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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 5/10-22.32
(105 ILCS 5/10-22.32) (from Ch. 122, par. 10-22.32)
Sec. 10-22.32.
To authorize the advancement to school board members
the anticipated actual and necessary expenses incurred
in attending the following
meetings:
1. Meetings sponsored by the State Board of Education or by the
regional superintendents of schools,
2. County or regional meetings and the annual meeting sponsored by
any school board association complying with the provisions of Article 23
of this Act, and
3. Meetings sponsored by a national organization in the field of
public school education.
The school board may advance to teachers and other certified
employees the anticipated actual and necessary expenses
incurred in attending
meetings which are related to that employee's duties and will contribute
to the professional development of that employee.
Such advanced actual and necessary expenses are those
reasonably anticipated to
be incurred on the days necessary for travel to and from and for
attendance at such meetings.
After a meeting for which money was advanced to a school board member
or teacher or other certified employee for actual and necessary expenses, such
member or employee shall submit an itemized verified expense voucher
showing the amount of his actual expenses. Receipts shall be attached
where possible. If the actual and necessary expenses exceed the amount
advanced, the member or employee shall be reimbursed for the amount not
advanced. If the actual and necessary expenses are less than the amount
advanced, the
member or employee shall refund the excess amount.
For purposes of this Section only, a person elected at the consolidated
election held in April of 1999 or April of 2001 to serve as a school board
member for a term commencing upon the termination of his or her predecessor's
term of office shall be deemed to be a school board member for whom moneys of
the school district may be advanced and expended under this Section in order to
provide, or to arrange for a school board association that complies with
Article
23 to provide, to that person, after he or she has been elected and before his
or her term of office as a school board member commences, training in matters
relating to the powers, duties, and responsibilities of school board
membership.
Notwithstanding any other provisions of this Section 10-22.32, no
money for expenses shall be advanced nor shall any member or employee
be reimbursed, for any expenses incurred on behalf of any person other
than such member, employee, or person deemed to be a school board
member for purposes of this Section.
(Source: P.A. 90-637, eff. 7-24-98.)
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105 ILCS 5/10-22.33
(105 ILCS 5/10-22.33) (from Ch. 122, par. 10-22.33)
Sec. 10-22.33.
Interfund loans.
To authorize the treasurer to make interfund
loans from (1) the operations and maintenance fund to the educational fund or
fire prevention and safety fund, or (2) from the educational fund to the
operations and maintenance fund or fire prevention and safety fund, or (3) from
the operations and maintenance or educational fund to the transportation fund,
or (4) from the transportation fund to the operations and maintenance,
educational, or fire prevention and safety fund and to make the necessary
transfers on his books, but such loans shall be repaid and retransferred to the
proper fund within 3 years. In case such repayment is not made within 3 years
the regional superintendent shall withhold further payments on claims
authorized by Article 18 of this Act until repayment is made.
(Source: P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/10-22.33A
(105 ILCS 5/10-22.33A) (from Ch. 122, par. 10-22.33A)
Sec. 10-22.33A.
Summer school.
During that period of the calendar
year not embraced within the regular school term to provide and conduct
courses in subject matters normally embraced in the program of the
schools during the regular school term, to fix and collect a charge for
attendance at such courses in an amount not to exceed the per capita
cost of the operation thereof, except that the board may waive all or
part of such charges if it determines that the family of an individual
pupil is indigent or that the educational needs of the pupil require his
attendance at such courses, and to give regular school credit for
satisfactory completion by the student of such courses as may be
approved for credit by the State Board of Education.
(Source: P.A. 81-1508.)
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105 ILCS 5/10-22.33B
(105 ILCS 5/10-22.33B)
Sec. 10-22.33B. Summer school; required attendance. To conduct a high
quality summer school program for those resident students identified by the
school district as being academically at risk in such critical subject areas as
language arts (reading and writing) and mathematics who will be entering any of
the school district's grades for the next school term and to require attendance
at such program by such students who have not been identified as a person with a disability under
Article 14, but who meet criteria established under this Section. Summer
school programs established under this Section shall be
designed to raise the level of achievement and improve opportunities for
success in subsequent grade levels of those students required to attend. The
parent or guardian of any student required to attend summer school shall be
given written notice from the school district requiring attendance not later
than the close of the school term which immediately precedes the required
summer school program.
(Source: P.A. 99-143, eff. 7-27-15.)
