105 ILCS 5/ School Code.

(105 ILCS 5/34-18.69)

Sec. 34-18.69. Moratorium on school closings, consolidations, and phase-outs. The Board shall not approve any school closings, consolidations, or phase-outs until the Board of Education is seated on January 15, 2025.

(Source: P.A. 102-177, eff. 12-17-21 (See Section 15 of P.A. 102-691 for the effective date of P.A. 102-177).)

(105 ILCS 5/34-18.70)

Sec. 34-18.70. Independent financial review. The Chicago Board of Education shall commission an independent review and report of the district's finances and entanglements with the City of Chicago. No later than October 31, 2022, the report shall be provided to the Governor, the State Board of Education, the General Assembly, the Mayor of the City of Chicago, and the Chicago Board of Education. No later than July 1, 2023, the State Board of Education shall review the independent review and report and make recommendations to the legislature on the Chicago Board of Education's ability to operate with the financial resources available to it as an independent unit of local government.

(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21.)

(105 ILCS 5/34-18.71)

Sec. 34-18.71. Parent-teacher conference and other meetings; caseworker. For any student who is in the legal custody of the Department of Children and Family Services, the liaison appointed under Section 34-18.52 must inform the Department's Office of Education and Transition Services of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the student's caseworker to attend the conference or meeting.

(Source: P.A. 102-199, eff. 7-1-22; 102-813, eff. 5-13-22.)

(105 ILCS 5/34-18.72)

Sec. 34-18.72. Website accessibility guidelines.

(a) As used in this Section, "Internet website or web service" means any third party online curriculum that is made available to enrolled students or the public by the school district through the Internet.

(b) To ensure that the content available on an Internet website or web service of the school district is readily accessible to persons with disabilities, the school district must require that the Internet website or web service comply with Level AA of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.1 or any revised version of those guidelines.

(Source: P.A. 102-238, eff. 8-1-22; 102-813, eff. 5-13-22.)

(105 ILCS 5/34-18.73)

Sec. 34-18.73. Parental notification of student discipline.

(a) In this Section, "misconduct" means an incident that involves offensive touching, a physical altercation, or the use of violence.

(b) If a student commits an act or acts of misconduct involving offensive touching, a physical altercation, or the use of violence, the student's school shall provide written notification of that misconduct to the parent or guardian of the student.

(c) If a student makes a written statement to a school employee relating to an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, the school shall provide the written statement to the student's parent or guardian, upon request and in accordance with federal and State laws and rules governing school student records.

(d) If the parent or guardian of a student involved in an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, requests a synopsis of any statement made by the parent's or guardian's child, the school shall provide any existing records responsive to that request, in accordance with federal and State laws and rules governing school student records.

(e) A school shall make reasonable attempts to provide a copy of any disciplinary report resulting from an investigation into a student's act or acts of misconduct to the parent or guardian of the student receiving disciplinary action, including any and all restorative justice measures, within 2 school days after the completion of the report. The disciplinary report shall include all of the following:

(1) A description of the student's act or acts of misconduct that resulted in disciplinary action. The names and any identifying information of any other student or students involved must be redacted from or not included in the report, in accordance with federal and State student privacy laws and rules.

(2) A description of the disciplinary action, if any, imposed on the parent's or guardian's child, including the duration of the disciplinary action.

(3) The school's justification and rationale for the disciplinary action imposed on the parent's or guardian's child, including reference to the applicable student discipline policies, procedures, or guidelines.

(4) A description of the restorative justice measures, if any, used on the parent's or guardian's child.

(Source: P.A. 102-251, eff. 8-6-21; 102-813, eff. 5-13-22.)

(105 ILCS 5/34-18.74)

Sec. 34-18.74. School support personnel reporting. No later than December 1, 2022 and each December 1st annually thereafter, the school district must report to the State Board of Education the information with regard to the school district as of October 1st of each year beginning in 2022 as described in subsection (b) of Section 2-3.182 of this Code and must make that information available on its website.

(Source: P.A. 102-302, eff. 1-1-22; 102-813, eff. 5-13-22.)

