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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/27A-5.5 (105 ILCS 5/27A-5.5) Sec. 27A-5.5. Charter school truancy. (a) A charter school shall comply with all applicable absenteeism and truancy policies and requirements applicable to public schools under the laws of the State of Illinois. (b) A charter school shall define a truant as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof. (c) A charter school shall define a chronic or habitual truant as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular attendance days. (d) A charter school shall define a truant minor as a chronic truant to whom supportive services, including prevention, diagnostic, intervention, and remedial services, alternative programs, and other school and community resources have been provided and have failed to result in the cessation of chronic truancy or have been offered and refused. (e) A charter school shall define a dropout as any child enrolled in grades 9 through 12 whose name has been removed from the charter school enrollment roster for any reason other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country.
(Source: P.A. 99-596, eff. 6-22-16.) |
105 ILCS 5/27A-6 (105 ILCS 5/27A-6) Sec. 27A-6. Contract contents; applicability of laws and regulations. (a) A certified charter shall constitute a binding contract and agreement between the charter school and a local school board under the terms of which the local school board authorizes the governing body of the charter school to operate the charter school on the terms specified in the contract. (b) Notwithstanding any other provision of this Article, the certified charter may not waive or release the charter school from the State goals, standards, and assessments established pursuant to Section 2-3.64a-5 of this Code. The certified charter for a charter school operating in a city having a population exceeding 500,000 shall require the charter school to administer any other nationally recognized standardized tests to its students that the chartering entity administers to other students, and the results on such tests shall be included in the chartering entity's assessment reports. (c) Subject to the provisions of subsection (e), a material revision to a previously certified contract or a renewal shall be made with the approval of both the local school board and the governing body of the charter school. (c-5) The proposed contract shall include a provision on how both parties will address minor violations of the contract. (c-10) After August 4, 2023 (the effective date of Public Act 103-416), any renewal of a certified charter must include a union neutrality clause. (d) The proposed contract between the governing body of a proposed charter school and the local school board as described in Section 27A-7 must be submitted to and certified by the State Board before it can take effect. If the State Board recommends that the proposed contract be modified for consistency with this Article before it can be certified, the modifications must be consented to by both the governing body of the charter school and the local school board, and resubmitted to the State Board for its certification. If the proposed contract is resubmitted in a form that is not consistent with this Article, the State Board may refuse to certify the charter. The State Board shall assign a number to each submission or resubmission in chronological order of receipt, and shall determine whether the proposed contract is consistent with the provisions of this Article. If the proposed contract complies, the State Board shall so certify. (e) No renewal of a previously certified contract is effective unless and until the State Board certifies that the renewal is consistent with the provisions of this Article. A material revision to a previously certified contract may go into effect immediately upon approval of both the local school board and the governing body of the charter school, unless either party requests in writing that the State Board certify that the material revision is consistent with the provisions of this Article. If such a request is made, the proposed material revision is not effective unless and until the State Board so certifies. (Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23; 103-605, eff. 7-1-24.) |
105 ILCS 5/27A-6.5
(105 ILCS 5/27A-6.5)
Sec. 27A-6.5. Charter school referendum.
(a) No charter shall go into effect under this Section that would convert any
existing private, parochial, or non-public school to a charter school or whose
proposal has not been
certified by the State Board.
(b) A local school board shall, whenever petitioned to do so by 5% or more
of
the
voters of a school district or districts identified in a charter school
proposal, order submitted to the voters thereof at a
regularly scheduled
election the question of whether a new charter school shall be established,
which
proposal
has been found by the State Board to be in compliance with the
provisions of this Article,
and the secretary shall certify the proposition to the proper election
authorities
for submission in accordance with the general election law. The proposition
shall be in
substantially the following form:
"FOR the establishment of (name of proposed charter | | school) under charter school proposal (charter school proposal number).
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AGAINST the establishment of (name of proposed
| | charter school) under charter school proposal (charter school proposal number)".
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(c) Before circulating a petition to submit the question of whether to
establish a charter school to the voters under subsection (b) of this Section,
the governing body of a
proposed charter
school
that desires to establish a
new charter
school by referendum shall submit the charter school proposal to
the State Board
in the form of a proposed contract to be entered into
between the State Board
and the governing body of the proposed charter school, together with written notice of the intent to have
a new charter school established by referendum.
The contract shall comply with the provisions of this Article.
If the State Board finds that the proposed contract complies with the
provisions
of this Article, it
shall
immediately
direct the
local school board to notify the proper
election authorities that the question of whether to establish a new charter
school
shall be submitted for referendum.
(d) If the State Board finds that the proposal fails to comply with the
provisions of this Article, it shall provide
written explanation, detailing its reasons for refusal, to the local school
board and
to the individuals or organizations submitting the proposal. The State Board shall also notify the local school board and the individuals or
organizations submitting the proposal that the proposal may be amended and
resubmitted under the same provisions required for an original submission.
(e) If a majority of the votes cast upon the proposition in each school
district designated in the charter school proposal is in favor of
establishing
a charter school, the local school board shall notify the State Board of
the
passage of
the proposition in favor of establishing a charter school and the State Board
shall approve the charter within 7 days
after
the State Board of Elections has certified that a
majority
of the votes cast upon the proposition is in favor of establishing a charter
school. The State Board shall be the chartering entity for charter
schools established by referendum under this Section.
(f) (Blank).
(Source: P.A. 101-543, eff. 8-23-19.)
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105 ILCS 5/27A-7 (105 ILCS 5/27A-7) Sec. 27A-7. Charter submission. (a) A proposal to establish a charter school shall be submitted to the local school board and the State Board for certification under Section 27A-6 of this Code in the form of a proposed contract entered into between the local school board and the governing body of a proposed charter school. The charter school proposal shall include: (1) The name of the proposed charter school, which | | must include the words "Charter School".
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| (2) The age or grade range, areas of focus, minimum
| | and maximum numbers of pupils to be enrolled in the charter school, and any other admission criteria that would be legal if used by a school district.
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| (3) A description of and address for the physical
| | plant in which the charter school will be located; provided that nothing in the Article shall be deemed to justify delaying or withholding favorable action on or approval of a charter school proposal because the building or buildings in which the charter school is to be located have not been acquired or rented at the time a charter school proposal is submitted or approved or a charter school contract is entered into or submitted for certification or certified, so long as the proposal or submission identifies and names at least 2 sites that are potentially available as a charter school facility by the time the charter school is to open.
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| (4) The mission statement of the charter school,
| | which must be consistent with the General Assembly's declared purposes; provided that nothing in this Article shall be construed to require that, in order to receive favorable consideration and approval, a charter school proposal demonstrate unequivocally that the charter school will be able to meet each of those declared purposes, it being the intention of the Charter Schools Law that those purposes be recognized as goals that charter schools must aspire to attain.
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| (5) The goals, objectives, and pupil performance
| | standards to be achieved by the charter school.
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| (6) In the case of a proposal to establish a charter
| | school by converting an existing public school or attendance center to charter school status, evidence that the proposed formation of the charter school has received the approval of certified teachers, parents and guardians, and, if applicable, a local school council as provided in subsection (b) of Section 27A-8.
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| (7) A description of the charter school's educational
| | program, pupil performance standards, curriculum, school year, school days, and hours of operation.
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| (8) A description of the charter school's plan for
| | evaluating pupil performance, the types of assessments that will be used to measure pupil progress toward achievement of the school's pupil performance standards, the timeline for achievement of those standards, and the procedures for taking corrective action in the event that pupil performance at the charter school falls below those standards.
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| (9) Evidence that the terms of the charter as
| | proposed are economically sound for both the charter school and the school district, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, are to be conducted, and a plan for the displacement of pupils, teachers, and other employees who will not attend or be employed in the charter school.
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| (10) A description of the governance and operation of
| | the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school.
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| (11) An explanation of the relationship that will
| | exist between the charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representative, if any. However, a bargaining unit of charter school employees shall be separate and distinct from any bargaining units formed from employees of a school district in which the charter school is located.
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| (12) An agreement between the parties regarding their
| | respective legal liability and applicable insurance coverage.
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| (13) A description of how the charter school plans to
| | meet the transportation needs of its pupils, and a plan for addressing the transportation needs of low-income and at-risk pupils.
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| (14) The proposed effective date and term of the
| | charter; provided that the first day of the first academic year shall be no earlier than August 15 and no later than September 15 of a calendar year, and the first day of the fiscal year shall be July 1.
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| (14.5) Disclosure of any known active civil or
| | criminal investigation by a local, state, or federal law enforcement agency into an organization submitting the charter school proposal or a criminal investigation by a local, state, or federal law enforcement agency into any member of the governing body of that organization. For the purposes of this subdivision (14.5), a known investigation means a request for an interview by a law enforcement agency, a subpoena, an arrest, or an indictment. Such disclosure is required for a period from the initial application submission through 10 business days prior to the authorizer's scheduled decision date.
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| (14.7) A union neutrality clause.
(15) Any other information reasonably required by the
| | (b) A proposal to establish a charter school may be initiated by individuals or organizations that will have majority representation on the board of directors or other governing body of the corporation or other discrete legal entity that is to be established to operate the proposed charter school, by a board of education or an intergovernmental agreement between or among boards of education, or by the board of directors or other governing body of a discrete legal entity already existing or established to operate the proposed charter school. The individuals or organizations referred to in this subsection may be school teachers, school administrators, local school councils, colleges or universities or their faculty members, public community colleges or their instructors or other representatives, corporations, or other entities or their representatives. The proposal shall be submitted to the local school board for consideration and, if appropriate, for development of a proposed contract to be submitted to the State Board for certification under Section 27A-6.
(c) The local school board may not without the consent of the governing body of the charter school condition its approval of a charter school proposal on acceptance of an agreement to operate under State laws and regulations and local school board policies from which the charter school is otherwise exempted under this Article.
(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23; 103-605, eff. 7-1-24.)
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105 ILCS 5/27A-7.5 (105 ILCS 5/27A-7.5) Sec. 27A-7.5. State Charter School Commission; abolition and transfer to State Board; fee. (a) (Blank). (a-5) (Blank). (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (g-5) (Blank). (h) (Blank). (i) (Blank). (j) The State Board may charge a charter school that it authorizes a fee not to exceed 3% of the revenue provided to the school to be used exclusively for covering the cost of authorizing activities. Authorizing activities may include, but are not limited to: (i) soliciting, reviewing, and taking action on charter school proposals; (ii) hiring, training, and supervising staff engaged in authorizing activities; (iii) developing and conducting oversight, including regular monitoring, of authorized charter schools; (iv) reporting on best practices and performances of charter schools; (v) applying for, managing, and distributing grants and funds appropriated for charter schools and authorizing activities; (vi) training members of the State Board on their authorizing roles; and (vii) training other employees of the State Board on how to work with charter schools as their own local education agencies. (k) On July 1, 2020, the State Charter School Commission or "Commission" (established by Public Act 97-152 as an independent State agency with statewide chartering jurisdiction and authority) is abolished and the terms of all members end. On that date, all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board. For purposes of the Successor Agency Act and Section 9b of the State Finance Act, the State Board is declared to be the successor agency of the Commission. Beginning on July 1, 2020, references in statutes, rules, forms, and other documents to the Commission shall, in appropriate contexts, be deemed to refer to the State Board. Standards and procedures of the Commission in effect on July 1, 2020 shall be deemed standards and procedures of the State Board and shall remain in effect until amended or repealed by the State Board. On July 1, 2020, any charter school authorized by the Commission prior to July 1, 2020 shall have its authorization transferred to the State Board, which shall then become the school's authorizer for all purposes under this Article. On July 1, 2020, all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission as the school's authorizer must be transferred to the State Board. At the end of its charter term, a charter school may reapply to the board or boards for authorization. On July 1, 2020, all rules of the State Board applicable to matters falling within the responsibility of the Commission shall be applicable to the actions of the State Board. (l) In any appeal filed with the State Board under this Article, both the applicant and the authorizing school district of the charter school shall have the right to request a hearing before the State Board. If more than one entity requests a hearing, then the State Board may hold only one hearing, wherein the applicant and the school district shall have an equal opportunity to present their respective positions.
(Source: P.A. 103-175, eff. 6-30-23.) |
105 ILCS 5/27A-7.10 (105 ILCS 5/27A-7.10) Sec. 27A-7.10. Authorizer powers and duties; immunity; principles and standards. (a) Authorizers are responsible for executing, in accordance with this Article, all of the following powers and duties: (1) Soliciting and evaluating charter applications. (2) Approving quality charter applications that meet | | identified educational needs and promote a diversity of educational choices.
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| (3) Declining to approve weak or inadequate charter
| | (4) Negotiating and executing sound charter contracts
| | with each approved charter school.
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| (5) Monitoring, in accordance with charter contract
| | terms, the performance and legal compliance of charter schools.
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| (6) Determining whether each charter contract merits
| | renewal, nonrenewal, or revocation.
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| (b) An authorizing entity may delegate its duties to officers, employees, and contractors.
(c) Regulation by authorizers is limited to the powers and duties set forth in subsection (a) of this Section and must be consistent with the spirit and intent of this Article.
(d) An authorizing entity, members of the local school board, the State Board, in its official capacity, and employees of an authorizer are immune from civil and criminal liability with respect to all activities related to a charter school that they authorize, except for willful or wanton misconduct.
(e) The State Board and all local school boards that have a charter school operating are required to develop and maintain chartering policies and practices consistent with recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including all of the following:
(1) Organizational capacity and infrastructure.
(2) Soliciting and evaluating charter applications
| | (3) Performance contracting.
(4) Ongoing charter school oversight and evaluation.
(5) Charter renewal decision-making.
Authorizers shall carry out all their duties under this Article in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this Article.
(Source: P.A. 103-175, eff. 6-30-23.)
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105 ILCS 5/27A-8
(105 ILCS 5/27A-8)
Sec. 27A-8. Evaluation of charter proposals.
(a) This Section does not apply to a charter school established by
referendum under
Section 27A-6.5.
In evaluating any charter
school proposal submitted to it, the local school board shall give preference
to proposals that:
(1) demonstrate a high level of local pupil, | | parental, community, business, and school personnel support;
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(2) set rigorous levels of expected pupil achievement
| | and demonstrate feasible plans for attaining those levels of achievement; and
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(3) are designed to enroll and serve a substantial
| | proportion of at-risk children; provided that nothing in the Charter Schools Law shall be construed as intended to limit the establishment of charter schools to those that serve a substantial portion of at-risk children or to in any manner restrict, limit, or discourage the establishment of charter schools that enroll and serve other pupil populations under a nonexclusive, nondiscriminatory admissions policy.
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(b) In the case of a proposal to establish a charter school by converting an
existing public school or attendance center to charter school status, evidence
that the proposed formation of the charter school has received majority support
from certified teachers and from parents and guardians in the school or
attendance center affected by the proposed charter, and, if applicable, from a
local school council, shall be demonstrated by a petition in support of the
charter school signed by certified teachers and a petition in support of the
charter school signed by parents and guardians and, if applicable, by a vote of
the local school council held at a public meeting. In the case of all other
proposals to establish a charter school, evidence of sufficient support to fill
the number of pupil seats set forth in the proposal may be
demonstrated by a
petition in support of the charter school signed by parents and guardians of
students eligible to attend the charter school.
In all cases, the individuals, organizations, or entities who initiate
the proposal to establish a charter school may elect, in lieu of including any
petition referred to in this subsection as a part of the proposal submitted to
the local school board, to demonstrate that the charter school has
received the support referred to in this subsection by other evidence and
information presented at the public meeting that the local school board is
required to convene under this Section.
(c) Within 45 days of receipt of a charter school proposal, the local school
board shall convene a public meeting to obtain information to assist the board
in its decision to grant or deny the charter school proposal. A local school board may develop its own process for receiving charter school proposals on an annual basis that follows the same timeframes as set forth in this Article. Final decisions of a local school board are subject to judicial review under the Administrative Review Law.
(d) Notice of the public meeting required by this Section shall be published
in a community newspaper published in the school district in which the proposed
charter is located and, if there is no such newspaper, then in a newspaper
published in the county and having circulation in the school district. The
notices shall be published not more than 10 days nor less than 5 days before
the meeting and shall state that information regarding a charter school
proposal will be heard at the meeting. Copies of the notice shall also be
posted at appropriate locations in the school or attendance center proposed to
be established as a charter school, the public schools in the school district,
and the local school board office.
(e) Within 30 days of the public meeting, the local school board shall vote,
in a public meeting, to either grant or deny the charter school proposal.
(f) Within 7 days of the public meeting required under subsection (e) of this Section, the
local school board shall file a report with the State Board
granting or denying the proposal.
If the local school board has approved the proposal, within 30 days of receipt of the local school board's
report, the State Board shall determine whether the approved charter
proposal is consistent with the
provisions of this Article and, if the approved proposal
complies,
certify the proposal pursuant to Section 27A-6.
(g) (Blank).
(h) (Blank).
(i) (Blank).
(Source: P.A. 101-543, eff. 8-23-19.)
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105 ILCS 5/27A-9
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) An initial charter shall be granted for a period of 5
school years. A charter may be renewed in incremental periods not to exceed 10 school years. Authorizers shall ensure that every charter granted on or after January 1, 2017 includes standards and goals for academic, organizational, and financial performance. A charter must meet all standards and goals for academic, organizational, and financial performance set forth by the authorizer in order to be renewed for a term in excess of 5 years but not more than 10 years. If an authorizer fails to establish standards and goals, a charter shall not be renewed for a term in excess of 5 years. Nothing contained in this Section shall require an authorizer to grant a full 10-year renewal term to any particular charter school, but an authorizer may award a full 10-year renewal term to charter schools that have a demonstrated track record of improving student performance.
(b) A charter school renewal proposal submitted to the
local school board or the State Board, as the chartering entity,
shall contain:
(1) a report on the progress of the charter school in | | achieving the goals, objectives, pupil performance standards, content standards, and other terms of the initial approved charter proposal; and
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(2) a financial statement that discloses the costs of
| | administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow comparison of those costs to other schools or other comparable organizations, in a format required by the State Board.
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(c) A charter may be revoked
or not renewed if the local school board or the State Board, as the chartering
entity,
clearly demonstrates that the
charter school did any of the
following, or otherwise failed to comply with the requirements of this law:
(1) Committed a material violation of any of the
| | conditions, standards, or procedures set forth in the charter.
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(2) Failed to meet or make reasonable progress toward
| | achievement of the content standards or pupil performance standards identified in the charter.
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(3) Failed to meet generally accepted standards of
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(4) Violated any provision of law from which the
| | charter school was not exempted.
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In the case of revocation, the local school board or the State Board, as the chartering entity, shall notify the charter school in writing of the reason why the charter is subject to revocation. The charter school shall submit a written plan to the local school board or the State Board, whichever is applicable, to rectify the problem. The plan shall include a timeline for implementation, which shall not exceed 2 years or the date of the charter's expiration, whichever is earlier. If the local school board or the State Board, as the chartering entity, finds that the charter school has failed to implement the plan of remediation and adhere to the timeline, then the chartering entity shall revoke the charter. Except in situations of an emergency where the health, safety, or education of the charter school's students is at risk, the revocation shall take place at the end of a school year. Nothing in this Section shall be construed to prohibit an implementation timetable that is less than 2 years in duration. No local school board may arbitrarily or capriciously revoke or not renew a charter. Except for extenuating circumstances outlined in this Section, if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are placed in schools that are higher performing than that charter school, as defined in the State's federal Every Student Succeeds Act accountability plan. In determining whether extenuating circumstances exist, a local school board must detail, by clear and convincing evidence, that factors unrelated to the charter school's accountability designation outweigh the charter school's academic performance.
(d) (Blank).
(e) Notice of a local school board's decision to
deny, revoke, or not
renew a charter shall be provided to the State Board.
The State Board may reverse a local board's decision to revoke or not renew a charter if the State Board finds
that the charter school or charter school proposal (i) is in compliance with
this Article and (ii) is in the best interests of the students it is designed
to serve.
The State Board may condition the granting of an appeal on the acceptance by
the charter school of funding in an amount less than that requested in the
proposal submitted to the local school board.
The State Board must appoint and utilize a hearing officer for any appeals conducted under this subsection. Final decisions of the State Board are subject
to judicial review under the Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if the State Board
on appeal reverses a local board's decision
or if a charter school is
approved by referendum,
the State Board
shall act as the
authorized chartering entity for the charter school and shall perform all functions
under this
Article otherwise performed by the local school
board. The State Board shall
report the aggregate number of charter school pupils resident in a school
district to that district
and shall notify the district
of the amount of
funding to be paid by the State Board to the charter school enrolling such
students. The charter school shall maintain accurate records of daily attendance and student enrollment and shall enter data on the students served, their characteristics, their particular needs, the programs in which they participate, and their academic achievement into the statewide student information system established by the State Board.
The State Board shall withhold from funds otherwise due the district
the funds authorized by this Article to be paid to the charter school and shall
pay such amounts to the charter school in quarterly installments, calculated as follows:
(1) The amount of the first quarterly payment shall
| | be based on the projected number of students who will be enrolled in the charter school in the upcoming school year, multiplied by one-fourth of the resident district's per capita tuition amount. Each charter school shall submit its projected enrollment by no later than August 1 of each year on a form provided by the State Board for this purpose.
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| (2) The amount of the second quarterly payment shall
| | be calculated such that the aggregate amount of the first and second quarterly installments is equal to the number of students reported as enrolled at the charter school on October 1 in the State Board's student information system, multiplied by one-half of the resident district's per capita tuition amount.
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| (3) The amount of the third quarterly payment shall
| | be based on the number of students enrolled in the charter school on January 1, multiplied by one-fourth of the resident district's per capita tuition amount. Each charter school shall submit its January 1 enrollment by no later than January 5 of each year on a form provided by the State Board for this purpose.
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| (4) The amount of the fourth quarterly payment shall
| | be calculated such that the aggregate amount of the third and fourth installments is equal to the number of students reported as enrolled at the charter school on March 1 in the State Board's student information system, multiplied by one-half of the resident district's per capita tuition amount.
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| (g) (Blank).
(h) The State Board shall pay directly to a charter school it authorizes any federal or State funding attributable to a student with a disability attending the school.
(Source: P.A. 103-175, eff. 6-30-23.)
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105 ILCS 5/27A-10
(105 ILCS 5/27A-10)
Sec. 27A-10. Employees.
(a) A person shall be deemed to be employed by a charter school unless a
collective bargaining agreement or the charter school
contract otherwise provides.
(b) In all school districts, including special charter districts and
districts located in
cities having a population exceeding 500,000, the local school board shall
determine by policy or by negotiated
agreement, if one exists, the employment status of any school district
employees who are employed by a charter school and who seek to return to
employment in the public
schools of the district. Each local school board shall grant, for a period of
up to 5 years, a leave of absence to those of its teachers who accept
employment with a charter school. At the end of the authorized leave of
absence, the teacher must return to the school district or resign; provided that if the teacher chooses to return to the school district, the
teacher must be assigned to a position that requires the teacher's licensure
and legal qualifications. The
contractual
continued service status and retirement benefits of a
teacher of the district who is granted a leave of absence to accept employment
with a charter school shall not be affected by that leave of absence.
(c) Charter schools shall employ in instructional positions, as defined in
the charter, individuals who are licensed under Article 21B of this
Code or who possess the following qualifications:
(i) graduated with a bachelor's degree from an | | accredited institution of higher learning;
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(ii) been employed for a period of at least 5 years
| | in an area requiring application of the individual's education;
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(iii) passed a content area knowledge test required
| | under Section 21B-30 of this Code; and
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(iv) demonstrate continuing evidence of professional
| | growth, which shall include, but not be limited to, successful teaching experience, attendance at professional meetings, membership in professional organizations, additional credits earned at institutions of higher learning, travel specifically for educational purposes, and reading of professional books and periodicals.
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(c-5) Charter schools employing individuals without licensure in
instructional positions shall provide such mentoring, training, and staff
development for those individuals as the charter schools determine necessary
for satisfactory performance in the classroom.
(c-10) At least 75% of the individuals employed in instructional positions by the charter school shall hold teaching licenses issued under Article 21B of this Code. Charter schools may employ non-licensed staff in all other positions.
(c-15) Charter schools are
exempt from any annual cap on new
participants in an alternative educator licensure program. The second
and third phases of the program may
be conducted and completed at the charter school, and the
alternative provisional educator endorsement is valid for 4 years or the length
of the charter (or any extension of the charter), whichever is longer.
(d) A teacher at a charter school may resign his or her position only if
the teacher gives notice of resignation to the charter school's governing body
at least 60 days before the end of the school term, and the resignation must
take effect immediately upon the end of the school term.
(Source: P.A. 103-175, eff. 6-30-23.)
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105 ILCS 5/27A-10.5 (105 ILCS 5/27A-10.5) Sec. 27A-10.5. Educational or charter management organization. (a) In this Section: "CMO" means a charter management organization. "EMO" means an educational management organization. (b) All authorizers shall ensure that any charter school established on or after January 1, 2015 has a governing body that is separate and distinct from the governing body of any CMO or EMO. In reviewing charter applications and charter renewal applications, authorizers shall review the governance model proposed by the applicant to ensure that there are no conflicts of interest. (c) No charter school may employ a staff person who is simultaneously employed by an EMO or CMO.
(Source: P.A. 103-175, eff. 6-30-23.) |
105 ILCS 5/27A-10.10 (105 ILCS 5/27A-10.10) Sec. 27A-10.10. Closure of charter school; unspent public funds; procedures for the disposition of property and assets. (a) Upon the closing of a charter school authorized by one or more local school boards, the governing body of the charter school or its designee shall refund to the chartering entity or entities all unspent public funds. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets received by the charter school directly from any State or federal agency shall be refunded to or revert back to that State or federal agency, respectively. (b) Upon the closing of a charter school authorized by the State Board, the governing body of the charter school or its designee shall refund all unspent public funds to the State Board. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws its enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets provided by a State agency other than the State Board or by a federal agency shall be refunded to or revert back to that State or federal agency, respectively.
(c) If a determination is made to close a charter school located within the boundaries of a school district organized under Article 34 of this Code for at least one school year, the charter school shall give at least 60 days' notice of the closure to all affected students and parents or legal guardians. (Source: P.A. 103-175, eff. 6-30-23.) |
105 ILCS 5/27A-11
(105 ILCS 5/27A-11)
Sec. 27A-11. Local financing.
(a) For purposes of the School Code, pupils enrolled in a charter school
shall be included in the pupil enrollment of the school district within which
the
pupil resides. Each charter school (i) shall determine the school district in
which each pupil who is enrolled in the charter school resides,
(ii) shall
report the aggregate number of pupils resident of a school district who are
enrolled in the charter school to the school district in which those pupils
reside, and (iii) shall maintain accurate records of daily attendance that
shall be deemed sufficient to file claims under Section 18-8.15 notwithstanding
any other requirements of that Section regarding hours of instruction and
teacher licensure.
(b) Except for a charter school established by referendum under Section
27A-6.5, as part of a charter school contract, the charter school and the
local
school board shall agree on funding and any services to be provided by the
school district to the charter school.
Agreed funding that a charter school is to receive from the local school
board for a school year shall be paid in
equal quarterly installments with the payment of the
installment for the first quarter being made not later than July 1, unless the
charter establishes a different payment schedule. However, if a charter school dismisses a pupil from the charter school after receiving a quarterly payment, the charter school shall return to the school district, on a quarterly basis, the prorated portion of public funding provided for the education of that pupil for the time the student is not enrolled at the charter school. Likewise, if a pupil transfers to a charter school between quarterly payments, the school district shall provide, on a quarterly basis, a prorated portion of the public funding to the charter school to provide for the education of that pupil.
All services centrally or otherwise provided by the school district
including, but not limited to, rent, food services, custodial services,
maintenance,
curriculum, media services, libraries, transportation, and warehousing shall be
subject to
negotiation between a charter school and the local school board and paid
for out
of the revenues negotiated pursuant to this subsection (b); provided that the
local school board shall not attempt, by negotiation or otherwise, to obligate
a charter school to provide pupil transportation for pupils for whom a district
is not required to provide transportation under the criteria set forth in
subsection (a)(13) of Section 27A-7.
In no event shall the funding be less than 97% or more than 103%
of the
school district's per capita student tuition multiplied by
the
number of students residing in the district who are enrolled in the charter
school.
It is the intent of the General Assembly that funding and service agreements
under this subsection (b) shall be neither a financial incentive nor a
financial disincentive to the establishment of a charter school.
The charter school may set and collect reasonable fees. Fees collected
from students enrolled at a charter school shall be retained
by the charter school.
(c) Notwithstanding subsection (b) of this Section, the proportionate share
of State and federal resources generated by students with disabilities or staff
serving them shall be directed to charter schools enrolling those students by
their school districts or administrative units. The proportionate share of
moneys generated under other federal or State categorical aid programs shall be
directed to charter schools serving students eligible for that aid.
(d) The governing body of a charter school is authorized to accept
gifts,
donations, or grants of any kind made to the charter school and to expend or
use gifts, donations, or grants in accordance with the conditions prescribed by
the donor; however, a gift, donation, or grant may not be accepted by the
governing body if it is subject to any condition contrary to applicable law or
contrary
to the terms of the contract between the charter school and the local school
board. Charter schools shall be encouraged to solicit and utilize community
volunteer speakers and other instructional resources when providing instruction
on the Holocaust and other historical events.
(e) (Blank).
(f) (Blank).
(g) At the non-renewal or revocation of its charter, each
charter school
shall refund to the local board of education all unspent funds.
(h) A charter school is authorized to incur temporary, short
term debt to
pay operating expenses in anticipation of receipt of funds from the local
school board.
(Source: P.A. 103-175, eff. 6-30-23.)
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105 ILCS 5/27A-11.5 (105 ILCS 5/27A-11.5) Sec. 27A-11.5. State financing. The State Board shall make the following funds available to school districts and charter schools: (1) From a separate appropriation made to the State | | Board for purposes of this subdivision (1), the State Board shall make transition impact aid available to school districts that approve a new charter school. The amount of the aid shall equal 90% of the per capita funding paid to the charter school during the first year of its initial charter term, 65% of the per capita funding paid to the charter school during the second year of its initial term, and 35% of the per capita funding paid to the charter school during the third year of its initial term. This transition impact aid shall be paid to the local school board in equal quarterly installments, with the payment of the installment for the first quarter being made by August 1st immediately preceding the first, second, and third years of the initial term. The district shall file an application for this aid with the State Board in a format designated by the State Board. If the appropriation is insufficient in any year to pay all approved claims, the impact aid shall be prorated. If any funds remain after these claims have been paid, then the State Board may pay all other approved claims on a pro rata basis. Transition impact aid shall be paid for charter schools that are in the first, second, or third year of their initial term. Transition impact aid shall not be paid for any charter school that is proposed and created by one or more boards of education, as authorized under subsection (b) of Section 27A-7.
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| (2) From a separate appropriation made for the
| | purpose of this subdivision (2), the State Board shall make grants to charter schools to pay their start-up costs of acquiring educational materials and supplies, textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, furniture, and other equipment or materials needed during their initial term. The State Board shall annually establish the time and manner of application for these grants, which shall not exceed $250 per student enrolled in the charter school.
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| (3) The Charter Schools Revolving Loan Fund is
| | created as a special fund in the State treasury. Federal funds, such other funds as may be made available for costs associated with the establishment of charter schools in Illinois, and amounts repaid by charter schools that have received a loan from the Charter Schools Revolving Loan Fund shall be deposited into the Charter Schools Revolving Loan Fund, and the moneys in the Charter Schools Revolving Loan Fund shall be appropriated to the State Board and used to provide interest-free loans to charter schools. These funds shall be used to pay start-up costs of acquiring educational materials and supplies, textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, furniture, and other equipment or materials needed in the initial term of the charter school and for acquiring and remodeling a suitable physical plant, within the initial term of the charter school. Loans shall be limited to one loan per charter school and shall not exceed $750 per student enrolled in the charter school. A loan shall be repaid by the end of the initial term of the charter school. The State Board may deduct amounts necessary to repay the loan from funds due to the charter school or may require that the local school board that authorized the charter school deduct such amounts from funds due the charter school and remit these amounts to the State Board, provided that the local school board shall not be responsible for repayment of the loan. The State Board may use up to 3% of the appropriation to contract with a non-profit entity to administer the loan program.
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| (4) A charter school may apply for and receive,
| | subject to the same restrictions applicable to school districts, any grant administered by the State Board that is available for school districts.
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| If a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs.
(Source: P.A. 103-175, eff. 6-30-23; 103-605, eff. 7-1-24.)
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105 ILCS 5/27A-12
(105 ILCS 5/27A-12)
Sec. 27A-12. Evaluation; report. On or before September 30 of every odd-numbered year, all local school boards with at least one charter school shall submit to the State Board any information required by the State Board pursuant to applicable rule. On or before the second Wednesday in January of every even-numbered year, the State Board shall issue a report to the General Assembly and the Governor on its findings for the previous 2 school years. The State Board's report shall summarize all of the following: (1) The authorizer's strategic vision for chartering | | and progress toward achieving that vision.
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| (2) The academic and financial performance of all
| | operating charter schools overseen by the authorizer, according to the performance expectations for charter schools set forth in this Article.
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| (3) The status of the authorizer's charter school
| | portfolio, identifying all charter schools in each of the following categories: approved (but not yet open), operating, renewed, transferred, revoked, not renewed, voluntarily closed, or never opened.
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| (4) The authorizing functions provided by the
| | authorizer to the charter schools under its purview, including the authorizer's operating costs and expenses detailed in annual audited financial statements, which must conform with generally accepted accounting principles.
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Further, in the report required by this Section, the State
Board (i) shall
compare the performance of charter school pupils with the performance of
ethnically and economically comparable groups of pupils in other public schools
who are enrolled in academically comparable courses,
(ii) shall review information regarding the regulations and policies from
which
charter schools were released to determine if the exemptions assisted or
impeded
the charter schools in meeting their stated goals and objectives, and (iii)
shall
include suggested changes in State law necessary to strengthen charter schools.
In addition, the State Board shall undertake and report on periodic
evaluations of charter schools that include evaluations of student academic
achievement, the extent to which charter schools are accomplishing their
missions
and goals, the sufficiency of funding for charter schools, and the need for
changes in the approval process for charter schools.
Based on the information that the State Board receives from authorizers and the State Board's ongoing monitoring of both charter schools and authorizers, the State Board has the power to remove the power to authorize from any authorizer in this State if the authorizer does not demonstrate a commitment to high-quality authorization practices and, if necessary, revoke the chronically low-performing charters authorized by the authorizer at the time of the removal. The State Board shall adopt rules as needed to carry out this power, including provisions to determine the status of schools authorized by an authorizer whose authorizing power is revoked.
(Source: P.A. 103-175, eff. 6-30-23.)
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105 ILCS 5/27A-13
(105 ILCS 5/27A-13)
Sec. 27A-13. Rules. The State Board is authorized to adopt
any rules not inconsistent with this Article that it deems necessary to
implement and accomplish the purposes and provisions of this Article.
(Source: P.A. 103-175, eff. 6-30-23.)
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105 ILCS 5/27A-14 (105 ILCS 5/27A-14) Sec. 27A-14. (Repealed).
(Source: P.A. 96-105, eff. 7-30-09. Repealed internally, eff. 1-10-10.) |
105 ILCS 5/Art. 28
(105 ILCS 5/Art. 28 heading)
ARTICLE 28.