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105 ILCS 5/10-22.34
(105 ILCS 5/10-22.34) (from Ch. 122, par. 10-22.34)
Sec. 10-22.34. Nonlicensed personnel.
(a) School Boards may employ non-teaching personnel or utilize volunteer
personnel for: (1) non-teaching duties not requiring instructional
judgment or evaluation of pupils; and (2) supervising study halls, long
distance teaching reception areas used incident to instructional programs
transmitted by electronic media such as computers, video, and audio,
and detention and discipline areas, and school-sponsored extracurricular
activities.
(b) School boards may further utilize volunteer nonlicensed
personnel or employ nonlicensed personnel to assist in the
instruction of pupils under the immediate supervision of a teacher,
holding a valid license, directly engaged in teaching subject matter
or conducting activities. The teacher shall be continuously aware of the nonlicensed
persons' activities and shall be able to control or
modify them. The State Board of Education, in consultation
with the State Educator Preparation and Licensure Board, shall determine
qualifications of such personnel and shall prescribe rules for
determining the duties and activities to be assigned to such personnel.
In the determination of qualifications of such personnel, the State Board
of Education shall accept coursework earned in a recognized institution
or from an institution of higher learning accredited by the North Central
Association or other comparable regional accrediting association and shall
accept qualifications based on relevant life experiences as determined by the
State Board of Education by rule.
(b-5) A school board may utilize volunteer personnel from a
regional School Crisis Assistance Team (S.C.A.T.), created as part of the
Safe to Learn Program established pursuant to Section 25 of the Illinois
Violence Prevention Act of 1995, to provide assistance to schools in times
of violence or other traumatic incidents within a school community by
providing crisis intervention services to lessen the effects of emotional
trauma on individuals and the community. The School Crisis Assistance
Team Steering Committee shall determine the qualifications for
volunteers.
(c) School boards may also employ students holding a bachelor's degree
from a recognized institution of higher learning as teaching
interns when such students are enrolled in a college or university
internship program, which has prior approval by
the State Board of Education,
in consultation with the State Educator Preparation and Licensure
Board, leading to a masters degree.
Regional offices of education have the authority to initiate and
collaborate with institutions of higher learning to establish internship
programs referenced in this subsection (c). The State Board of Education
has 90 days from receiving a written proposal to establish the internship
program to seek the State Educator Preparation and Licensure Board's consultation on
the internship program. If the State Board of Education does not consult
the State Educator Preparation and Licensure Board within 90 days, the regional office
of education may seek the State Educator Preparation and Licensure Board's
consultation without the State Board of Education's approval.
(d) Nothing in this Section shall require constant supervision of a
student teacher enrolled in a student teaching course at a college or
university, provided such activity has the prior approval of the
representative of the higher education institution and teaching plans
have previously been discussed with and approved by the supervising
teacher and further provided that such teaching is within guidelines
established by the State Board of Education in consultation
with the State Educator Preparation and Licensure Board.
(Source: P.A. 102-894, eff. 5-20-22.)
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105 ILCS 5/10-22.34a
(105 ILCS 5/10-22.34a) (from Ch. 122, par. 10-22.34a)
Sec. 10-22.34a. Supervision of non-academic activities. To designate nonlicensed persons of good character to serve as
supervisors, chaperones or sponsors, either on a voluntary or on a
compensated basis, for school activities not connected with the academic
program of the schools.
(Source: P.A. 102-894, eff. 5-20-22.)
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105 ILCS 5/10-22.34b
(105 ILCS 5/10-22.34b) (from Ch. 122, par. 10-22.34b)
Sec. 10-22.34b. Utilization of nonlicensed personnel. To utilize nonlicensed persons, under the direction of a licensed
teacher, for providing specialized instruction related to a
course assigned to the licensed teacher on a regular basis, not
otherwise readily available in the immediate school environment, in the
fields for which they are particularly qualified by reason of their
specialized knowledge or skills. The duration of the instruction shall
be determined by the licensed teacher under whose direction the
program is conducted in view of the educational need to be satisfied.
Before a nonlicensed person may be utilized for such specialized
instruction, the school board must secure the written approval of the regional
superintendent of schools as to the qualifications of the
particular nonlicensed person, the particular instruction he or she is to
provide, the specific functions to be served, the total number of hours
he or she is to provide such instruction and any compensation to be paid that
person. The State Board of Education
shall prescribe, by
rule, criteria for determining qualifications of such persons and the
nature of specialized instruction for which, and the extent to which,
such persons may be used.