(105 ILCS 5/34-18.75)

Sec. 34-18.75. Identification cards; suicide prevention information. If the school district issues an identification card to pupils in any of grades 6 through 12, the district shall provide contact information for the National Suicide Prevention Lifeline (988), the Crisis Text Line, and the Safe2Help Illinois helpline on the identification card. The contact information shall identify each helpline that may be contacted through text messaging. The contact information shall be included in the school's student handbook and also the student planner if a student planner is custom printed by the school for distribution to pupils in any of grades 6 through 12.

(Source: P.A. 102-416, eff. 7-1-22; 102-813, eff. 5-13-22; 103-143, eff. 7-1-23.)

(105 ILCS 5/34-18.76)

Sec. 34-18.76. Student absence; pregnancy. The board shall adopt written policies related to absences and missed homework or classwork assignments as a result of or related to a student's pregnancy.

(Source: P.A. 102-471, eff. 8-20-21; 102-813, eff. 5-13-22.)

(105 ILCS 5/34-18.78)

Sec. 34-18.78. COVID-19 paid administrative leave.

(a) In this Section:

"Employee" means a person employed by the school district on or after April 5, 2022 (the effective date of Public Act 102-697).

"Fully vaccinated against COVID-19" means:

(1) 2 weeks after receiving the second dose in a 2-dose series of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the United States Food and Drug Administration; or

(2) 2 weeks after receiving a single dose of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the United States Food and Drug Administration.

"Fully vaccinated against COVID-19" also includes any recommended booster doses for which the individual is eligible upon the adoption by the Department of Public Health of any changes made by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services to the definition of "fully vaccinated against COVID-19" to include any such booster doses. For purposes of this Section, individuals who are eligible for a booster dose but have not received a booster dose by 5 weeks after the Department of Public Health adopts a revised definition of "fully vaccinated against COVID-19" are not considered fully vaccinated for determining eligibility for future paid administrative leave pursuant to this Section.

"School district" includes charter schools established under Article 27A of this Code.

(b) During any time when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and the school district, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the school district from being on school district property because the employee (i) has a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19, (ii) has a probable COVID-19 diagnosis via an antigen diagnostic test, (iii) has been in close contact with a person who had a confirmed case of COVID-19 and is required to be excluded from the school, or (iv) is required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms, the employee of the school district shall receive as many days of administrative leave as required to abide by the public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative. Such leave shall be provided to an employee for any days for which the employee was required to be excluded from school property prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives all doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697).

(c) An employee of the school district shall receive paid administrative leave pursuant to subsection (b) of this Section, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test;

(3) been in close contact with a person who has a confirmed case of COVID-19 and is required to be excluded from school; or

(4) been required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms.

Such leave shall be provided to an employee for any days needed to care for a child of the employee prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives the doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697).

(d) An employee of the school district who is on paid administrative leave pursuant to this Section must provide all documentation requested by the board.

(e) An employee of the school district who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section may not diminish any other leave or benefits of the employee.

(f) An employee of the school district may not accrue paid administrative leave pursuant to this Section.

(g) For an employee of the school district to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received all required doses to be fully vaccinated against COVID-19, as defined in this Section; and

(2) participate in the COVID-19 testing program adopted by the school district to the extent such a testing program requires participation by individuals who are fully vaccinated against COVID-19.

(h) Nothing in this Section is intended to affect any right or remedy under federal law.

(i) No paid administrative leave awarded to or used by a fully vaccinated employee prior to the Department of Public Health's adoption of a revised definition of the term "fully vaccinated against COVID-19" may be rescinded on the basis that the employee no longer meets the definition of "fully vaccinated against COVID-19" based on the revised definition.

(Source: P.A. 102-697, eff. 4-5-22; 103-154, eff. 6-30-23.)

(105 ILCS 5/34-18.79)

Sec. 34-18.79. Sick leave; mental or behavioral health complications. In addition to any interpretation or definition included in a collective bargaining agreement or board of education or district policy, sick leave, or its equivalent, to which a teacher or other eligible employee is entitled shall be interpreted to include mental or behavioral health complications. Unless contrary to a collective bargaining agreement or board of education or district policy, the board may require a certificate from a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee as a basis for pay during leave after an absence of 3 days for mental or behavioral health complications.