INSTRUCTIONAL MATERIALS
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105 ILCS 5/28-1
(105 ILCS 5/28-1) (from Ch. 122, par. 28-1)
Sec. 28-1. Copies and prices filed - Bond. No publisher or retail dealer shall offer any school instructional materials for
adoption, sale, or exchange in the State until it has complied with the
following conditions:
1. The publisher or retail dealer shall publish on | | its website by July 15 each year a sworn statement of the usual list price, the lowest net wholesale price, and the lowest net exchange price at which the material is sold or exchanged for old material on the same subject of like grade and kind but of a different series taken in part payment thereof.
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2. The publisher or retail dealer shall obtain a
| | bond payable to the People of the State of Illinois with a surety company authorized to do business in the State of Illinois as surety thereon of not less than $2,000 nor more than $10,000 conditioned as follows:
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(a) That the publisher or retail dealer will
| | furnish annually any of the materials listed on the sworn statement on its website to any school district and any school corporation in this State at the lowest net prices contained in the statements and that it will maintain said prices uniformly throughout the State.
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(b) That the publisher or retail dealer will
| | reduce such net prices in Illinois whenever they are reduced elsewhere in the United States, and shall publish on its website a sworn statement of reductions made elsewhere, so that at no time shall any instructional material so filed and listed by the publisher or retail dealer be sold in this State at a higher net price than is received for such material elsewhere in the United States.
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(c) The publisher or retail dealer shall not
| | enter into any understanding, agreement or combination to control the prices or to restrict competition in the sale of instructional materials.
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(Source: P.A. 101-17, eff. 6-14-19.)
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105 ILCS 5/28-2
(105 ILCS 5/28-2) (from Ch. 122, par. 28-2)
Sec. 28-2.
Approval of bond-Duration.
The bond required by Section 28-1 shall be approved by the Attorney
General and shall continue in force for 5 years after its filing, at or
before the expiration of which period a new bond shall be given or the
right to continue business within the State shall be forfeited.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/28-3
(105 ILCS 5/28-3)
Sec. 28-3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/28-4
(105 ILCS 5/28-4) (from Ch. 122, par. 28-4)
Sec. 28-4. Notice of violations - Proceedings for forfeiture of bond. The school board of each district wherein the instructional materials
listed under the provisions of this Article have been adopted shall
notify the State Board of Education
of any violation of any
of the conditions contained in said bond. The State Board of Education may
thereupon notify the person
guilty of the violation
and if such person disregards the notification and fails to comply with
the requirements of the contract, the State Board of Education may
institute legal proceedings for the forfeiture of the
bond.
(Source: P.A. 101-17, eff. 6-14-19.)
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105 ILCS 5/28-5
(105 ILCS 5/28-5) (from Ch. 122, par. 28-5)
Sec. 28-5.
Inducement to teacher or officer forbidden.
No person shall secure or attempt to secure the sale of any school
instructional materials in any school district by rewarding or promising to
reward any teacher or by securing for him any position in any other school.
No person shall offer to give any emolument, money or other valuable thing,
promise of work or any other inducement to any teacher or school officer
for any vote or promise of vote or for the use of his influence for any
school instructional materials to be used in this State.
This section does not prevent any person from submitting, or any school
officer or teacher from receiving, a reasonable number of copies of printed
instructional materials for examination with a view to obtaining
information as to the book or series of books for which such officer shall
give his vote.
(Source: P.A. 77-2180.)
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105 ILCS 5/28-6
(105 ILCS 5/28-6)
Sec. 28-6. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-7
(105 ILCS 5/28-7) (from Ch. 122, par. 28-7)
Sec. 28-7. Retail prices of books. It is unlawful for any retail dealer in textbooks to sell any books
listed on the sworn statement published on the retail dealer's website at a price to
exceed a 15% advance on the net prices as so listed.
(Source: P.A. 101-17, eff. 6-14-19.)
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105 ILCS 5/28-8 (105 ILCS 5/28-8) (from Ch. 122, par. 28-8) Sec. 28-8. Purchase by districts for resale at cost. School districts may purchase textbooks and electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the
prices listed on the sworn statement published on the retail dealer's website and sell
them to the pupils at the listed prices or at such prices as will
include the cost of transportation and handling. (Source: P.A. 101-17, eff. 6-14-19.) |
105 ILCS 5/28-9 (105 ILCS 5/28-9) (from Ch. 122, par. 28-9) Sec. 28-9. Purchase by districts - Designation of agent for sale. School districts may purchase out of contingent funds school
textbooks or electronic textbooks, instructional materials, and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the prices listed on the sworn statement published on the retail dealer's website and
may designate a retail dealer
or dealers to act as the agent of the district in selling them to
pupils. Such dealers shall at stated times make settlement with the
district for books sold. Such dealers shall not sell textbooks at prices
which exceed a 10% advance on the net prices as listed on the sworn statement. (Source: P.A. 101-17, eff. 6-14-19.) |
105 ILCS 5/28-10
(105 ILCS 5/28-10)
Sec. 28-10. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-11
(105 ILCS 5/28-11) (from Ch. 122, par. 28-11)
Sec. 28-11.
Penalties.
Any dealer who violates the provisions of Sections 28--7 or 28--9 shall
be guilty of a petty offense and shall be fined not less than $25 nor more
than $100.
Whoever violates any of the provisions of the foregoing sections of this
Article, except those of Sections 28--7 and 28--9, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 77-2267.)
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105 ILCS 5/28-12
(105 ILCS 5/28-12)
Sec. 28-12. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-13
(105 ILCS 5/28-13) (from Ch. 122, par. 28-13)
Sec. 28-13.
Districts adopting provisions for free textbooks.
The foregoing sections of this Article do not apply to school boards and
school districts that have adopted the subsequent provisions of this
Article.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/28-14
(105 ILCS 5/28-14) (from Ch. 122, par. 28-14)
Sec. 28-14. Free textbooks - Referendum - Ballot. Any school board may, and whenever petitioned so to do by 5% or more
of the voters of such district shall order submitted to the
voters thereof at a regular scheduled
election the question of
furnishing free school textbooks or electronic textbooks for the use of pupils attending the
public schools of the district, and the secretary shall certify the proposition
to the proper election authorities for submission in accordance with the
general election law. The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
FOR furnishing free textbooks or electronic textbooks in the public schools. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
AGAINST furnishing free textbooks or electronic textbooks in the public schools. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast upon the proposition
is in favor of furnishing free textbooks or electronic textbooks, the governing body shall
provide, furnish and sell them as provided in Section 28-15, but no
such books shall be sold until at least 1 year after the election. The
furnishing of free textbooks or electronic textbooks when so adopted shall not be discontinued
within 4 years, and thereafter only by a vote of the voters of the
district upon the same conditions and in substantially the same manner
as the vote for the adoption of free textbooks or electronic textbooks. No textbook or electronic textbook furnished
under the provisions of this Article shall contain any denominational or
sectarian matter.
(Source: P.A. 96-1403, eff. 7-29-10.)
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105 ILCS 5/28-15 (105 ILCS 5/28-15) (from Ch. 122, par. 28-15) Sec. 28-15. Textbooks provided and loaned to pupils-Sale to pupils. The governing body of every school district having voted in favor of
furnishing free textbooks or electronic textbooks under the provisions of Sections 28-14 through
28-19 shall provide, at the expense of the district, textbooks or electronic textbooks for use in
the public schools and loan them free to the pupils. Textbooks so furnished
shall remain the property of the school district. The governing body shall
also provide for the sale of such textbooks or electronic textbooks at cost to pupils of the
schools in the district wishing to purchase them for their own use. (Source: P.A. 96-1403, eff. 7-29-10 .) |
105 ILCS 5/28-16
(105 ILCS 5/28-16)
Sec. 28-16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-17
(105 ILCS 5/28-17)
Sec. 28-17. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-18
(105 ILCS 5/28-18) (from Ch. 122, par. 28-18)
Sec. 28-18.
Boards may jointly carry out law.
School boards of two or more districts may jointly carry out the
provisions of Sections 28-14 through 28-19.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/28-19
(105 ILCS 5/28-19) (from Ch. 122, par. 28-19)
Sec. 28-19.
Penalty for demanding or receiving money, promise or thing of value.
Whoever directly or indirectly, demands or receives any money, promise
or thing of value from any pupil, parent, guardian or caretaker of a pupil
for any book provided in this Article, except as provided in Section 28-15
shall be guilty of a Class B misdemeanor.
(Source: P.A. 77-2267 .)
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105 ILCS 5/28-19.1
(105 ILCS 5/28-19.1) (from Ch. 122, par. 28-19.1)
Sec. 28-19.1.
Any member of the public may inspect all text and instructional
material used in the public schools.
(Source: P.A. 81-625.)
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105 ILCS 5/28-19.2
(105 ILCS 5/28-19.2) (from Ch. 122, par. 28-19.2)
Sec. 28-19.2.
(a) No discrimination or punishment of any kind, including, but not limited to: the lowering of grades, exclusion from classes, or withholding of student records, transcripts or diplomas may be exercised against
a student because the student's parents or guardians are unable to purchase required textbooks
or instructional materials or to pay required fees.
(b) Any person who violates this Section is guilty of a petty offense.
(Source: P.A. 102-805, eff. 1-1-23 .)
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105 ILCS 5/28-19.5 (105 ILCS 5/28-19.5) Sec. 28-19.5. Funding for electronic format of textbooks. Notwithstanding any other provision of law, a school district may use funding received pursuant to this Code to purchase textbooks or instructional materials in an electronic format or hard-bound format and the technological equipment necessary to gain access to and use electronic textbooks or instructional materials if both of the following conditions are met: (1) It can ensure that each pupil will be provided | | with a copy of the instructional materials to use at school and at home.
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| (2) It will assist the pupil in comprehending the
| | Providing access to the materials at school and at home does not require the school district to purchase 2 sets of materials.
(Source: P.A. 96-1403, eff. 7-29-10.)
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105 ILCS 5/28-20 (105 ILCS 5/28-20) (from Ch. 122, par. 28-20) Sec. 28-20. Definitions. (a) For purposes of this Act the term instructional materials shall mean
both print and non-print materials, including electronic textbooks, that are used in the educational
process. (b) For purposes of this Article, "textbook" includes electronic or digital textbooks that are used for educational purposes. (Source: P.A. 96-1403, eff. 7-29-10.) |
105 ILCS 5/28-21 (105 ILCS 5/28-21) (from Ch. 122, par. 28-21) Sec. 28-21. The State Board of Education shall require each publisher
of any printed textbook or electronic textbook that is furnished at public expense under Sections 28-14
through 28-19 and is first published after July 19, 2006 to furnish, as provided in this Section, an accessible electronic file set of contracted print material to the National Instructional Materials Access Center, which shall then be available to the State Board of Education or its authorized user for the purpose of conversion to an accessible format for use by a child with a print disability and for distribution to local education agencies. An "accessible electronic file" means a file that conforms to specifications of the national file format adopted by the United States Department of Education. Other terms used in this Section shall be construed in compliance with the federal Individuals with Disabilities Education Act and related regulations. (Source: P.A. 101-17, eff. 6-14-19.) |
105 ILCS 5/Art. 28A
(105 ILCS 5/Art. 28A heading)
ARTICLE 28A. Education Purchasing Program.
(Source: P.A. 93-1036, eff. 9-14-04.) |
105 ILCS 5/28A-5 (105 ILCS 5/28A-5)
Sec. 28A-5. Definitions. In this Article: "State Board" means the State Board of Education. "Education purchasing contract" means a contract negotiated by the State Board, a local, State, or federal governmental entity, or a not-for-profit, for-profit, or cooperative entity that is certified under Section 28A-15 of this Code and made available to school districts.
"Master contract" means a contract designated as a statewide education master contract under Section 28A-15 of this Code.
"Program" means the education purchasing program created under this Article.
(Source: P.A. 93-1036, eff. 9-14-04.) |
105 ILCS 5/28A-10 (105 ILCS 5/28A-10)
Sec. 28A-10. Program created. The State Board shall create an education purchasing program. Under the program, the State Board shall designate itself or another entity to act as a State education purchasing entity to form and designate statewide education master contracts and to certify education purchasing contracts for key categories identified and defined by the State Board. The State education purchasing entity shall provide master contract and education purchasing contract information and pricing to school districts.
(Source: P.A. 93-1036, eff. 9-14-04.) |
105 ILCS 5/28A-15 (105 ILCS 5/28A-15)
Sec. 28A-15. Powers of State education purchasing entity. The State education purchasing entity shall have all of the following powers: (1) To select vendors and form contracts in | | accordance with the State's purchasing laws.
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| (2) To designate a contract as a statewide education
| | master contract for purposes of subsection (c) of Section 10-20.21 of this Code.
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| (3) To certify an education purchasing contract,
| | provided that the contract was entered into according to procedures and conditions that conform to applicable State purchasing laws, for purposes of subsection (d) of Section 10-20.21 of this Code.
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| (4) To facilitate the inter-district sale or
| | transfer of excess inventory or equipment.
|
| (5) To select and subsidize e-procurement tools to
| | be implemented within school districts.
|
|
(Source: P.A. 93-1036, eff. 9-14-04.)
|
105 ILCS 5/28A-20 (105 ILCS 5/28A-20)
Sec. 28A-20. Rules. The State Board or other State agency designated by the State Board may adopt rules to implement the program.
(Source: P.A. 93-1036, eff. 9-14-04.) |
105 ILCS 5/Art. 29
(105 ILCS 5/Art. 29 heading)
ARTICLE 29.
TRANSPORTATION
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105 ILCS 5/29-1
(105 ILCS 5/29-1) (from Ch. 122, par. 29-1)
Sec. 29-1.
Free
transportation of pupils.
School boards may provide free transportation for pupils, as prescribed
in Section 10-22.22.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/29-2
(105 ILCS 5/29-2) (from Ch. 122, par. 29-2)
Sec. 29-2.
Transportation of pupils less than one and one-half miles from school.
School boards may provide transportation for pupils living less than one
and one-half miles as measured by the customary route of travel from the
school attended and may make a charge for such transportation in an amount
of not to exceed the cost thereof, which shall include a reasonable
allowance for depreciation of the vehicles so used.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/29-3
(105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
Sec. 29-3. Transportation in school districts. School boards
of community consolidated districts, community unit
districts, consolidated districts, consolidated high school
districts, optional elementary unit districts, combined high school - unit districts, combined school districts if the combined district
includes any district which was previously required to provide
transportation, and any newly created elementary or high school districts resulting from a high school - unit conversion, a unit to dual conversion, or a multi-unit conversion if the newly created district includes any area that was previously required to provide transportation shall provide free transportation
for pupils residing at a distance of one and one-half miles or more from
any school to which they are assigned for attendance maintained within the
district, except for those pupils for whom the school board shall certify to
the State Board of Education that adequate transportation for the public is
available.
For the purpose of this Act 1 1/2 miles distance shall be from the exit
of the property where the pupil resides to the point where pupils are normally
unloaded at the school attended; such distance shall be measured by determining
the shortest distance on normally traveled roads or streets.
Such school board may comply with the provisions of this Section by
providing free transportation for pupils to and from an assigned school
and a pick-up point located not more than one and one-half miles from
the home of each pupil assigned to such point.
For the purposes of this Act "adequate transportation for the public"
shall be assumed to exist for such pupils as can reach school by
walking, one way, along normally traveled roads or streets
less than 1
1/2 miles irrespective of the distance the
pupil is transported by public transportation.
In addition to the other requirements of this Section, each school board may
provide free transportation for any pupil residing within 1 1/2 miles from the
school attended where conditions are such that walking, either to or from the
school to which a pupil is assigned for attendance or to or from a pick-up
point or bus stop, constitutes a serious hazard to the safety of the pupil
due to either (i) vehicular traffic or rail crossings or (ii) a course or pattern of criminal activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. Such transportation shall not
be provided if adequate transportation for the public is available.
The determination as to what constitutes a serious safety hazard shall
be made by the school board, in accordance with guidelines promulgated by
the Illinois Department of Transportation regarding vehicular traffic or rail crossings or in accordance with guidelines regarding a course or pattern of criminal activity, as determined by the local law enforcement agency, in consultation with the State
Superintendent of Education. A school board, on written petition of the
parent or guardian of a pupil for whom adequate transportation for the public
is alleged not to exist because the pupil is required to walk along normally
traveled roads or streets where walking is alleged to constitute a serious
safety hazard due to either (i) vehicular traffic or rail crossings or (ii) a course or pattern of criminal activity, or who is required to
walk between the
pupil's home and assigned school or between the pupil's home or assigned school
and a pick-up point or bus stop along roads or streets where walking is alleged
to constitute a serious safety hazard due to either (i) vehicular traffic or rail
crossings or (ii) a course or pattern of criminal activity, shall conduct a
study and make findings, which the Department of Transportation, with respect to vehicular traffic or rail crossings, or the State Board of Education, in consultation with the local law enforcement agency, with respect to a course or pattern of criminal activity, shall review
and approve
or disapprove as provided in this Section, to determine whether a serious
safety hazard exists as alleged in the petition. The
Department of Transportation shall review
the findings of the school board concerning vehicular traffic or rail crossings and shall approve or disapprove the school
board's determination that a serious safety hazard exists within 30 days
after the school board submits its findings to the Department of Transportation. The State Board of Education, in consultation with the local law enforcement agency, shall review the findings of the school board concerning a course or pattern of criminal activity and shall approve or disapprove the school board's determination that a serious safety hazard exists within 30 days after the school board submits its findings to the State Board. The school board
shall annually review the conditions and determine whether or not the hazardous conditions remain unchanged. The
State Superintendent of Education may request that the Illinois Department
of Transportation or the local law enforcement agency verify that the conditions have not changed. No action
shall lie against the school board, the State Superintendent of Education,
the Illinois Department of Transportation, the State Board of Education, or a local law enforcement agency for decisions made in accordance
with this Section. 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 the judicial
review of final administrative decisions of the Department of
Transportation, the State Board of Education, or a local law enforcement agency under this Section. At all points, except when otherwise mentioned in this Section, the local enforcement agency is authorized to determine what constitutes a course or pattern of criminal activity.
The changes made to this Section by this amendatory Act of the 100th General Assembly do not apply to a school district organized under Article 34 of this Code. (Source: P.A. 100-1142, eff. 11-28-18.)
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105 ILCS 5/29-3.1
(105 ILCS 5/29-3.1) (from Ch. 122, par. 29-3.1)
Sec. 29-3.1.
Transportation to and from school sponsored activities.
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from any school sponsored activities in which pupils of the
district participate, whether during the school year or not, and may make
a charge for such transportation in an amount not to exceed the cost
thereof, which may include a reasonable allowance for depreciation of the
vehicles so used. The school board may provide transportation for pupils on
bona fide field trips in Illinois or adjacent states.
(Source: P.A. 85-1148; 85-1389; 85-1440.)
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105 ILCS 5/29-3.2
(105 ILCS 5/29-3.2) (from Ch. 122, par. 29-3.2)
Sec. 29-3.2.
Transportation to and from activities of private schools.
The school board of any school district that provides transportation for
pupils to and from the public schools may, by agreement with the officials
of a non-public school, provide transportation, at times when the buses or
other conveyances are not needed for public school student transportation,
for students attending the non-public school to and from activities
sponsored by that school. Such a school board providing transportation
under this Section shall make a charge for furnishing that transportation
in an amount not less than the cost thereof, including a reasonable
allowance for the depreciation of each vehicle used in that transportation.
(Source: Laws 1967, p. 1228.)
|
105 ILCS 5/29-3.2a
(105 ILCS 5/29-3.2a) (from Ch. 122, par. 29-3.2a)
Sec. 29-3.2a.
Transportation to and from summer school sessions.)
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from school during that period of the calendar year not
embraced with the regular school term in which courses are taught for any
pupils of the district who might participate, and may make a charge for
such transportation in an amount not to exceed the cost thereof, which may
include a reasonable allowance for depreciation of the vehicles so
used; provided no charge shall be made for transportation of the types of
children defined in Sections 14-1.02 through 14-1.07 of this Act and school
boards providing such transportation shall be reimbursed pursuant to Section
14-13.01 of this Act.
(Source: P.A. 79-203.)
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105 ILCS 5/29-3.3
(105 ILCS 5/29-3.3) (from Ch. 122, par. 29-3.3)
Sec. 29-3.3.
Transportation for pupils of other districts.
The school board of any school district that provides transportation for
pupils to and from the public schools may, pursuant to agreement with the
school board of any other school district, provide transportation for
pupils of that district to and from activities sponsored by any public
school in that district, at times when buses or other conveyances used in
such transportation are not needed for transporting pupils of the school
district so providing that transportation. In providing such transportation
for pupils of another district, the school board shall charge an amount not
less than the cost of furnishing that transportation, including a
reasonable allowance for depreciation on each vehicle so used.
(Source: Laws 1967, p. 3480.)
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105 ILCS 5/29-3.4
(105 ILCS 5/29-3.4) (from Ch. 122, par. 29-3.4)
Sec. 29-3.4.
The school board of any school district may provide transportation
services to children participating in or adults who are attending organized recreational, cultural,
educational, and public service programs. The school board shall make a
charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable allowance for insurance premiums and depreciation of the vehicles
so used. This Section shall not apply if such transportation services are
offered by any public or private mass transit system engaged in the
business of transporting people within the county or counties in which the
school district is located in whole or in part and if such transit system
has received or will receive funds provided by the "Mass Transportation
Emergency Operating Assistance Act of 1973", adopted by the 78th General
Assembly, or which receives or will receive funds from any other enactment
of the General Assembly or from any unit of local government.
(Source: P.A. 79-506.)
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105 ILCS 5/29-3.5
(105 ILCS 5/29-3.5) (from Ch. 122, par. 29-3.5)
Sec. 29-3.5.
Other use of school buses.
The school board of any school district
may provide transportation services to any non-profit organization for recreational,
cultural,
educational, and public service programs operated by the organization for
the benefit of its members.
Transportation shall be provided to non-profit organizations during times
when the vehicles used are not
needed for the transportation of students between school and their homes.
The school board shall make
a charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable
allowance for depreciation of the vehicles used. The school board is authorized
to enter into contracts,
leases, or agreements covering the use of transportation by non-profit organizations.
The school board shall add to the charges made for the use of transportation
a reasonable amount to
cover any increase in insurance premiums incident to the use of transportation
by the organization.
Nothing in this Section shall be construed to terminate, either permanently
or temporarily, the
status of the vehicles used by the organization as school buses.
Nothing in this Section shall be construed to permit any
school district to provide transportation services in
competition with any mass transit carrier.
(Source: P.A. 79-656.)
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105 ILCS 5/29-4
(105 ILCS 5/29-4) (from Ch. 122, par. 29-4)
Sec. 29-4.
Pupils attending a charter school or nonpublic school.
The school
board of any school district that provides any school bus or conveyance
for transporting pupils to and from the public schools shall afford
transportation, without cost, for children who attend a charter school or
any school other
than a public school, who reside at least 1 1/2 miles from the school
attended, and who reside on or along the highway constituting the
regular route of such public school bus or conveyance, such
transportation to extend from some point on the regular route nearest or
most easily accessible to their homes to and from the school attended,
or to or from a point on such regular route which is nearest or most
easily accessible to the school attended by such children. Nothing
herein shall be construed to prevent high school districts from
transporting public or non-public elementary school pupils on a regular
route where deemed appropriate. The elementary district in which such
pupils reside shall enter into a contractual agreement with the high
school district providing the service, make payments accordingly, and
make claims to the State in the amount of such contractual payments.
The person in charge of any charter school or school other than a public
school shall
certify on a form to be provided by the State Superintendent of Education,
the names and addresses of pupils transported and when such
pupils were in attendance at the school. If any such children reside
within 1 1/2 miles from the school attended, the school board shall
afford such transportation to such children on the same basis as it
provides transportation for its own pupils residing within that distance
from the school attended.
Nothing herein shall be construed to preclude a school district from
operating separate regular bus routes, subject to the limitations of
this Section, for the benefit of children who attend a charter school or
any school other
than a public school where the operation of such routes is safer, more
economical and more efficient than if such school district were
precluded from operating separate regular bus routes.
If a school district is required by this Section to afford
transportation without cost for any child who is not a resident of the
district, the school district providing such transportation is entitled
to reimbursement from the school district in which the child resides for
the cost of furnishing that transportation, including a reasonable
allowance for depreciation on each vehicle so used. The school district
where the child resides shall reimburse the district providing the
transportation for such costs, by the 10th of each month or on such less
frequent schedule as may be agreed to by the 2 school districts.
(Source: P.A. 91-407, eff. 8-3-99.)
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105 ILCS 5/29-5 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) (Text of Section before amendment by P.A. 103-588 ) Sec. 29-5. Reimbursement by State for transportation. Any school
district, maintaining a school, transporting resident pupils to another
school district's vocational program, offered through a joint agreement
approved by the State Board of Education, as provided in Section
10-22.22 or transporting its resident pupils to a school which meets the
standards for recognition as established by the State Board of Education
which provides transportation meeting the standards of safety, comfort,
convenience, efficiency and operation prescribed by the State Board of
Education for resident pupils in kindergarten or any of grades 1 through
12 who: (a) reside at least 1 1/2 miles as measured by the customary route of
travel, from the school attended; or (b) reside in areas where conditions are
such that walking constitutes a hazard to the safety of the child when
determined under Section 29-3; and (c) are transported to the school attended
from pick-up points at the beginning of the school day and back again at the
close of the school day or transported to and from their assigned attendance
centers during the school day, shall be reimbursed by the State as hereinafter
provided in this Section.
The State will pay the prorated allowable cost of transporting eligible pupils less the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15 in a dual school district maintaining secondary
grades 9 to 12 inclusive times a qualifying rate of .05%; in elementary
school districts maintaining grades K to 8 times a qualifying rate of
.06%; and in unit districts maintaining grades K to 12, including partial elementary unit districts formed pursuant to Article 11E, times a qualifying
rate of .07%. To be eligible to receive reimbursement in excess of 4/5
of the cost to transport eligible pupils, a school district or partial elementary unit district formed pursuant to Article 11E shall have a
Transportation Fund tax rate of at least .12%. The Transportation Fund tax rate for a partial elementary unit district formed pursuant Article 11E shall be the combined elementary and high school rates pursuant to paragraph (4) of subsection (a) of Section 18-8.15. If a school district or partial elementary unit district formed pursuant to Article 11E
does not have a .12% Transportation Fund tax rate, the amount of its
claim in excess of 4/5 of the cost of transporting pupils shall be
reduced by the sum arrived at by subtracting the Transportation Fund tax
rate from .12% and multiplying that amount by the district's real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15, provided that in no case shall said reduction
result in reimbursement of less than 4/5 of the cost to transport
eligible pupils.
The minimum amount to be received by a district is $16 times the
number of eligible pupils transported.
When calculating the reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early education programs from the number of pupils eligible for reimbursement if the pupils enrolled in the early education programs are transported at the same time as other eligible pupils.
Any such district transporting resident pupils during the school day
to an area vocational school or another school district's vocational
program more than 1 1/2 miles from the school attended, as provided in
Sections 10-22.20a and 10-22.22, shall be reimbursed by the State for 4/5
of the cost of transporting eligible pupils.
School day means that period of time during which the pupil is required to be
in attendance for instructional purposes.
If a pupil is at a location within the school district other than his
residence for child care purposes at the time for transportation to school,
that location may be considered for purposes of determining the 1 1/2 miles
from the school attended.
Claims for reimbursement that include children who attend any school
other than a public school shall show the number of such children
transported.
Claims for reimbursement under this Section shall not be paid for the
transportation of pupils for whom transportation costs are claimed for
payment under other Sections of this Act.
The allowable direct cost of transporting pupils for regular, vocational,
and special education pupil transportation shall be limited to the sum of
the cost of physical examinations required for employment as a school bus
driver; the salaries of full-time or part-time drivers and school bus maintenance
personnel; employee benefits excluding Illinois municipal retirement
payments, social security payments, unemployment insurance payments and
workers' compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school districts for
pupil transportation services; pre-approved contractual expenditures for
computerized bus scheduling; expenditures for housing assistance and homeless prevention under Sections 1-17 and 1-18 of the Education for Homeless Children Act that are not in excess of the school district's actual costs for providing transportation services and are not otherwise claimed in another State or federal grant that permits those costs to a parent, a legal guardian, any other person who enrolled a pupil, or a homeless assistance agency that is part of the federal McKinney-Vento Homeless Assistance Act's continuum of care for the area in which the district is located; the cost of gasoline, oil, tires, and other
supplies necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient engines or to
engines which use alternative energy sources; the cost of travel to
meetings and workshops conducted by the regional superintendent or the
State Superintendent of Education pursuant to the standards established by
the Secretary of State under Section 6-106 of the Illinois Vehicle Code to improve the driving skills of
school bus drivers; the cost of maintenance of school buses including parts
and materials used; expenditures for leasing transportation vehicles,
except interest and service charges; the cost of insurance and licenses for
transportation vehicles; expenditures for the rental of transportation
equipment; plus a depreciation allowance of 20% for 5 years for school
buses and vehicles approved for transporting pupils to and from school and
a depreciation allowance of 10% for 10 years for other transportation
equipment so used.
Each school year, if a school district has made expenditures to the
Regional Transportation Authority or any of its service boards, a mass
transit district, or an urban transportation district under an
intergovernmental agreement with the district to provide for the
transportation of pupils and if the public transit carrier received direct
payment for services or passes from a school district within its service
area during the 2000-2001 school year, then the allowable direct cost of
transporting pupils for regular, vocational, and special education pupil
transportation shall also include the expenditures that the district has
made to the public transit carrier.
In addition to the above allowable costs, school
districts shall also claim all transportation supervisory salary costs,
including Illinois municipal retirement payments, and all transportation
related building and building maintenance costs without limitation.
Special education allowable costs shall also include expenditures for the
salaries of attendants or aides for that portion of the time they assist
special education pupils while in transit and expenditures for parents and
public carriers for transporting special education pupils when pre-approved
by the State Superintendent of Education.
Indirect costs shall be included in the reimbursement claim for districts
which own and operate their own school buses. Such indirect costs shall
include administrative costs, or any costs attributable to transporting
pupils from their attendance centers to another school building for
instructional purposes. No school district which owns and operates its own
school buses may claim reimbursement for indirect costs which exceed 5% of
the total allowable direct costs for pupil transportation.
The State Board of Education shall prescribe uniform regulations for
determining the above standards and shall prescribe forms of cost
accounting and standards of determining reasonable depreciation. Such
depreciation shall include the cost of equipping school buses with the
safety features required by law or by the rules, regulations and standards
promulgated by the State Board of Education, and the Department of
Transportation for the safety and construction of school buses provided,
however, any equipment cost reimbursed by the Department of Transportation
for equipping school buses with such safety equipment shall be deducted
from the allowable cost in the computation of reimbursement under this
Section in the same percentage as the cost of the equipment is depreciated.
On or before August 15, annually, the chief school administrator for
the district shall certify to the State Superintendent of Education the
district's claim for reimbursement for the school year ending on June 30
next preceding. The State Superintendent of Education shall check and
approve the claims and prepare the vouchers showing the amounts due for
district reimbursement claims. Each fiscal year, the State
Superintendent of Education shall prepare and transmit the first 3
vouchers to the Comptroller on the 30th day of September, December and
March, respectively, and the final voucher, no later than June 20.
If the amount appropriated for transportation reimbursement is insufficient
to fund total claims for any fiscal year, the State Board of Education shall
reduce each school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total amount
appropriated.
For purposes of calculating claims for reimbursement under this Section for any school year beginning July 1, 2016, the equalized assessed valuation for a school district or partial elementary unit district formed pursuant to Article 11E used to compute reimbursement shall be the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15.
All reimbursements received from the State shall be deposited into the
district's transportation fund or into the fund from which the allowable
expenditures were made.
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may classify all or a portion of the funds that it
receives in a particular fiscal year or from State aid pursuant to
Section 18-8.15 of this Code
as funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
Any school district with a population of not more than 500,000
must deposit all funds received under this Article into the transportation
fund and use those funds for the provision of transportation services.