Nothing in this Section shall prevent the utilization of a person
with specialized knowledge or experiences as a guest lecturer or
resource person in the classroom under the direct supervision of a licensed
teacher assigned to the classroom on a regular basis, with
prior approval of the school administration.
(Source: P.A. 102-894, eff. 5-20-22.)
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105 ILCS 5/10-22.34c
(105 ILCS 5/10-22.34c)
Sec. 10-22.34c. Third party non-instructional services. (a) A
board of education may enter into a contract with a third party for
non-instructional services currently performed by any employee or bargaining
unit member or lay off those educational support personnel employees
upon 90 days
written notice to
the affected employees, provided that: (1) a contract must not be entered into and become | | effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;
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| (2) a contract may only take effect upon the
| | expiration of an existing collective bargaining agreement;
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| (3) any third party that submits a bid to perform
| | the non-instructional services shall provide the following:
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| (A) evidence of liability insurance in scope and
| | amount equivalent to the liability insurance provided by the school board pursuant to Section 10-22.3 of this Code;
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| (B) a benefits package for the third party's
| | employees who will perform the non-instructional services comparable to the benefits package provided to school board employees who perform those services;
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| (C) a list of the number of employees who will
| | provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;
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| (D) a minimum 3-year cost projection, using
| | generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the school board, for each and every expenditure category and account for performing the non-instructional services;
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| (E) composite information about the criminal and
| | disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the school board; and
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| (F) an affidavit, notarized by the president or
| | chief executive officer of the third party, that each of its employees has completed a criminal background check as required by Section 10-21.9 of this Code within 3 months prior to submission of the bid, provided that the results of such background checks need not be provided with the submission of the bid, but must be made available upon request of the school board;
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| (4) a contract must not be entered into unless the
| | school board provides a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the school board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that is projected a third party would incur if a third party performed the non-instructional services;
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| (5) review and consideration of all bids by third
| | parties to perform the non-instructional services shall take place in open session of a regularly scheduled school board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled school board meeting;
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| (6) a minimum of one public hearing, conducted by
| | the school board prior to a regularly scheduled school board meeting, to discuss the school board's proposal to contract with a third party to perform the non-instructional services must be held before the school board may enter into such a contract; the school board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;
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| (7) a contract shall contain provisions requiring
| | the contractor to offer available employee positions pursuant to the contract to qualified school district employees whose employment is terminated because of the contract; and
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| (8) a contract shall contain provisions requiring
| | the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.
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(b) Notwithstanding subsection (a) of this Section, a board of education may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the school district's students or staff, provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act.
(c) The changes to this Section made by this amendatory Act of the 95th General Assembly are not applicable to non-instructional services of a school district that on the effective date of this amendatory Act of the 95th General Assembly are performed for the school district by a third party.
(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
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105 ILCS 5/10-22.35
(105 ILCS 5/10-22.35) (from Ch. 122, par. 10-22.35)
Sec. 10-22.35. Civil defense shelters. A school board shall make school buildings available for use as civil defense shelters for
all persons; cooperate with the Illinois Emergency Management Agency, local
organizations for civil defense, disaster relief organizations, including the
American Red Cross, and federal agencies concerned with civil
defense relative thereto, including, but not limited to, making space
available for the stocking of shelters with food and other provisions;
cooperate with such agencies and organizations in the use of other
resources, equipment, and facilities; and cooperate with such agencies
and organizations in the construction of new buildings to the end that the
buildings be so designed that shelter facilities may be provided.
(Source: P.A. 96-57, eff. 7-23-09.)
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105 ILCS 5/10-22.35A
(105 ILCS 5/10-22.35A) (from Ch. 122, par. 10-22.35A)
Sec. 10-22.35A.
School sites and office facilities.
To buy sites for buildings for school purposes
with necessary ground, including sites purchased under Section
10-22.31b, or to buy sites and facilities for school offices.
The purchase of such sites or office facilities may be by contract for
deed when the board deems such contract advantageous to the district,
but any such contract or any transaction arising out of such contract
may not exceed 10 years in length, and interest on the unpaid balance of
such contract may at no time exceed 6% per annum.
To take and purchase the site for a building for school purposes
either with or without the owner's consent by condemnation or otherwise.
To pay the amount of any award made by a jury in a condemnation
proceeding. To select and purchase all such sites and office facilities
desired without the submission of the question at any referendum, and to
enter into an option to purchase with respect to any such site or sites
and facilities for school offices.
(Source: P.A. 80-1044.)
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