(Source: P.A. 102-866, eff. 5-13-22; 103-154, eff. 6-30-23.)

(105 ILCS 5/34-18.80)

Sec. 34-18.80. College and career readiness systems.

(a) Subject to subsection (c) of this Section, by July 1, 2024, the school district shall adopt and commence implementation of a postsecondary and career expectations framework for each of grades 6 through 12 that substantially aligns to the model framework adopted by State agencies pursuant to Section 15 of the Postsecondary and Workforce Readiness Act. The local postsecondary and career expectations framework shall be available on a prominent location on the school district's website.

The career exploration and career development activities offered in alignment with the postsecondary and career expectations framework shall prepare students enrolled in grades 6 through 12 to make informed plans and decisions about their future education and career goals, including possible participation in a career and technical education pathway, by providing students with opportunities to explore a wide variety of high-skill, high-wage, and in-demand career fields.

(b) Subject to subsection (c) of this Section, the school district shall become an eligible school district and award College and Career Pathway Endorsements pursuant to the Postsecondary and Workforce Readiness Act and pursuant to the following schedule:

(1) for the high school graduating class of 2026, the school district shall offer College and Career Pathway Endorsements in at least one endorsement area;

(2) for the high school graduating class of 2028, the school district shall offer College and Career Pathway Endorsements in at least 2 endorsement areas; and

(3) for the high school graduating class of 2030, the school district shall offer College and Career Pathway Endorsements in at least 3 endorsement areas.

(c) The board may, by action of the board, opt out of implementation of all or any part of this Section through adoption of a set of findings that considers the following:

(1) the school district's current systems for college and career readiness;

(2) the school district's cost of implementation balanced against the potential benefits to students and families through improved postsecondary education and career outcomes;

(3) the willingness and capacity of local businesses to partner with the school district for successful implementation of pathways other than education;

(4) the availability of a statewide database of participating local business partners, as provided under the Postsecondary and Workforce Readiness Act, for the purpose of career readiness and the accessibility of those work experiences and apprenticeships listed in the database to the students of the school district; and

(5) the availability of properly licensed teachers or teachers meeting faculty credential standards for dual credit courses to instruct in the program required for the endorsement areas.

The school district must report its board findings and decision on implementation to the State Board of Education. If the school district elects to opt out of implementation, the district may reverse its decision in whole or in part at any time.

(d) The State Board of Education may adopt any rules necessary to implement this Section.

(Source: P.A. 102-917, eff. 1-1-23; 103-154, eff. 6-30-23.)

(105 ILCS 5/34-18.81)

Sec. 34-18.81. Pilot program for remote learning for students in the custody of the Department of Corrections. The board may offer the option of remote learning to allow a student who is in the custody of the Department of Corrections to successfully complete the course requirements necessary to graduate from high school and receive a high school diploma. The school district may offer a remote learning option to a student if the student:

(1) is enrolled at Consuella B. York Alternative High School at the time the student is transferred to a Department of Corrections facility or institution or had been enrolled at Consuella B. York Alternative High School within the 6 months prior to being transferred to a Department of Corrections facility or institution; and

(2) is within 2 school years of completing all of the course requirements necessary to graduate from high school and receive a high school diploma.

The Department of Corrections educators and security staff shall be involved in assisting and supervising students participating in the pilot program. The Department of Corrections shall negotiate with all bargaining units involved to ensure that the implementation of the pilot program is consistent with collective bargaining agreements.

The school district may continue to offer the option of remote learning to the student for up to one school year following the student's release from the custody of the Department of Corrections to allow the student to complete any remaining course requirements necessary to graduate from high school and receive a high school diploma.

The establishment of the pilot program described in this Section is contingent upon there being provided to the Department of Corrections sufficient appropriations to implement and administer the program.

(Source: P.A. 102-966, eff. 5-27-22; 103-154, eff. 6-30-23.)