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 103-588 ) Sec. 29-5. Reimbursement by State for transportation. Any school district or State-authorized charter school, maintaining a school, transporting resident pupils to another school district's vocational program, offered through a joint agreement approved by the State Board of Education, as provided in Section 10-22.22 or transporting its resident pupils to a school which meets the standards for recognition as established by the State Board of Education which provides transportation meeting the standards of safety, comfort, convenience, efficiency and operation prescribed by the State Board of Education for resident pupils in kindergarten or any of grades 1 through 12 who: (a) reside at least 1 1/2 miles as measured by the customary route of travel, from the school attended; or (b) reside in areas where conditions are such that walking constitutes a hazard to the safety of the child when determined under Section 29-3; and (c) are transported to the school attended from pick-up points at the beginning of the school day and back again at the close of the school day or transported to and from their assigned attendance centers during the school day shall be reimbursed by the State as hereinafter provided in this Section. The State will pay the prorated allowable cost of transporting eligible pupils less the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15 in a dual school district maintaining secondary grades 9 to 12 inclusive times a qualifying rate of .05%; in elementary school districts maintaining grades K to 8 times a qualifying rate of .06%; and in unit districts maintaining grades K to 12, including partial elementary unit districts formed pursuant to Article 11E, times a qualifying rate of .07%. For a State-authorized charter school, the State shall pay the prorated allowable cost of transporting eligible pupils less a real equalized assessed valuation calculated pursuant to this Section times a qualifying rate. For purposes of calculating the real equalized assessed valuation for a State-authorized charter school whose resident district is not a school district organized under Article 34 of this Code, the State Board of Education shall calculate the average of the number of students in grades kindergarten through 12 reported as enrolled in the charter school in the State Board's Student Information System on October 1 and March 1 of the immediately preceding school year. That value shall be divided by the average of the number of students in grades kindergarten through 12 reported as enrolled in the charter school's resident district on October 1 and March 1 of the immediately preceding school year. That proportion shall be multiplied by the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15 for each State-authorized charter school's applicable resident district. A State-authorized charter school whose resident district is organized under Article 34 of this Code shall have a real equalized assessed valuation equal to the real equalized assessed valuation of its resident district as computed under paragraph (3) of subsection (d) of Section 18-8.15. A State-authorized charter school's qualifying rate shall be the same as the rate that applies to the charter school's resident district. To be eligible to receive reimbursement in excess of 4/5 of the cost to transport eligible pupils, a school district or partial elementary unit district formed pursuant to Article 11E shall have a Transportation Fund tax rate of at least .12%. The Transportation Fund tax rate for a partial elementary unit district formed pursuant Article 11E shall be the combined elementary and high school rates pursuant to paragraph (4) of subsection (a) of Section 18-8.15. If a school district or partial elementary unit district formed pursuant to Article 11E does not have a .12% Transportation Fund tax rate, the amount of its claim in excess of 4/5 of the cost of transporting pupils shall be reduced by the sum arrived at by subtracting the Transportation Fund tax rate from .12% and multiplying that amount by the district's real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15, provided that in no case shall said reduction result in reimbursement of less than 4/5 of the cost to transport eligible pupils. No such adjustment may be applied to a claim filed by a State-authorized charter school. Subject to the calculation of equalized assessed valuation, an adjustment for an insufficient tax rate, and the use of a qualifying rate as provided in this Section, a State-authorized charter school may make a claim for reimbursement by the State that is calculated in the same manner as a school district. The minimum amount to be received by a district is $16 times the number of eligible pupils transported. When calculating the reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early education programs from the number of pupils eligible for reimbursement if the pupils enrolled in the early education programs are transported at the same time as other eligible pupils. Any such district transporting resident pupils during the school day to an area vocational school or another school district's vocational program more than 1 1/2 miles from the school attended, as provided in Sections 10-22.20a and 10-22.22, shall be reimbursed by the State for 4/5 of the cost of transporting eligible pupils. School day means that period of time during which the pupil is required to be in attendance for instructional purposes. If a pupil is at a location within the school district other than his residence for child care purposes at the time for transportation to school, that location may be considered for purposes of determining the 1 1/2 miles from the school attended. Claims for reimbursement that include children who attend any school other than a public school shall show the number of such children transported. Claims for reimbursement under this Section shall not be paid for the transportation of pupils for whom transportation costs are claimed for payment under other Sections of this Act. The allowable direct cost of transporting pupils for regular, vocational, and special education pupil transportation shall be limited to the sum of the cost of physical examinations required for employment as a school bus driver; the salaries of full-time or part-time drivers and school bus maintenance personnel; employee benefits excluding Illinois municipal retirement payments, social security payments, unemployment insurance payments and workers' compensation insurance premiums; expenditures to independent carriers who operate school buses; payments to other school districts for pupil transportation services; pre-approved contractual expenditures for computerized bus scheduling; expenditures for housing assistance and homeless prevention under Sections 1-17 and 1-18 of the Education for Homeless Children Act that are not in excess of the school district's actual costs for providing transportation services and are not otherwise claimed in another State or federal grant that permits those costs to a parent, a legal guardian, any other person who enrolled a pupil, or a homeless assistance agency that is part of the federal McKinney-Vento Homeless Assistance Act's continuum of care for the area in which the district is located; the cost of gasoline, oil, tires, and other supplies necessary for the operation of school buses; the cost of converting buses' gasoline engines to more fuel efficient engines or to engines which use alternative energy sources; the cost of travel to meetings and workshops conducted by the regional superintendent or the State Superintendent of Education pursuant to the standards established by the Secretary of State under Section 6-106 of the Illinois Vehicle Code to improve the driving skills of school bus drivers; the cost of maintenance of school buses including parts and materials used; expenditures for leasing transportation vehicles, except interest and service charges; the cost of insurance and licenses for transportation vehicles; expenditures for the rental of transportation equipment; plus a depreciation allowance of 20% for 5 years for school buses and vehicles approved for transporting pupils to and from school and a depreciation allowance of 10% for 10 years for other transportation equipment so used. Each school year, if a school district has made expenditures to the Regional Transportation Authority or any of its service boards, a mass transit district, or an urban transportation district under an intergovernmental agreement with the district to provide for the transportation of pupils and if the public transit carrier received direct payment for services or passes from a school district within its service area during the 2000-2001 school year, then the allowable direct cost of transporting pupils for regular, vocational, and special education pupil transportation shall also include the expenditures that the district has made to the public transit carrier. In addition to the above allowable costs, school districts shall also claim all transportation supervisory salary costs, including Illinois municipal retirement payments, and all transportation related building and building maintenance costs without limitation. Special education allowable costs shall also include expenditures for the salaries of attendants or aides for that portion of the time they assist special education pupils while in transit and expenditures for parents and public carriers for transporting special education pupils when pre-approved by the State Superintendent of Education. Indirect costs shall be included in the reimbursement claim for districts which own and operate their own school buses. Such indirect costs shall include administrative costs, or any costs attributable to transporting pupils from their attendance centers to another school building for instructional purposes. No school district which owns and operates its own school buses may claim reimbursement for indirect costs which exceed 5% of the total allowable direct costs for pupil transportation. The State Board of Education shall prescribe uniform regulations for determining the above standards and shall prescribe forms of cost accounting and standards of determining reasonable depreciation. Such depreciation shall include the cost of equipping school buses with the safety features required by law or by the rules, regulations and standards promulgated by the State Board of Education, and the Department of Transportation for the safety and construction of school buses provided, however, any equipment cost reimbursed by the Department of Transportation for equipping school buses with such safety equipment shall be deducted from the allowable cost in the computation of reimbursement under this Section in the same percentage as the cost of the equipment is depreciated. On or before August 15, annually, the chief school administrator for the district shall certify to the State Superintendent of Education the district's claim for reimbursement for the school year ending on June 30 next preceding. The State Superintendent of Education shall check and approve the claims and prepare the vouchers showing the amounts due for district reimbursement claims. Each fiscal year, the State Superintendent of Education shall prepare and transmit the first 3 vouchers to the Comptroller on the 30th day of September, December and March, respectively, and the final voucher, no later than June 20. If the amount appropriated for transportation reimbursement is insufficient to fund total claims for any fiscal year, the State Board of Education shall reduce each school district's allowable costs and flat grant amount proportionately to make total adjusted claims equal the total amount appropriated. For purposes of calculating claims for reimbursement under this Section for any school year beginning July 1, 2016, the equalized assessed valuation for a school district or partial elementary unit district formed pursuant to Article 11E used to compute reimbursement shall be the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15. All reimbursements received from the State shall be deposited into the district's transportation fund or into the fund from which the allowable expenditures were made. Notwithstanding any other provision of law, any school district receiving a payment under this Section or under Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may classify all or a portion of the funds that it receives in a particular fiscal year or from State aid pursuant to Section 18-8.15 of this Code as funds received in connection with any funding program for which it is entitled to receive funds from the State in that fiscal year (including, without limitation, any funding program referenced in this Section), regardless of the source or timing of the receipt. The district may not classify more funds as funds received in connection with the funding program than the district is entitled to receive in that fiscal year for that program. Any classification by a district must be made by a resolution of its board of education. The resolution must identify the amount of any payments or general State aid to be classified under this paragraph and must specify the funding program to which the funds are to be treated as received in connection therewith. This resolution is controlling as to the classification of funds referenced therein. A certified copy of the resolution must be sent to the State Superintendent of Education. The resolution shall still take effect even though a copy of the resolution has not been sent to the State Superintendent of Education in a timely manner. No classification under this paragraph by a district shall affect the total amount or timing of money the district is entitled to receive under this Code. No classification under this paragraph by a district shall in any way relieve the district from or affect any requirements that otherwise would apply with respect to that funding program, including any accounting of funds by source, reporting expenditures by original source and purpose, reporting requirements, or requirements of providing services. Any school district with a population of not more than 500,000 must deposit all funds received under this Article into the transportation fund and use those funds for the provision of transportation services. (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; 103-588, eff. 1-1-25.) |
105 ILCS 5/29-5.2
(105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
Sec. 29-5.2. Reimbursement of transportation.
(a) Reimbursement. A
custodian of a qualifying pupil shall be entitled to reimbursement in
accordance with procedures established by the State Board of Education for
qualified transportation expenses paid by such custodian during the school
year.
(b) Definitions. As used in this Section:
(1) "Qualifying pupil" means an individual referred | | to in subsection (c), as well as an individual who:
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(A) is a resident of the State of Illinois; and
(B) is under the age of 21 at the close of the
| | school year for which reimbursement is sought; and
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(C) during the school year for which
| | reimbursement is sought was a full-time pupil enrolled in a kindergarten through 12th grade educational program at a school which was a distance of 1 1/2 miles or more from the residence of such pupil; and
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(D) did not live within 1 1/2 miles from the
| | school in which the pupil was enrolled or have access to transportation provided entirely at public expense to and from that school and a point within 1 1/2 miles of the pupil's residence, measured in a manner consistent with Section 29-3.
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(2) "Qualified transportation expenses" means costs
| | reasonably incurred by the custodian to transport, for the purposes of attending regularly scheduled day-time classes, a qualifying pupil between such qualifying pupil's residence and the school at which such qualifying pupil is enrolled, as limited in subsection (e) of this Section, and shall include automobile expenses at the standard mileage rate allowed by the United States Internal Revenue Service as reimbursement for business transportation expense, as well as payments to mass transit carriers, private carriers, and contractual fees for transportation.
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(3) "School" means a public or nonpublic elementary
| | or secondary school in Illinois, attendance at which satisfies the requirements of Section 26-1.
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(4) One and one-half miles distance. For the purposes
| | of this Section, 1 1/2 miles distance shall be measured in a manner consistent with Section 29-3.
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(5) Custodian. The term "custodian" shall mean, with
| | respect to a qualifying pupil, an Illinois resident who is the parent, or parents, or legal guardian of such qualifying pupil.
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(c) An individual, resident of the State of Illinois, who is under
the age of 21 at the close of the
school year for which reimbursement is sought and who, during that school
year, was a full time pupil enrolled in a kindergarten through 12th grade
educational program at a school which was within 1 1/2 miles of the pupil's
residence, measured in a manner consistent with Section 29-3, is a
"qualifying pupil" within the meaning of this Section if (i) such pupil attends public school in a school district organized under Article 34 of this Code and must walk or otherwise travel along a safe passage route, as designated by
the school board, to reach school or return home or
(ii) such pupil
did not have access to transportation provided entirely at public expense
to and from that school and the pupil's residence and conditions were
such that walking would have constituted a serious hazard to the safety of
the pupil due to vehicular traffic. The determination of what constitutes
a serious safety hazard within the meaning of this subsection shall in each
case be made by the Department of Transportation in accordance with
guidelines which the Department, in consultation with the State
Superintendent of Education, shall promulgate. Each custodian intending to
file an application for reimbursement under subsection (d) for expenditures
incurred or to be incurred with respect to a pupil asserted to be a
qualified pupil as an individual referred to in this subsection shall first
file with the appropriate regional superintendent, on forms provided by the
State Board of Education, a request for a determination that a serious
safety hazard within the meaning of this subsection (c) exists with respect
to such pupil. Custodians shall file such forms with the appropriate
regional superintendents not later than February 1 of the school year for
which reimbursement will be sought for transmittal by the regional
superintendents to the Department of Transportation not later than February
15; except that any custodian who previously received a determination
that a serious safety hazard exists need not resubmit such a request for 4
years but instead may certify on their application for reimbursement to the State
Board of Education referred to in subsection (d), that the conditions found
to be hazardous, as previously determined by the Department, remain
unchanged. The Department shall make its determination on all requests so
transmitted to it within 30 days, and shall thereupon forward notice of
each determination which it has made to the appropriate regional
superintendent for immediate transmittal to the custodian affected thereby.
The determination of the Department relative to what constitutes a serious
safety hazard within the meaning of subsection (c) with respect to any
pupil shall be deemed an "administrative decision" as defined in Section
3-101 of the Administrative Review Law; and the Administrative Review Law
and all amendments and modifications thereof and rules adopted pursuant
thereto shall apply to and govern all proceedings instituted for the
judicial review of final administrative decisions of the Department of
Transportation under this subsection.
(d) Request for reimbursement. A custodian, including a
custodian for a pupil asserted to be a qualified pupil as an individual
referred to in subsection (c), who applies in accordance
with procedures established by the State Board of Education shall be
reimbursed in accordance with the dollar limits set out in this Section.
Such procedures shall require application no later than June 30 of each
year, documentation as to eligibility, and adequate evidence of
expenditures; except that for reimbursement sought pursuant to subsection
(c) for the 1985-1986 school year, such procedures shall require
application within 21 days after the determination of the Department of
Transportation with respect to that school year is transmitted by the
regional superintendent to the affected custodian. In the absence of
contemporaneous records, an affidavit by
the custodian may be accepted as evidence of an expenditure. If the amount
appropriated for such reimbursement for any year is less than the amount
due each custodian, it shall be apportioned on the basis of the requests
approved. Regional Superintendents shall be reimbursed for such costs of
administering the program, including costs incurred in administering the
provisions of subsection (c), as the State Board of Education determines are
reasonable and necessary.
(e) Dollar limit on amount of reimbursement. Reimbursement to custodians
for transportation expenses incurred during the 1985-1986 school year,
payable in fiscal year 1987, shall be equal to the lesser of (1) the actual
qualified transportation expenses, or (2) $50 per pupil. Reimbursement to
custodians for transportation expenses incurred during the 1986-1987 school
year, payable in fiscal year 1988, shall be equal to the lesser of (1) the
actual qualified transportation expenses, or (2) $100 per pupil. For
reimbursements of qualified transportation expenses incurred in 1987-1988
and thereafter, the amount of reimbursement shall not exceed the prior
year's State reimbursement per pupil for transporting pupils as required by
Section 29-3 and other provisions of this Article.
(f) Rules and regulations. The State Board of Education
shall adopt rules to implement this Section.
(g) The provisions of this amendatory Act of 1986 shall apply according to
their terms to the entire 1985-1986 school year, including any portion of
that school year which elapses prior to the effective date of this
amendatory Act, and to each subsequent school year.
(h) The chief administrative officer of each school shall notify
custodians of qualifying pupils that reimbursements are available.
Notification shall occur by the first Monday in November of the school year
for which reimbursement is available.
(Source: P.A. 98-1057, eff. 1-1-15 .)
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105 ILCS 5/29-6
(105 ILCS 5/29-6) (from Ch. 122, par. 29-6)
Sec. 29-6.
Inter-district contracts for transportation.
Any school district, including any non-high school district, may
contract at actual cost with 1 or more school districts for the
transportation of pupils to and from the school attended.
(Source: P.A. 78-1245.)
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105 ILCS 5/29-6.1
(105 ILCS 5/29-6.1) (from Ch. 122, par. 29-6.1)
Sec. 29-6.1. Contracts for transportation. Subject to Section 6-106.11
of the Illinois Vehicle Code,
school boards may enter into contracts for any period of time deemed appropriate by those school boards for transportation
of pupils to and from school; however, no contract, inclusive of any proposed renewals, may exceed 10 years. All contracts for a period of time greater than 5 years that do not include the use of electric vehicles for pupil transportation shall include a termination option after 5 years. Nothing in this Section prohibits contract opener clauses for any purpose from being included in the contract. A contract for pupil transportation that utilizes a significant percentage of electric vehicles may be entered into by a school board for up to 15 years if the contract relies on capital or infrastructure purchases or improvements that cannot reasonably be justified in a shorter-term contract.
(Source: P.A. 103-430, eff. 1-1-24 .)
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105 ILCS 5/29-6.3
(105 ILCS 5/29-6.3)
Sec. 29-6.3. Transportation to and from specified interscholastic or school-sponsored
activities. (a) Any school district transporting students in grade 12 or below for an interscholastic, interscholastic athletic, or school-sponsored, noncurriculum-related activity that (i) does not require student participation as part of the educational services of the district and (ii) is not associated with the students' regular class-for-credit schedule or required 5 clock hours of instruction under Section 10-19.05 shall transport the students only in a school bus, a vehicle manufactured to transport not more than 10 persons, including the driver, or a multifunction school-activity bus manufactured to transport not more than 15 persons, including the driver. (a-5) A student in any of grades 9 through 12 may be transported in a multi-function school activity bus (MFSAB) as defined in Section 1-148.3a-5 of the Illinois Vehicle Code for any curriculum-related activity except for transportation on regular bus routes from home to school or from school to home, subject to the following conditions: (i) A MFSAB may not be used to transport students | | under this Section unless the driver holds a valid school bus driver permit.
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| (ii) The use of a MFSAB under this Section is subject
| | to the requirements of Sections 6-106.11, 6-106.12, 12-707.01, 13-101, and 13-109 of the Illinois Vehicle Code.
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| (b) Any school district furnishing transportation for students under the authority of this Section shall insure against any loss or liability of the district resulting from the maintenance, operation, or use of the vehicle.
(c) Vehicles used to transport students under this Section may claim a depreciation allowance of 20% over 5 years as provided in Section 29-5 of this Code.
(Source: P.A. 101-12, eff. 7-1-19.)
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105 ILCS 5/29-6.4
(105 ILCS 5/29-6.4)
Sec. 29-6.4. Non-contract transportation; bids;
reimbursement. A school board of a school district that provides
transportation of its pupils to and from school on buses that are owned by the
district that are operated by drivers who are employed by the district shall,
if it receives a timely request from an interested private school bus
contractor that the district provide that transportation under contract,
solicit sealed bids for that purpose. A district or special education cooperative is not required to respond to such a request more than once every 2 years.
A request
shall not be considered timely if it is made more than
24 months or less than 3 months before the expiration of the collective
bargaining or other agreement that is in effect at the time the request is made
and that governs the terms and conditions of employment of the school bus
drivers employed by the district. All requests shall be made in writing by certified mail, return receipt requested, addressed to the school board of the district at the administrative offices or any school of the district. At the conclusion of the bidding process,
the school board shall publicly announce the district's fully allocated costs
of providing transportation of its pupils to and from school under its present
system and thereupon may (i) elect to enter into a contract as provided in
Section 29-6.1 with the lowest responsible bidder for transportation of the
district's pupils to and from school or (ii) elect to continue providing
transportation of its pupils to and from school under its present system.
In the event the school board elects to continue providing transportation of
the district's pupils to and from school under its present system even though
the district's fully allocated costs of doing so exceed the amount of the
lowest responsible bid received by the school board for transportation of the
district's pupils to and from school, the school board shall publicly
announce at a regularly scheduled meeting of the board held within 30 days
after making its election to continue providing pupil
transportation under its present system (i) the fully allocated costs of
providing transportation of the district's pupils to and from school under its
present system, and (ii) the amount of each of the sealed bids submitted to the
school board, identifying which of the sealed bid amounts was the lowest
responsible bid.
As used in this Section the term "fully allocated costs" includes both the
fixed and variable direct costs of the labor, capital, and material resources
that are used by the school district exclusively for purposes of providing
transportation of the district's pupils to and from school plus that portion of
the district's shared costs as is fairly allocable to the products, services,
and facilities necessary to provide transportation of the district's pupils to
and from school. Direct costs of labor, capital, and material resources used
exclusively to provide pupil transportation include the wages, payroll costs,
and associated fringe benefits of school bus drivers, mechanics, and any
supervisory or administrative personnel whose services relate exclusively to
pupil transportation personnel or services, fuel, lubricants, tires, tubes,
related material costs incurred in providing pupil transportation, depreciation
costs associated with school buses and other vehicles, including spare
vehicles, used to provide pupil transportation, and costs of facilities and
equipment maintained exclusively to service, garage, or park vehicles used for
pupil transportation purposes.
"Shared costs" means the aggregate cost of the labor, capital, and material
resources that are used in common by the district for a multiplicity of
purposes, including the purpose of providing transportation of the district's
pupils to and from school. The costs of the management, administration, and
underlying infrastructure that support a multiplicity of services provided by
the school district (including pupil transportation services) constitute shared
costs within the meaning of this Section, and to the extent they are fairly
allocable to pupil transportation services they are included within the term
fully allocated costs as used in this Section. The
State Board of Education shall promulgate rules setting forth the manner in
which a district's fully allocated costs of providing transportation of its
pupils to and from school under a non-contractual system shall be determined
and computed for purposes of this Section. However, those rules shall be
consistent with the provisions of this paragraph and shall follow recognized
principles of fully allocated costing analysis in the transit industry,
including generally accepted methods of identifying and estimating the
principal cost elements of maintaining and operating a pupil transportation
system.
(Source: P.A. 93-953, eff. 1-1-05.)
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105 ILCS 5/29-9
(105 ILCS 5/29-9) (from Ch. 122, par. 29-9)
Sec. 29-9.
Liability insurance.
Any school district, including any non-high school district, which
provides transportation for pupils shall insure against any loss or
liability of such district, its agents or employees, resulting from or
incident to the ownership, maintenance or use of any school bus. Such
insurance shall be carried only in companies duly licensed and authorized
to write such coverage in this State and in compliance with the provisions
of Section 12-707 of "The Illinois Vehicle Code", approved September 29,
1969, as now or hereafter amended.
(Source: P.A. 78-310.)
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105 ILCS 5/29-15
(105 ILCS 5/29-15) (from Ch. 122, par. 29-15)
Sec. 29-15.
Subject to the provisions of Section 10-22.8 of this Act, school
districts, which own buses or other vehicular equipment for the
transportation of pupils to or from school within such district, may sell
or lease such buses or equipment to a Mass Transit District organized under
the Local Mass Transit District Act or to an Urban Transportation District
organized under the Urban Transportation District Act. Such districts may
contract with a Mass Transit District or an Urban Transportation District
for the transportation of pupils to and from the schools of such districts
at a consideration to be determined by negotiation between the parties.
Such contracts shall otherwise be subject to the provisions of this
Article.
(Source: P.A. 77-1492 .)
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105 ILCS 5/29-16
(105 ILCS 5/29-16) (from Ch. 122, par. 29-16)
Sec. 29-16.
The school board of any school district which owns buses or other
vehicular equipment for the transportation of pupils may rent such buses or
equipment to the county board of any county in which it is situated to
provide public transportation services pursuant to the "Downstate Public
Transportation Act". The school board may rent such buses and equipment to
the county board only for use during times when such buses or equipment are
not needed for transporting pupils of the school district. A school board
renting school buses or other vehicular equipment under this Section shall
make a charge for furnishing such buses or other vehicular equipment in an
amount not less than the cost thereof, including a reasonable allowance for
the depreciation of each vehicle used.
This amendatory Act is not a limitation upon the contractual and
associational powers granted by Section 10 of Article VII of the
Constitution.
(Source: P.A. 78-1109 .)
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105 ILCS 5/29-17
(105 ILCS 5/29-17)
Sec. 29-17. (Repealed).
(Source: P.A. 85-1010. Repealed by P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07.)
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105 ILCS 5/29-18
(105 ILCS 5/29-18)
Sec. 29-18. (Repealed).
(Source: P.A. 90-756, eff. 8-14-98. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/29-20 (105 ILCS 5/29-20) Sec. 29-20. (Repealed).
(Source: P.A. 98-907, eff. 8-15-14. Repealed internally, eff. 1-1-16.) |
105 ILCS 5/Art. 30
(105 ILCS 5/Art. 30 heading)
ARTICLE 30.
SCHOLARSHIPS
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105 ILCS 5/30-1
(105 ILCS 5/30-1) (from Ch. 122, par. 30-1)
Sec. 30-1.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-2
(105 ILCS 5/30-2) (from Ch. 122, par. 30-2)
Sec. 30-2.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-3
(105 ILCS 5/30-3) (from Ch. 122, par. 30-3)
Sec. 30-3.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4
(105 ILCS 5/30-4)
Sec. 30-4. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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105 ILCS 5/30-4a
(105 ILCS 5/30-4a) (from Ch. 122, par. 30-4a)
Sec. 30-4a.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4b
(105 ILCS 5/30-4b) (from Ch. 122, par. 30-4b)
Sec. 30-4b.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4c
(105 ILCS 5/30-4c) (from Ch. 122, par. 30-4c)
Sec. 30-4c.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4d
(105 ILCS 5/30-4d) (from Ch. 122, par. 30-4d)
Sec. 30-4d.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4e
(105 ILCS 5/30-4e) (from Ch. 122, par. 30-4e)
Sec. 30-4e.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-6
(105 ILCS 5/30-6)
Sec. 30-6. (Repealed).
(Source: P.A. 77-1311. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/30-7
(105 ILCS 5/30-7)
Sec. 30-7. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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105 ILCS 5/30-8
(105 ILCS 5/30-8)
Sec. 30-8. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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105 ILCS 5/30-9
(105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
Sec. 30-9.
General Assembly scholarship; conditions of admission; award by
competitive examination.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-10
(105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
Sec. 30-10.
Filing nominations-Failure to accept or pass-Second
nomination.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-11
(105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
Sec. 30-11. Failure to use scholarship - Further nominations.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-12
(105 ILCS 5/30-12) (from Ch. 122, par. 30-12)
Sec. 30-12. Failure to begin or discontinuance of course because of military service.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-12.5
(105 ILCS 5/30-12.5)
Sec. 30-12.5. Waiver of confidentiality.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-13
(105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
Sec. 30-13. Use of scholarship at public university.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-13.5 (105 ILCS 5/30-13.5) Sec. 30-13.5. General Assembly scholarship program abolished. Before September 1, 2012, each member of the General Assembly may nominate persons to receive a scholarship or certificate of scholarship under Sections 30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed before the effective date of this amendatory Act of the 97th General Assembly. A person nominated to receive or awarded such a scholarship or certificate before September 1, 2012 is entitled to the scholarship under the terms of Sections 30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed before the effective date of this amendatory Act of the 97th General Assembly and Section 30-14 of this Code.
(Source: P.A. 97-772, eff. 7-11-12.) |
105 ILCS 5/30-14
(105 ILCS 5/30-14) (from Ch. 122, par. 30-14)
Sec. 30-14.
Leaves of absence to holders of scholarships.
Any student enrolled in a university to which he is holding a
scholarship issued under this Article who satisfies the president of the
university or someone designated by him, that he requires leave of absence
for the purpose of earning funds to defray his expenses while in attendance
or on account of illness or military service may be granted such leave and
allowed a period of not to exceed 6 years in which to complete his course
at the university. The university shall notify the county superintendent of
the county from which the scholarship was issued of the granting of the
leave. Time spent in the armed forces shall not be part of the 6 years.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/30-14.1
(105 ILCS 5/30-14.1)
Sec. 30-14.1. (Repealed).
(Source: P.A. 77-1311. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/30-14.2
(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
Sec. 30-14.2. Deceased, Disabled, and MIA/POW Veterans' Dependents scholarship.
(a) Any spouse, natural child, legally adopted child under the age of 18 at the time of adoption, minor child younger than 18 who is under a court-ordered guardianship for at least 2 continuous years prior to application, or
step-child under the age of 18 at the time of marriage of an eligible veteran or serviceperson who possesses all necessary
entrance requirements shall, upon application and proper proof, be awarded
a MIA/POW Scholarship consisting of the equivalent of 4 calendar years of
full-time enrollment including summer terms, to the state supported
Illinois institution of higher learning of his choice, subject to the
restrictions listed below.
"Eligible veteran or serviceperson" means any veteran or serviceperson, including an Illinois National Guard member who is on active duty or is active on a training assignment,
who has been declared by the U.S. Department of Defense or the
U.S. Department of Veterans Affairs to be a prisoner of war or missing
in action, or has died as the result of a service-connected disability or has become a person with a permanent disability from service-connected causes with 100% disability and
who (i) at the time of entering service was an Illinois resident, or (ii) was an
Illinois resident within 6 months after entering such service, or (iii) is a resident of Illinois at the time of application for the Scholarship and, at some point after entering such service, was a resident of Illinois for at least 15 consecutive years.
Full-time enrollment means 12 or more semester hours of courses per semester,
or 12 or more quarter hours of courses per quarter, or the equivalent thereof
per term. Scholarships utilized by dependents enrolled in less than full-time
study shall be computed in the proportion which the number of hours so carried
bears to full-time enrollment.
Scholarships awarded under this Section may be used by a spouse or child
without regard to his or her age. The holder of a Scholarship
awarded under this Section shall be subject to all examinations and academic
standards, including the maintenance of minimum grade levels, that are
applicable generally to other enrolled students at the Illinois institution of
higher learning where the Scholarship is being used.
If the surviving spouse
remarries or if there is a divorce between the veteran or serviceperson and
his or her spouse while the dependent is pursuing his or her course of
study, Scholarship benefits will be terminated at the end of the term for
which he or she is presently enrolled. Such dependents shall also be
entitled, upon proper proof and application, to enroll in any extension
course offered by a State supported Illinois institution of higher learning
without payment of tuition and approved fees.
The holder of a MIA/POW Scholarship authorized under this Section shall
not be required to pay any tuition or mandatory fees while attending a State-controlled university or public community college in this State for a period equivalent to 4 years of enrollment, including summer terms.
Any dependent who has been or shall be awarded a MIA/POW Scholarship shall
be reimbursed by the appropriate institution of higher learning for any
fees which he or she has paid and for which exemption is granted under this
Section if application for reimbursement is made within 2 months following
the end of the school term for which the fees were paid.
(b) In lieu of the benefit provided in subsection (a), any spouse,
natural child, legally adopted child, or step-child of an eligible veteran
or serviceperson, which spouse or child has a physical, mental or
developmental disability, shall be entitled to receive, upon application and
proper proof, a benefit to be used for the purpose of defraying the cost of
the attendance or treatment of such spouse or child at one or more
appropriate therapeutic, rehabilitative or educational facilities. The
application and proof may be made by the parent or legal guardian of the
spouse or child on his or her behalf.
The total benefit provided to any beneficiary under this subsection shall
not exceed the cost equivalent of 4 calendar years of full-time enrollment,
including summer terms, at the University of Illinois. Whenever
practicable in the opinion of the Department of Veterans' Affairs, payment
of benefits under this subsection shall be made directly to the facility,
the cost of attendance or treatment at which is being defrayed, as such
costs accrue.
(c) The benefits of this Section shall be administered by and paid for out
of funds made available to the Illinois Department of Veterans' Affairs.
The amounts that become due to any state supported Illinois institution of
higher learning shall be payable by the Comptroller to such institution on
vouchers approved by the Illinois Department of Veterans' Affairs. The
amounts that become due under subsection (b) of this Section shall be
payable by warrant upon vouchers issued by the Illinois Department of
Veterans' Affairs and approved by the Comptroller. The Illinois Department
of Veterans' Affairs shall determine the eligibility of the persons
who make application for the benefits provided for in this Section.
(Source: P.A. 101-334, eff. 8-9-19; 102-855, eff. 5-13-22.)
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105 ILCS 5/30-14.3
(105 ILCS 5/30-14.3) (from Ch. 122, par. 30-14.3)
Sec. 30-14.3.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-14.5
(105 ILCS 5/30-14.5) (from Ch. 122, par. 30-14.5)
Sec. 30-14.5.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-14.6
(105 ILCS 5/30-14.6) (from Ch. 122, par. 30-14.6)
Sec. 30-14.6.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-14.7
(105 ILCS 5/30-14.7) (from Ch. 122, par. 30-14.7)
Sec. 30-14.7.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-14.8
(105 ILCS 5/30-14.8)
Sec. 30-14.8.
Christa McAuliffe Fellowship Program.
(a) The General Assembly finds that the Christa McAuliffe federal fellowship
is an award expressly and exclusively for the benefit of one or more elementary
or secondary teachers, provides funding for a sabbatical for the recipient of
the fellowship, has no express relationship to post-secondary educational
benefits under State and federal grant and loan programs administered by the
Illinois Student Assistance Commission (hereinafter in this Section sometimes
referred to as the "Commission"), and therefore is a program that from and
after the effective date of this amendatory Act of 1995 should be administered
in this State by the State Board of Education.
(b) There is hereby transferred to the State Board of Education from the
Illinois Student Assistance Commission all authority and responsibility
exercised by the Commission before the effective date of this amendatory Act of
1995 with respect to the administration within this State of the Christa
McAuliffe federal fellowship program. From and after the effective date of
this amendatory Act, the State Board of Education shall administer on behalf of
the State of Illinois and in accordance with all applicable rules and
regulations the conduct and operation of the Christa McAuliffe federal
fellowship program within this State.
(c) The Illinois Student Assistance Commission shall transfer to the State
Board of Education, as successor to the Commission for all purposes of
administering the Christa McAuliffe federal fellowship program, all books,
accounts, records, papers, documents, contracts, agreements, and pending
business in the possession or under the control of the Commission and relating
to its administration of the Christa McAuliffe fellowship program in this
State.
All pending applications made before the effective date of this amendatory Act
of 1995 for scholarship awards under the Christa McAuliffe fellowship program
and all scholarships awarded under that program before the effective date of
this amendatory Act of 1995 shall be unaffected by the transfer to the State
Board of Education of all responsibilities and authority formerly exercised by
the Commission with respect to that program. The Commission shall furnish to
the State Board of Education such other information as the State Board of
Education may request to assist it in administering this Section.
(Source: P.A. 89-106, eff. 7-7-95.)
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105 ILCS 5/prec. Sec. 30-15
(105 ILCS 5/prec. Sec. 30-15 heading)
HIGHER EDUCATION STUDENT ASSISTANCE LAW
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105 ILCS 5/30-15.25
(105 ILCS 5/30-15.25) (from Ch. 122, par. 30-15.25)
Sec. 30-15.25.
(a) As used in this Section, the term "public institution
of higher education" includes: the University of Illinois; Southern
Illinois University;
Chicago State University; Eastern Illinois University; Governors State
University; Illinois State University; Northeastern Illinois University;
Northern Illinois University; Western Illinois University; the public community
colleges of the State; and any other public
universities, colleges and community colleges now or hereafter established
or authorized by the General Assembly. The term "nonpublic institution of
higher education" includes any educational organization in this State,
other than a public institution of higher education, which provides a
minimum of an organized 2 year program at the private junior college level
or higher and which operates not-for-profit and in conformity with
standards substantially equivalent to those of public institutions of
higher education.
(b) Each public institution of higher education shall disclose
the terms, restrictions and requirements attached to or made a part of any
endowment, gift, grant, contract award or property of any kind or value
in excess of $100,000 made to such institution, or to any school, college,
division, branch or other organizational entity within or forming a part
of such institution, by a foreign government or an individual who is
neither a citizen nor a resident of the United States, in any calendar or
fiscal year. If the foreign government or individual donates more than one
gift in any calendar or fiscal year, and the total value of those gifts
exceeds $100,000, such institution shall report all the gifts received.
This subsection shall not apply to funds that public institutions of higher
education receive from grants and contracts through either the federal
government or the State of Illinois.
(c) The provisions of this subsection apply to each nonpublic
institution of higher education: (i) which receives any grant or award
under the Illinois Financial Assistance Act for Nonpublic Institutions of
Higher Learning or under the Higher Education Cooperation Act, or (ii)
which is a participant in a program of interinstitutional cooperation
administered by a not-for-profit organization that is organized to
administer such program under the Higher Education Cooperation Act and that
receives any grant under and in furtherance of the purposes of that Act, or
(iii) which receives any grant or distribution of grant moneys appropriated
from the State Treasury or any fund therein to such institution or to the
Board of Higher Education for distribution to nonpublic institutions of
higher education for purposes of Section 4 of the Build Illinois Bond Act
or for any other purpose authorized by law. Each nonpublic institution of
higher education to which the provisions of this subsection apply shall
disclose the terms, restrictions and requirements attached to or made a
part of any endowment, gift, grant, contract award or property of any kind
or value in excess of $250,000 made to such institution, or to any school,
college, division, branch or other organizational entity within or forming
a part of such institution, by a foreign government or an individual who is
neither a citizen nor a resident of the United States, in any calendar or
fiscal year. If the foreign government or individual donates more than one
gift in any calendar or fiscal year, and the total value of those gifts
exceeds $250,000, such institution shall report all the gifts received.
(d) Such information shall be forwarded to the Attorney
General no later than 30 days after the final day of each calendar or fiscal
year of such institution, whichever type of year is used by the institution
in accounting for the gifts received for the purposes of this Section. The
information shall include:
(1) the name of the foreign government in the case of | | a gift by a government, or the name of the foreign country of which an individual donor is a citizen, in the case of a gift by an individual;
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(2) the amount and the date of the contribution or
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(3) when the gift is conditional, matching or
| | designated for a particular purpose, full details of the conditions, matching provisions or designation; and
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(4) the purpose or purposes for which the
| | contribution will be used.
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Such information shall be a matter of public record.
(Source: P.A. 89-4, eff. 1-1-96.)
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105 ILCS 5/30-16.1
(105 ILCS 5/30-16.1) (from Ch. 122, par. 30-16.1)
Sec. 30-16.1.
Purpose.
The General Assembly has found and hereby declares that it is essential
for the national defense and for the defense of the State of Illinois that
among those residents of this State receiving higher education, provisions
should be made for Reserve Officer's Training Corps training, in order
to provide officers for the several Armed Forces
of the United
States of America and to that end, that scholarships should be furnished to
eligible residents, in order to encourage their participation in the
Reserve Officer's Training Corps programs.
(Source: P.A. 79-768.)
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105 ILCS 5/30-16.2
(105 ILCS 5/30-16.2) (from Ch. 122, par. 30-16.2)
Sec. 30-16.2.
Eligible recipients.
Those residents of the State of
Illinois whose scholastic standing will enable them to enroll in the
Reserve Officer's Training Corps programs of the several Armed Forces
available at universities supported by the State of Illinois, are
considered as eligible recipients for scholarships set forth in
Section 30-16.3.
