who have graduated from a recognized
institution of higher learning with a bachelor's degree and
with not fewer than 120 semester hours including 16 semester
hours in professional education, 5 of which shall be in
student teaching under competent and close supervision and
with one or more teaching fields. Such persons shall be
recommended for the high school certificate by a recognized
institution as having completed an approved program of
preparation which includes the academic and professional
courses approved by the State Superintendent of Education in
consultation with the State Teacher Certification Board.
(b) Beginning July January 1, 1999, Initial and Standard
Secondary Certificates shall be issued to persons who meet
all of the criteria established by the State Board of
Education for secondary education.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
Sec. 21-14. Registration and renewal of certificates.
(a) A limited four-year certificate or a certificate
issued after July 1, 1955, shall be renewable at its
expiration or within 60 days thereafter by the county
superintendent of schools having supervision and control over
the school where the teacher is teaching upon certified
evidence of meeting the requirements for renewal as required
by this Act and prescribed by the State Board of Education in
consultation with the State Teacher Certification Board. An
elementary supervisory certificate shall not be renewed at
the end of the first four-year period covered by the
certificate unless the holder thereof has filed certified
evidence with the State Teacher Certification Board that he
has a master's degree or that he has earned 8 semester hours
of credit in the field of educational administration and
supervision in a recognized institution of higher learning.
The holder shall continue to earn 8 semester hours of credit
each four-year period until such time as he has earned a
master's degree.
All certificates not renewed or registered as herein
provided shall lapse after a period of 4 years from the
expiration of the last year of registration. Such
certificates may be reinstated for a one year period upon
payment of all accumulated registration fees. Such
reinstated certificates shall only be renewed: (1) by earning
5 semester hours of credit in a recognized institution of
higher learning in the field of professional education or in
courses related to the holder's contractual teaching duties;
or (2) by presenting evidence of holding a valid regular
certificate of some other type. Any certificate may be
voluntarily surrendered by the certificate holder. A
voluntarily surrendered certificate shall be treated as a
revoked certificate.
(b) When those teaching certificates issued before July
January 1, 1999 are renewed for the first time after July
January 1, 1999, all such teaching certificates shall be
exchanged for Standard Teaching Certificates as provided in
subsection (c) of Section 21-2. All Initial and Standard
Teaching Certificates, including those issued to persons who
previously held teaching certificates issued before July
January 1, 1999, shall be renewable under the conditions set
forth in this subsection (b).
Initial Teaching Certificates are nonrenewable and are
valid for 4 years of teaching. Standard Teaching
Certificates are renewable every 5 years as provided in
subsection (c) of Section 21-2.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
(105 ILCS 5/27-24.5) (from Ch. 122, par. 27-24.5)
Sec. 27-24.5. Submission of claims. Claims for
reimbursement under this Act shall be submitted in duplicate
by each district to the State Board prior to October
September 1 of each year on such forms and in such manner as
shall be prescribed by the State Board. Claims from the
1997-1998 school year that are received after September 1,
1998 but before October 1, 1998, and only these claims, shall
be paid in the same manner as if they were received before
September 1, 1998. In addition to the claim form, the
district shall report on forms prescribed by the State Board,
on an ongoing basis, a list of students by name, birth date
and sex, with the date the behind-the-wheel instruction or
the classroom instruction or both were completed and with the
status of the course completion. Such claim shall list the
name and age of each student, excluding each resident of the
district over age 55, for whom claim is made who finished
the entire course after July 1 of the preceding calendar year
and prior to July 1 of the year in which the claim is
submitted and the serial number of the driver's license held
by the student during the time he was enrolled in the course.
Such claim also shall list the name and age of each student,
excluding residents of the district over age 55, for whom
claim is made for such period for the classroom instruction
part only of such course and for the practice driving part of
such course.
The State shall not reimburse any district for any
student who has repeated any part of the course more than
once, or who did not hold such a valid license during the
period he was a student in the practice driving part of the
course, or who did not meet the age requirements of this Act
during the period that the student he was instructed a
student in any part of the drivers education course; nor
shall the State reimburse any district for any resident of
the district over age 55.
(Source: P.A. 88-9.)
(105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
Sec. 34-3. Chicago School Reform Board of Trustees; new
Chicago Board of Education; members; term; vacancies.
(a) Within 30 days after the effective date of this
amendatory Act of 1995, the terms of all members of the
Chicago Board of Education holding office on that date are
abolished and the Mayor shall appoint, without the consent or
approval of the City Council, a 5 member Chicago School
Reform Board of Trustees which shall take office upon the
appointment of the fifth member. The Chicago School Reform
Board of Trustees and its members shall serve until, and the
terms of all members of the Chicago School Reform Board of
Trustees shall expire on, June 30, 1999 or upon the
appointment of a new Chicago Board of Education as provided
in subsection (b), whichever is later. Any vacancy in the
membership of the Trustees shall be filled through
appointment by the Mayor, without the consent or approval of
the City Council, for the unexpired term. One of the members
appointed by the Mayor to the Trustees shall be designated by
the Mayor to serve as President of the Trustees. The Mayor
shall appoint a full-time, compensated chief executive
officer, and his or her compensation as such chief executive
officer shall be determined by the Mayor. The Mayor, at his
or her discretion, may appoint the President to serve
simultaneously as the chief executive officer.
(b) Within 30 days before the expiration of the terms of
the members of the Chicago Reform Board of Trustees as
provided in subsection (a), a new Chicago Board of Education
consisting of 7 members shall be appointed by the Mayor to
take office on the later of July 1, 1999 or the appointment
of the seventh member. Three of the members initially so
appointed under this subsection shall serve for terms ending
June 30, 2002, 4 of the members initially so appointed under
this subsection shall serve for terms ending June 30, 2003,
and each member initially so appointed shall continue to hold
office until his or her successor is appointed and qualified.