(105 ILCS 5/34-18.82)

(Text of Section from P.A. 103-128)

Sec. 34-18.82. Trauma kit; trauma response training.

(a) In this Section, "trauma kit" means a first aid response kit that contains, at a minimum, all of the following:

(1) One tourniquet endorsed by the Committee on Tactical Combat Casualty Care.

(2) One compression bandage.

(3) One hemostatic bleeding control dressing endorsed by the Committee on Tactical Combat Casualty Care.

(4) Protective gloves and a marker.

(5) Scissors.

(6) Instructional documents developed by the Stop the Bleed national awareness campaign of the United States Department of Homeland Security or the American College of Surgeons' Committee on Trauma, or both.

(7) Any other medical materials or equipment similar to those described in paragraphs (1) through (3) or any other items that (i) are approved by a local law enforcement agency or first responders, (ii) can adequately treat a traumatic injury, and (iii) can be stored in a readily available kit.

(b) The school district may maintain an on-site trauma kit at each school for bleeding emergencies.

(c) Products purchased for the trauma kit, including those products endorsed by the Committee on Tactical Combat Casualty Care, shall, whenever possible, be manufactured in the United States.

(d) At least once every 2 years, the board shall conduct in-service training for all school district employees on the methods to respond to trauma. The training must include instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. The board may satisfy the training requirements under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization.

School district employees who are trained to respond to trauma pursuant to this subsection (d) shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct.

(Source: P.A. 103-128, eff. 6-30-23.)

(Text of Section from P.A. 103-157)

Sec. 34-18.82. Subsequent teaching endorsements for employees.

(a) Subsequent teaching endorsements may be granted to employees licensed under Article 21B of this Code for specific content areas and grade levels as part of a pilot program.

(b) The school district is authorized to prepare educators for subsequent teaching endorsements on licenses issued under paragraph (1) of Section 21B-20 of this Code to applicants who meet all of the requirements for the endorsement or endorsements, including passing any required content area knowledge tests. If seeking to provide subsequent endorsements, the school district must establish professional development sequences to be offered instead of coursework required for issuance of the subsequent endorsement and must apply for approval of these professional development sequences by the State Board of Education, in collaboration with the State Educator Preparation and Licensure Board. The professional development sequences under this Section shall include a comprehensive review of relevant State learning standards, the applicable State content-test framework, and, if applicable, relevant educator preparation standards.

(c) The State Board of Education shall adopt any rules necessary to implement this Section no later than June 30, 2024.

(Source: P.A. 103-157, eff. 6-30-23.)

(Text of Section from P.A. 103-393)

Sec. 34-18.82. Community input on local assessments.

(a) As used in this Section, "district-administered assessment" means an assessment that requires all student test takers at any grade level to answer the same questions, or a selection of questions from a common bank of questions, in the same manner or substantially the same questions in the same manner. The term does not include an observational assessment tool used to satisfy the requirements of Section 2-3.64a-10 of this Code or an assessment developed by district teachers or administrators that will be used to measure student progress at an attendance center within the school district.

(b) Prior to approving a new contract for any district-administered assessment, the board must hold a public vote at a regular meeting of the board, at which the terms of the proposal must be substantially presented and an opportunity for allowing public comments must be provided, subject to applicable notice requirements. However, if the assessment being made available to review is subject to copyright, trademark, or other intellectual property protection, the review process shall include technical and procedural safeguards to ensure that the materials are not able to be widely disseminated to the general public in violation of the intellectual property rights of the publisher and to ensure content validity is not undermined.

(Source: P.A. 103-393, eff. 7-1-24.)

(105 ILCS 5/34-18.85)

Sec. 34-18.85. Chicago Board of Education Black Student Achievement Committee.

(a) The Chicago Board of Education Black Student Achievement Committee is created to be a standing committee of the Board with the purpose of providing Black students with the maximum opportunity for success in areas where research shows that there has been chronic underperformance of African American students during their elementary and secondary education experience.