(Source: P.A. 79-768.)
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105 ILCS 5/30-16.3
(105 ILCS 5/30-16.3) (from Ch. 122, par. 30-16.3)
Sec. 30-16.3.
Availability of Scholarships.
Scholarships shall be awarded on the following basis:
(a) One scholastic scholarship to an eligible recipient from each private
junior
college and public community college which has a total enrollment of
less than 500 students.
(b) Two scholarships to eligible recipients from each private junior
college and public community college
which has an enrollment of 500 or more, but less than 1,000, students.
(c) Three scholarships to eligible recipients from private junior
colleges and public community colleges
having an enrollment of 1,000, or more, students.
(d) The equivalent of 10 scholarships per class, per branch of
service, each academic
year, to eligible recipients.
(Source: P.A. 91-503, eff. 8-13-99.)
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105 ILCS 5/30-16.4
(105 ILCS 5/30-16.4) (from Ch. 122, par. 30-16.4)
Sec. 30-16.4.
Privileges Conferred.
The scholarships issued under Sections 30-16.1 through 30-16.6,
inclusive, of this Article, may be used at those State supported
universities where there are provided Reserve Officer's Training
Corps programs of the several Armed Services over a period during which
the eligible recipient is
eligible for enrollment in the program. The scholarships exempt the holder
from the payment of tuition, or any matriculation, graduation, activity,
term or incidental fee, except any portion of a multi-purpose fee which is
used for a purpose for which exemption is not granted under this Section.
Exemption may not be granted for any other fees including book rental,
service, laboratory, supply, Union Building, hospital and medical insurance
fees and any fees established for the operation and maintenance of
buildings, the income of which is pledged to the payment of interest and
principal, or bonds issued by the governing board of the universities.
Any student who has been or is awarded a scholarship shall be reimbursed
by the appropriate university for any fees which he has paid and for which
exemption is granted under this Section, if application for such
reimbursement is made within 2 months following the school term for which
the fees were paid.
The holder of a scholarship is subject to all examinations, rules and
requirements of the university in which he is enrolled, except as herein
directed.
The provisions of Sections 30-16.1 through 30-16.6 of this Act do not
prohibit the Board of Trustees of the University of Illinois, the Board of
Trustees of Southern Illinois University,
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, and the Board of Trustees of Western Illinois University
from granting other scholarships.
(Source: P.A. 89-4, eff. 1-1-96.)
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105 ILCS 5/30-16.5
(105 ILCS 5/30-16.5) (from Ch. 122, par. 30-16.5)
Sec. 30-16.5.
Leaves of absence to holders of scholarships.
Any student enrolled in a university to which he is requesting a
scholarship issued under the provisions of Section 30-16.3 of this Act
who satisfies the President of the University, or someone designated
by him, that he requires leave of absence while in attendance, or on
account of illness, or military service, may be granted such leave and
allowed a period of not to exceed 6 years, in which to complete his course
at the university. Time spent in the armed services is not a part of the 6
years.
(Source: P.A. 79-768.)
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105 ILCS 5/30-16.6
(105 ILCS 5/30-16.6) (from Ch. 122, par. 30-16.6)
Sec. 30-16.6.
Registration of eligible recipients; examination.
The president or chairman of the board of each private junior college or
public community college, and the
President of each University in which a Reserve Officer's Training Corps
program is available, or some individual or committee designated by such
person,
shall receive and register the names of all eligible recipients applying
for the scholarships set forth in Section 30-16.3. Applicants shall take
an examination each year according to the rules prescribed jointly by the
President of the University of Illinois, the President of Southern Illinois
University, the President of Chicago State University, the President of
Eastern Illinois University, the President of Governors State University, the
President of Illinois State University, the President of Northeastern Illinois
University, the President of Northern Illinois University, and the President of
Western Illinois University. The
scholarships shall be awarded on a merit basis to those eligible recipients
receiving the highest grades with evidence of leadership ability, and the
number of scholarships to be awarded in any institution shall be as set
forth in Section 30-16.3.
(Source: P.A. 89-4, eff. 1-1-96.)
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105 ILCS 5/30-17
(105 ILCS 5/30-17) (from Ch. 122, par. 30-17)
Sec. 30-17.
Revocation of Scholarship Because of Misconduct.
If the holder of any scholarship funded in whole or in part by this
State, whether granted by the State Scholarship Commission, granted
pursuant to any of Sections 30-1 through 30-16.6 or otherwise granted by
any State supported college or university and whether used at a
State-supported institution of higher learning or at a private institution,
participates in any disorderly disturbance or course of conduct directed
against the administration or policies of such an institution using means
which are not protected by the constitution of this State or of the United
States, his scholarship is thereupon revoked and no further payments under
that scholarship may be made to him or on his behalf, notwithstanding any
other provision to the contrary.
The initial determination as to whether the means employed in a course
of conduct are not protected by the Constitution of this State or of the
United States shall be made by the chief executive officer of the
institution at which the scholarship recipient is enrolled. No revocation
shall take place until the recipient of the scholarship to be revoked is
afforded the opportunity to present evidence against revocation to the
chief executive officer or his representatives, either in person, in
writing, or by counsel of his choice.
(Source: P.A. 76-1580.)
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105 ILCS 5/30-17.1
(105 ILCS 5/30-17.1) (from Ch. 122, par. 30-17.1)
Sec. 30-17.1.
Scholarships-Draft Registration.
Each applicant for any
student financial aid funded in whole or in part by this State, whether
granted by the Illinois Student Assistance Commission, granted pursuant to
any of Sections 30-1 through 30-16.6 or otherwise granted by any State
supported college or university, and whether to be used at a State
supported institution of higher learning or at a private institution, shall
submit to the institution he or she is attending Selective Service
registration compliance documentation as required by Part 668 of Title 34
of the Code of Federal Regulations. If an applicant for or holder of any
such student financial aid fails to submit documentation in the manner and
within the time allowed, any pending application of such person for the
award, grant, or renewal of any such student financial aid shall be denied,
and any such student financial aid currently held by such person shall be
revoked to the extent that no further payments under that student financial
aid may be made. Procedures for notification and administrative review
shall be consistent with Part 668 of Title 34 of the Code of Federal Regulations.
(Source: P.A. 86-169.)
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105 ILCS 5/Art. 31
(105 ILCS 5/Art. 31 heading)
ARTICLE 31.
FRATERNITIES--SORORITIES
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105 ILCS 5/31-1
(105 ILCS 5/31-1) (from Ch. 122, par. 31-1)
Sec. 31-1.
Definition.
A public school fraternity, sorority or secret society, in this Article
means any organization, composed wholly or in part of public school pupils,
which seeks to perpetuate itself by taking in additional members from the
pupils enrolled in such school on the basis of the decision of its
membership rather than upon the free choice of any pupil in the school who
is qualified by the rules of the school to fill the special aims of the
organization.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/31-2
(105 ILCS 5/31-2) (from Ch. 122, par. 31-2)
Sec. 31-2.
Inimical to public good.
Any public school fraternity, sorority or secret society is inimical to
the public good.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/31-3
(105 ILCS 5/31-3) (from Ch. 122, par. 31-3)
Sec. 31-3.
Suspension or expulsion of members, pledges and solicitors.
The governing body of any public school shall suspend or expel any pupil
who is a member of or joins or promises to join, or who becomes pledged to
become a member of, or who solicits any other person to join, promise to
join or be pledged to become a member of any public school fraternity,
sorority or secret society.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/31-4
(105 ILCS 5/31-4) (from Ch. 122, par. 31-4)
Sec. 31-4.
Solicitation unlawful-Penalty.
It is unlawful for any person not enrolled in any public school of this
State to solicit any pupil enrolled therein to join or pledge himself or
herself to become a member of any public school fraternity, sorority or
secret society or to solicit any such pupil to attend a meeting thereof or
any meeting where the joining of any such fraternity, sorority or secret
society is encouraged. Whoever violates this section shall be guilty of a
petty offense and fined not less than $25 nor more than $100.
(Source: P.A. 77-2267.)
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105 ILCS 5/31-5
(105 ILCS 5/31-5) (from Ch. 122, par. 31-5)
Sec. 31-5.
Not
applicable to universities.
The provisions of this Article do not apply to fraternities, sororities
or secret societies in any State University nor to students thereof in
their relations to such organizations in these institutions.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/Art. 32
(105 ILCS 5/Art. 32 heading)
ARTICLE 32.
SPECIAL CHARTER DISTRICTS
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105 ILCS 5/32-1
(105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
Sec. 32-1. May vote to organize under general law.
(a) Any special charter district may, by vote of its electors, cease to
control its school under the Act under which it was organized, and become part
of the school township or townships in which it is situated. Upon petition of
50 voters of the district, presented to the board having the control and
management of the schools, the board shall order submitted to the voters at an
election to be held in the district, in accordance with the general election
law, the question of "organizing under the general school law".
The secretary of the board shall make certification to the proper election
authority in accordance with the general election law. If, however, a
majority of the votes cast at any such election in any school district subject
to Sections 32-3 through 32-4.11 is against organizing the district under
the general school law, the question may not again be submitted in the district
for 22 months thereafter, and then only upon petition signed by at least 2% of
the voters of the school district. Notice shall be given in accordance with
the general election law, which notice shall be in the following form:
NOTICE OF REFERENDUM
Notice is hereby given that on (insert date), a referendum will be held at.... for the purpose of deciding the
question of organizing under the general school law. The polls will be opened
at .... o'clock ..m and closed at .... o'clock ..m.
Signed .....
If a majority of the votes cast on the proposition is in favor of organizing
under the general school law, then the board having the control and management
of schools in the district, shall declare the proposition carried.
When such a proposition is declared to have so carried, the board of
education shall continue to exercise its powers and duties under the general
school law. Each member of the board of education selected under the provisions
of the special charter shall continue in office until his term has expired.
Before the term of each of these members expires, the board shall give notice
of an election to be held on the date of the next regular school election, in
accordance with the general election law to fill the vacancy which is created.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located a receipt
from the county clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
(b) Notwithstanding the foregoing, any special charter district whose board
is appointed by the mayor or other corporate authority of that municipality
may, by resolution adopted by the corporate authorities of that municipality
cease to control its school under the Act under which it was organized,
become a part of the school township or townships in which it is situated
and become organized under the general school law. If such a resolution
is adopted, the board of education shall continue to exercise its powers
and duties under the general school law. Each member of the board of education
selected under the provisions of the special charter shall continue in office
until his term has expired. Before the term of each of these members expires,
the board shall give notice of an election to be held on the date of the
next regular school election, in accordance with the general election law
to fill the vacancy which is created.
(Source: P.A. 98-115, eff. 7-29-13.)
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105 ILCS 5/32-1.1
(105 ILCS 5/32-1.1) (from Ch. 122, par. 32-1.1)
Sec. 32-1.1.
Election and powers of board - No provision in special act.
In all special charter districts maintaining schools under any general school
laws, where there is no provision in the special Acts creating such districts
for the election of boards of education as otherwise provided, there shall
be elected, in lieu of the school directors as now provided, a board of
education, to consist of 7 members to be elected at the time and in the
manner as provided by the general election law for the
election and qualification of boards of education in other cases. In any
district having a population of more than 100,000 but less than
2,000,000
such board may be increased in size to 11 members upon adoption by a majority
of electors residing in the district and voting on the question in a referendum
as provided in this Section. Such question shall be submitted to the electors
at an election upon a resolution adopted by the Board. Members
shall be elected biennially in the school district, whose term of office
shall be 4 years,
and there shall also be elected in each odd-numbered year
a president of the board. Following the first such election, those members
elected, other than the president, shall, by lot, determine 3 to serve 2
years and 3 to serve 4 years; thereafter, all terms shall be 4 years. In
other cases, however, if 4 members, other than the president, are elected
in 1983, then those elected shall, by lot, determine one to serve for 2
years and 3 to serve 4 years; thereafter all terms shall be 4 years. In
neither case shall such determinations affect the biennial selection of
the president. At the first regular school election after
the adoption by the district electors of a question as provided in this
Section increasing the size of the board in those districts entitled to
exercise an option for and elect an 11 member board, 4 additional members
shall be elected and shall determine by lot 2 to serve for 2
years and 2 for 4 years.
Their successors shall serve for a 4 year term. In case of
an 11 member board already in existence, if 7 members, other than the
president,
are elected in 1983 then those members elected shall, by lot determine one
to serve 2 years and 6 to serve 4 years. Terms thereafter shall be 4 years.
The board of education shall have all the powers and duties of trustees
of schools in school townships and the powers and duties of boards of education
in districts having a population of not fewer than 1,000 and not more than
500,000 as provided by this Act.
The day upon which the election provided for in this section is to be held
is subject to the provisions of the general election law.
(Source: P.A. 86-225.)
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105 ILCS 5/32-1.2
(105 ILCS 5/32-1.2) (from Ch. 122, par. 32-1.2)
Sec. 32-1.2.
Powers of election boards.
A school board of any special charter district that is elected by the
voters shall have the powers and duties of school trustees.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-1.3
(105 ILCS 5/32-1.3) (from Ch. 122, par. 32-1.3)
Sec. 32-1.3.
Determination to elect-Election-Powers.
Any special charter district having a population of not less than 1,000
and not over 20,000, may, by vote of its electors, determine to elect,
instead of the directors or other governing or managing board now provided
for by the special Act under which it was organized, a board of education
which shall be elected at the time and in the manner and have the powers
conferred upon boards of education of districts under this Act.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-1.4
(105 ILCS 5/32-1.4) (from Ch. 122, par. 32-1.4)
Sec. 32-1.4.
Petition - referendum - election of board.
Upon petition
of 50 voters of any district as defined in Section 32-1.3 presented to the
board having the control and management of schools, the board shall, at
the next regularly scheduled election held in such district cause to be
submitted to the voters thereof, in accordance with the general election
law, the proposition of "electing a board of education having the powers
conferred upon such boards in districts organized under The School Code".
The board shall publish notice of such election, in the manner provided by the
general
election law, which notice may be in the following form:
Public notice is hereby given that on (insert date), a referendum will be
held at ...., between the hours of ...
..m. and ... ..m. of said day for the purpose of deciding the
question of "electing a board of education having the powers conferred upon
such boards in districts organized under the School Code".
If a majority of the votes cast is in favor of the proposition, then at
the time of the next regular election for boards of education, there shall
be elected a board of education for the district.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/32-1.5
(105 ILCS 5/32-1.5) (from Ch. 122, par. 32-1.5)
Sec. 32-1.5.
Election of board of education.
Any special charter district
may, by vote of its electors, determine to elect, instead of the managing
board provided for by its special charter, a board of education which shall
be elected at the time and in the manner as boards of education under Article
10 of this Act; but such determination shall not affect any other powers
or duties conferred or imposed by the special charter.
Upon petition of 10% or 200 of the voters, whichever is less, of any such
district requesting a referendum therefor, presented to the managing board
thereof, the board shall, or upon its own initiative if no such petition
has been presented the board may order submitted to the voters at the next
regular election, in accordance with the general election law, a proposition
to elect a board of education of 3 or 5 or 7 members, as the case may be.
The proposition shall be substantially as follows:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall school district.... be governed by a board of education of.... members YES to be elected at the time and in the manner - - - - - - - - - - - - - - - -
as boards of education under Article 10 NO of the School Code? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If more than one proposition is properly presented to the board, the one
first presented shall be submitted to the electors.
If such proposition receives a majority of all valid votes cast thereon,
the change in membership shall
be effectuated at the next succeeding regular school election. In the conduct
of such election, the managing board shall take such measures as may be
necessary to arrange for the election of a board of 3, 5, or 7 members,
as the case may be. The new board shall be organized as provided in Article
10 of this Act, except that, if only 5 members are
to be elected, 2 (instead of 3) shall be selected by lot for a
2 year term, and if only 3 members are to be elected, then one
shall be selected by lot for a 2 year term. In case of a 5 member board already
established, if 4 are elected in 1983, then those elected shall by lot
determine 2 to serve 2 years and 2 to serve 4 years. All successors, except
to fill vacancies, shall be elected for terms of 4 years.
In the case of a 5 member board already established, on which the members
serve 5 year terms, the member elected in 1981 shall serve a 6 year term.
The 2 members elected in 1983 shall serve 6 year terms. The 2 members elected
in 1985 shall also serve 6 year terms. All successors, except to fill vacancies,
shall be elected for terms of 6 years.
As soon as the first new board is organized, the terms of all members of
the predecessor board shall terminate.
In any such school district which determines to elect a new board of education
as hereinabove authorized, the number of members on the board may thereafter
be changed by following the procedure hereinabove set forth.
At least 22 months must elapse after the date of an election
under this section before any of the above propositions may be again submitted
to the electors.
(Source: P.A. 81-1490 .)
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105 ILCS 5/32-1.6
(105 ILCS 5/32-1.6) (from Ch. 122, par. 32-1.6)
Sec. 32-1.6.
School board districts.
Section 9-22 applies to all special charter districts as well as those
organized under the general school law.
(Source: P.A. 78-536.)
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105 ILCS 5/32-2.1
(105 ILCS 5/32-2.1) (from Ch. 122, par. 32-2.1)
Sec. 32-2.1.
Boards to which preceding section applicable.
The provisions of Section 32-2 shall apply to the board of school
inspectors of the City of Peoria and to all other boards of directors,
boards of education, and boards of school inspectors existing under any
special school charter heretofore granted by the State.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-2.5
(105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
Sec. 32-2.5. Election of board of education in lieu of appointive board. In all special charter districts having a population of over 35,000 by the
last federal census, where the board of directors or board of education
is elected or appointed by the city council of the city, of which school
district such city may form the whole or a part, and where there are no
provisions in the special charter creating such school district for the
election of a board of directors or board of education, there shall be elected
in lieu of the present governing body a board of education to consist of
7 members. Nomination of a candidate for member of the board of education
shall be made by petitions signed in the aggregate by not less than 200
qualified voters residing in the school district, and also by filing with
the petitions a statement of candidacy as provided in the general election
law, which petitions and statements
of candidacy shall be filed in the office of the board of education in
accordance with the general election law.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located a receipt
from the county clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
The county clerk or the county board of election commissioners shall make certification to the proper election
authority in accordance with the general election law.
(Source: P.A. 98-115, eff. 7-29-13.)
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105 ILCS 5/32-2.6
(105 ILCS 5/32-2.6) (from Ch. 122, par. 32-2.6)
Sec. 32-2.6.
Election - vacancies - names on ballots.
All elections in school districts described in Section 32-2.5 shall
be conducted in accordance with the provisions of the general election law.
If any member of the board of
education is disqualified to hold office, the board of education may, by
resolution, declare the office vacant, and provide for an appointment
to fill the vacancy until the next election
for members of the board of education. The nomination and
election of a candidate thereupon to fill the vacancy shall be made in the same
manner as the nomination of a candidate for a regular term, as
hereinbefore provided, except that there shall be printed on the ballot
that the election is for a certain number of persons for a certain
number of years to fill a vacancy. The names of all candidates for member of such board
of education shall be printed on the ballot in alphabetical order
according to their surnames.
(Source: P.A. 80-1469.)
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105 ILCS 5/32-2.10
(105 ILCS 5/32-2.10) (from Ch. 122, par. 32-2.10)
Sec. 32-2.10.
Application of law.
In all special charter districts of this State having a population of not
more than 50,000 lying wholly or in part within any city, village, or incorporated
town, the school directors or members of the board of education,
as provided in the special charter, shall be elected at elections held as
provided by the general election law, and all
propositions pertaining to said school districts required to be submitted
to the voters thereof shall be voted upon at elections held as provided
in the general election law.
(Source: P.A. 81-1490.)
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105 ILCS 5/32-2.11
(105 ILCS 5/32-2.11) (from Ch. 122, par. 32-2.11)
Sec. 32-2.11.
Election of board members.
In every city whose schools have
been operating under special Acts and are governed by a board of school
inspectors where such city, together with territory added thereto for school
purposes, includes 2 districts for the purpose of electing 6 inspectors
(3 in each district) and 1 district for all other school purposes, there
shall continue to be elected a board of school inspectors, consisting of
6 members (3 in each district) and 1 inspector at large who shall be chosen
for a term of 4 years. If 4 inspectors, excluding the inspector
at large, are elected in 1983, those selected shall by lot determine one
inspector to serve for 2 years and 3 for 4 years. Thereafter all terms
shall be for 4 years.
(Source: P.A. 81-1490.)
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105 ILCS 5/32-2.12
(105 ILCS 5/32-2.12) (from Ch. 122, par. 32-2.12)
Sec. 32-2.12.
Time for election of board members.
In all special charter districts, the regular election of members
of such boards shall hereafter be held on the date set for
school elections
as provided in the general election law in
odd numbered years.
(Source: P.A. 81-1490.)
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105 ILCS 5/32-2.13
(105 ILCS 5/32-2.13) (from Ch. 122, par. 32-2.13)
Sec. 32-2.13.
No annexation accomplished pursuant to Section 7-2.1 shall
affect the method of selection of the board of the special charter district
as otherwise provided by law excepting in those instances where the special
charter has an appointive school board appointed solely within the
boundaries of a municipality within such special charter school district;
in those instances where there are voters living within the school
district, but outside the municipality, the county superintendent of
schools having supervision over the greatest portion of the territory of
the special charter district shall appoint one additional member to the
board of education of the special charter district effective with the date
and for the term for which other appointments to the special charter board
are effective; provided, further, that during any period the number of
voters living within such school district but outside the municipality
exceeds a quotient determined by dividing the total number of voters living
in the municipality by the number of school board members appointed within
said municipality, the county superintendent shall appoint one additional
school board member for each time such quotient is equaled.
(Source: P.A. 82-783.)
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105 ILCS 5/32-3
(105 ILCS 5/32-3) (from Ch. 122, par. 32-3)
Sec. 32-3.
Law
governing appointment.
Where, by the provisions of any general or special law, the members of
the city council of any city have been made ex-officio school directors or
members of the board of education for the school district of which the city
constitutes the whole or a part, the school directors or members of the
board of education shall be appointed as provided in Section 32-3.1.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.1
(105 ILCS 5/32-3.1) (from Ch. 122, par. 32-3.1)
Sec. 32-3.1.
Nomination by mayor-President of board.
The mayor of any city described in Section 32-3, at the first regular
meeting of the city council, after each annual municipal election and after
his installation into office, shall nominate and place before the council
for confirmation as school directors or members of the board of education,
as the case may be, 1 person from each ward of the city to serve for 2
years and 1 person from the city at large to serve for 1 year. If the
persons so appointed are confirmed by a majority vote of the city council,
to be entered of record, such persons shall constitute the board of
education or school directors for the district. The person appointed from
the city at large for 1 year shall be president of the board of education
or school directors but shall have no vote except in case of a tie.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.2
(105 ILCS 5/32-3.2) (from Ch. 122, par. 32-3.2)
Sec. 32-3.2.
City of 45,000-Number of members-Nomination-Vacancy.
In any city, however, having a population of 45,000 or more,
constituting a school district to which Sections 32-3 to 32-4.11,
inclusive, are applicable, the board of education shall consist of 11
persons who shall be nominated by the mayor from the city at large and
confirmed by a majority vote of the city council, 1 of which persons shall
be designated by the mayor as the president of the board of education. The
president shall have no vote except in case of a tie. 5 Members of the
board of education and such person as may be designated as the president
thereof shall be nominated by the mayor and placed before the city council
for confirmation at the first regular meeting of the city council after the
mayor's installation into office, and upon confirmation by the council
shall hold their offices for 2 years and until their successor shall be
chosen as herein provided. The remaining 5 members of the board of
education shall be nominated by the mayor and placed before the city
council for confirmation at the first regular meeting of the city council
next after 1 year from the date of the mayor's installation into office,
and upon confirmation by the council shall hold their offices for 2 years
and until their successors shall be chosen as herein provided. If a vacancy
occurs in the board of education, the mayor shall nominate and place before
the city council for confirmation at a regular meeting thereof some person
to fill the vacancy, and upon confirmation by the city council, the person
so nominated shall hold the office during the remainder of the term for
which his predecessor was appointed.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.3
(105 ILCS 5/32-3.3) (from Ch. 122, par. 32-3.3)
Sec. 32-3.3.
Organization and powers of board.
The board members appointed under Section 32-3.1 to 32-3.2 shall, as
soon as practicable after their appointment, organize by electing 1 of
their number secretary, who shall hold his office for 1 year.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.5 (105 ILCS 5/32-3.5)
Sec. 32-3.5. Student board member. The governing board of a special charter district may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05.) |
105 ILCS 5/32-4
(105 ILCS 5/32-4) (from Ch. 122, par. 32-4)
Sec. 32-4.
Powers of board.
The board of inspectors referred to in Section 32-2.11 may, in addition
to the powers conferred upon it by special law and the applicable
provisions of this Act, employ teachers, janitors and such other employees
as it deems necessary and fix the amount of their compensation; buy or
lease sites for schoolhouses, with the necessary grounds; build, erect,
lease or purchase buildings suitable for school purposes; repair and
improve buildings and furnish them with the necessary supplies, fixtures,
apparatus, libraries and fuel; and may lease school property, when not
needed for school purposes, for a term of not longer than 99 years from the
date of the granting of the lease. All such leases shall provide for
revaluation privileges at least once in every 20 years.
In case the school board and the lessee cannot agree on revaluation and
a new rent, the same shall be determined in the following manner: 3 arbitrators
shall be appointed, 1 by the school board, 1 by the
lessee, and 1 by the arbitrators appointed by the school board and the
lessee. The 3 arbitrators, or a majority of them, shall fix and determine
the revaluation and the new rent and their decision or a decision of a
majority of them shall be final.
When, in the opinion of the school board,
a school site, building, or site with building thereon, or any other real
estate of the district, has become unnecessary or unsuitable or
inconvenient for a school, or unnecessary for the uses of the district and
the school board decides to sell the same,
unless the property is to be sold to a tenant that has leased the
property for 10 or more years and that tenant is a non-profit agency, the
school board shall give notice of the sale
stating the time and place the sale is to be held, the terms of the sale
and a description of the property to be sold. The notice shall be published
in a newspaper of general circulation published in the district, or if
none, in the county in which the district is situated, such notice to be
published once each week for 3 successive weeks, and the first publication
to be at least 30 days prior to the day the sale is to be held. Unless the
school board holds legal title to the property, the school
board shall notify the trustees of schools of the terms upon which the school
board
desires the property to be conveyed. The school board or trustees of
schools holding legal title to the property shall convey the property in
accordance with the terms fixed by the school board.
The deed of
conveyance shall be executed
by the president and secretary or clerk of the school board or trustees of
the school holding legal title to the property and the proceeds if any shall be
paid
to the school treasurer for the benefit of the district.
In the case of a sale of property to a tenant that has leased the
property for 10 or more years and that is a non-profit agency, an
appraisal is required prior to the sale. If the non-profit agency purchases
the property for less than the appraised value and subsequently sells the
property, the agency may retain only a percentage of the profits that is
proportional to the percentage of the appraisal,
plus any improvements made by the agency while the agency was the
owner,
that the agency paid in the
initial sale.
The remaining portion of the profits made by the non-profit agency
shall revert to the school district.
(Source: P.A. 92-365, eff. 8-15-01.)
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105 ILCS 5/32-4.1
(105 ILCS 5/32-4.1) (from Ch. 122, par. 32-4.1)
Sec. 32-4.1.
Annual tax levy - Township treasurer custodian.
The board of school inspectors of districts described in Section 32-2.11
may levy a tax, annually, upon all of the taxable property of the
district, in the manner provided by Sections 17-2 through 17-9, and in
accordance with the powers conferred by Section 32-4. All moneys raised by
taxation for school purposes, or received from the common school fund or
any other source, or held or collected for school purposes, shall be paid
to and held by the school treasurer as a special fund for school purposes,
subject to the order of the board of school inspectors upon warrants signed
by the president and secretary thereof or a majority of the board.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.2
(105 ILCS 5/32-4.2) (from Ch. 122, par. 32-4.2)
Sec. 32-4.2.
Leasehold revenue bonds.
The board of inspectors of districts described in Section 32-2.11 in
addition to all other powers conferred upon it by special law and the
applicable provisions of this Act, may borrow money for the purpose of
building schoolhouses, or repairing, altering or building additions to any
schoolhouses already erected, or purchasing schoolhouse sites, or
purchasing land outside the school district pursuant to the provisions of
Section 22-16 and as evidence of the indebtedness may issue revenue bonds
in denominations of not less than $100 nor more than $1,000 payable solely
from rentals or other revenue to be derived from any lease of school
property made by said board of inspectors in accordance with the power
conferred by Section 32-4. Said bonds shall be negotiable instruments and
shall bear interest at a rate not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, payable
semi-annually, and shall mature at or prior to the expiration of the term
of said lease, provided that in any event all such bonds shall mature
within 40 years from the date of said bonds. Said bonds shall not
constitute a general obligation of the school district and may be issued in
addition to all other bonds which the school district is now or hereafter
may be authorized to issue. Said bonds shall not constitute an indebtedness
of the school district within the meaning of any constitutional or
statutory limitation.
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.
(Source: P.A. 86-4 .)
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105 ILCS 5/32-4.3
(105 ILCS 5/32-4.3) (from Ch. 122, par. 32-4.3)
Sec. 32-4.3.
Resolution.
Said bonds shall be sold in such manner and upon such terms not
inconsistent with the provisions hereof as the board of inspectors shall
determine by resolution authorizing the issuance of said bonds. The
resolution may contain such covenants and restrictions upon the issuance of
additional revenue bonds thereafter as may be deemed necessary or advisable
for the assurance of the payment of all revenue bonds previously issued and
secured by the rentals and other revenue from any lease upon the same
school property. The resolution shall pledge the rentals and other revenue
from said school property for the purpose of paying the cost of operation
and maintenance of said school property, providing an adequate depreciation
fund, and paying the principal of and interest on bonds issued pursuant
thereto and shall provide for the deposit of all rentals and other revenue,
as received, in a special fund to be used only for the purpose of paying
the cost of operating and maintaining said school property, providing an
adequate depreciation fund, and paying the principal of and interest on
said bonds.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.4
(105 ILCS 5/32-4.4) (from Ch. 122, par. 32-4.4)
Sec. 32-4.4.
Publication - Referendum on petition.
Within 10 days after
this resolution has been adopted by the board of inspectors it shall be
published at least once in 1 or more newspapers published in the school
district, or if no newspaper is published in such school district, then in
1 or more newspapers with a general circulation therein. The publication of
the resolution shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the resolution be submitted to the electors of the school district; (2) the
time in which such petition must be filed; and (3) the date of the
prospective referendum. The secretary of the Board of inspectors shall
provide a petition form to any individual requesting one. If no petition is
filed with the secretary of the board of inspectors as hereinafter provided
in this Section within 30 days after the publication of the resolution, or
if any and all petition filed are invalid, the resolution shall be in
effect immediately upon the expiration of that 30 day period. But if within
that 30 day period a petition is filed with the secretary, signed by voters
residing within the school district equal to 10% or more of the number of
registered voters in the district, asking that the question of issuing
revenue bonds as provided in said resolution be submitted to the voters of
the school district, the board of inspectors of the school district shall
certify the proposition of issuing revenue bonds as described in said
resolution to the proper election authorities for submission to the
electors in accordance with the general election law. If a majority of the
voters voting upon the question voted in favor of the issuance of said
revenue bonds, then the resolution shall be in effect, but if a majority of
the voters voting upon the question are not in favor thereof, the
resolution shall not take effect.
(Source: P.A. 87-767.)
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105 ILCS 5/32-4.5
(105 ILCS 5/32-4.5) (from Ch. 122, par. 32-4.5)
Sec. 32-4.5.
Signing, attestation, numbering and registration.
All bonds issued pursuant to the authority of sections 32-4.2 to 32-4.5,
inclusive, shall be signed, attested, countersigned, numbered, and
registered and disposition thereof made pursuant to the provisions of
section 32-5.9.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.6
(105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
Sec. 32-4.6. Title, care and custody of property; supervision and control. The title, care and custody of all schoolhouses and school sites
belonging to districts that are described in Section 32-2.11 and that are
not districts whose school boards under subsection (a) of Section 10-22.35B of this Code are to
hold legal title to school buildings and school sites of the district shall
be vested in the
trustees of schools of the townships in which the districts are situated, but the supervision
and control of such schoolhouses and sites shall be vested in the board of
inspectors of the districts.
In all other cases, the legal title, care, custody and control of school
houses and school sites belonging to districts that are described in Section
32-2.11, together with the supervision and control of those school houses and
sites, shall be vested in the board of inspectors of the districts.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/32-4.7
(105 ILCS 5/32-4.7) (from Ch. 122, par. 32-4.7)
Sec. 32-4.7.
Change of boundaries.
The trustees of schools of townships in which districts described in
Section 32-2.11 are situated may change the boundaries of such school
districts when petitioned as provided by this Act.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.8
(105 ILCS 5/32-4.8) (from Ch. 122, par. 32-4.8)
Sec. 32-4.8.
Powers of boards - Bond of treasurer.
The board of education of a school district described in Section 32-2.5
shall have all the powers of trustees of schools in school townships and
all the powers of boards of directors, and boards of education elected by
virtue of this Act, and shall also have power to elect and appoint a
secretary for such board, who shall attend all its meetings and keep an
accurate record of all proceedings of the board and shall also have power
to appoint a treasurer for the district whose term of office, duties and
obligations shall be the same as a treasurer appointed by the trustees of
schools, except that the treasurer appointed under this section shall not
be obliged to keep a record of the proceedings of the board. The treasurer
shall, before entering upon his duties, execute a bond in such amount and
with such sureties to be approved by the board of education, and containing
such provisions, as provided in Section 8-2 for the bonds of treasurers
appointed by trustees of schools; provided, however, the board of education
of a school district described in Section 32-2.5 shall not be required to
submit to the voters the propositions of selecting school sites, purchasing
school sites and building school buildings, as provided by any other
section of this Act, but shall have power in its discretion to select and
purchase school sites and build, repair, alter and build additions to any
school buildings which is deemed necessary and in the interests of the
district, and the power to issue bonds and the procedure to be followed in
the issuance of bonds shall be governed by the provisions of Sections 32-5.6 to
32-5.9 inclusive.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.9
(105 ILCS 5/32-4.9) (from Ch. 122, par. 32-4.9)
Sec. 32-4.9.
Powers and duties of board members.
All rights, powers and duties heretofore exercised by and devolved upon
the members of the city council, as ex-officio member of the board of
education, or school directors, shall devolve upon and be exercised by the
members of the board of education and school directors appointed under the
provisions of this Article.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.10
(105 ILCS 5/32-4.10) (from Ch. 122, par. 32-4.10)
Sec. 32-4.10.
Amount to be raised-Tax levy.
In all school districts to which Sections 32-3 to 32-4.11, inclusive,
apply the school boards shall annually, before August 1, certify to the
city council under the signatures of the president
and secretary of
the board, the amount of money required to be raised by taxation for school
purposes in the district for the ensuing year, and the city council shall
thereupon cause the amount to be levied and collected in the manner now
provided by law for the levy and collection of taxes for school purposes in
the district, but the amount to be so levied and collected shall not exceed
the amount now allowed to be collected for school purposes by this Act.
When such taxes have been collected and paid over to the treasurer of the
city or school district, as may be provided by the terms of the Act under
which the district has been organized, such funds shall be paid out only on
the order of the board of education or school directors, signed by the
president and secretary.
(Source: P.A. 84-550.)
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105 ILCS 5/32-4.10a
(105 ILCS 5/32-4.10a)
Sec. 32-4.10a. (Repealed).