Thereafter at the expiration of the term of any member a
successor shall be appointed by the Mayor and shall hold
office for a term of 4 years, from July 1 of the year in
which the term commences and until a successor is appointed
and qualified. Any vacancy in the membership of the Chicago
Board of Education shall be filled through appointment by the
Mayor for the unexpired term. No appointment to membership
on the Chicago Board of Education that is made by the Mayor
under this subsection shall require the approval of the City
Council, whether the appointment is made for a full term or
to fill a vacancy for an unexpired term on the Board. The
board shall elect annually from its number a president and,
vice-president, and secretary, in such manner and at such
time as the board determines by its rules. The officers so
elected shall each perform the duties imposed upon their
respective office by the rules of the board, provided that
(i) the president shall preside at meetings of the board and
vote as any other member but have no power of veto, and (ii)
the vice president shall perform the duties of the president
if that office is vacant or the president is absent or unable
to act. The secretary of the Board shall be selected by the
Board and shall be an employee of the Board rather than a
member of the Board, notwithstanding subsection (d) of
Section 34-3.3. The duties of the secretary shall be imposed
by the rules of the Board.
(Source: P.A. 89-15, eff. 5-30-95.)
Section 10. The Illinois School Student Records Act is
amended by changing Section 4 as follows:
(105 ILCS 10/4) (from Ch. 122, par. 50-4)
(Text of Section before amendment by P.A. 90-590)
Sec. 4. (a) Each school shall designate an official
records custodian who is responsible for the maintenance,
care and security of all school student records, whether or
not such records are in his personal custody or control.
(b) The official records custodian shall take all
reasonable measures to prevent unauthorized access to or
dissemination of school student records.
(c) Information contained in or added to a school
student record shall be limited to information which is of
clear relevance to the education of the student.
(d) Information added to a student temporary record
after the effective date of this Act shall include the name,
signature and position of the person who has added such
information and the date of its entry into the record.
(e) Each school shall maintain student permanent records
and the information contained therein for not less than 60
years after the student has transferred, graduated or
otherwise permanently withdrawn from the school.
(f) No school shall maintain any student temporary
record or the information contained therein beyond its period
of usefulness to the student and the school, and in no case
longer than 5 years after the student has transferred,
graduated or otherwise permanently withdrawn from the school.
Notwithstanding the foregoing, a school may maintain
indefinitely anonymous information from student temporary
records for authorized research, statistical reporting or
planning purposes, provided that no student or parent can be
individually identified from the information maintained.
(g) The principal of each school or the person with like
responsibilities or his or her designate shall periodically
review each student temporary record for verification of
entries and elimination or correction of all inaccurate,
misleading, unnecessary or irrelevant information. The State
Board shall issue regulations to govern the periodic review
of the student temporary records and length of time for
maintenance of entries to such records.
(h) Before any school student record is destroyed or
information deleted therefrom, the parent shall be given
reasonable prior notice at his or her last known address in
accordance with regulations adopted by the State Board and an
opportunity to copy the record and information proposed to be
destroyed or deleted.
(i) No school shall be required to separate permanent
and temporary school student records of a student not
enrolled in such school on or after the effective date of
this Act or to destroy any such records, or comply with the
provisions of paragraph (g) of this Section with respect to
such records, except (1) in accordance with the request of
the parent that any or all of such actions be taken in
compliance with the provisions of this Act or (2) in
accordance with regulations adopted by the State Board.
(Source: P.A. 79-1108.)
(Text of Section after amendment by P.A. 90-590)
Sec. 4. (a) Each school shall designate an official
records custodian who is responsible for the maintenance,
care and security of all school student records, whether or
not such records are in his personal custody or control.
(b) The official records custodian shall take all
reasonable measures to prevent unauthorized access to or
dissemination of school student records.
(c) Information contained in or added to a school
student record shall be limited to information which is of
clear relevance to the education of the student.
(d) Information added to a student temporary record
after the effective date of this Act shall include the name,
signature and position of the person who has added such
information and the date of its entry into the record.
(e) Each school shall maintain student permanent records
and the information contained therein for not less than 60
years after the student has transferred, graduated or
otherwise permanently withdrawn from the school.
(f) Each school shall maintain student temporary records
and the information contained in those records for not less
than 5 years after the student has transferred, graduated, or
otherwise withdrawn from the school. However, student
temporary records shall not be disclosed except as provided
in Section 5 or 6 or by court order, notwithstanding the
provisions of Section 6. A school may maintain indefinitely
anonymous information from student temporary records for
authorized research, statistical reporting or planning
purposes, provided that no student or parent can be
individually identified from the information maintained.
(g) The principal of each school or the person with like
responsibilities or his or her designate shall periodically
review each student temporary record for verification of
entries and elimination or correction of all inaccurate,
misleading, unnecessary or irrelevant information. The State
Board shall issue regulations to govern the periodic review
of the student temporary records and length of time for
maintenance of entries to such records.
(h) Before any school student record is destroyed or
information deleted therefrom, the parent shall be given
reasonable prior notice at his or her last known address in
accordance with regulations adopted by the State Board and an
opportunity to copy the record and information proposed to be
destroyed or deleted.
(i) No school shall be required to separate permanent
and temporary school student records of a student not
enrolled in such school on or after the effective date of
this Act or to destroy any such records, or comply with the
provisions of paragraph (g) of this Section with respect to
such records, except (1) in accordance with the request of
the parent that any or all of such actions be taken in
compliance with the provisions of this Act or (2) in
accordance with regulations adopted by the State Board.
(Source: P.A. 90-590, eff. 1-1-00.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law, except that the provisions changing Section 4
of the Illinois School Student Records Act take effect
January 1, 1999.