(b) The Chicago Board of Education Black Student Achievement Committee shall be chaired by a member of the Board and shall be composed of individuals appointed by the President of the Board to help the Board shape educational policies and to:

(1) develop strategies and recommendations for Black student achievement and opportunity;

(2) use data to conduct an evidence-based needs assessment to better understand needs and establish a baseline for Black student achievement;

(3) develop a strategic management plan to identify goals, objectives, and outcomes designed to bring about academic parity between Black children and their peers;

(4) identify and track metrics and key performance indicators that demonstrate positive movement toward achieving the goals and objectives outlined in the strategic management plan; and

(5) prepare and provide regular progress reports to the Board and the public.

(c) The Committee's membership shall be diverse in terms of skills and geography.

(Source: P.A. 103-584, eff. 3-18-24.)

(105 ILCS 5/34-18.86)

Sec. 34-18.86. Committees and advisory boards concerning disparities and individualized needs. The Board may establish committees or advisory boards to seek guidance on addressing disparities or individualized needs.

(Source: P.A. 103-584, eff. 3-18-24.)

(105 ILCS 5/34-19) (from Ch. 122, par. 34-19)

Sec. 34-19. By-laws, rules and regulations; business transacted at regular meetings; voting; records. The board shall, subject to the limitations in this Article, establish by-laws, rules and regulations, which shall have the force of ordinances, for the proper maintenance of a uniform system of discipline for both employees and pupils, and for the entire management of the schools, and may fix the school age of pupils, the minimum of which in kindergartens shall not be under 4 years, except that, based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain the age of 6 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter may attend first grade upon commencement of such term, and in grade schools shall not be under 6 years. It may expel, suspend or, subject to the limitations of all policies established or adopted under Section 10-22.6 or 14-8.05, otherwise discipline any pupil found guilty of gross disobedience, misconduct, or other violation of the by-laws, rules, and regulations, including gross disobedience or misconduct perpetuated by electronic means. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. The bylaws, rules and regulations of the board shall be enacted, money shall be appropriated or expended, salaries shall be fixed or changed, and textbooks, electronic textbooks, and courses of instruction shall be adopted or changed only at the regular meetings of the board and by a vote of a majority of the full membership of the board; provided that notwithstanding any other provision of this Article or the School Code, neither the board or any local school council may purchase any textbook for use in any public school of the district from any textbook publisher that fails to furnish any computer diskettes as required under Section 28-21. Funds appropriated for textbook purchases must be available for electronic textbook purchases and the technological equipment necessary to gain access to and use electronic textbooks at the local school council's discretion. The board shall be further encouraged to provide opportunities for public hearing and testimony before the adoption of bylaws, rules and regulations. Upon all propositions requiring for their adoption at least a majority of all the members of the board the yeas and nays shall be taken and reported. The by-laws, rules and regulations of the board shall not be repealed, amended or added to, except by a vote of 2/3 of the full membership of the board. The board shall keep a record of all its proceedings. Such records and all by-laws, rules and regulations, or parts thereof, may be proved by a copy thereof certified to be such by the secretary of the board, but if they are printed in book or pamphlet form which are purported to be published by authority of the board they need not be otherwise published and the book or pamphlet shall be received as evidence, without further proof, of the records, by-laws, rules and regulations, or any part thereof, as of the dates thereof as shown in such book or pamphlet, in all courts and places where judicial proceedings are had.

Notwithstanding any other provision in this Article or in the School Code, the board may delegate to the general superintendent or to the attorney the authorities granted to the board in the School Code, provided such delegation and appropriate oversight procedures are made pursuant to board by-laws, rules and regulations, adopted as herein provided, except that the board may not delegate its authorities and responsibilities regarding (1) budget approval obligations; (2) rule-making functions; (3) desegregation obligations; (4) real estate acquisition, sale or lease in excess of 10 years as provided in Section 34-21; (5) the levy of taxes; or (6) any mandates imposed upon the board by "An Act in relation to school reform in cities over 500,000, amending Acts herein named", approved December 12, 1988 (P.A. 85-1418).

(Source: P.A. 99-456, eff. 9-15-16.)