(Source: P.A. 77-4. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/32-4.11
(105 ILCS 5/32-4.11) (from Ch. 122, par. 32-4.11)
Sec. 32-4.11.
Tax
anticipation warrants.
Whenever there is no money in the hands of the treasurer of any school
district to which Sections 32-2 to 32-4.11, inclusive,
shall apply, to defray the necessary expenses of such district, including
amounts necessary to pay maturing principal and interest of bonds, it is lawful
for the school board of
the district to draw and issue warrants against and
in
anticipation of any taxes already levied for the payment of the necessary
expenses of the district, either for transportation, educational or for
all operations, building and maintenance purposes, or for payments to
the Illinois Municipal Retirement Fund, or for the payment of maturing principal
and interest of bonds, as the case may be, to the extent
of 85% of the total amount
of any such taxes levied. The warrants shall show upon their face that they
are payable solely from said taxes when collected, and shall be received by
any collector of taxes in payment of the taxes against which they are
issued. The taxes against which the warrants are drawn shall be set apart
and held for their payment. Every warrant shall bear interest, payable only
out of the taxes against which it shall be drawn, 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, if issued before
January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued after January 1, 1972, from
the date of its issuance until
paid, or until notice is given by publication in a newspaper or otherwise
that the money for its payment is available and that it will be paid upon
presentation.
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.
(Source: P.A. 86-4 .)
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105 ILCS 5/32-4.12
(105 ILCS 5/32-4.12) (from Ch. 122, par. 32-4.12)
Sec. 32-4.12.
Sale of real estate-Use of proceeds.
The board of education of any special charter district may sell and
dispose of any real estate conveyed to it by any city for school purposes
and use the proceeds derived from the sale thereof for school building
purposes or for the purchase of other real estate for such purposes.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.13
(105 ILCS 5/32-4.13) (from Ch. 122, par. 32-4.13)
Sec. 32-4.13.
Eminent domain.
Whenever any school district existing by virtue of any special charter
and governed by any or all such special charter or special school laws of
this State, and having a population of fewer than 500,000 inhabitants,
requires any lot or parcel of land situated within the district for a site
for a school building or for an addition to any school building already
erected and used for school purposes, or requires any lot or parcel of land
situated within such school district for the purpose of a playground for
school children, and the compensation for such lot or parcel of land cannot
be agreed upon between the owner or owners of such lot or parcel of land
and the corporate authority managing and controlling the public schools of
such district it is lawful for the corporate authority of the district to
acquire such lot or parcel of land and have the compensation to be paid
therefor determined in the manner provided by law for the exercise of the
right of eminent domain.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.14
(105 ILCS 5/32-4.14) (from Ch. 122, par. 32-4.14)
Sec. 32-4.14.
Issuance of orders.
The corporate authorities of any special charter district having a
population of less than 500,000 may issue and deliver at least once each
month to the teachers and employees of the district orders on the treasurer
of the district in payment of their salaries. Such orders shall state the
rate of compensation and time for which the teacher or employee is paid and
an order so issued, properly endorsed and paid in full shall be sufficient
receipt for the purpose of this and the succeeding section. The corporate
authorities shall issue no order except an order for the payment of wages
of teachers and employees unless at the time of its issuance there are
sufficient funds in the hands of the treasurer to pay it.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.15
(105 ILCS 5/32-4.15) (from Ch. 122, par. 32-4.15)
Sec. 32-4.15.
Form of orders.
Every order issued by the corporate authorities of a district as
described in Section 32-4.14 shall state for what purpose and on what
account it is issued, and shall be in the following form:
STATE OF ILLINOIS
$....... No. ....
To the Treasurer of .... School District, .... County, Illinois.
Pay to the order of .... the sum of .... Dollars ($....)
for .....
By order of the Board of Education (or Board of School Inspectors) of
.... School District, .... County, Illinois.
....(President)
....(Clerk)
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.16
(105 ILCS 5/32-4.16) (from Ch. 122, par. 32-4.16)
Sec. 32-4.16.
Cities, villages and towns-Levy made by board of education.
Where a school district was organized as a special charter district of a
city, village, or town, and where such district has an elective board of
education of either 5 or 7 members, and of which board the mayor of the
city, village or town is not ex officio a member, it is not necessary for
such board of education to present an annual financial report to the city,
village or town council, or board of trustees, nor a statement as to the
amount of money necessary to be raised by taxation for school purposes for
the ensuing school year and the council or board of trustees, as the case
may be, shall not make the levy for school purposes but the board of
education shall make the levy for school purposes for such district.
The certificate of such levy shall be made at the time and, as near as
may be, in the form and manner provided in Section 17-11.
(Source: P.A. 77-490 .)
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105 ILCS 5/32-5
(105 ILCS 5/32-5) (from Ch. 122, par. 32-5)
Sec. 32-5. Bond issues - district boundaries coextensive with city. For the purpose of building or repairing schoolhouses or purchasing
or improving school sites, including the purchase of school sites
outside the boundaries of the school district and building school
buildings thereon as provided by Section 10-20.10 of this Act, any
special charter district governed by a special charter, and special or
general school laws, whose boundaries are coextensive with or greater
than the boundaries of any incorporated city, town or village, where
authorized by a majority of all the votes cast on the proposition may
borrow money and as evidence
of the indebtedness, may
issue bonds in denominations of not less than $100 nor more than $1,000,
for a term not to exceed 20 years 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,
semi-annually, or quarterly,
signed by the president and secretary of the school board of the
district; provided, that the amount borrowed shall not exceed, including
existing indebtedness, 5% of the taxable property of such school
district, as ascertained by the last assessment for State and county
taxes previous to incurring such indebtedness.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989 (the effective date of Public Act 86-4), 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.
(Source: P.A. 99-642, eff. 7-28-16.)
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105 ILCS 5/32-5.1
(105 ILCS 5/32-5.1) (from Ch. 122, par. 32-5.1)
Sec. 32-5.1.
Registration, numbering and countersigning.
All bonds authorized by Section 32-5, before being issued, negotiated
and sold, shall be registered, numbered and countersigned by the treasurer
of the school district. The registration shall be made in a book in which
shall be entered the record of the election authorizing the school district
to issue bonds, and a description of the bonds issued, including the
number, date, amount, rate of interest and when payable.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-5.2
(105 ILCS 5/32-5.2) (from Ch. 122, par. 32-5.2)
Sec. 32-5.2.
Moneys paid into treasury - Delivery of bonds - Records.
All moneys borrowed by virtue of Section 32-5 shall be paid into the
treasury of the school district. Upon receiving the moneys, the treasurer
shall deliver the bonds issued therefor to the persons entitled to receive
them, and shall credit the amount received to the district. The treasurer
shall record the amount received for each bond issued, and when any bond is
paid the treasurer shall cancel it and enter in the register opposite the
record of the bond the words "paid and cancelled" and
the date of the payment.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/32-5.3
(105 ILCS 5/32-5.3) (from Ch. 122, par. 32-5.3)
Sec. 32-5.3.
Election - Notice - Judges.
Whenever it is desired to hold a referendum for the purpose of
borrowing money as provided by Section 32-5, the school board of the
district in which the proposition is to be held shall
adopt a resolution ordering the referendum and shall certify the proposition
to the proper election authorities who shall submit the proposition at a
regular scheduled election in accordance with the general election law.
(Source: P.A. 81-1489.)
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105 ILCS 5/32-5.5
(105 ILCS 5/32-5.5) (from Ch. 122, par. 32-5.5)
Sec. 32-5.5.
Issue of new bonds.
When any school district described in Section 32-5 has heretofore
issued bonds or other evidences of indebtedness, on account of any public
school building, or for any other purpose, which are now binding and
subsisting obligations against such school district and remaining
outstanding, such school district may, upon the surrender of any such bonds
or any part thereof, or other evidences of indebtedness, issue in lieu
thereof, to the holders of the bonds, or to any persons, for money with
which to take them up, new bonds in accordance with the provisions of
Sections 32-5 to 32-5.4, inclusive; provided, such bonds shall not be
issued so as to increase the aggregate indebtedness of such school district
to exceed, including existing indebtedness, 5% of the taxable property of
such school district, to be ascertained by the last assessment for State
and county taxes previous to incurring such indebtedness.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-5.6
(105 ILCS 5/32-5.6) (from Ch. 122, par. 32-5.6)
Sec. 32-5.6.
Special charter districts with population less than
500,000 - Authority to borrow money and issue bonds. The corporate
authorities of any special charter district having a population of less
than 500,000 governed by a special charter, or special charter and
general law, may borrow money for the purpose of building schoolhouses,
or repairing, altering and building additions to any schoolhouse already
erected, or purchasing schoolhouse sites or purchasing grounds adjoining
any schoolhouse site, or separated therefrom only by a public street or
way, and shall also include the purchase of school sites outside the
boundaries of the school district and building school buildings thereon
as provided by Sections 10-22.35 and 10-22.36 of this Act, and may
issue its negotiable coupon bonds therefor in such form and such
denominations, payable at such place and at such time or times (not
exceeding 20 years from date of issuance) and bearing interest at such
rate as the corporate authorities may by resolution prescribe. The bonds
shall be in denominations of not less than $100 nor more than $5,000,
and shall bear 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, if issued
before January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued after
January 1, 1972, payable semi-annually. No money may be borrowed or
bonds issued, however, unless the proposition to borrow money and issue
bonds for the purpose or purposes and in the amount prescribed in the
resolution is certified to the proper election authorities and submitted
to the voters of the school district at a regular scheduled election
in accordance with the
general election law, and the majority of
all the votes cast on the proposition is in favor thereof. The
corporate authorities may not incur any indebtedness under this Section,
which together with all other outstanding indebtedness, exceeds in the
aggregate the indebtedness limitation under Section 19-1 of this Act
that would be applicable if the district were not a special charter
district.
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.
(Source: P.A. 86-4.)
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105 ILCS 5/32-5.7
(105 ILCS 5/32-5.7) (from Ch. 122, par. 32-5.7)
Sec. 32-5.7.
Submission to voters - Notice of election.
Whenever it is desired to submit to the voters of any school district
to which Section 32-5.6 applies the proposition to borrow money and
issue bonds for any or all of the purposes specified in Section 32-5.6,
the school board of such school district
shall adopt a resolution directing that such proposition be submitted
to referendum and the secretary of the board shall certify the proposition
to the proper election authorities for submission to the electors in accordance
with the general election law.
(Source: P.A. 81-1489.)
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105 ILCS 5/32-5.8
(105 ILCS 5/32-5.8) (from Ch. 122, par. 32-5.8)
Sec. 32-5.8.
Ballots.
The proposition
submitted to the voters of any school district to which Sections 32-5.6
to 32-5.9, inclusive, apply shall specify the total
amount of the bonds sought to be issued, and the specific purpose or
purposes for which the bonds shall be issued, and shall be substantially
in the following
form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall bonds or obligations for the purpose of (state specific YES purpose) in the sum of $.... be issued by (state whether to be - - - - - - - - - - - - - - - - - - - - - -
issued by the board of education or board of school inspectors) NO of....? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 81-1489 .)
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105 ILCS 5/32-5.9
(105 ILCS 5/32-5.9) (from Ch. 122, par. 32-5.9)
Sec. 32-5.9.
Signature and attestation - Numbering and registration - Delivery of bonds.
All bonds authorized to be issued under Sections 32-5.6 to 32-5.9,
inclusive, before being issued, negotiated and sold shall be signed by the
president of the school board and attested by the secretary and
countersigned by the treasurer of the school board or of the school
district. All of the bonds shall be numbered by such treasurer and
registered in a book. All moneys borrowed under Section 32-5.6 to 32-5.9,
inclusive, shall be paid into the treasury of the school board, or of the
school district, and thereupon the treasurer thereof shall deliver the
bonds therefor to the persons entitled to receive them. The treasurer shall
record the amount for which each bond is issued, negotiated and sold, and
when any bond is paid, he shall cancel it and enter in the register
opposite the record of the bond the date, month and year when it was paid.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-5.10
(105 ILCS 5/32-5.10) (from Ch. 122, par. 32-5.10)
Sec. 32-5.10.
Assumption of indebtedness of city for school purposes.
Whenever any city is by special law made a school district, or whenever
any school district created by special law is coterminous with any city,
the directors of the district may, at the request of the city council,
assume and provide for, by borrowing and taxation, any indebtedness created
by the authorities of the city for school purposes.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-6.1
(105 ILCS 5/32-6.1) (from Ch. 122, par. 32-6.1)
Sec. 32-6.1.
Territory disconnected from city or village.
Whenever the territorial limits of any special charter district governed
by any or all of the provisions of the special charter coincide with the
territorial limits of (1) any township which is wholly surrounded by any
school district, and (2) any city, town, or village from which any land has
been heretofore or is hereafter disconnected under the provisions of
Section 7-3-6 of the Illinois Municipal Code, as heretofore and hereafter
amended, as the territorial limits of such city, town or village existed
immediately prior to such disconnection, the land disconnected from such
city, town or village shall also be deemed to be disconnected from such
school district and annexed to a school district in the township it
adjoins.
(Source: Laws 1963, p. 923.)
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105 ILCS 5/32-6.2
(105 ILCS 5/32-6.2) (from Ch. 122, par. 32-6.2)
Sec. 32-6.2.
Bonded indebtedness.
The disconnection of any land under Section 32-6.1 shall not exempt it
from taxation for the purpose of paying any bonded indebtedness contracted
prior to the disconnection, but such land shall be assessed and taxed for
this purpose until such indebtedness is completely paid, the same as though
not disconnected. After the disconnection the county clerk of the county in
which such land is situated shall not include such land within the limits
of such school district for any purpose, except as stated herein, but shall
include it within the adjoining district.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-7
(105 ILCS 5/32-7) (from Ch. 122, par. 32-7)
Sec. 32-7.
Form of bond.
The form of bond to be given by any treasurer who
has the custody of funds belonging to any special charter district shall be
substantially in the following form:
We, (AB), principal, and (CD and EF), sureties, all of the County of .... and
State of Illinois, are obligated to the People of the State of Illinois, for
the use of the .... (name of school district) in the penal sum of $...., for
the payment of which to be made, we obligate ourselves, and each of us, our
heirs, executors, administrators, successors, and assigns.
Dated (insert date).
The condition of the above bond is that if the above obligated (AB)
shall perform all the duties which are, or may be required by law to be
performed by him as treasurer of the school district in the time and
manner prescribed, or to be prescribed by law, and when he shall be
succeeded in office and surrender and deliver over to his successor in
office all books, papers, moneys, and other things belonging to the
school district and pertaining to his office, then the above bond to
be void; otherwise, to remain in full force.
It is expressly understood and intended that the obligation of the above
named sureties shall not extend to any loss sustained by the insolvency,
failure, or closing of any bank or savings and loan association organized
and operating either under the
laws of the State of Illinois or the United States wherein such treasurer
has placed the funds in his custody or control, or any part thereof,
provided, such depository has been approved by the (board of education,
board of school inspectors or other governing body of the particular
district) of the .... (name of district).
A B ....
C D ....
E F ....
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/32-7.1
(105 ILCS 5/32-7.1) (from Ch. 122, par. 32-7.1)
Sec. 32-7.1.
Amount of bond.
The amount of the bond prescribed by Section 32-7 shall be fixed by the
governing body of the district but shall not be less than 1/10 of the
maximum amount of all moneys which came into the hands or control of such
treasurer or his predecessors during any fiscal year in the preceding 5
years nor less than 1 1/2 times the largest amount estimated by such
governing body will be in his hands or control at any one time if
individuals act as sureties nor less than the largest amount estimated by
such governing body will be in his hands or control at any one time if the
surety is a surety company authorized to do business in this State.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-7.2
(105 ILCS 5/32-7.2) (from Ch. 122, par. 32-7.2)
Sec. 32-7.2.
Teachers' orders.
The school treasurer of any special
charter district having a population of less than 500,000 shall pay out no
funds of the district except on an order of the corporate authorities
thereof, signed by the president and clerk, or by a majority of the board.
When an order issued for the wages of any teacher or employee of such
district is presented to the treasurer and is not paid for want of funds,
the treasurer shall endorse it over his signature "not paid for want of
funds", with the date of presentation, and shall make and keep a record of
such endorsement. The order shall thereafter bear interest at the rate
established by the school board of the district, payable annually, not
exceeding the rate authorized from time to time under the Bond
Authorization Act until the treasurer of such district notifies the clerk
in writing that he has funds to pay it, and the treasurer shall keep a
record of such notices and hold the funds necessary to pay such order until
it is presented. The order shall draw no interest after notice
is given to the clerk. Orders presented within 10 days after the notice
is mailed to the clerk shall be payable in the numerical order of their
issuance.
(Source: P.A. 86-715; 86-1161.)
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105 ILCS 5/32-7.3
(105 ILCS 5/32-7.3) (from Ch. 122, par. 32-7.3)
Sec. 32-7.3. Depositaries. The governing body of any special charter district, when requested by
the treasurer or custodian of the funds of the district, shall designate
one or more banks or savings and loan associations in which the funds
in the custody of the
treasurer or custodian may be kept. A bank or savings and loan association
designated as a depositary shall
continue as such until 10 days have elapsed after a new depositary is
designated and has qualified by furnishing the statements of resources and
liabilities as is required by this Section. When a new depositary is
designated, the board of education or other governing body shall notify the
sureties of the treasurer or custodian of that fact, in writing, at least 5
days before the transfer of funds. The treasurer or custodian shall be
discharged from responsibility for all funds which he deposits in a
depositary so designated while such funds are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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105 ILCS 5/Art. 33
(105 ILCS 5/Art. 33 heading)
ARTICLE 33.
DISTRICTS FROM 100,000 TO NOT MORE THAN 500,000 INHABITANTS
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105 ILCS 5/33-1
(105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
Sec. 33-1. Board of Education - Election - Terms. In all school districts,
including special charter districts having a population of 100,000 and not
more than 500,000, which adopt this Article, as hereinafter provided, there
shall be maintained a system of free schools in charge of a board of education,
which shall be a body politic and corporate by the name of "Board of Education
of the City of....". The board shall consist of 7 members elected by the
voters of the district. Except as provided in Section 33-1b of this Act,
the regular election for members of the board shall be held at the consolidated election in odd numbered years and at the general primary election
in even numbered years. The law governing the registration of voters for
the primary election shall apply to the regular election. At the first
regular election 7 persons shall be elected as members of the board. The
person who receives the greatest number of votes shall be elected for a
term of 5 years. The 2 persons who receive the second and third greatest
number of votes shall be elected for a term of 4 years. The person who
receives the fourth greatest number of votes shall be elected
for a term of 3 years. The 2 persons who receive the fifth and sixth greatest
number of votes shall be elected for a term of 2 years. The person who
receives the seventh greatest number of votes shall be elected for a term
of 1 year. Thereafter, at each regular election for members of the board,
the successors of the members whose terms expire in the year of election
shall be elected for a term of 5 years. All terms shall commence on July
1 next succeeding the elections. Any vacancy occurring in the membership
of the board shall be filled by appointment until the next regular election
for members of the board.
In any school district which has adopted this Article, a proposition for
the election of board members by school board district rather than at large
may be submitted to the voters of the district at the regular school election
of any year in the manner provided in Section 9-22. If the proposition
is approved by a majority of those voting on the propositions, the board
shall divide the school district into 7 school board districts as provided
in Section 9-22. At the regular school election in the year following the
adoption of such proposition, one member shall be elected from each school
board district, and the 7 members so elected shall, by lot, determine one
to serve for one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one for 5 years. Thereafter their respective successors shall be elected
for terms of 5 years. The terms of all incumbent members expire July 1
of the year following the adoption of such a proposition.
Any school district which has adopted this Article may, by referendum in
accordance with Section 33-1a, adopt the method of electing members of the
board of education provided in that Section.
Reapportionment of the voting districts provided for in this Article or
created pursuant to a court order, shall be completed pursuant to
Section 33-1c.
A board of education may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)
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105 ILCS 5/33-1a
(105 ILCS 5/33-1a) (from Ch. 122, par. 33-1a)
Sec. 33-1a.
Board of Education-Alternative Method of
Election-Terms. The board of education may, on its own motion, or shall
upon the petition of the lesser of 2,500 or 5% of the voters registered
in the district, submit to the voters of the district at a regular
school election held in an even-numbered year a proposition for the election of 4 board
members from school board districts and 3 board members at large. If
the proposition is approved by a majority of those voting on the
proposition, the board shall divide the school district into 4 school
board districts, each of which must be compact and contiguous and
substantially equal in population to each other district. At the school
election in the following year, one member shall be elected from each
school board district and 3 members shall be elected at large. They
shall commence their terms on July 1, at which time the terms of the
incumbent board members expire. Those members first elected under this
Section shall determine by lot which member at large and which 2
district members shall serve for 2 years; the other 2 members at large
and the other 2 district members shall serve for a 4 year term. Their
respective successors shall be elected for terms of 4 years.
The regular election for members of the board of education shall be
held on the same day as the regular township or municipal election.
Terms shall commence on July 1 following the election. Any vacancy
occurring in the membership of the board shall be filled by appointment
of the board until the next regular election for members of such board at
which election the office shall be filled.
(Source: P.A. 80-1469.)
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105 ILCS 5/33-1b
(105 ILCS 5/33-1b) (from Ch. 122, par. 33-1b)
Sec. 33-1b.
Whenever the date designated in Section 33-1 for the election
of members of boards of education conflicts with the celebration of Passover,
that election shall be postponed to the first Tuesday following the last
day of Passover.
(Source: P.A. 82-1014.)
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105 ILCS 5/33-1c
(105 ILCS 5/33-1c) (from Ch. 122, par. 33-1c)
Sec. 33-1c.
Reapportionment of board voting districts.
In the year
following each decennial census, the Board of Education shall reapportion
the board voting districts to reflect the results of such census. The
board voting districts shall be compact, contiguous and have substantially
the same ratio of population to the total population of the school district
as the ratio of the board members elected from that board voting district
has to the total number of members of the Board of Education. The
reapportionment plan shall be completed and formally approved by a majority
of the members of the board not less than 90 days before the last date
established by law for the filing of nominating petitions for the second
school board election after the decennial census year. If by
reapportionment a board member no longer resides within the board voting
district from which the member was elected, the member shall continue to
serve in office until the expiration of the member's regular term. All new
members shall be elected from the board voting districts as reapportioned.
(Source: P.A. 86-1331.)
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105 ILCS 5/33-2
(105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
Sec. 33-2. Eligibility. To be eligible for election to the board, a person
shall be a citizen of
the United States, shall have been a resident of the district for at least one
year immediately preceding his or her election, and
shall not be a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. Permanent removal from the
district by any member constitutes a resignation from and creates a vacancy
in the board. Board members shall serve without compensation.
Notwithstanding any provisions to the contrary in any special charter,
petitions nominating candidates for the board of education shall be signed
by at least 200 voters of the district; and the polls, whether they be
located within a city lying in the district or outside of a city, shall
remain open during the hours specified in the Election Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
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105 ILCS 5/33-3
(105 ILCS 5/33-3) (from Ch. 122, par. 33-3)
Sec. 33-3.
President, secretary and treasurer.
At the first regular meeting of the board in July of each year, or as
soon thereafter as may be, the board shall choose 1 of its number as
president, and shall appoint a secretary and a treasurer, who need not be
members of the board. The president, secretary and treasurer shall hold
their offices for 1 year and until their successors are appointed and
qualified. They shall be subject to removal by a majority of all the
members and in case of removal or where a vacancy otherwise occurs in
either of the offices the board shall appoint a successor to fill the
vacancy.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/33-4
(105 ILCS 5/33-4) (from Ch. 122, par. 33-4)
Sec. 33-4.
Rights, powers and duties of board.
The board of education shall succeed to all rights, powers and duties of
the former governing body of the district.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/33-5
(105 ILCS 5/33-5) (from Ch. 122, par. 33-5)
Sec. 33-5.
Interest in contracts or transactions.
No member or employee of the board shall be directly or indirectly
interested in any contract, work, or business of the district, or in the
sale of any article, the expense, price or consideration of which is paid
by the district; nor in the purchase of any real estate or property
belonging to the district, or which shall be sold by virtue of legal
process at the suit of the district. Whoever violates any provision of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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105 ILCS 5/33-6
(105 ILCS 5/33-6) (from Ch. 122, par. 33-6)
Sec. 33-6.
Adoption of article by voters.
The electors of any such
school district may adopt this Article in the following manner: whenever
1000 of the voters of the district voting at the last preceding election
petition the Chief Judge of the Circuit Court or any Judge of that
Circuit designated by the Chief Judge of the county in which the
district is located to submit to a vote of the electors of the district
the proposition as to whether the district shall adopt this Article, the
circuit court shall, upon entering an order to that effect, submit the
proposition at the next regular scheduled election. The court shall certify
the proposition to the proper election authorities for submission to the
electors in accordance with the general election law.
(Source: P.A. 81-1489.)
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105 ILCS 5/33-7
(105 ILCS 5/33-7) (from Ch. 122, par. 33-7)
Sec. 33-7.
Notice of election - Law applicable - Statement of proposition.
The Chief Judge of the Circuit Court or any Judge of that Circuit designated
by the Chief Judge shall give notice of the election at which such proposition
is to be submitted by publishing the notice in accordance with the general
election law. If a majority of the votes cast upon the proposition is in
favor thereof this Article shall thereby be adopted by the school district,
and the circuit court shall thereupon enter an order declaring this Article
in force therein.
(Source: P.A. 81-1490.)
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105 ILCS 5/Art. 34
(105 ILCS 5/Art. 34 heading)
ARTICLE 34.
CITIES OF OVER 500,000
INHABITANTS - BOARD OF EDUCATION
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105 ILCS 5/34-1
(105 ILCS 5/34-1) (from Ch. 122, par. 34-1)
Sec. 34-1.
Application of article; Definitions.
This Article applies only to
cities having a population exceeding 500,000.
"Trustees", when used in this Article, means the Chicago School Reform
Board of Trustees created by this amendatory Act of 1995 and serving as the
governing board of the school district organized under this Article beginning
with its appointment on or after the effective date of this amendatory Act of
1995 and continuing until June 30, 1999 or the appointment of a new Chicago
Board of Education as provided in Section 34-3, whichever is later.
"Board", or "board of education" when used in this Article, means: (i)
the Chicago School Reform Board of Trustees for the period that begins with the
appointment of the Trustees and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34-3;
and (ii) the new Chicago Board of Education from and after June 30, 1999 or
from and after its appointment as provided in Section 34-3, whichever is later.
Except during the period that begins with the appointment of the Chicago
School Reform Board of Trustees on or after the effective date of this
amendatory Act of 1995 and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34-3:
(i) the school district organized under this Article may be subject to further
limitations imposed under Article 34A; and (ii) the provisions of Article 34A
prevail over the other provisions of this Act, including the provisions of this
Article, to the extent of any conflict.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-1.01
(105 ILCS 5/34-1.01) (from Ch. 122, par. 34-1.01)
Sec. 34-1.01.
Intent.
The General Assembly has previously established
that the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their continuing
development, and the General Assembly has defined these areas as including
language arts, mathematics, biological, physical and social sciences, the
fine arts, and physical development and health. The General Assembly
declares its intent to achieve the primary purpose of schooling in
elementary and secondary schools subject to this Article, as now or
hereafter amended, in cities of over 500,000 inhabitants, through the
provisions of this amendatory Act of 1991.
A. Goals. In the furtherance of this intent, the General Assembly is
committed to the belief that, while such urban schools should foster
improvement and student growth in a number of areas, first priority should
be given to achieving the following goals:
1. assuring that students show significant progress | | toward meeting and exceeding State performance standards in State mandated learning areas, including the mastery of higher order thinking skills in these and other learning areas;
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2. assuring that students attend school regularly and
| | graduate from high school at rates that equal or surpass national norms;
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3. assuring that students are adequately prepared for
| | further education and aiding students in making a successful transition to further education;
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4. assuring that students are adequately prepared for
| | successful entry into employment and aiding students in making a successful transition to employment;
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5. assuring that students are, to the maximum extent
| | possible, provided with a common learning experience that is of high academic quality and that reflects high expectations for all students' capacities to learn;
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6. assuring that students are better prepared to
| | compete in the international market place by having foreign language proficiency and stronger international studies;
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7. assuring that students are encouraged in exploring
| | potential interests in fields such as journalism, drama, art and music;
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8. assuring that individual teachers are granted the
| | professional authority to make decisions about instruction and the method of teaching;
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9. assuring that students are provided the means to
| | express themselves creatively and to respond to the artistic expression of others through the visual arts, music, drama and dance; and
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10. assuring that students are provided adequate
| | athletic programs that encourage pride and positive identification with the attendance center and that reduce the number of dropouts and teenage delinquents.
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B. Achieving goals. To achieve these priority goals, the General
Assembly intends to make the individual local school the essential unit for
educational governance and improvement and to establish a process for
placing the primary responsibility for school governance and improvement in
furtherance of such goals in the hands of parents, community residents,
teachers, and the school principal at the school level.
Further, to achieve these priority goals, the General Assembly intends to
lodge with the board of education key powers in limited areas related to
district-wide policy, so that the board of education supports school-level
governance and improvement and carries out functions that can be performed
more efficiently through centralized action.
The General Assembly does not intend to alter or amend the provisions
of the desegregation obligations of the board of education, including but
not limited to the Consent Decree or the Desegregation Plan in United
States v. Chicago Board of Education, 80 C 5124, U.S. District Court for
the Northern District of Illinois. Accordingly, the implementation of this
amendatory Act of 1991, to the extent practicable, shall be consistent with
and, in all cases, shall be subject to the desegregation obligations
pursuant to such Consent Decree and Desegregation Plan.
(Source: P.A. 87-455; 88-686, eff. 1-24-95.)
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105 ILCS 5/34-1.02
(105 ILCS 5/34-1.02) (from Ch. 122, par. 34-1.02)
Sec. 34-1.02.
Educational reform.
The General Assembly hereby finds
and declares that educational reform in school districts organized under
this Article shall be implemented in such manner that:
1. the percentage of entering freshmen who 4 years later graduate from
12th grade from each high school attendance center within the district in
each of the 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 school years
exceeds by at least 5% the percentage of similar students graduating from
that high school attendance center in the immediately preceding school year;
2. the average daily student attendance rate within the district in each of
the 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 school years exceeds by
at least 1% the average daily student attendance rate within the district for
the immediately preceding school year;
3. by the conclusion of the 1993-1994 school year, the percentage of
students within the district failing and not advancing to the next higher
grade or graduating is at least 10% less than the percentage of students
within the district failing and not advancing to the next higher grade or
graduating at the conclusion of the 1987-88 school year;
4. on an annual basis, each attendance center within the district
makes significant progress toward meeting and exceeding State performance
standards in reading, writing, mathematics, and other State mandated learning
areas, including the mastery of higher
order thinking skills in these learning areas. Significant annual progress
toward meeting and exceeding State performance standards shall occur for all
students regardless of race, ethnicity, gender, or income status, based on the
expectation that these subgroups shall meet and exceed State performance
standards. Annual objectives for significant progress and timeframes during
which the students' performance overall and as measured within subgroups will
meet and exceed State performance standards shall be specified in
the school improvement plan required in Section 34-2.4; and
5. appropriate improvement and progress are realized each school year in
each attendance center within the district, when compared to the
performance of such attendance center during the immediately preceding
school year, in advancing toward and achieving the objectives established
by paragraphs 1 through 4 of this Section.
(Source: P.A. 88-686, eff. 1-24-95.)
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105 ILCS 5/34-1.05 (105 ILCS 5/34-1.05) Sec. 34-1.05. (Repealed).
(Source: P.A. 98-1053, eff. 1-1-15. Repealed internally, eff. 5-31-16.) |
105 ILCS 5/34-1.1
(105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
Sec. 34-1.1. Definitions. As used in this Article:
"Academic Accountability Council" means the Chicago Schools Academic
Accountability Council created under Section 34-3.4.
"Local School Council" means a local school council established
under Section 34-2.1.
"School" and "attendance center" are used interchangeably to mean any
attendance center operated pursuant to this Article and under the direction
of one principal.
"Secondary Attendance Center" means a school which has students enrolled
in grades 9 through 12 (although it may also have students enrolled
in grades below grade 9).
"Local Attendance Area School" means a school which has a local
attendance area established by the board.
"Multi-area school" means a school other than a local attendance area school.
"Contract school" means an attendance center managed and operated by a for-profit or not-for-profit private entity retained by the board to provide instructional and other services to a majority of the pupils enrolled in the attendance center. "Contract turnaround school" means an experimental contract school created by the board to implement alternative governance in an attendance center subject to restructuring or similar intervention. "Parent" means a parent or legal guardian of an enrolled student of an
attendance center.
"Community resident" means a person, 18 years of age or older,
residing within an attendance area served by a school,
excluding any person who is a parent of a student enrolled in that
school; provided that with respect to any multi-area school, community
resident means any person, 18 years of age or older, residing within the
voting district established for that school pursuant to Section 34-2.1c,
excluding any person who is a parent of a student enrolled in that school.
"School staff" means all licensed and nonlicensed school
personnel, including all teaching and administrative staff (other than the
principal) and including all custodial, food service and other civil
service employees, who are employed at and assigned to perform the majority
of their employment duties at one attendance center served by the same
local school council.
"Regular meetings" means the meeting dates established by the local
school council at its annual organizational meeting.
(Source: P.A. 102-894, eff. 5-20-22.)
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105 ILCS 5/34-2
(105 ILCS 5/34-2) (from Ch. 122, par. 34-2)
Sec. 34-2.
City
to constitute district-Corporate status of board.
Each city having a population exceeding 500,000 shall constitute one
school district which shall maintain a system of free schools under the
charge of a board of education. The district shall be a body politic and
corporate by the name of "Board of Education of the City of ...." and by
that name may sue and be sued in all courts and places where judicial
proceedings are had.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-2.1
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local school councils; composition; voter eligibility; elections; terms. (a) Beginning with the first local school council election that occurs after December 3, 2021 (the effective date of Public Act 102-677), a local school council shall be established for each attendance
center within the school district, including public small schools within the district. Each local school council shall
consist of the following 12 voting members: the principal of the
attendance center, 2 teachers employed and assigned to perform the
majority of their employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center, one employee of the school district employed and assigned to perform the majority of his or her employment duties at the attendance center who is not a teacher, and 2 community
residents. Neither the parents nor the community residents who serve as
members of the local school council shall be employees of the Board of
Education. In each secondary attendance center, the local school council
shall consist of 13 voting members through the 2020-2021 school year, the 12 voting members described above
and one full-time student member, and 15 voting members beginning with the 2021-2022 school year, the 12 voting members described above and 3 full-time student members, appointed as provided in subsection
(m) below. In each attendance center enrolling students in 7th and 8th grade, one full-time student member shall be appointed as provided in subsection (m) of this Section.
In the event that the chief executive officer of the Chicago School Reform
Board of Trustees determines that a local school council is not carrying out
its financial duties effectively, the chief executive officer is authorized to
appoint a representative of the business community with experience in finance
and management
to serve as an advisor to the local school council for
the purpose of providing advice and assistance to the local school council on
fiscal matters.
The advisor shall have access to relevant financial records of the
local school council. The advisor may attend executive sessions.
The chief executive officer shall
issue a written policy defining the circumstances under which a local school
council is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall appoint the
members and officers (a Chairperson who shall be a parent member and a
Secretary) of each local school council who shall hold their offices until
their successors shall be elected and qualified. Members so appointed shall
have all the powers and duties of local school councils as set forth in
Public Act 86-1477. The Mayor's appointments shall not require
approval by the City Council.
The membership of each local school council shall be encouraged to be
reflective of the racial and ethnic composition of the student population
of the attendance center served by the local school council.
(c) Beginning with the 1995-1996 school year and in every even-numbered
year thereafter, the Board shall set second semester Parent Report Card
Pick-up Day for Local School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the school system.
Elections shall be
conducted as provided herein by the Board of Education in consultation with
the local school council at each attendance center. (c-5) Notwithstanding subsection (c), for the local school council election set for the 2019-2020 school year, the Board may hold the election on the first semester Parent Report Card Pick-up Day of the 2020-2021 school year, making any necessary modifications to the election process or date to comply with guidance from the Department of Public Health and the federal Centers for Disease Control and Prevention. The terms of office of all local school council members eligible to serve and seated on or after March 23, 2020 through January 10, 2021 are extended through January 10, 2021, provided that the members continue to meet eligibility requirements for local school council membership.
(d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council members at each
attendance center:
(i) The elected members of each local school council | | shall consist of the 6 parent members and the 2 community resident members.
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(ii) Each elected member shall be elected by the
| | eligible voters of that attendance center to serve for a two-year term commencing on July 1 immediately following the election described in subsection (c), except that the terms of members elected to a local school council under subsection (c-5) shall commence on January 11, 2021 and end on July 1, 2022. Eligible voters for each attendance center shall consist of the parents and community residents for that attendance center.
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(iii) Each eligible voter shall be entitled to cast
| | one vote for up to a total of 5 candidates, irrespective of whether such candidates are parent or community resident candidates.
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(iv) Each parent voter shall be entitled to vote in
| | the local school council election at each attendance center in which he or she has a child currently enrolled. Each community resident voter shall be entitled to vote in the local school council election at each attendance center for which he or she resides in the applicable attendance area or voting district, as the case may be.
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(v) Each eligible voter shall be entitled to vote
| | once, but not more than once, in the local school council election at each attendance center at which the voter is eligible to vote.
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(vi) The 2 teacher members and the non-teacher
| | employee member of each local school council shall be appointed as provided in subsection (l) below each to serve for a two-year term coinciding with that of the elected parent and community resident members. From March 23, 2020 through January 10, 2021, the chief executive officer or his or her designee may make accommodations to fill the vacancy of a teacher or non-teacher employee member of a local school council.
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(vii) At secondary attendance centers and attendance
| | centers enrolling students in 7th and 8th grade, the voting student members shall be appointed as provided in subsection (m) below to serve for a one-year term coinciding with the beginning of the terms of the elected parent and community members of the local school council. For the 2020-2021 school year, the chief executive officer or his or her designee may make accommodations to fill the vacancy of a student member of a local school council.
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(e) The Council shall publicize the date and place of the election by
posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
(f) Nomination. The Council shall publicize the opening of nominations
by posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
Not less than 2 weeks before the election date, persons eligible to run for
the Council shall submit their name,
date of birth, social
security number, if
available,
and some evidence of eligibility
to the Council. The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall disclose, in a
manner determined by the Board, any economic interest held by such person,
by such person's spouse or children, or by each business entity in which
such person has an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district.
Each person
nominated who runs as a candidate shall also disclose, in a manner determined
by the Board, if he or she ever has been convicted of any of the offenses
specified in subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be deemed to require
the disclosure of any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile
Court Act of 1987.
Failure to make such disclosure shall render a person ineligible
for election or to serve on the local school council. The same
disclosure shall be
required of persons under consideration for appointment to the Council
pursuant to subsections (l) and (m) of this Section.
(f-5) Notwithstanding disclosure, a person who has been convicted of any
of
the
following offenses at any time shall be ineligible for election or appointment
to a local
school council and ineligible for appointment to a local school council
pursuant to
subsections (l) and (m) of this Section: (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of Section 11-14.3, of the
Criminal Code of 1961 or the Criminal Code of 2012, or (ii) any offense committed or attempted in any other
state or
against the laws of the United States, which, if committed or attempted in this
State,
would have been punishable as one or more of the foregoing offenses.
Notwithstanding
disclosure, a person who has been convicted of any of the following offenses
within the
10 years previous to the date of nomination or appointment shall be ineligible
for election or
appointment to a local school council:
(i) those defined in Section 401.1, 405.1, or 405.2 of the Illinois Controlled
Substances Act or (ii) any
offense committed
or attempted in any other state or against the laws of the United States,
which, if
committed or attempted in this State, would have been punishable as one or more
of the
foregoing offenses.
Immediately upon election or appointment, incoming local school
council members
shall be
required to undergo a criminal background investigation, to be completed prior
to the member taking office,
in order to identify
any criminal convictions under the offenses enumerated in Section 34-18.5.
The investigation shall be conducted by the Illinois State Police in the
same manner as provided for in Section 34-18.5. However, notwithstanding
Section 34-18.5, the social security number shall be provided only if
available.
If it is determined at any time that a local school council member or
member-elect has been convicted
of any of the offenses enumerated in this Section or failed to disclose a
conviction of any of the offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or member-elect of
such
determination and the local school council member or member-elect shall be
removed from the
local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the Council shall
publicize, in the manner provided in subsection (e), the names of persons
nominated for election.
(h) Voting shall be in person by secret ballot at the attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall be declared
elected by the Council. In cases of a tie, the Council shall determine the
winner by lottery.
(j) The Council shall certify the results of the election and shall
publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any
disputes
concerning election procedure or results and shall ensure that, except as
provided in subsections (e) and (g), no resources of any attendance center
shall be used to endorse or promote any candidate.
(l) Beginning with the first local school council election that occurs after December 3, 2021 (the effective date of Public Act 102-677), in every
even numbered
year, the Board shall appoint 2 teacher
members to each
local school council. These appointments shall be made in the following
manner:
(i) The Board shall appoint 2 teachers who are
| | employed and assigned to perform the majority of their employment duties at the attendance center to serve on the local school council of the attendance center for a two-year term coinciding with the terms of the elected parent and community members of that local school council. These appointments shall be made from among those teachers who are nominated in accordance with subsection (f).
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(ii) A non-binding, advisory poll to ascertain the
| | preferences of the school staff regarding appointments of teachers to the local school council for that attendance center shall be conducted in accordance with the procedures used to elect parent and community Council representatives. At such poll, each member of the school staff shall be entitled to indicate his or her preference for up to 2 candidates from among those who submitted statements of candidacy as described above. These preferences shall be advisory only and the Board shall maintain absolute discretion to appoint teacher members to local school councils, irrespective of the preferences expressed in any such poll. Prior to the appointment of staff members to local school councils, the Board shall make public the vetting process of staff member candidates. Any staff member seeking candidacy shall be allowed to make an inquiry to the Board to determine if the Board may deny the appointment of the staff member. An inquiry made to the Board shall be made in writing in accordance with Board procedure.
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(iii) In the event that a teacher representative is
| | unable to perform his or her employment duties at the school due to illness, disability, leave of absence, disciplinary action, or any other reason, the Board shall declare a temporary vacancy and appoint a replacement teacher representative to serve on the local school council until such time as the teacher member originally appointed pursuant to this subsection (l) resumes service at the attendance center or for the remainder of the term. The replacement teacher representative shall be appointed in the same manner and by the same procedures as teacher representatives are appointed in subdivisions (i) and (ii) of this subsection (l).
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(m) Beginning with the 1995-1996 school year through the 2020-2021 school year, the Board shall appoint one student member to each
secondary attendance center. Beginning with the 2021-2022 school year and for every school year thereafter, the Board shall appoint 3 student members to the local school council of each secondary attendance center and one student member to the local school council of each attendance center enrolling students in 7th and 8th grade. Students enrolled in grade 6 or above are eligible to be candidates for a local school council. No attendance center enrolling students in 7th and 8th grade may have more than one student member, unless the attendance center enrolls students in grades 7 through 12, in which case the attendance center may have a total of 3 student members on the local school council. The Board may establish criteria for students to be considered eligible to serve as a student member. These appointments shall be made in the
following manner:
(i) Appointments shall be made from among those
| | students who submit statements of candidacy to the principal of the attendance center, such statements to be submitted commencing on the first day of the twentieth week of school and continuing for 2 weeks thereafter. The form and manner of such candidacy statements shall be determined by the Board.
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(ii) During the twenty-second week of school in every
| | year, the principal of each attendance center shall conduct a binding election to ascertain the preferences of the school students regarding the appointment of students to the local school council for that attendance center. At such election, each student shall be entitled to indicate his or her preference for up to one candidate from among those who submitted statements of candidacy as described above. The Board shall promulgate rules to ensure that these elections are conducted in a fair and equitable manner and maximize the involvement of all school students. In the case of a tie vote, the local school council shall determine the winner by lottery. The preferences expressed in these elections shall be transmitted by the principal to the Board. These preferences shall be binding on the Board.
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(iii) (Blank).
(n) The Board may promulgate such other rules and regulations for
election procedures as may be deemed necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's term, the
Council shall appoint a person eligible to serve on the Council to fill
the unexpired term created by the vacancy, except that any teacher or non-teacher staff vacancy
shall be filled by the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of school staff. In the case of a student vacancy, the vacancy shall be filled by the preferences of an election poll of students.
(p) If less than the specified number of persons is elected within each
candidate category, the newly elected local school council shall appoint
eligible persons to serve as members of the Council for 2-year terms, as provided in subsection (c-5) of Section 34-2.2 of this Code.
(q) The Board shall promulgate rules regarding conflicts of interest
and disclosure of economic interests which shall apply to local school
council members and which shall require reports or statements to be filed
by Council members at regular intervals with the Secretary of the
Board. Failure to comply with such rules
or intentionally falsifying such reports shall be grounds for
disqualification from local school council membership. A vacancy on the
Council for disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure of
economic interests promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the general
superintendent shall provide notice, by mail, to each local school council
member of all requirements and forms for compliance with economic interest
statements.
(r) (1) If a parent member of a local school council ceases to have any
child
enrolled in the attendance center governed by the Local School Council due to
the graduation or voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's graduation or
voluntary transfer. If the child of a parent member of a local school council dies during the member's term in office, the member may continue to serve on the local school council for the balance of his or her term. Further,
a local school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of Section
34-2.2 if the Council member has missed 3 consecutive regular meetings, not
including committee meetings, or 5 regular meetings in a 12-month period,
not including committee meetings.
If a parent member of a local school council ceases to be eligible to serve
on the Council for any other reason, he or she shall be removed by the Board
subject
to a hearing, convened pursuant to Board rule, prior to removal.
A vote to remove a Council member by the local school council shall
only be valid if the Council member has been notified personally or by
certified mail, mailed to the person's last known address, of the Council's
intent to vote on the Council member's removal at least 7 days prior to the
vote. The Council member in question shall have the right to explain
his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The provisions of this
subsection shall be contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community resident member of a
local
school council as long as he or she resides in the attendance area served by
the
school and is not employed by the Board nor is a parent of a student enrolled
at the school. If a community resident member ceases to be eligible to serve
on the Council, he or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal.
(3) A person may continue to serve as a staff member of a local school
council as long as he or she is employed and assigned to perform a majority of
his or her duties at the school, provided that if the staff representative
resigns from employment with the Board or
voluntarily transfers to another school, the staff member's membership on the local
school council and all voting rights are terminated immediately as of the date
of the staff member's resignation or upon the date of the staff member's voluntary
transfer to another school. If a staff member of a local school council
ceases to be eligible to serve on a local school council for any other reason,
that member shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
(s) As used in this Section only, "community resident" means a person, 17 years of age or older, residing within an attendance area served by a school, excluding any person who is a parent of a student enrolled in that school; provided that with respect to any multi-area school, community resident means any person, 17 years of age or older, residing within the voting district established for that school pursuant to Section 34-2.1c, excluding any person who is a parent of a student enrolled in that school. This definition does not apply to any provisions concerning school boards.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; 102-538, eff. 8-20-21; 102-677, eff. 12-3-21; 102-813, eff. 5-13-22.)
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105 ILCS 5/34-2.1b
(105 ILCS 5/34-2.1b) (from Ch. 122, par. 34-2.1b)
Sec. 34-2.1b.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-2.1c
(105 ILCS 5/34-2.1c) (from Ch. 122, par. 34-2.1c)
Sec. 34-2.1c.
Multi-Area Schools - Establishment of Voting
Districts.
(a) On or before September 1, 1991, the Board shall establish
a voting district for each multi-area school. The Board shall take into
account the following criteria in establishing such voting districts:
(i) in cases where the multi-area school was | | previously a school with a local attendance area established by the Board, the boundaries of such local attendance area;
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(ii) the location of physical characteristics in the
| | surrounding geographic area, including but not limited to, expressways, rapid transit and railroad rights-of-way, rivers and viaducts;
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(iii) the location of established neighborhood and
| | community area boundaries and of boundaries established for other elected offices within the city and the State;
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(iv) size of student population; and
(v) compactness and contiguity of voting districts.
Prior to establishing voting districts for multi-area schools, the Board
shall hold at least one public hearing thereon. The Board shall establish
procedures to ensure the maximum participation of all interested persons in
such hearing or hearings.
(b) The Board shall publicize the location and description of these
voting districts by posting notices at each multi-area school and in public
places within each voting district, by distributing notices to students at
the multi-area school and by placing notices both in daily newspapers of
general circulation published in the city and in local and community
newspapers published within each voting district. The Board shall utilize
other means to ensure adequate dissemination of the description and
location of the voting districts.
(c) The Board may adjust or alter the voting districts of any multi-area
school once every tenth year. The Board shall utilize the same criteria
and procedures described above in connection with any adjustment or
alteration of any voting district.
(d) With respect to any school designated as a multi-area school
subsequent to the establishment of voting districts, as described in
subsection (a), or subsequent to the adjustment of these districts, as
described in subsection (c), the Board shall establish a voting district
for that school prior to the commencement of its operation as a multi-area
school. The Board shall utilize the same criteria and procedures described
in subsection (a) in connection with the establishment of such a voting
district.
(Source: P.A. 87-454.)
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105 ILCS 5/34-2.2
(105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
Sec. 34-2.2. Local school councils; manner of operation.
(a) The annual organizational meeting of each local school council
shall be held at the attendance center or via videoconference or teleconference if guidance from the Department of Public Health or Centers for Disease Control and Prevention limits the size of in-person meetings at the time of the meeting. At the annual organization meeting,
which shall be held no sooner than July 1 and no later than July 14, a parent
member of the local school council shall be selected by the members of such
council as its chairperson, and a secretary shall be selected by the members of
such council from among their number, each to serve a term of one year.
However, an organizational meeting held by members elected to a local school council under subsection (c-5) of Section 34-2.1 may be held no sooner than January 11, 2021 and no later than January 31, 2021. Whenever a vacancy in the office of chairperson or secretary of a local school
council shall occur, a new chairperson (who shall be a parent member) or
secretary, as the case may be, shall be elected by the members of the local
school council from among their number to serve as such
chairperson or secretary for the unexpired term of office in which the
vacancy occurs. At each annual organizational meeting, the time and
place of any regular meetings of the local school council shall be fixed.
Special meetings of the local school council may be called by the
chairperson or by any 4 members from an attendance center enrolling students up to grade 8 or any 5 members from a secondary attendance center or an attendance center enrolling students in grades 7 through 12, by giving notice thereof in writing,
specifying the time, place and purpose of the meeting. Public notice of
meetings shall also be given in accordance with the Open Meetings Act.
(b) Members and officers of the local school council shall serve
without compensation and without reimbursement of any expenses incurred in
the performance of their duties, except that the board of education may by
rule establish a procedure and thereunder provide for reimbursement of
members and officers of local school councils for such of their reasonable
and necessary expenses (excluding any lodging or meal expenses) incurred in
the performance of their duties as the board may deem appropriate.
(c) A majority of the full membership of the local school council
shall constitute a quorum, except as provided in subsection (c-5), and whenever a vote is taken on any measure
before the local school council, a quorum being present, the affirmative
vote of a majority of the votes of the full membership then serving of the
local school council shall determine the outcome thereof; provided that
whenever the measure before the local school council is (i) the evaluation
of the principal, or (ii) the renewal of his or her performance contract or
the inclusion of any provision or modification of the contract, or (iii)
the direct selection by the local school council of a new principal
(including
a new principal to fill a vacancy) to serve under a 4 year performance
contract, or (iv) the determination of the names of candidates to be submitted
to the general superintendent for the position of
principal, the
principal and any
student members of a local school council shall not be counted for purposes of
determining whether a quorum is present to act on the measure and shall have no
vote thereon; and provided further that 7 affirmative votes of the local school
council shall be required for the direct selection by the local school
council
of a new principal
to serve under a 4 year performance contract but not for the renewal of a
principal's performance contract.
(c-5) If the number of members serving on a local school council at an attendance center enrolling students through the 8th grade falls below 7 members due to vacancies, then 4 serving members of whom at least 2 are parent or community members of the local school council shall constitute a quorum for the sole purpose of convening a meeting to fill vacancies through appointments in accordance with the process set forth in Section 34-2.1 of this Code. If the number of members serving on a local school council at a secondary attendance center falls below 8 members due to vacancies, then 5 serving members of whom at least 2 are parent or community members of the local school council shall constitute a quorum for the sole purpose of convening a meeting to fill vacancies through appointments in accordance with the process set forth in Section 34-2.1 of this Code. For such purposes, the affirmative vote of a majority of those present shall be required to fill a vacancy through appointment by the local school council. (d) Student members shall not be eligible
to vote on personnel matters, including but not limited to principal
evaluations and contracts and the allocation of teaching and staff resources.
(e) The local school council of an attendance center which provides
bilingual education shall be encouraged to provide translators at each
council meeting to maximize participation of parents and the community.
(f) Each local school council of an attendance center which provides
bilingual education shall create a Bilingual Advisory Committee or
recognize an existing Bilingual Advisory Committee as a standing committee.
The Chair and a majority of the members of the advisory committee shall be
parents of students in the bilingual education program. The parents on the
advisory committee shall be selected by parents of students in the
bilingual education program, and the committee shall select a Chair. The
advisory committee for each secondary attendance center shall include at
least one full-time bilingual education student. The Bilingual Advisory
Committee shall serve only in an advisory capacity to the local school council.
(g) Local school councils may utilize the services of an arbitration
board to resolve intra-council disputes.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; 102-296, eff. 8-6-21; 102-677, eff. 12-3-21.)
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105 ILCS 5/34-2.3 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3) Sec. 34-2.3. Local school councils; powers and duties. Each local school council shall have and exercise, consistent with the provisions of this Article and the powers and duties of the board of education, the following powers and duties: 1. (A) To annually evaluate the performance of the principal of the attendance center using a Board approved principal evaluation form, which shall include the evaluation of (i) student academic improvement, as defined by the school improvement plan, (ii) student absenteeism rates at the school, (iii) instructional leadership, (iv) the effective implementation of programs, policies, or strategies to improve student academic achievement, (v) school management, and (vi) any other factors deemed relevant by the local school council, including, without limitation, the principal's communication skills and ability to create and maintain a student-centered learning environment, to develop opportunities for professional development, and to encourage parental involvement and community partnerships to achieve school improvement; (B) to determine in the manner provided by subsection (c) of Section 34-2.2 and subdivision 1.5 of this Section whether the performance contract of the principal shall be renewed; and (C) to directly select, in the manner provided by subsection (c) of Section 34-2.2, a new principal (including a new principal to fill a vacancy) -- without submitting any list of candidates for that position to the general superintendent as provided in paragraph 2 of this Section -- to serve under a 4 year performance contract; provided that (i) the determination of whether the principal's performance contract is to be renewed, based upon the evaluation required by subdivision 1.5 of this Section, shall be made no later than 150 days prior to the expiration of the current performance-based contract of the principal, (ii) in cases where such performance contract is not renewed -- a direct selection of a new principal -- to serve under a 4 year performance contract shall be made by the local school council no later than 45 days prior to the expiration of the current performance contract of the principal, and (iii) a selection by the local school council of a new principal to fill a vacancy under a 4 year performance contract shall be made within 90 days after the date such vacancy occurs. A Council shall be required, if requested by the principal, to provide in writing the reasons for the council's not renewing the principal's contract. 1.5. The local school council's determination of whether to renew the principal's contract shall be based on an evaluation to assess the educational and administrative progress made at the school during the principal's current performance-based contract. The local school council shall base its evaluation on (i) student academic improvement, as defined by the school improvement plan, (ii) student absenteeism rates at the school, (iii) instructional leadership, (iv) the effective implementation of programs, policies, or strategies to improve student academic achievement, (v) school management, and (vi) any other factors deemed relevant by the local school council, including, without limitation, the principal's communication skills and ability to create and maintain a student-centered learning environment, to develop opportunities for professional development, and to encourage parental involvement and community partnerships to achieve school improvement. If a local school council fails to renew the performance contract of a principal rated by the general superintendent, or his or her designee, in the previous years' evaluations as meeting or exceeding expectations, the principal, within 15 days after the local school council's decision not to renew the contract, may request a review of the local school council's principal non-retention decision by a hearing officer appointed by the American Arbitration Association. A local school council member or members or the general superintendent may support the principal's request for review. During the period of the hearing officer's review of the local school council's decision on whether or not to retain the principal, the local school council shall maintain all authority to search for and contract with a person to serve as interim or acting principal, or as the principal of the attendance center under a 4-year performance contract, provided that any performance contract entered into by the local school council shall be voidable or modified in accordance with the decision of the hearing officer. The principal may request review only once while at that attendance center. If a local school council renews the contract of a principal who failed to obtain a rating of "meets" or "exceeds expectations" in the general superintendent's evaluation for the previous year, the general superintendent, within 15 days after the local school council's decision to renew the contract, may request a review of the local school council's principal retention decision by a hearing officer appointed by the American Arbitration Association. The general superintendent may request a review only once for that principal at that attendance center. All requests to review the retention or non-retention of a principal shall be submitted to the general superintendent, who shall, in turn, forward such requests, within 14 days of receipt, to the American Arbitration Association. The general superintendent shall send a contemporaneous copy of the request that was forwarded to the American Arbitration Association to the principal and to each local school council member and shall inform the local school council of its rights and responsibilities under the arbitration process, including the local school council's right to representation and the manner and process by which the Board shall pay the costs of the council's representation. If the local school council retains the principal and the general superintendent requests a review of the retention decision, the local school council and the general superintendent shall be considered parties to the arbitration, a hearing officer shall be chosen between those 2 parties pursuant to procedures promulgated by the State Board of Education, and the principal may retain counsel and participate in the arbitration. If the local school council does not retain the principal and the principal requests a review of the retention decision, the local school council and the principal shall be considered parties to the arbitration and a hearing officer shall be chosen between those 2 parties pursuant to procedures promulgated by the State Board of Education. The hearing shall begin (i) within 45 days after the initial request for review is submitted by the principal to the general superintendent or (ii) if the initial request for review is made by the general superintendent, within 45 days after that request is mailed to the American Arbitration Association. The hearing officer shall render a decision within 45 days after the hearing begins and within 90 days after the initial request for review. The Board shall contract with the American Arbitration Association for all of the hearing officer's reasonable and necessary costs. In addition, the Board shall pay any reasonable costs incurred by a local school council for representation before a hearing officer. 1.10. The hearing officer shall conduct a hearing, which shall include (i) a review of the principal's performance, evaluations, and other evidence of the principal's service at the school, (ii) reasons provided by the local school council for its decision, and (iii) documentation evidencing views of interested persons, including, without limitation, students, parents, local school council members, school faculty and staff, the principal, the general superintendent or his or her designee, and members of the community. The burden of proof in establishing that the local school council's decision was arbitrary and capricious shall be on the party requesting the arbitration, and this party shall sustain the burden by a preponderance of the evidence. The hearing officer shall set the local school council decision aside if that decision, in light of the record developed at the hearing, is arbitrary and capricious. The decision of the hearing officer may not be appealed to the Board or the State Board of Education. If the hearing officer decides that the principal shall be retained, the retention period shall not exceed 2 years. 2. In the event (i) the local school council does not renew the performance contract of the principal, or the principal fails to receive a satisfactory rating as provided in subsection (h) of Section 34-8.3, or the principal is removed for cause during the term of his or her performance contract in the manner provided by Section 34-85, or a vacancy in the position of principal otherwise occurs prior to the expiration of the term of a principal's performance contract, and (ii) the local school council fails to directly select a new principal to serve under a 4 year performance contract, the local school council in such event shall submit to the general superintendent a list of 3 candidates -- listed in the local school council's order of preference -- for the position of principal, one of which shall be selected by the general superintendent to serve as principal of the attendance center. If the general superintendent fails or refuses to select one of the candidates on the list to serve as principal within 30 days after being furnished with the candidate list, the general superintendent shall select and place a principal on an interim basis (i) for a period not to exceed one year or (ii) until the local school council selects a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2, whichever occurs first. If the local school council fails or refuses to select and appoint a new principal, as specified by subsection (c) of Section 34-2.2, the general superintendent may select and appoint a new principal on an interim basis for an additional year or until a new contract principal is selected by the local school council. There shall be no discrimination on the basis of race, sex, creed, color or disability unrelated to ability to perform in connection with the submission of candidates for, and the selection of a candidate to serve as principal of an attendance center. No person shall be directly selected, listed as a candidate for, or selected to serve as principal of an attendance center (i) if such person has been removed for cause from employment by the Board or (ii) if such person does not hold a valid Professional Educator License issued under Article 21B and endorsed as required by that Article for the position of principal. A principal whose performance contract is not renewed as provided under subsection (c) of Section 34-2.2 may nevertheless, if otherwise qualified and licensed as herein provided and if he or she has received a satisfactory rating as provided in subsection (h) of Section 34-8.3, be included by a local school council as one of the 3 candidates listed in order of preference on any candidate list from which one person is to be selected to serve as principal of the attendance center under a new performance contract. The initial candidate list required to be submitted by a local school council to the general superintendent in cases where the local school council does not renew the performance contract of its principal and does not directly select a new principal to serve under a 4 year performance contract shall be submitted not later than 30 days prior to the expiration of the current performance contract. In cases where the local school council fails or refuses to submit the candidate list to the general superintendent no later than 30 days prior to the expiration of the incumbent principal's contract, the general superintendent may appoint a principal on an interim basis for a period not to exceed one year, during which time the local school council shall be able to select a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2. In cases where a principal is removed for cause or a vacancy otherwise occurs in the position of principal and the vacancy is not filled by direct selection by the local school council, the candidate list shall be submitted by the local school council to the general superintendent within 90 days after the date such removal or vacancy occurs. In cases where the local school council fails or refuses to submit the candidate list to the general superintendent within 90 days after the date of the vacancy, the general superintendent may appoint a principal on an interim basis for a period of one year, during which time the local school council shall be able to select a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2. 2.5. Whenever a vacancy in the office of a principal occurs for any reason, the vacancy shall be filled in the manner provided by this Section by the selection of a new principal to serve under a 4 year performance contract. 3. To establish additional criteria to be included as part of the performance contract of its principal, provided that such additional criteria shall not discriminate on the basis of race, sex, creed, color or disability unrelated to ability to perform, and shall not be inconsistent with the uniform 4 year performance contract for principals developed by the board as provided in Section 34-8.1 of the School Code or with other provisions of this Article governing the authority and responsibility of principals. 4. To approve the expenditure plan prepared by the principal with respect to all funds allocated and distributed to the attendance center by the Board. The expenditure plan shall be administered by the principal. Notwithstanding any other provision of this Act or any other law, any expenditure plan approved and administered under this Section 34-2.3 shall be consistent with and subject to the terms of any contract for services with a third party entered into by the Chicago School Reform Board of Trustees or the board under this Act. Via a supermajority vote of 8 members of a local school council enrolling students through the 8th grade or 9 members of a local school council at a secondary attendance center or an attendance center enrolling students in grades 7 through 12, the Council may transfer allocations pursuant to Section 34-2.3 within funds; provided that such a transfer is consistent with applicable law and collective bargaining agreements. Beginning in fiscal year 1991 and in each fiscal year thereafter, the Board may reserve up to 1% of its total fiscal year budget for distribution on a prioritized basis to schools throughout the school system in order to assure adequate programs to meet the needs of special student populations as determined by the Board. This distribution shall take into account the needs catalogued in the Systemwide Plan and the various local school improvement plans of the local school councils. Information about these centrally funded programs shall be distributed to the local school councils so that their subsequent planning and programming will account for these provisions. Beginning in fiscal year 1991 and in each fiscal year thereafter, from other amounts available in the applicable fiscal year budget, the board shall allocate a lump sum amount to each local school based upon such formula as the board shall determine taking into account the special needs of the student body. The local school principal shall develop an expenditure plan in consultation with the local school council, the professional personnel leadership committee and with all other school personnel, which reflects the priorities and activities as described in the school's local school improvement plan and is consistent with applicable law and collective bargaining agreements and with board policies and standards; however, the local school council shall have the right to request waivers of board policy from the board of education and waivers of employee collective bargaining agreements pursuant to Section 34-8.1a. The expenditure plan developed by the principal with respect to amounts available from the fund for prioritized special needs programs and the allocated lump sum amount must be approved by the local school council. The lump sum allocation shall take into account the following principles: a. Teachers: Each school shall be allocated funds | | equal to the amount appropriated in the previous school year for compensation for teachers (regular grades kindergarten through 12th grade) plus whatever increases in compensation have been negotiated contractually or through longevity as provided in the negotiated agreement. Adjustments shall be made due to layoff or reduction in force, lack of funds or work, change in subject requirements, enrollment changes, or contracts with third parties for the performance of services or to rectify any inconsistencies with system-wide allocation formulas or for other legitimate reasons.
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| b. Other personnel: Funds for other teacher licensed
| | and nonlicensed personnel paid through non-categorical funds shall be provided according to system-wide formulas based on student enrollment and the special needs of the school as determined by the Board.
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| c. Non-compensation items: Appropriations for all
| | non-compensation items shall be based on system-wide formulas based on student enrollment and on the special needs of the school or factors related to the physical plant, including but not limited to textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, supplies, electricity, equipment, and routine maintenance.
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| d. Funds for categorical programs: Schools shall
| | receive personnel and funds based on, and shall use such personnel and funds in accordance with State and Federal requirements applicable to each categorical program provided to meet the special needs of the student body (including but not limited to, Federal Chapter I, Bilingual, and Special Education).
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| d.1. Funds for State Title I: Each school shall
| | receive funds based on State and Board requirements applicable to each State Title I pupil provided to meet the special needs of the student body. Each school shall receive the proportion of funds as provided in Section 18-8 or 18-8.15 to which they are entitled. These funds shall be spent only with the budgetary approval of the Local School Council as provided in Section 34-2.3.
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| e. The Local School Council shall have the right to
| | request the principal to close positions and open new ones consistent with the provisions of the local school improvement plan provided that these decisions are consistent with applicable law and collective bargaining agreements. If a position is closed, pursuant to this paragraph, the local school shall have for its use the system-wide average compensation for the closed position.
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| f. Operating within existing laws and collective
| | bargaining agreements, the local school council shall have the right to direct the principal to shift expenditures within funds.
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| g. (Blank).
Any funds unexpended at the end of the fiscal year shall be available to the board of education for use as part of its budget for the following fiscal year.
5. To make recommendations to the principal concerning textbook selection and concerning curriculum developed pursuant to the school improvement plan which is consistent with systemwide curriculum objectives in accordance with Sections 34-8 and 34-18 of the School Code and in conformity with the collective bargaining agreement.
6. To advise the principal concerning the attendance and disciplinary policies for the attendance center, subject to the provisions of this Article and Article 26, and consistent with the uniform system of discipline established by the board pursuant to Section 34-19.
7. To approve a school improvement plan developed as provided in Section 34-2.4. The process and schedule for plan development shall be publicized to the entire school community, and the community shall be afforded the opportunity to make recommendations concerning the plan. At least twice a year the principal and local school council shall report publicly on progress and problems with respect to plan implementation.
8. To evaluate the allocation of teaching resources and other licensed and nonlicensed staff to the attendance center to determine whether such allocation is consistent with and in furtherance of instructional objectives and school programs reflective of the school improvement plan adopted for the attendance center; and to make recommendations to the board, the general superintendent and the principal concerning any reallocation of teaching resources or other staff whenever the council determines that any such reallocation is appropriate because the qualifications of any existing staff at the attendance center do not adequately match or support instructional objectives or school programs which reflect the school improvement plan.
9. To make recommendations to the principal and the general superintendent concerning their respective appointments, after August 31, 1989, and in the manner provided by Section 34-8 and Section 34-8.1, of persons to fill any vacant, additional or newly created positions for teachers at the attendance center or at attendance centers which include the attendance center served by the local school council.
10. To request of the Board the manner in which training and assistance shall be provided to the local school council. Pursuant to Board guidelines a local school council is authorized to direct the Board of Education to contract with personnel or not-for-profit organizations not associated with the school district to train or assist council members. If training or assistance is provided by contract with personnel or organizations not associated with the school district, the period of training or assistance shall not exceed 30 hours during a given school year; person shall not be employed on a continuous basis longer than said period and shall not have been employed by the Chicago Board of Education within the preceding six months. Council members shall receive training in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
| | center's particular needs, including the development of the school improvement plan and the principal's performance contract; and
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| 3. personnel selection.
Council members shall, to the greatest extent possible, complete such training within 90 days of election.
11. In accordance with systemwide guidelines contained in the System-Wide Educational Reform Goals and Objectives Plan, criteria for evaluation of performance shall be established for local school councils and local school council members. If a local school council persists in noncompliance with systemwide requirements, the Board may impose sanctions and take necessary corrective action, consistent with Section 34-8.3.
12. Each local school council shall comply with the Open Meetings Act and the Freedom of Information Act. Each local school council shall issue and transmit to its school community a detailed annual report accounting for its activities programmatically and financially. Each local school council shall convene at least 2 well-publicized meetings annually with its entire school community. These meetings shall include presentation of the proposed local school improvement plan, of the proposed school expenditure plan, and the annual report, and shall provide an opportunity for public comment.
13. Each local school council is encouraged to involve additional non-voting members of the school community in facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform or dress code policy that governs the attendance center and that is necessary to maintain the orderly process of a school function or prevent endangerment of student health or safety, consistent with the policies and rules of the Board of Education. A school uniform or dress code policy adopted by a local school council: (i) shall not be applied in such manner as to discipline or deny attendance to a transfer student or any other student for noncompliance with that policy during such period of time as is reasonably necessary to enable the student to acquire a school uniform or otherwise comply with the dress code policy that is in effect at the attendance center into which the student's enrollment is transferred; (ii) shall include criteria and procedures under which the local school council will accommodate the needs of or otherwise provide appropriate resources to assist a student from an indigent family in complying with an applicable school uniform or dress code policy; (iii) shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists; and (iv) shall not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student's cultural, ethnic, or religious identity or any other protected characteristic or category identified in subsection (Q) of Section 1-103 of the Illinois Human Rights Act. A student whose parents or legal guardians object on religious grounds to the student's compliance with an applicable school uniform or dress code policy shall not be required to comply with that policy if the student's parents or legal guardians present to the local school council a signed statement of objection detailing the grounds for the objection. If a local school council does not comply with the requirements and prohibitions set forth in this paragraph 14, the attendance center is subject to the penalty imposed pursuant to subsection (a) of Section 2-3.25.
15. All decisions made and actions taken by the local school council in the exercise of its powers and duties shall comply with State and federal laws, all applicable collective bargaining agreements, court orders and rules properly promulgated by the Board.
15a. To grant, in accordance with board rules and policies, the use of assembly halls and classrooms when not otherwise needed, including lighting, heat, and attendants, for public lectures, concerts, and other educational and social activities.
15b. To approve, in accordance with board rules and policies, receipts and expenditures for all internal accounts of the attendance center, and to approve all fund-raising activities by nonschool organizations that use the school building.