(105 ILCS 5/34-19.1) (from Ch. 122, par. 34-19.1)

Sec. 34-19.1. Comment at meetings. At each regular and special meeting which is open to the public, members of the public and employees of the district shall be afforded time, subject to reasonable constraints, to comment to or ask questions of the board.

(Source: P.A. 84-1308.)

(105 ILCS 5/34-19.2) (from Ch. 122, par. 34-19.2)

Sec. 34-19.2. Mailing list. To establish and maintain a mailing list of the names and addresses of persons who each year request inclusion thereon, and to mail to those persons copies of board agenda, school budgets, audits, and within 10 days of each board meeting, a copy of the approved meeting minutes. Annual subscription fees approximating the costs of reproducing and mailing the materials may be charged to the subscribers at the beginning of the subscription period.

(Source: P.A. 83-1362.)

(105 ILCS 5/34-20) (from Ch. 122, par. 34-20)

Sec. 34-20. Acquisition of real estate-Condemnation proceedings-Title-Conveyances.

The board may acquire by purchase, condemnation or otherwise, real estate for any school purposes. Condemnation proceedings shall be conducted in the name of the city, in trust for the use of schools. The title to all real estate held for the use and benefit of the schools shall be held in the name of the city, in trust for the use of schools. All conveyances of real estate shall be made to the city in trust for the use of schools.

(Source: Laws 1961, p. 31.)

(105 ILCS 5/34-20.1) (from Ch. 122, par. 34-20.1)

Sec. 34-20.1. Limitation on use for school purposes. Notwithstanding any other provisions of this Article or this Act, no building or other structure owned by the Board of Education, or by the City as trustee for the use and benefit of the schools, which the Chicago Park District has occupied, and which at any time prior to such occupancy by the Chicago Park District was used as a public school house or other public school building of any attendance center within the school district, shall at any time be again used by the Board as a public school house or other public school building. However, the Board of Education shall have the authority to make and enter into a lease or other agreement with the Chicago Park District providing for their joint use of a public school house or other public school building of any attendance center if such facility contains more than 10 classrooms. For purposes of this Section, "joint use" shall include but not be limited to shared use by the Board and the Chicago Park District during daytime hours.

(Source: P.A. 85-1146.)

(105 ILCS 5/34-21) (from Ch. 122, par. 34-21)

Sec. 34-21. Rentals and leases - Sale of real estate - Engagement of real estate broker - Indirect and participating ownership interest - Conveyance, payment and disclosure.

(a) The board may:

(1) enter into leases as lessee of buildings, rooms and grounds for the use of schools or for the purpose of school administration; or

(2) enter into leases as lessor of property held by a city in trust for the use and benefit of schools for a term of not longer than 99 years from the date of the granting of the lease, but it shall not make or renew any lease for a term longer than 10 years nor alter the provisions of any lease whose unexpired term may exceed 10 years without the vote of 2/3 of the full membership of the board. The board may, in the case of such a lease, receive consideration in whole or in part in the form of an ownership interest in the entity leasing the property from the board, or in its assignee, or a participating interest in the revenues, profits or gains from the development, use, sublease or assignment of such property or interest therein; provided, however, that the board shall not make any further contribution to the capital of such entity. Furthermore, there shall be no diminution thereafter in the value of the board's interest in the entity or participating interest as a result of any subsequent capital contributions by any entity or other capital changes.

(b) The board may sell real estate, or interest therein, held by a city in trust for the use and benefit of the schools subject to the provisions of this Section and approval by the board ordered by a vote of not less than 2/3 of its full membership, if the board determines (i) that such real estate has become unnecessary, unsuitable or inconvenient for the use of schools or for the purpose of school administration, (ii) that such real estate has become inappropriate or unprofitable for the purpose of deriving revenue to support the board's authorized purposes, or (iii) that, in the reasonable judgment of the board, a sale would constitute the best available use or disposition of such real estate for the purpose of deriving revenue to support the board's authorized purposes.

(1) Any sale of such real estate having a fair market value of $25,000 or more shall be made in accordance with the following procedures:

(A) Notice of intended sale shall be published once each week for 3 consecutive weeks in a daily or weekly newspaper published in the city.