16. (Blank).
17. Names and addresses of local school council members shall be a matter of public record.
(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21; 102-894, eff. 5-20-22; 103-463, eff. 8-4-23.)
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105 ILCS 5/34-2.3a
(105 ILCS 5/34-2.3a) (from Ch. 122, par. 34-2.3a)
Sec. 34-2.3a.
Recommendations of the Principal.
The principal of each
attendance center shall be encouraged to make recommendations to the
appropriate local school council concerning all educational aspects of the
attendance center.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34-2.3b
(105 ILCS 5/34-2.3b)
Sec. 34-2.3b.
Local School Council Training.
The board shall collaborate
with universities and other interested entities and individuals to offer
training to local school council members on topics relevant to school
operations and their responsibilities as local school council members,
including but not limited to legal requirements, role differentiation,
responsibilities, and authorities, and improving student achievement. Training
of local school council members shall be provided at the direction of the board in consultation with the Council of
Chicago-area Deans of Education. Incoming local school council members shall
be required to complete a 3-day training program provided under this
Section within 6 months of taking office. The board shall monitor the
compliance of incoming local school council members with the 3-day training
program requirement established by this Section. The board shall declare
vacant the office of a local school council member who fails to complete the
3-day training program provided under this Section within the 6 month period
allowed. Any such vacancy shall be filled as provided in subsection (o) of
Section 34-2.1 by appointment of another person qualified to hold the office.
In addition to requiring local school council members to complete the 3-day
training program under this Section, the board may encourage local school
council members to complete additional training during their term of office and
shall provide recognition for individuals completing that additional training.
The board is authorized to collaborate with universities, non-profits, and
other interested organizations and individuals to offer additional training to
local school council members on a regular basis during their term in office.
The board shall not be required to bear the cost of the required 3-day training
program or any additional training provided to local school council members
under this Section.
The board shall also offer training to aid local school councils in
developing principal evaluation procedures and criteria. The board shall
send out requests for proposals concerning this training and is authorized to
contract with universities, non-profits, and other interested organizations and
individuals to provide this training. The board is authorized to use funds
from private organizations, non-profits, or any other outside source as well
as its own funds for this purpose.
(Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
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105 ILCS 5/34-2.4
(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
Sec. 34-2.4. School improvement plan. A 3-year local school
improvement plan shall be developed and implemented at each attendance center.
This plan shall reflect the overriding purpose of the attendance center to
improve educational quality. The local school principal shall develop a
school improvement plan in consultation with the local school council, all
categories of school staff, parents and community residents. Once the plan
is developed, reviewed by the professional personnel leadership committee,
and approved by the local school council, the
principal shall be responsible for directing implementation of the plan,
and the local school council shall monitor its implementation. After the
termination of the initial 3-year plan, a new 3-year plan shall be
developed and modified as appropriate on an annual basis.
The school improvement plan shall be designed to achieve priority goals
including but not limited to:
(a) assuring that students show significant progress | | toward meeting and exceeding State performance standards in State mandated learning areas, including the mastery of higher order thinking skills in these areas;
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(b) assuring that students attend school regularly
| | and graduate from school at such rates that the district average equals or surpasses national norms;
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(c) assuring that students are adequately prepared
| | for and aided in making a successful transition to further education and life experience;
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(d) assuring that students are adequately prepared
| | for and aided in making a successful transition to employment; and
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(e) assuring that students are, to the maximum extent
| | possible, provided with a common learning experience that is of high academic quality and that reflects high expectations for all students' capacities to learn.
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With respect to these priority goals, the school improvement plan shall
include but not be limited to the following:
(a) an analysis of data collected in the attendance
| | center and community indicating the specific strengths and weaknesses of the attendance center in light of the goals specified above, including data and analysis specified by the State Board of Education pertaining to specific measurable outcomes for student performance, the attendance centers, and their instructional programs;
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(b) a description of specific annual objectives the
| | attendance center will pursue in achieving the goals specified above;
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(c) a description of the specific activities the
| | attendance center will undertake to achieve its objectives;
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(d) an analysis of the attendance center's staffing
| | pattern and material resources, and an explanation of how the attendance center's planned staffing pattern, the deployment of staff, and the use of material resources furthers the objectives of the plan;
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(e) a description of the key assumptions and
| | directions of the school's curriculum and the academic and non-academic programs of the attendance center, and an explanation of how this curriculum and these programs further the goals and objectives of the plan;
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(f) a description of the steps that will be taken to
| | enhance educational opportunities for all students, regardless of gender, including English learners, students with disabilities, low-income students, and minority students;
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(g) a description of any steps which may be taken by
| | the attendance center to educate parents as to how they can assist children at home in preparing their children to learn effectively;
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(h) a description of the steps the attendance center
| | will take to coordinate its efforts with, and to gain the participation and support of, community residents, business organizations, and other local institutions and individuals;
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(i) a description of any staff development program
| | for all school staff and volunteers tied to the priority goals, objectives, and activities specified in the plan;
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(j) a description of the steps the local school
| | council will undertake to monitor implementation of the plan on an ongoing basis;
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(k) a description of the steps the attendance center
| | will take to ensure that teachers have working conditions that provide a professional environment conducive to fulfilling their responsibilities;
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(l) a description of the steps the attendance center
| | will take to ensure teachers the time and opportunity to incorporate new ideas and techniques, both in subject matter and teaching skills, into their own work;
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(m) a description of the steps the attendance center
| | will take to encourage pride and positive identification with the attendance center through various athletic activities; and
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(n) a description of the student need for and
| | provision of services to special populations, beyond the standard school programs provided for students in grades K through 12 and those enumerated in the categorical programs cited in item d of part 4 of Section 34-2.3, including financial costs of providing same and a timeline for implementing the necessary services, including but not limited, when applicable, to ensuring the provisions of educational services to all eligible children aged 4 years for the 1990-91 school year and thereafter, reducing class size to State averages in grades K-3 for the 1991-92 school year and thereafter and in all grades for the 1993-94 school year and thereafter, and providing sufficient staff and facility resources for students not served in the regular classroom setting.
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Based on the analysis of data collected indicating specific strengths and
weaknesses of the attendance center, the school improvement plan may place
greater emphasis from year to year on particular priority goals, objectives,
and activities.
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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105 ILCS 5/34-2.4a
(105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a)
Sec. 34-2.4a. Professional personnel leadership committee.
(a) At each
attendance center operated pursuant to this Article, a professional
personnel leadership committee consisting of (i) up to 7
members
elected each school year who are licensed classroom teachers or
other licensed personnel, who are employed at the attendance
center, and
who desire to be members of the committee
and (ii) the 2 teacher members of the local school council. The teacher
members of the local school council shall serve as co-chairs of the
committee, or one teacher member of the local school council chosen by
the committee shall serve as chair of the committee.
The size of the committee shall be determined by the licensed classroom
teachers and other licensed personnel at the attendance center,
including the principal.
(b) The purpose of the committee is to develop and formally
present recommendations to the principal and the local school council on
all matters of educational program, including but not limited to
curriculum,
school improvement plan development and implementation, and school
budgeting.
(c) For the elected committee members, the principal
shall convene a publicized meeting of all licensed classroom teachers and
other licensed personnel, at which meeting those licensed classroom
teachers and other licensed personnel present, excluding the principal,
shall elect members to serve
on the
committee. A staff member eligible to vote
may vote for
the same number of candidates in the election as the number of members to
be elected, but votes shall not
be cumulated. Ties shall be determined by lot. Vacancies shall be filled
in like manner.
(d) All committee meetings shall be held before or after school
with no loss of instructional time. Committee members shall receive no
compensation for their activities as committee members.
(e) In furtherance of its purpose, the committee shall have the
authority to gather information from school staff through interviews, on
noninstructional time, without the prior approval of the principal, the local
school council, the board, the board's chief executive officer, or the chief
executive officer's administrative staff.
The committee shall meet once a month with the principal
to make recommendations to the principal regarding the specific
methods and contents of the school's curriculum and to make other
educational
improvement recommendations approved by the
committee. A report from the committee regarding these matters may be
an agenda item at each regular meeting of the local school council.
The principal shall provide the committee with the opportunity to
review and make recommendations regarding the school improvement
plan and school budget. The teacher members of the local school council
may bring motions concerning the recommendations approved by the
committee, which motions shall formally be considered at meetings of the local
school council.
(Source: P.A. 102-894, eff. 5-20-22.)
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105 ILCS 5/34-2.4b
(105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
Sec. 34-2.4b. Limitation upon applicability. Beginning with the first local school council election that occurs after the effective date of this amendatory Act of the 102nd General Assembly, the provisions of
Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4 and 34-8.3 and
those provisions of paragraph 1 of Section 34-18 and paragraph (c) of
Section 34A-201a relating to the allocation or application -- by formula or
otherwise -- of lump sum amounts and other funds to attendance centers
shall not apply to the
Cook County Juvenile Detention Center and Cook
County Jail schools, nor to the district's alternative schools for pregnant
girls, nor to alternative schools established under Article 13A, nor to a contract school,
nor to the
Michael R. Durso School, the Jackson Adult Center, the Hillard Adult
Center, the Alternative Transitional School, or any other attendance
center designated by the Board as an alternative school, nor to any school established as a teacher training academy, nor to any school with a specialty 2-year programming model, nor to any school established as a one-year school or program, nor to any school with a specialty student focus or transient student population, provided that the
designation is not applied to an attendance center that has in place a legally
constituted local school council, except for contract turnaround schools. The board of education shall have and
exercise with respect to those schools and with respect to the conduct,
operation, affairs and budgets of those schools, and with respect to the
principals, teachers and other school staff there employed, the same powers
which are exercisable by local school councils with respect to the other
attendance centers, principals, teachers and school staff within the
district, together with all powers and duties generally exercisable by the
board of education with respect to all attendance centers within the
district. The board of education shall develop appropriate alternative
methods for involving parents, community members and school staff to the
maximum extent possible in all of the activities of those schools, and may
delegate to the parents, community members and school staff so involved the
same powers which are exercisable by local school councils with respect to
other attendance centers.
(Source: P.A. 102-677, eff. 12-3-21.)
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105 ILCS 5/34-2.4c
(105 ILCS 5/34-2.4c)
Sec. 34-2.4c.
Whistle Blower Protection.
(a) In any case involving the disclosure of information by an employee of
the board of education or a local school council member, which the employee or
member reasonably believes evidences (1) a violation of any law, rule,
regulation, or policy, or (2) waste, fraud, mismanagement, abuse of authority,
or a danger to the health or safety of students or the public, the identity of
the employee or members may not be disclosed without the written consent of the
employee or member during any investigation of the information or related
matters.
(b) No disciplinary action may be taken against any employee or local
school council member for the disclosure of information by that employee or
local school council member that evidences (1) a violation of
any law, rule, regulation, or policy, or (2) waste, fraud, mismanagement, abuse
of authority, or a danger to the health or safety of a student or the public.
For the purposes of this Section, disciplinary action means any retaliatory
action taken against an employee or local school council member by the board of
education, employees of the board of education, local school councils, or
exclusive bargaining representatives of employees, including, but not limited
to, reprimand, suspension, discharge, demotion, involuntary transfer,
harassment, or denial of promotion or voluntary transfer.
(c) A violation of this Section shall be a Class A misdemeanor.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-2.5
(105 ILCS 5/34-2.5) (from Ch. 122, par. 34-2.5)
Sec. 34-2.5.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-3 (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) This subsection applies until January 15, 2025. 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. (b-5) On January 15, 2025, the terms of all members of the Chicago Board of Education appointed under subsection (b) are abolished when the new board, consisting of 21 members, is appointed by the Mayor and elected by the electors of the school district as provided under subsections (b-10) and (b-15) and takes office. (b-10) By December 16, 2024, the Mayor shall appoint a President of the Board for a 2-year term that begins January 15, 2025. The Board shall elect annually from its number a vice-president, in such manner and at such time as the Board determines by its rules. The President appointed by the Mayor and Vice-President elected by the Board 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 shall only have voting rights to break a voting tie of the other Chicago Board of Education elected and appointed members 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. Beginning with the 2026 general election, one member shall be elected at large and serve as the President of the Board for a 4-year term that begins January 15, 2027. On and after January 15, 2027, the President of the Board shall preside at meetings of the Board and vote as any other member but have no power of veto. 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. (b-15) For purposes of selection of members of the Chicago Board of Education, the City of Chicago shall be divided into 10 districts, and each of those 10 districts shall be subdivided into 2 subdistricts as provided in subsection (a) of Section 34-21.10. Until January 15, 2027, each district shall be represented by one member who is elected at the 2024 general election to a 2-year term that begins January 15, 2025 and one member who is appointed by the Mayor by no later than December 16, 2024 to a 2-year term that begins January 15, 2025. Each elected member shall reside within the district that the member represents, and each appointed member shall reside both within the district that the member represents and outside of the subdistrict within which the elected member of the district resides. Beginning January 15, 2027, each subdistrict shall be represented by one member who is elected at the 2026 general election. If a member is elected at the 2026 general election to fill the expired term of an appointed member, then the elected member shall serve a 2-year term that begins January 15, 2027. If a member is elected at the 2026 general election to fill the expired term of an elected member, then the member shall serve a 4-year term that begins January 15, 2027. If a member is elected at the 2026 general election to serve a 2-year term, then the member elected at the 2028 general election shall serve a 4-year term that begins January 15, 2029. If a member is elected at the 2026 general election to serve a 4-year term, then the member elected in that subdistrict at the 2030 general election shall serve a 2-year term that begins January 15, 2031. Beginning with the members elected at the 2032 general election, the members of each subdistrict shall serve two 4-year terms and one 2-year term for each 10-year period thereafter. As determined by lot, the terms of the members representing the subdistricts shall be the following: (1) the members representing 7 subdistricts shall be | | elected for one 2-year term, followed by two 4-year terms;
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| (2) the members representing 7 subdistricts shall be
| | elected for one 4-year term, followed by one 2-year term, and then one 4-year term; and
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| (3) the members representing 6 subdistricts shall be
| | elected for two 4-year terms, followed by one 2-year term.
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| Each elected member shall reside within the subdistrict that the member represents.
(b-20) All elected and appointed members shall serve until a successor is appointed or elected and qualified.
Whenever there is a vacancy in the office of an appointed member of the Board, the Mayor shall appoint a successor who has the same qualifications as the member's predecessor to fill the vacancy for the remainder of the unexpired term.
Whenever there is a vacancy in the office of an elected member of the Board, the President of the Board shall notify the Mayor of the vacancy within 7 days after its occurrence and shall, within 30 days, fill the vacancy for the remainder of the unexpired term by majority vote of the remaining members of the Board. The successor to the elected member shall have the same qualifications as the member's predecessor.
(b-30) The provisions of Section 10-9 of this Code apply to members of the Chicago Board of Education when the Board is considering any contract, work, or business of the district, and the provisions of the Public Officer Prohibited Activities Act that apply to persons holding elected or appointed public office also apply to members of the Board, notwithstanding any other provision of this Code or any law to the contrary.
(c) The Board may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the Board. The Board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the Board.
(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-584, eff. 3-18-24.)
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105 ILCS 5/34-3.1
(105 ILCS 5/34-3.1) (from Ch. 122, par. 34-3.1)
Sec. 34-3.1.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-3.2
(105 ILCS 5/34-3.2) (from Ch. 122, par. 34-3.2)
Sec. 34-3.2.
Board training.
After January 1, 1990 all board members
shall participate in training provided by board employees or
not-for-profit organizations, including without limitation the following:
1. budget and revenue review;
2. education theory and governance;
3. governmental relations;
4. school-based management; and
5. State and federal education law and regulations.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34-3.3
(105 ILCS 5/34-3.3)
Sec. 34-3.3.
Chicago School Reform Board of Trustees; powers and duties;
chief operating, fiscal, educational, and purchasing officers. The General
Assembly finds that an education crisis exists in the Chicago Public Schools
and that a 5-member Chicago School Reform Board of Trustees shall be
established for a 4 year period to bring educational and financial
stability to the system. The Trustees and their chief executive officer are
empowered and directed to:
(i) increase the quality of educational services in the Chicago Public Schools;
(ii) reduce the cost of non-educational services and implement cost-saving
measures including the privatization of services where deemed appropriate;
(iii) develop a long-term
financial plan that to the maximum extent possible reflects a balanced budget
for each year; (iv) streamline and strengthen the management of the system,
including a responsible school-based budgeting process, in order to refocus
resources on student achievement; (v) ensure ongoing academic improvement in
schools through the establishment of an Academic Accountability Council and a
strong school improvement and recognition process; (vi) enact policies and
procedures that ensure the system runs in an ethical as well as efficient
manner; (vii) establish within 60 days after the effective date of this
amendatory Act of 1995, develop, and implement a process for the selection of a
local school council advisory board for the Trustees in which those individuals
active on Local School Councils serve an advisory role to the Trustees; (viii)
establish any organizational structures, including regional offices, that it
deems necessary to ensure the efficient and effective operation of the system;
and (ix) provide for such other local school council advisory bodies as the
Trustees deem appropriate to function in an advisory capacity to any other
organizations or offices established by the Trustees under clause (viii) of
this Section.
(a) Unless otherwise provided in this Article, the Trustees shall have all
powers and duties exercised and performed by the Chicago Board
of Education at the time the terms of its members are abolished as provided in
subsection (a) of Section 34-3.
(b) The Mayor shall appoint a chief executive officer who shall be a person
of recognized administrative ability
and management experience, who shall be responsible for the management of
the system, and who shall have all
other powers and duties of the general superintendent as set forth in this
Article 34. The chief executive officer shall make recommendations to the
Trustees with respect to contracts, policies, and procedures.
(c) The chief executive officer shall appoint, with the approval of the
Trustees, a chief operating officer, a chief fiscal officer, a chief
educational officer, and a chief purchasing officer to serve until June
30, 1999. These officers shall be assigned duties and responsibilities
by the chief executive officer. The chief operating officer, the chief fiscal
officer, the chief educational officer, and the chief purchasing officer may be
granted authority to hire a specific number of employees to assist in meeting
immediate responsibilities. The chief executive officer may remove any
officer, subject to the approval of the Trustees. Conditions of employment for
such personnel shall not be subject to the provisions of Section 34-85.
(d) Upon the expiration on June 30, 1999 of the terms of office of the
chief executive, operating, fiscal, educational, and purchasing officers
appointed under this Section and the appointment of a new Chicago Board of
Education under subsection (b) of Section 34-3, the board may retain,
reorganize, or abolish any or all of those offices and appoint qualified
successors to fill any of those offices that it does not abolish.
(e) The Trustees shall report to the State Superintendent of Education
with respect to its performance, the nature of the reforms which it has
instituted, the effect those reforms have had in the operation of the central
administrative office and in the performance of pupils, staff, and members of
the
local school councils at the several attendance centers within the district,
and such other matters as the Trustees deem necessary to help assure
continuing improvement in the public school system of the district. The
reports shall be public documents and shall be made annually, beginning with
the school year that commences in 1995 and concluding in the school year
beginning in 1999.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-3.4
(105 ILCS 5/34-3.4)
Sec. 34-3.4.
(Repealed).
(Source: P.A. 91-622, eff. 8-19-99. Repealed internally, eff. 6-30-04.)
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105 ILCS 5/34-3.5
(105 ILCS 5/34-3.5)
Sec. 34-3.5. (Repealed).
(Source: P.A. 93-3, eff. 4-16-03. Repealed by P.A. 100-1046, eff. 8-23-18.)
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105 ILCS 5/34-4 (105 ILCS 5/34-4) (from Ch. 122, par. 34-4) Sec. 34-4. Eligibility. To be eligible for election or appointment to the Board, a person shall be a citizen of the United States, shall be a registered voter as provided in the Election Code, shall have been, for a period of one year immediately before election or appointment, a resident of the city, district, and subdistrict that the member represents, and shall not be a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012. A person is ineligible for election or appointment to the Board if that person is not in compliance with the provisions of Section 10-9 as referenced in Section 34-3. For the 2024 general election, all persons eligible for election to the Board shall be nominated by a petition signed by at least 1,000 but not more than 3,000 of the voters residing within the electoral district on a petition in order to be placed on the ballot. For the 2026 general election and general elections thereafter, persons eligible for election to the Board shall be nominated by a petition signed by at least 500 but no more than 1,500 voters residing within the subdistrict on a petition in order to be placed on the ballot, except that persons eligible for election to the Board at large shall be nominated by a petition signed by no less than 2,500 voters residing within the city. Any registered voter may sign a nominating petition, irrespective of any partisan petition the voter signs or may sign. For the 2024 general election only, the petition circulation period shall begin on March 26, 2024, and the filing period shall be from June 17, 2024 to June 24, 2024. Permanent removal from the city by any member of the Board during the member's term of office constitutes a resignation therefrom and creates a vacancy in the Board. Board members shall serve without any compensation; however, members of the Board shall be reimbursed for expenses incurred while in the performance of their duties upon submission of proper receipts or upon submission of a signed voucher in the case of an expense allowance evidencing the amount of such reimbursement or allowance to the President of the Board for verification and approval. Board members shall not hold other public office under the Federal, State or any local government other than that of Director of the Regional Transportation Authority, member of the economic development commission of a city having a population exceeding 500,000, notary public or member of the National Guard, and by accepting any such office while members of the Board, or by not resigning any such office held at the time of being elected or appointed to the Board within 30 days after such election or appointment, shall be deemed to have vacated their membership in the Board. (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-584, eff. 3-18-24.) |
105 ILCS 5/34-4.1 (105 ILCS 5/34-4.1) Sec. 34-4.1. Nomination petitions. In addition to the requirements of the general election law, the form of petitions under Section 34-4 of this Code shall be substantially as follows: NOMINATING PETITIONS (LEAVE OUT THE INAPPLICABLE PART.) To the Board of Election Commissioners for the City of Chicago: We the undersigned, being (.... or more) of the voters residing within said district, hereby petition that .... who resides at .... in the City of Chicago shall be a candidate for the office of .... of the Chicago Board of Education (full term) (vacancy) to be voted for at the election to be held on (insert date). Name: .................. Address: ................... In the designation of the name of a candidate on a petition for nomination, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in clause (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot, but these requirements do not apply to name changes to conform a candidate's name to the candidate's identity or name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage to assume a former surname. No other designation, such as a political slogan, as defined by Section 7-17 of the Election Code, title or degree, or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname. All petitions for the nomination of members of the Chicago Board of Education shall be filed with the board of election commissioners of the jurisdiction in which the principal office of the school district is located within the time provided for by Article 7 of the Election Code, except that petitions for the nomination of members of the Chicago Board of Education for the 2024 general election shall be prepared and certified as outlined in Article 10 of the Election Code. The board of election commissioners shall receive and file only those petitions that include a statement of candidacy, the required number of voter signatures, the notarized signature of the petition circulator, and a receipt from the county clerk showing that the candidate has filed a statement of economic interest on or before the last day to file as required by the Illinois Governmental Ethics Act. The board of election commissioners may have petition forms available for issuance to potential candidates and may give notice of the petition filing period by publication in a newspaper of general circulation within the school district not less than 10 days prior to the first day of filing. The board of election commissioners shall make certification to the proper election authorities in accordance with the general election law. The board of election commissioners of the jurisdiction in which the principal office of the school district is located shall notify the candidates for whom a petition for nomination is filed or the appropriate committee of the obligations under the Campaign Financing Act as provided in the general election law. Such notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law. The board of election commissioners shall within 7 days of filing or on the last day for filing, whichever is earlier, acknowledge to the petitioner in writing the office's acceptance of the petition. A candidate for membership on the Chicago Board of Education who has petitioned for nomination to fill a full term and to fill a vacant term to be voted upon at the same election must withdraw his or her petition for nomination from either the full term or the vacant term by written declaration. Nomination petitions are not valid unless the candidate named therein files with the board of election commissioners a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his or her nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-467, eff. 8-4-23; 103-584, eff. 3-18-24.) |
105 ILCS 5/34-4.5
(105 ILCS 5/34-4.5)
Sec. 34-4.5. Chronic truants.
(a) Socio-emotional focused attendance intervention. The chief executive officer or the chief executive officer's designee shall implement a socio-emotional focused attendance approach that targets the underlying causes of chronic truancy. For each pupil identified as a chronic truant, as defined in Section 26-2a of this Code, the board may establish an individualized student attendance plan to identify and resolve the underlying cause of the pupil's chronic truancy.
(b) Notices. Prior to the implementation of any truancy intervention services pursuant to subsection (d) of this Section, the
principal of
the school attended by the pupil or the principal's designee shall notify the
pupil's parent or guardian by personal visit, letter, or telephone of each
unexcused absence of the pupil. After giving the parent or guardian notice of
the tenth unexcused absence of the pupil, the principal or the principal's
designee shall send the pupil's parent or guardian a letter, by certified mail,
return receipt requested, notifying the parent or guardian that he or she is
subjecting himself or herself to truancy intervention services as provided under
subsection (d) of this Section.
(c) (Blank).
(d) Truancy intervention services. The chief executive officer or the chief executive officer's designee may require the pupil or the pupil's
parent or guardian or both the pupil and the pupil's parent or guardian to do
any or all of the following: complete a parenting education program;
obtain counseling or other supportive services; and comply with an
individualized
educational plan or service plan as provided by appropriate school officials.
If the parent or guardian of the chronic truant shows that he or she
took reasonable steps to ensure attendance of the pupil at school, he or she
shall not be required to perform services.
(e) Non-compliance with services. Notwithstanding any other provision of law to the contrary, if a pupil determined by the chief executive officer or the chief executive officer's designee to be a chronic truant or the parent or guardian of the pupil fails to fully participate in the services offered
under subsection (d)
of this Section, the chief executive officer or the chief executive officer's designee may refer the
matter to the Department of Human Services, the Department of Healthcare and Family Services, or any other applicable organization or State agency for socio-emotional based intervention and prevention services. Additionally, if the circumstances regarding a pupil identified as a chronic truant reasonably indicate that the pupil may be subject to abuse or neglect, apart from truancy, the chief executive officer or the chief executive officer's designee must report any findings that support suspected abuse or neglect to the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act. A State agency that receives a referral may enter into a data sharing agreement with the school district to share applicable student referral and case data. A State agency that receives a referral from the school district shall implement an intake process that may include a consent form that allows the agency to share information with the school district.
(f) Limitation on applicability. Nothing in this Section shall be construed
to apply to a parent or guardian of a pupil not required to attend a public
school pursuant to Section 26-1.
(Source: P.A. 102-456, eff. 1-1-22; 102-813, eff. 5-13-22.)
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105 ILCS 5/34-5
(105 ILCS 5/34-5) (from Ch. 122, par. 34-5)
Sec. 34-5.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-6
(105 ILCS 5/34-6) (from Ch. 122, par. 34-6)
Sec. 34-6. Superintendent of schools. After June 30, 1999, the board
may, by a vote of a majority of its full membership, appoint a
general superintendent of schools to serve pursuant to a performance-based
contract for a term ending on June 30th of the third calendar year after
his or her appointment. He shall be the chief administrative officer of
the board and shall have charge and
control, subject to the approval of the board and to other
provisions of this Article, of all departments and the
employees therein of public schools, except the law department. He shall
negotiate contracts with all
labor organizations which are exclusive representatives of educational
employees employed under the
Illinois Educational Labor Relations Act. All contracts shall be subject to
approval of the Board of Education. The board may conduct a
national
search for a general superintendent. An incumbent general superintendent
may not be precluded from being included in such national search.
Persons appointed pursuant to this Section shall be exempt from the
provisions and requirements of Sections 21-1a, 21-7.1, and 21B-15 of this Code.
(Source: P.A. 97-607, eff. 8-26-11.)
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105 ILCS 5/34-6.1
(105 ILCS 5/34-6.1) (from Ch. 122, par. 34-6.1)
Sec. 34-6.1.
The president or general superintendent shall report any
requests made of the district under provisions of The Freedom of
Information Act and shall report the status of the district's response.
(Source: P.A. 85-942.)
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105 ILCS 5/34-7
(105 ILCS 5/34-7) (from Ch. 122, par. 34-7)
Sec. 34-7.
Establishment of departments.
The board of education shall establish such general departments as it
may deem necessary or appropriate and determine the duties and functions of
each. The heads of such departments shall be appointed by the general
superintendent of schools subject to the approval of a majority of the full
membership of the board. Nothing contained in this Section shall apply to
the law department.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-8 (105 ILCS 5/34-8) (from Ch. 122, par. 34-8) Sec. 34-8. Powers and duties of general superintendent. The general superintendent of schools shall prescribe and control,
subject to the approval of the board and to other provisions of this
Article, the courses of study mandated by State law, textbooks,
educational apparatus and equipment, discipline in and conduct of the
schools, and shall perform such other duties as the board may by rule
prescribe. The superintendent shall also notify the State Board of
Education, the board and the chief administrative official, other than the
alleged perpetrator himself, in the school where the alleged perpetrator
serves, that any person who is employed in a school or otherwise comes into
frequent contact with children in the school has been named as a
perpetrator in an indicated report filed pursuant to the Abused and
Neglected Child Reporting Act, approved June 26, 1975, as amended. The general superintendent may be granted the authority by the board
to hire a specific number of employees to assist in meeting immediate
responsibilities. Conditions of employment for such personnel shall not be
subject to the provisions of Section 34-85. The general superintendent may, pursuant to a delegation of authority by
the board and Section 34-18, approve contracts and expenditures. Pursuant to other provisions of this Article, sites shall be selected,
schoolhouses located thereon and plans therefor approved, and textbooks
and educational apparatus and equipment shall be adopted and purchased
by the board only upon the recommendation of the general superintendent
of schools or by a majority vote of the full membership of the board
and, in the case of textbooks, subject to Article 28 of this Act. The
board may furnish free textbooks to pupils and may publish its own
textbooks and manufacture its own apparatus, equipment and supplies. In addition, in January of each year,
the general
superintendent of schools shall report to the State Board of Education the number of high school students
in the district who are enrolled in accredited courses (for which high
school credit will be awarded upon successful completion of the courses) at
any community college, together with the name and number of the course or
courses which each such student is taking. The general superintendent shall also have the authority to monitor the
performance of attendance centers, to identify and place an attendance
center on remediation and probation, and to recommend to the board that the
attendance center be placed on intervention and be reconstituted, subject to
the provisions of Sections 34-8.3 and 8.4. The general superintendent, or his or her designee, shall
conduct an annual evaluation of each principal in the district
pursuant to guidelines promulgated by the Board and the Board approved
principal evaluation form. The evaluation
shall be based on factors, including the following:
(i) student academic improvement, as defined by the
school improvement plan; (ii) student absenteeism rates at the school;
(iii) instructional leadership;
(iv) effective implementation of programs, policies, or strategies to
improve student academic achievement; (v) school management;
and (vi) other factors, including, without limitation, the principal's
communication skills and ability to create and maintain a
student-centered learning environment, to develop
opportunities for professional development, and to encourage parental
involvement and community partnerships to achieve school improvement. Effective no later than September 1, 2012, the general superintendent or his or her designee shall develop a written principal evaluation plan. The evaluation plan must be in writing and shall supersede the evaluation requirements set forth in this Section. The evaluation plan must do at least all of the following: (1) Provide for annual evaluation of all principals | | employed under a performance contract by the general superintendent or his or her designee, no later than July 1st of each year.
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| (2) Consider the principal's specific duties,
| | responsibilities, management, and competence as a principal.
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| (3) Specify the principal's strengths and weaknesses,
| | (4) Align with research-based standards.
(5) Use data and indicators on student growth as a
| | significant factor in rating principal performance.
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| (Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
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105 ILCS 5/34-8.05
(105 ILCS 5/34-8.05)
Sec. 34-8.05. Reporting firearms in schools. On or after January 1,
1997,
upon receipt of any written,
electronic, or verbal report from any school personnel regarding a verified
incident involving a firearm in a school or on school owned or leased property,
including any conveyance owned,
leased, or used by the school for the transport of students or school
personnel, the general superintendent or his or her designee shall report all
such
firearm-related incidents occurring in a school or on school property to the
local law enforcement authorities no later than 24 hours after the occurrence
of the incident and to the Illinois State Police in a form, manner, and
frequency as prescribed by the Illinois State Police.
The State Board of Education shall receive an annual statistical compilation
and related data associated with incidents involving firearms in schools from
the Illinois State Police. As used in this Section, the term "firearm"
shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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105 ILCS 5/34-8.1
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to supervise the
operation of each attendance center. Their powers and duties shall include
but not be limited to the authority (i) to
direct, supervise, evaluate, and suspend with or without pay or otherwise
discipline all teachers, assistant principals, and other employees assigned to
the attendance center in accordance with board rules and policies and (ii) to
direct
all other persons assigned to the
attendance center pursuant to a contract with a third party to provide services
to the school system. The right to employ, discharge, and layoff shall be
vested solely with the board, provided that decisions to
discharge or suspend
nonlicensed employees, including disciplinary layoffs, and the
termination of licensed employees from employment pursuant to a layoff
or reassignment policy are subject to review under the grievance resolution
procedure adopted pursuant to subsection (c) of Section 10 of the Illinois
Educational Labor Relations Act. The grievance resolution procedure
adopted by the board shall provide for final and binding arbitration, and,
notwithstanding any other provision of law to the contrary, the
arbitrator's decision may include all make-whole relief, including without
limitation reinstatement. The principal shall fill positions by
appointment as provided in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff of any individual. The
authority of the principal shall include the
authority to direct the hours during which the attendance center
shall be open and available for use provided the use complies with board rules
and policies, to determine when and what operations shall be conducted within
those hours, and to schedule staff within those hours. Under the direction of, and subject to the authority
of the principal, the Engineer In Charge shall
be accountable for the safe, economical operation of the plant and grounds
and shall also be responsible for orientation, training,
and supervising the work of Engineers,
Trainees, school maintenance assistants, custodial workers and other plant
operation employees under his or her direction.
There shall be established by the board a system of semi-annual
evaluations conducted by the principal as to performance of the engineer in charge. Nothing
in this Section shall prevent the principal from conducting additional
evaluations. An overall
numerical rating shall be given by the principal based on the evaluation
conducted by the principal. An unsatisfactory numerical rating shall result in
disciplinary
action, which may include, without limitation and in the judgment of the
principal, loss of
promotion
or bidding procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish
procedures for conducting the
evaluation
and reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of, the principal, the
Food Service Manager is responsible at
all times for the proper operation and maintenance of the lunch room to which
he is assigned and shall also be responsible for the orientation, training, and
supervising the work of cooks, bakers, porters,
and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of semi-annual
evaluations conducted by the principal as to the performance of the food
service manager.
Nothing in this Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be given by the
principal based on the
evaluation conducted by the principal. An unsatisfactory numerical rating
shall
result in disciplinary action which may include, without limitation and in
the judgment of the principal, loss of promotion or bidding procedure,
reprimand, suspension with or without pay, or recommended dismissal. The board
shall establish rules for conducting the evaluation and
reporting the results to the food service manager.
Nothing in this Section shall be interpreted to require the employment or
assignment of an Engineer-In-Charge or a Food Service Manager for each
attendance center.
Principals shall be employed to supervise the educational operation of
each attendance center. If a principal is absent due to extended
illness or leave of absence, an assistant principal may be assigned as
acting principal for a period not to exceed 100 school days. Each principal
shall assume administrative responsibility and instructional leadership, in
accordance with reasonable rules and regulations of the board, for the
planning, operation and evaluation of the educational program of the
attendance center to which he is assigned. The principal shall submit
recommendations to the general superintendent concerning the appointment,
dismissal, retention, promotion, and assignment of all personnel assigned to
the attendance center; provided, that from and after September 1, 1989: (i) if
any vacancy occurs in a position at the
attendance center or if an additional or new position is created at the attendance center, that position shall be filled
by appointment made by the principal in accordance with procedures
established and provided by the Board
whenever the majority of the duties included in that position are to be
performed at the attendance center which is under the principal's supervision,
and each such appointment so made by the principal
shall be made and based upon merit and ability to perform in that position
without regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation obligations,
including but not limited to the Consent Decree and Desegregation Plan in
U.S. v. Chicago Board of Education; (ii)
the principal shall submit recommendations based upon merit and ability to
perform in the particular position, without regard to
seniority or length of service, to the general
superintendent
concerning the appointment of any teacher, teacher aide, counselor, clerk,
hall guard, security guard and any other personnel which is
to be made by the general superintendent whenever less than
a majority
of the duties of that teacher, teacher aide, counselor, clerk, hall guard,
and security guard and any other personnel are to be performed
at the attendance center which is under the principal's supervision; and
(iii) subject to law and the applicable collective bargaining agreements,
the authority and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an attendance
center shall commence immediately upon his or her appointment as principal
of the attendance center, without regard to the length of time that he or
she has been the principal of that attendance center.
Notwithstanding the existence of any other law of this State, nothing in
this Act shall prevent the board from entering into a contract with a third
party for services currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each principal may
approve contracts, binding on the board, in the amount of no more than $10,000,
if the contract is endorsed by the Local School Council.
Unless otherwise prohibited by law or by rule of the board, the principal
shall provide to local
school council members copies of all
internal audits and any other pertinent information generated by any audits or
reviews of the programs and operation of the attendance center.
Each principal shall hold a valid Professional Educator License issued in accordance with Article 21B and endorsed
as required by that Article for the position of principal. The board may
establish or impose clear, specific, explicit, and objective academic,
educational, examination, and experience requirements and
criteria that are in addition
to those established and required by Article 21B for issuance of a valid license
endorsed for the position of principal as a condition of the nomination, selection,
appointment,
employment, or continued employment of a person as principal of any
attendance center or as a condition of the renewal of any principal's
performance contract. If the additional requirements and criteria result or may result in the exclusion of an otherwise qualified and licensed candidate from being eligible for selection to serve as a principal of an attendance center, then the board shall maintain a public database that includes the names of all the candidates who are eligible to be selected as a principal and who do not choose to not have their name included in the database. The board shall give notice of no less than 30 days to all otherwise qualified and licensed candidates each quarter of their ability to be included in the database and shall make updates to the database within no more than 10 days after the end of the quarter for which notice is given.
The board must establish standards and procedures to ensure that no candidate is deemed ineligible to be selected as a principal for reasons that are not directly related to the candidate's anticipated performance as a principal. The standards and procedures established by the board must do all of the following: (1) Set forth all of the specific criteria used by | | the board to make decisions concerning the eligibility of candidates.
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| (2) Provide each candidate with a written,
| | competency-aligned score report and evidence-based rationale related to the scoring criteria for each competency area.
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| (3) Provide remediation goals and other supportive
| | services to assist a candidate in correcting any deficiencies identified by the board in the board's rationale.
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| (4) Include provisions to ensure that no person is
| | discriminated against on the basis of conscious or implicit biases associated with race, color, national origin, or a disability that is unrelated to the person's ability to perform the duties of a principal.
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| The board, in cooperation with the organization that represents the district's principals and assistant principals, must establish a grievance and hearing procedure for those candidates the general superintendent or the general superintendent's designee has deemed ineligible to serve as principal of an attendance center or whose eligibility has been slated for revocation. The evaluator must be a State Board of Education-trained principal evaluator or must receive such training before rendering a decision. The hearing officer must receive sufficient training in principal evaluation processes and criteria to render an informed decision.
Within 10 days after the general superintendent or the general superintendent's designee determines that a candidate is ineligible or makes a decision to revoke the eligibility of an administrator, the general superintendent or the general superintendent's designee must notify the candidate or administrator, in writing, of the specific reasons for the general superintendent's or the general superintendent's designee's determination of the candidate's or administrator's ineligibility. Within 30 days after receiving this notification, the candidate or administrator may request that the general superintendent or the general superintendent's designee initiate a review of the decision through the grievance and hearing process established pursuant to this Section.
In the case of a principal who is deemed ineligible based on a performance evaluation, the evaluator conducting the review must consider as evidence of the principal's performance any local school council evaluation that covers the same evaluation period. If a decision to revoke eligibility is grieved, the administrator shall remain on the eligibility list until the administrator receives a decision in the grievance. However, prior to any hiring decision, the board may communicate to any local school council that the administrator has a grievance pending while the grievance is pending. The grievance decision shall be binding on the principal and the board.
If performance evaluations are included in the criteria used by the board in determining that a principal is no longer eligible to seek a principal position at an attendance center, the board's criteria must use the standard of either an unsatisfactory summative evaluation or 2 or more basic or lower summative performance evaluations within a period of 7 school years, except as provided below in the case of a principal who is in his or her first principal position. A principal with summative performance evaluations of basic in the principal's first 2 school years in that role shall not impact a principal's eligibility status if the principal earns an increased numerical rating in at least one competency domain while maintaining ratings on all other competency domains in the school year immediately following the basic rating. A principal who is deemed ineligible based on a performance evaluation may request that the general superintendent review that determination under the grievance procedure, in which case the general superintendent's designee must be a State Board of Education-trained principal evaluator, and, in conducting that review, the general superintendent's designee must consider any local school council evaluation that covers the same evaluation period. If an individual evaluator rates an individual principal as unsatisfactory for the first time, the board may not determine that a principal is no longer eligible to serve as a principal based on performance evaluations from that evaluator if, during the same school term of service, the local school council's evaluation of the principal's performance was distinguished. If a principal has been deemed ineligible based on a performance evaluation, the principal's status is restored to eligible when the principal receives a proficient or higher summative performance evaluation rating, provided the principal meets all other criteria for eligibility.
The board shall specify in its formal job description for principals,
and from and after July 1, 1990 shall specify in the 4 year
performance contracts for use with respect to all principals,
that his or her primary responsibility is in the improvement of
instruction. A majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and informal
activities, establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents and teachers.
The principal, with the assistance of the local school council, shall
develop a school improvement plan as provided in Section 34-2.4 and, upon
approval of the plan by the local school council, shall
be responsible for directing implementation of the plan. The principal,
with the assistance of the professional personnel leadership committee, shall
develop the specific methods and contents of the school's curriculum within
the board's system-wide curriculum standards and objectives and the
requirements of the school improvement plan. The board shall ensure that all
principals are evaluated on their instructional leadership ability and their
ability to maintain a positive education and learning climate. It shall also
be the responsibility of the principal to utilize resources of proper law
enforcement agencies when the safety and welfare of students and teachers are
threatened by illegal use of drugs and alcohol, by illegal use or possession
of weapons, or by illegal gang activity.
Nothing in this Section shall prohibit the board and the exclusive representative of the district's teachers from entering into an agreement under Section 34-85c of this Code to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations, for teachers assigned to schools identified in that agreement.
On or before October 1, 1989, the Board of Education, in consultation
with any professional organization representing principals in the district,
shall promulgate rules and implement a lottery for the purpose of
determining whether a principal's existing performance contract (including
the performance contract applicable to any principal's position in which a
vacancy then exists) expires on June 30, 1990 or on June 30, 1991, and
whether the ensuing 4 year performance contract begins on July 1, 1990 or
July 1, 1991. The Board of Education shall establish and conduct the
lottery in such manner that of all the performance contracts of principals
(including the performance contracts applicable to all principal positions
in which a vacancy then exists), 50% of such contracts shall expire on June
30, 1990, and 50% shall expire on June 30, 1991. All persons serving as
principal on May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than
as provided by Section 34-2.3, shall be deemed by operation of
law to be serving under a performance contract which expires on June 30,
1990 or June 30, 1991; and unless such performance contract of any such
principal is renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34-2.2 or 34-2.3, the
employment of such person as principal shall terminate on June 30, 1990
or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the
principal of each attendance center shall be the person selected in the
manner provided by Section 34-2.3 to serve as principal of that attendance
center under a 4 year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991, shall commence on
the date specified in the contract, and the renewal of their performance
contracts and the appointment of principals when their performance contracts
are not renewed shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office of a principal occurs for any reason, the vacancy shall
be filled by the selection of a new principal to serve under a 4 year
performance contract in the manner provided by Section 34-2.3.
The board of education shall develop and prepare, in consultation with
the organization representing principals, a performance contract for
use
at all attendance centers, and shall furnish the same to each local school
council. The term of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer pursuant to
subdivision 1.5 of Section 34-2.3, in which case the contract shall be
extended for 2 years. The performance
contract of each principal shall consist of the
uniform performance contract, as developed or from time to time modified by the
board, and such additional criteria as are established by a local school
council pursuant to Section 34-2.3 for the performance contract of its
principal.
During the term of his or her performance contract, a principal may be
removed only as provided for in the performance contract except for cause.
He or she shall also be obliged to follow the rules of the board of
education concerning conduct and efficiency.
In the event the performance contract of a principal is not renewed or a
principal is not reappointed as principal under a new performance contract,
or in the event a principal is appointed to any position of
superintendent or higher position, or voluntarily
resigns his position of principal, his or her employment as a principal
shall terminate and such former principal shall not be
reinstated to the position from which he or she was promoted to principal,
except that he or she, if otherwise qualified and licensed in accordance
with Article 21B, shall be placed by the board on appropriate eligibility
lists which it prepares for use in the filling of vacant or additional or
newly created positions for teachers. The principal's total years of
service to the board as both a teacher and a principal, or in other
professional capacities, shall be used in calculating years of experience
for purposes of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is not renewed or
a principal is not reappointed as principal under a new performance
contract, such principal shall be eligible to continue to receive his or
her previously provided level of health insurance benefits for a period of
90 days following the non-renewal of the contract at no expense to the
principal, provided that such principal has not retired.
(Source: P.A. 102-894, eff. 5-20-22; 102-1139, eff. 2-10-23.)
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105 ILCS 5/34-8.1a
(105 ILCS 5/34-8.1a)
Sec. 34-8.1a.
Waiver of collective bargaining agreement provisions.
Notwithstanding the provisions of any law or collective
bargaining agreement to
the
contrary, the principal, with the concurrence of at least 63.5% through August
31, 1995, and 51% thereafter of an
attendance
center's personnel in the teachers' bargaining unit, whether
certificated or uncertificated
non-academic, shall have the right to declare waived and superseded a provision
of the teachers' collective bargaining
agreement as it applies in or at the
attendance center to the bargaining unit's employees.
Any collective bargaining agreement
entered into after the effective date of this amendatory Act of 1995 with a
bargaining unit other than the teachers' bargaining unit shall contain a
waiver procedure that meets
the requirements of this Section.
Any waiver approved as provided in this Section shall be final upon
concurrence of the required percentage of personnel and shall not be subject to
approval or rejection by a bargaining unit or a committee of the bargaining
unit.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.1b
(105 ILCS 5/34-8.1b)
Sec. 34-8.1b. (Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 102-1138, eff. 2-10-23.)
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105 ILCS 5/34-8.3
(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance centers.
(a) The general superintendent shall monitor the
performance of the
attendance centers within the district and shall
identify
attendance centers, pursuant to criteria that the board shall establish,
in which:
(1) there is a failure to develop, implement, or | | comply with a school improvement plan;
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(2) there is a pervasive breakdown in the educational
| | program as indicated by factors, including, but not limited to, the absence of improvement in student reading and math achievement scores, an increased drop-out rate, a decreased graduation rate, and a decrease in rate of student attendance;
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(3) (blank); or
(4) there is a failure or refusal to comply with the
| | provisions of this Act, other applicable laws, collective bargaining agreements, court orders, or with Board rules which the Board is authorized to promulgate.
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(b) If the general superintendent identifies a
nonperforming school
as described herein, he or she shall place the attendance center on
remediation by developing a remediation plan for the center. The purpose
of the remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding for
| | training for the local school council;
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(3) directing implementation of a school improvement
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(4) mediating disputes or other obstacles to reform
| | or improvement at the attendance center.
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Nothing in this Section removes any authority of the local school council, which shall retain the right to reject or modify any school improvement plan or implementation thereof, as long as the rejection or modification of any school improvement plan or implementation thereof is consistent with State and federal requirements.
If, however, the general superintendent determines that
the problems
are not able to be remediated by these methods, the
general superintendent shall place the attendance center on probation.
The board shall establish guidelines that determine the factors for placing
an attendance center on probation.
(c) Each
school placed on probation shall have a school improvement plan
and school budget for correcting deficiencies identified
by the board. The plan shall
include specific steps that the local school council and school staff must
take to correct identified deficiencies and specific objective criteria
by which the
school's subsequent progress will be determined.
The school budget shall include specific expenditures directly calculated to
correct educational and operational deficiencies identified at the school by
the probation team.
(d) Schools placed on probation that, after a maximum of one year, fail
to make
adequate progress in correcting deficiencies are subject to the following actions
by the general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the
| | provisions of Section 24A-5.
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(4) Reconstitution of the attendance center and
| | replacement and reassignment by the general superintendent of all employees of the attendance center.
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(5) Intervention under Section 34-8.4.
(5.5) Operating an attendance center as a contract
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(6) Closing of the school.
(e) Schools placed on probation shall remain on probation from year to
year until deficiencies are corrected, even if such schools make acceptable
annual progress.
The board shall establish, in writing, criteria for determining whether or
not a school shall remain on probation. If academic achievement tests are used
as the factor for placing a school on probation, the general superintendent
shall consider objective criteria, not just an increase in test scores, in
deciding whether or not a school shall remain on probation. These criteria
shall include attendance, test scores, student mobility rates, poverty rates,
bilingual education eligibility, special education, and English language
proficiency programs, with progress made in these areas being taken into
consideration in deciding whether or not a school shall remain on probation. Such criteria shall be delivered to each local school council on or before October 31 of each year.
(e-5) Notwithstanding any other provision of this Section to the contrary, a school that has been on probation for 5 years or more shall have the following powers restored to its local school council:
(1) to grant approval of the school improvement plan;
| | (2) to approve the school budget.
With respect to the employment, dismissal, and evaluation of a school principal, the local school council of a school that has been on probation for 5 years or more shall conduct a non-binding poll that must be considered by the network chief. The network chief shall work collaboratively with the local school council throughout the process of employment, dismissal, and evaluation of a school principal.
(f) Where the board
has reason to believe that violations of
civil rights, or of civil or criminal law have occurred, or when the general
superintendent deems that the school is in educational crisis it may take
immediate corrective action, including the actions specified in this Section,
without first placing the school on remediation or probation. Nothing
described herein shall limit the authority of the board as provided by any law
of this State. The board shall
develop criteria governing the determination regarding when a school is in
educational crisis. Such criteria shall be delivered to each local school council on or before October 31 of each year.
(g) All persons serving as subdistrict superintendent on May 1, 1995 shall
be deemed by operation of law to be serving under a performance contract which
expires on June 30, 1995, and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board shall have no
obligation to compensate any such person as a subdistrict superintendent after
June 30, 1995.
(h) The general superintendent shall, in
consultation with local
school councils, conduct an annual evaluation of each principal in the
district pursuant to guidelines promulgated by the Board of
Education.
(Source: P.A. 102-677, eff. 12-3-21.)
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105 ILCS 5/34-8.3a
(105 ILCS 5/34-8.3a)
Sec. 34-8.3a.
Financial supervision of attendance centers.
(a) A fiscal advisor that has been appointed pursuant to subsection (a) of
Section 34-2.1
of this Code shall, not later than 90 days after his or her appointment, report
to the general
superintendent, the board of education, the local school council, and the
principal of the school on
the progress made in addressing any of the financial deficiencies. If the
fiscal advisor determines
that the attendance center has rectified all identified deficiencies or has made satisfactory
progress in addressing identified deficiencies such that the deficiencies shall be corrected
subsequent to the 90-day period, no further action shall be taken by the
Board. If, however, the local school council and the principal have not
rectified or made satisfactory progress in correcting identified deficiencies,
the general superintendent may appoint a financial supervision team,
consisting of the fiscal advisor, the general superintendent or his or her
designee, and a representative of an outside, independent auditor. Financial
supervision teams may develop and implement school budgets to correct the
financial irregularities identified in the fiscal advisor's report. The
budget shall identify specifically those expenditures that directly correct
the irregularities identified in the fiscal advisor's report. Financial
supervision teams shall institute systems and procedures necessary to achieve
appropriate fiscal management at the school.
(b) Financial supervision teams may modify an existing school improvement
plan only to the extent necessary to implement the school budget it develops.
Modifications to a school improvement plan shall include specific steps that
the local school council and school staff must take to correct each specific
financial irregularity identified by the fiscal advisor's report. The
modifications to a school improvement plan shall further specify objective
criteria by which the deficiencies identified in the fiscal advisor's report
are to be corrected. The local school council and school staff shall be
consulted on the school budget and modifications to the school improvement
plan to be implemented by the financial supervision team but will have no
authority to modify either.
(c) Upon implementation of the budget developed by the financial supervision
team, and accompanying modifications to a school improvement plan, the
financial supervision team's authority to conduct fiscal or related educational
management of a school shall cease.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-8.4
(105 ILCS 5/34-8.4)
Sec. 34-8.4.
Intervention.
The Chicago Schools Academic Accountability Council may recommend to the
Chicago School Reform Board of Trustees that any school placed on remediation
or probation under Section 34-8.3 or schools that for the 3 consecutive
school years of 1992-1993, 1993-1994, and 1994-1995 have met the State Board of
Education's category of "does not meet expectations" be made subject to
intervention under this Section 34-8.4. In addition to any powers created
under this Section, the Trustees shall have all powers created under Section
34-8.3 with respect to schools subjected to intervention.
Prior to subjecting a school to intervention, the Trustees shall conduct a
public hearing and make findings of facts concerning the recommendation of the
Chicago Schools Academic Accountability Council and the factors causing the
failure of the school to adequately perform. The Trustees shall afford an
opportunity at the hearing for interested persons to comment about the
intervention recommendation. After the hearing has been held and completion of
findings of fact,
the Trustees shall make a determination whether to subject the school to
intervention.
If the Trustees determine that a school shall be subject to intervention
under this Section, the Trustees shall develop an intervention implementation
plan and shall cause a performance evaluation to be made of each employee at
the school. Upon consideration of such evaluations, and consistent with the
intervention implementation plan, the Trustees may reassign, layoff, or
dismiss any employees at the attendance center, notwithstanding the provisions
of Sections 24A-5 and 34-85.
The chief educational officer shall appoint a principal for the school and
shall set the terms and conditions of the principal's contract, which in no
case may be longer than 2 years. The principal shall select all teachers and
non-certified personnel for the school as may be necessary. Any provision of
Section 34-8.1 that conflicts with this Section shall not apply to a school
subjected to intervention under this Section.
If pursuant to this Section, the general superintendent, with the approval of
the board, orders new local school council elections, the general
superintendent shall carry out the responsibilities of the local school council
for a school subject to intervention until the new local school council members
are elected and trained.
Each school year, 5% of the supplemental general State aid
funds distributed to a school subject
to intervention during that school year under subsection 5(i)(1)(a)
of part A of Section 18-8 or subsection (H) of Section 18-8.05 shall be
used for employee performance incentives.
The Trustees shall prepare a report evaluating the results of any interventions
undertaken pursuant to this Section and shall make recommendations concerning
implementation of special programs for dealing with underperforming schools on
an ongoing basis. This report shall be submitted to the State Superintendent
of Education and Mayor of the City of Chicago by January 1, 1999.
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)
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105 ILCS 5/34-8.5
(105 ILCS 5/34-8.5)
Sec. 34-8.5.
(Repealed).
(Source: Repealed by P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.6
(105 ILCS 5/34-8.6)
Sec. 34-8.6.
Short title.
Sections 34-8.6 through 34-8.19 of this Act
may be cited as the Chicago Learning Zone Implementation Law.
(Source: P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.7
(105 ILCS 5/34-8.7)
Sec. 34-8.7.
Findings.
The General Assembly observes that the Chicago
Learning Zone Advisory Committee has issued its report and recommendations.
The General Assembly finds, after due consideration of the Committee's report
and
recommendations, that establishment of a Chicago Learning Zone designation, as
the educational version of enterprise zones, will create an opportunity to
accelerate the process of Chicago school reform. The General Assembly further
finds that the Chicago Learning Zone will offer a fundamental change in
operations from a mode of following regulations to an outcome mode, that this
change will be one which concentrates on improving academic achievement in ways
that can be utilized to reform the system, and that this change will be
predicated on the overriding philosophy that attendance centers should be
empowered to develop models most appropriate to their situations.
The General Assembly further observes that the value of a learning experience
is determined by the outcomes achieved, not by the time or place of attendance;
and, it finds that Learning Zone schools should have the ability to operate
without State laws and regulations, board rules, and policies, and the ability
to operate with contractual waivable conditions by a vote of the school staff
governed by the contracts. Accordingly, the General Assembly finds that the
educational needs of the schoolchildren of Chicago
will be served by establishing a Chicago Learning Zone.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.8
(105 ILCS 5/34-8.8)
Sec. 34-8.8.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.9
(105 ILCS 5/34-8.9)
Sec. 34-8.9.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.10
(105 ILCS 5/34-8.10)
Sec. 34-8.10.
Applications for Learning Zone designation.
The board shall
evaluate applications from attendance centers within
Chicago. Applications shall be in the form prescribed by the board. The
board shall, upon majority vote, grant Learning Zone
designations that, in
its judgment, satisfy the goals and requirements of this Law. The board
shall establish policies and procedures necessary to implement this Law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.11
(105 ILCS 5/34-8.11)
Sec. 34-8.11.
Evaluation criteria.
In determining whether to grant
Learning Zone designation, the board shall consider the
following factors:
(1) The extent to which the application demonstrates that improved student
learning will be the paramount priority and outcome;
(2) Proposed adoption of high, rigorous standards of achievement and outcome
for all students and staff;
(3) Proposed use of shared, collegial decision-making;
(4) Creative, flexible, and innovative proposed restructuring of the
applicant attendance centers to create student-centered learning environments;
(5) Parental and community integration and involvement;
(6) Development of collaborative relationships with health and human
services agencies;
(7) Ability to function on a localized, decentralized basis within the
Chicago public school system;
(8) Appropriateness of budget and resource allocations, including those
functions to be assumed and those to remain centralized;
(9) Impact of the statutes, regulations, rules, and policies for which
waivers are sought; and
(10) Such other factors, not confined to the foregoing, that are fiscally
sound and reasonably determinative of successful student outcome.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.12
(105 ILCS 5/34-8.12)
Sec. 34-8.12.
Attendance center support.
Applications for Learning Zone
designation must include evidence that the application is supported by the
principal of the attendance center and by a majority vote of the Local School
Council and attendance center staff. Applications shall include that
evidence for each participating attendance center.
(Source: P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.13
(105 ILCS 5/34-8.13)
Sec. 34-8.13.
Learning Zone designation principles.
In performing its
duties under this Law, the board shall be guided by the
following
additional principles:
(1) Learning Zone designations should be effective for an initial period of
no less than 3 and no more than 6 years;
(2) Learning Zone designations should encompass clusters of
attendance
centers through joint application from secondary and feeder elementary
schools or in other reasonably related clusters;
(3) Learning Zone designations should encompass, in the aggregate,
approximately 10% of the students enrolled in attendance centers within
Chicago;
(4) Learning Zone designations should, in the aggregate, be reflective
of
the racial and ethnic diversity and demography of students enrolled in
attendance centers within Chicago;
(5) Learning Zone designations should be fully operational commencing with
the 1996-97 school year; and
(6) Learning Zone designation renewals, revisions, and applications for
additional waivers of statutes, regulations, rules, and policies should be
evaluated in light of the goals of this Law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.14
(105 ILCS 5/34-8.14)
Sec. 34-8.14. Non-waivable provisions. Notwithstanding anything in this Code to
the contrary, statutes, regulations, rules, and policy provisions concerning
the following shall not be waivable:
(1) student civil rights;
(2) staff civil rights;
(3) health and safety;
(4) performance and financial audits;
(5) Local School Council provisions, including | | required statements of economic disclosure;
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(6) the Open Meetings Act;
(7) the Freedom of Information Act;
(8) the assessments required under Section 2-3.64a-5
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(9) Chicago learning outcomes;
(10) Sections 2-3.25a through 2-3.25j of this Code;
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(11) collective bargaining agreements.
(Source: P.A. 98-972, eff. 8-15-14.)
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105 ILCS 5/34-8.15
(105 ILCS 5/34-8.15)
Sec. 34-8.15.
Reports.
The board shall
file reports
describing statutory waivers encompassed in the Learning Zone designations it
grants under Section 34-8.10 with
the House of Representatives, the Senate, and the Secretary of State before
October 1, 1995 and thereafter before each May 1 and October 1. The provisions
in the report or as amended by the General Assembly shall take effect as
provided by law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.16
(105 ILCS 5/34-8.16)
Sec. 34-8.16.
Disapproval or amendment of reports.
The General Assembly
may disapprove the report of the board in whole, or amend it
within 30
calendar days after each house of the legislature next convenes after the
report
is filed, by adoption of a resolution by a record vote of the majority of the
members elected in each house directed to the board. The
resolution shall
be binding upon the board. Reports shall become effective
if the General
Assembly fails to disapprove or amend the report within the 30 day period.
For the initial report that the board is required to file
before October
1, 1995, the General Assembly may, by January 1, 1996, disapprove the report
of the board in whole or amend it, after the report is
filed, by the
adoption of a resolution by a record vote of the majority of the members. The
initial report shall become effective if the General Assembly fails to
disapprove or amend the report by January 1, 1996.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.17
(105 ILCS 5/34-8.17)
Sec. 34-8.17. Lump-sum allocation; key centralized functions. Final
designation as a Learning Zone under this Law shall entitle the participating
attendance centers to receive funds in lump-sum allocations, to budget and
spend those funds, and to operate in accordance with the designation and this
Law. Lump-sum allocations shall be based on the number of enrolled regular
and special needs students and shall include all operating funds for
compensation, supplies, equipment, repairs, energy, maintenance,
transportation,
and
professional services, and all special funds that follow special populations,
including desegregation, special education, bilingual, federal, and State
Chapter 1 funds. A sum equal to 3.2% of operating funds shall be deducted by
the board to provide key centralized functions,
unless a
designated Learning Zone obtains one or more of those functions elsewhere, in
which case the sum shall be appropriately adjusted. As used
in this Law, key centralized functions shall mean:
(1) Equity assurance staff to ensure that services | | are maintained for students with disabilities, English learners, low-income students, and any other special need students as required by federal law;
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(2) Payroll services and background and credential
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(3) Budget and treasury services to levy and collect
| | taxes and distribute lump-sum funding;
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(4) Central computer systems providing information
| | distribution and networking;
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(5) On-line data collection and analysis centers for
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(6) Emergency pool funding; and
(7) Legal and labor departmental services for
| | system-wide litigation and collective bargaining negotiations.
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(Source: P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/34-8.18
(105 ILCS 5/34-8.18)
Sec. 34-8.18.
The board shall revoke Learning Zone
designation and
the attendance center or centers involved shall return to their prior status
upon a finding of:
(1) A material violation of conditions, standards, or | | procedures established in the designation or this Law;
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(2) Failure to meet or make reasonable progress
| | toward achievement of goals;
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(3) Failure to meet generally accepted standards of
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(4) Conditions jeopardizing the health or safety of
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Technical assistance designed to resolve items (1) through (4) may, in the
discretion of the board, be provided to attendance centers
prior to or in
lieu of revocation of Learning Zone designations.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.19
(105 ILCS 5/34-8.19)
Sec. 34-8.19.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-9
(105 ILCS 5/34-9) (from Ch. 122, par. 34-9)
Sec. 34-9.
Report
and estimates.
On or before December 1, 1972, on or before December 1, 1973, on or
before August 1, 1974 and on or before August 1 of each fiscal year
thereafter, the general superintendent of schools shall submit to the board
a report containing:
1. A separate balance sheet for each fund under the | | control of the board, showing, by classes, the estimated current assets and liabilities thereof as of the beginning of the next fiscal year and the amounts of such assets available for appropriation in such year, either for expenditures or charges to be made or incurred during such year or for liabilities unpaid at the beginning thereof. Estimates of taxes to be received from prior levies shall be net, after deducting amounts sufficient to cover the loss and cost of collecting taxes and also deferred collections thereof and abatements in the amount of taxes extended or to be extended upon the collectors' books. Estimates of the liabilities of the respective funds shall include (a) all final judgments, and accrued interest thereon, entered against the board and unpaid at the beginning of such next fiscal year, (b) the principal of all general obligation notes or anticipation tax warrants and all temporary loans and all accrued interest thereon unpaid at the beginning of such next fiscal year, (c) any amount for which the board is required to reimburse the working cash fund from the educational purposes fund pursuant to the provisions of Sections 34-30 to 34-36 inclusive, and (d) estimates of all accounts payable including estimates of audited vouchers, participation certificates, interfund loans and purchase orders payable.
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2. Detailed estimates, by funds, of all taxes to be
| | levied for the next fiscal year and of all other current revenues to be derived from other sources, which will be applicable to expenditures or charges to be made or incurred during such year. In estimating taxes to be levied for any purpose, except for the payment of bonded indebtedness or interest thereon and except for pension fund or working cash fund purposes, the general superintendent of schools shall be governed by the limitations in Sections 34-43 to 34-52, inclusive.
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3. Estimates, by funds, of the amounts necessary for
| | the board to appropriate for expenditures or charges to be made or incurred during the next succeeding fiscal year, including estimates of the interest to accrue during such year upon general obligation notes or anticipation tax warrants and temporary loans. Such estimates shall be so classified as to show the different objects and purposes for which expenditures or charges are to be made or incurred and the amount required for each object or purpose.
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4. Such other information concerning the financial
| | affairs of the board as the board may prescribe.
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(Source: P.A. 77-2734 .)
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105 ILCS 5/34-10
(105 ILCS 5/34-10) (from Ch. 122, par. 34-10)
Sec. 34-10.
Revised report-Amendments-Excessive appropriations.
Within the first 15 days of each fiscal year the general superintendent
of schools may submit to the board a revised report on all matters
specified in Section 34-9, upon the basis of information then available,
and may submit amendments to such report at any time prior to the passage
of the annual school budget. He shall also submit to the board, whenever
requested by it, any additional or supplemental information he may have
concerning matters upon which he is required to report. He shall, within 10
days after the first regular meeting of the board occurring not less than 7
days after the adoption of the school budget, report to the board the
extent to which and in what respects, if any, the appropriations contained
in such budget in his judgment exceed the appropriations which the board is
by law authorized to make.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/34-11
(105 ILCS 5/34-11) (from Ch. 122, par. 34-11)
Sec. 34-11.
Duties of general counsel; assistants.
The board by a majority vote of its full membership shall appoint a general
counsel who shall have charge and control, subject to the approval of the
board, of the law department and of all litigation, legal questions and
such other legal matters as may be referred to the department by the board
or by the general superintendent of schools. Appointments, promotions and
discharge of assistant attorneys shall be made by a majority of the board
upon recommendation of the attorney or by a majority vote of the full
membership of the board. The general counsel shall hold this
office for an
indefinite term subject to removal by a majority vote of the full
membership of the board. In this Article, "attorney"
means general
counsel.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-12
(105 ILCS 5/34-12) (from Ch. 122, par. 34-12)
Sec. 34-12.
Participation in meetings by superintendent and attorney.
The general superintendent of schools and the general counsel may be present at
all meetings of the board and shall have a right to take part in its
discussions and deliberations, but shall have no vote.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-13
(105 ILCS 5/34-13) (from Ch. 122, par. 34-13)
Sec. 34-13.
Appointment, removal or suspension of attorney and
assistants. The appointment and removal of the general superintendent of
schools, heads of general departments now in existence or hereafter
established, the general counsel, and all assistant attorneys
shall not be subject
to the civil service law. The heads of general departments now in existence
or hereafter established may be removed by a majority vote of the full
membership of the board upon the recommendation of the general
superintendent of schools or by a majority vote of the full membership
of the board.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-13.1
(105 ILCS 5/34-13.1)
Sec. 34-13.1. Inspector General.
(a) The Inspector General and his office in existence on the effective date
of this amendatory Act of 1995 shall be transferred to the jurisdiction of the
board upon appointment of the Chicago School Reform Board of Trustees. The
Inspector General shall have the authority
to conduct investigations into allegations of or incidents of waste, fraud, and
financial mismanagement in public education within the jurisdiction of the
board by a local school council
member or an
employee, contractor, or member of the board or involving
school projects
managed or handled by the Public Building Commission. The Inspector General
shall make recommendations to the board about the
investigations.
The Inspector General in office on the effective date of this amendatory Act
of 1996 shall serve for a term expiring on June 30, 1998. His or her
successors in office shall each be appointed by the Mayor, without the consent
or approval of the City Council, for 4 year terms expiring on June 30th of an
even numbered year; however, beginning January 15, 2025, successors shall be appointed by the board instead of the Mayor.
If the Inspector General leaves office or if a vacancy in that office otherwise occurs, the
Mayor shall appoint, without the consent or
approval of the City Council, a successor to serve under this Section for the
remainder of the unexpired term; however, beginning January 15, 2027, successors shall be appointed by the board instead of the Mayor. The
Inspector General shall be independent of the operations of the board and
the School Finance Authority, and shall perform other duties requested by the
board.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of the
office. If the Inspector General determines that a possible
criminal act has been committed or that special expertise is
required in the investigation, he or she shall immediately notify
the Chicago Police Department and the Cook County State's
Attorney. All investigations conducted by the Inspector General
shall be conducted in a manner that ensures the preservation of
evidence for use in criminal prosecutions.
(c) At all times the Inspector General shall be granted
access to any building or facility that is owned, operated, or
leased by the board, the Public Building Commission, or the
city in trust
and for the use and benefit of the schools of the district.
(d) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers pertinent
to an investigation authorized by this Code. Any person who (1)
fails to appear in response to a subpoena; (2) fails to answer
any question; (3) fails to produce any books or papers pertinent
to an investigation under this Code; or (4) knowingly gives
false testimony during an investigation under this Code, is
guilty of a Class A misdemeanor.
(e) The Inspector General shall provide to the board and
the Illinois General Assembly a summary of reports and
investigations made under this Section for the previous fiscal
year no later than January 1 of each year, except that the Inspector General
shall provide the summary of reports and investigations made under this Section
for the period commencing July 1, 1998 and ending April 30, 1999 no later than
May 1, 1999. The summaries shall detail the final disposition of those
recommendations. The summaries shall not contain any confidential or
identifying information concerning the subjects of the reports and
investigations. The summaries shall also include detailed recommended
administrative actions and matters for consideration by the General Assembly.
(f) (Blank).
(g) (Blank).
(Source: P.A. 102-177, eff. 6-1-22 .)
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105 ILCS 5/34-14
(105 ILCS 5/34-14) (from Ch. 122, par. 34-14)
Sec. 34-14.
Section 34-15 Not limited by Sections 34-6 To 34-13.
Nothing contained in Sections 34-6, 34-7, 34-8, 34-9, 34-10, 34-11, 34-12, or
34-13 of this Act shall in any wise be construed to limit
the scope, effect and applicability of Section 34-15 of this Act.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/34-15
(105 ILCS 5/34-15) (from Ch. 122, par. 34-15)
Sec. 34-15.
Other officers and employees.
The board may appoint, or provide
for the appointment
of, such other officers and employees as it deems necessary.
(Source: P.A. 89-15, eff. 5-30-95.)
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