(B) The first such notice shall be published not less than 30 days before the day provided for the opening of bids with respect to the intended sale.

(C) The notice shall contain pertinent information on the real estate available for sale, including the location of the real estate, a description of the property, the purpose for which it is used, any other terms for the sale of the real estate as determined by the board, and the dates on which bids will be opened, and on which bids will be considered, and the notice shall advertise for bids for such real estate. The notice may contain a minimum sale price.

(D) The board may:

(i) accept the highest responsible bid determined to be in the best interest of the board; or

(ii) reject any and all bids; or

(iii) if there is more than one responsible bid, negotiate separately with the 2 highest and best among such responsible bids and, upon tentative agreement with one or both bidders, one or both of such bids may be submitted to the board for acceptance of one or rejection of both. Such negotiations may not result in a diminution of the terms of the sale of the real estate and must result in an agreement which is, in the reasonable judgment of the board, equal to or higher in value than the highest responsible bid.

The board may receive consideration for the sale of such real estate, in whole or in part, in the form of an ownership interest in the entity acquiring title to the property by such sale, or in its assignee, or a participating interest in the revenues, profits or gains from the development, use, sale, lease or assignment of such property or interest therein; provided, however, that the board shall not make any further contribution to the capital of such entity. The present value of the ownership or participating interest to be received by the board shall, in the reasonable judgement of the board, be at least as great as the value of the highest responsible cash bid for such property or the agreed cash price and terms of sale negotiated pursuant to this subsection, if any, whichever is higher. Furthermore, there shall be no diminution thereafter in the value of the board's interest in the entity or its participating interest in the property as a result of any subsequent capital contributions by any entity or other capital changes.

(2) Any sale of such real estate having a fair market value of less than $25,000 may be negotiated and shall not require notice or competitive bids.

(3) Any sale of such real estate having a fair market value of more than $25,000 which has been continuously leased by the same entity and used as a school attendance center for at least 10 years may be negotiated and shall not require notice or competitive bids.

(c) The board may engage the services of a licensed real estate broker at a fair and reasonable commission in any case involving the sale or lease of real estate when by resolution the board determines such services to be in the best interest of the board; provided, however, that the commission to be paid may not exceed in the case of sale 7% of the sale price, and in the case of lease 7% of the first year's rent and 2% of the base rent of each lease year thereafter not to exceed 4 years. The above stated maximum ceilings on commissions may be raised by not less than a 3/4 vote of the board's full membership. Payment of the commission shall be contingent upon conveyance in accordance with the provisions of this Section and within a reasonable period of time thereafter as determined by the board at the time of the engagement of the real estate broker.

(d) (1) Conveyance of real estate held in trust by the city for the use and benefit of schools shall be by action of the city council in its capacity as trustee upon notice by the board pursuant to resolution that a sale of real estate, or interest therein, has been made in accordance with the provisions of this Section.

(2) Payment in consideration of a transfer of real estate, or interest therein, may be accepted by the board in cash, a combination of cash and securities or in another form described in subsections (a) or (b) of this Section. In any case where an instrument is accepted as part payment, the debt shall be adequately secured by mortgage, trust deed, or if by contract by retention of title, on the property transferred and any such security interest shall not be released until the debt is fully paid. Payments made after the date of sale shall include interest on the outstanding balance computed from the date of sale to the date of payment at rates to be determined by the board.

(3) The board may not consummate any transaction involving the transfer of real estate, or interest therein, provided for in this Section in which there may be an undisclosed principal. Any conveyance of title or other interest in real estate in violation hereof shall be void and any consideration received by the board prior to the discovery of such violation shall be retained as liquidated damages.

(Source: P.A. 87-1168.)

(105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)

Sec. 34-21.1. Additional powers. In addition to other powers and authority now possessed by it, the board shall have power:

(1) To lease from any public building commission created pursuant to the provisions of the Public Building Commission Act, approved July 5, 1955, as heretofore or hereafter amended or from any individuals, partnerships or corporations, any real or personal property for the purpose of securing space for its school purposes or office or other space for its administrative functions for a period of time not exceeding 40 years.

(2) To pay for the use of this leased property in accordance with the terms of the lease and with the provisions of the Public Building Commission Act, approved July 5, 1955, as heretofore or hereafter amended.

(3) Such lease may be entered into without making a previous appropriation for the expense thereby incurred; provided, however, that if the board undertakes to pay all or any part of the costs of operating and maintaining the property of a public building commission as authorized in subparagraph (4) of this Section, such expenses of operation and maintenance shall be included in the annual budget of such board annually during the term of such undertaking.

(4) In addition, the board may undertake, either in the lease with a public building commission or by separate agreement or contract with a public building commission, to pay all or any part of the costs of maintaining and operating the property of a public building commission for any period of time not exceeding 40 years.

(5) To enter into agreements, including lease and lease purchase agreements having a term not longer than 40 years from the date on which such agreements are entered into, with private sector individuals, partnerships, or corporations for the construction of school buildings, school administrative offices, site development, and school support facilities. The board shall maintain exclusive possession of all schools, school administrative offices, and school facilities which it is occupying or acquiring pursuant to any such lease or lease purchase agreement, and in addition shall have and exercise complete control over the education program conducted at such schools, offices and facilities. The board's contribution under any such agreement shall be limited to the use of the real estate and existing improvements on a rental basis which shall be exempt from any form of leasehold tax or assessment, but the interests of the board may be subordinated to the interests of a mortgage holder or holders acquired as security for additional improvements made on the property.

(6) To make payments on a lease or lease purchase agreement entered into pursuant to subparagraph (5) of this Section with an individual, partnership, or a corporation for school buildings, school administrative offices, and school support facilities constructed by such individual, partnership, or corporation.

(7) To purchase the interests of an individual, partnership, or corporation pursuant to any lease or lease purchase agreement entered into by the board pursuant to subparagraph (5) of this Section, and to assume or retire any outstanding debt or obligation relating to such lease or lease purchase agreement for any school building, school administrative office, or school support facility.

(8) Subject to the provisions of subparagraph (9) of this Section, to enter into agreements, including lease and lease purchase agreements, having a term not longer than 40 years from the date on which such agreements are entered into for the provision of school buildings and related property and facilities for an agricultural science school. The enrollment in such school shall be limited to 720 students, and no less than 50% of the total number of enrollment positions in each incoming class must be reserved for students who live within proximity to the school. "Proximity to the school" means all areas within the existing city limits of Chicago located south of 87th Street (8700 South) and west of Wood Street (1800 West). In addition to the other authorizations in this paragraph (8), a maximum of 80 additional students may be enrolled in the agricultural science school's significantly modified curriculum for diverse learners, commonly known as the special education cluster program. Under such agreements the board shall have exclusive possession of all such school buildings and related property and facilities which it is occupying or acquiring pursuant to any such agreements, and in addition shall have and exercise complete control over the educational program conducted at such school. Under such agreements the board also may lease to another party to such agreement real estate and existing improvements which are appropriate and available for use as part of the necessary school buildings and related property and facilities for an agricultural science school. Any interest created by such a lease shall be exempt from any form of leasehold tax or assessment, and the interests of the board as owner or lessor of property covered by such a lease may be subordinated to the interests of a mortgage holder or holders acquired as security for additional improvements made on the property. In addition, but subject to the provisions of subparagraph (9) of this Section, the board is authorized: (i) to pay for the use of school buildings and related property and facilities for an agricultural science school as provided for in an agreement entered into pursuant to this subparagraph (8) and to enter into any such agreement without making a previous appropriation for the expense thereby incurred; and (ii) to enter into agreements to purchase any ownership interests in any school buildings and related property and facilities subject to any agreement entered into by the board pursuant to this subparagraph (8) and to assume or retire any outstanding debt or obligation relating to such school buildings and related property and facilities.

(9) Notwithstanding the provisions of subparagraph (8) of this Section or any other law, the board shall not at any time on or after the effective date of this amendatory Act of 1991 enter into any new lease or lease purchase agreement, or amend or modify any existing lease, lease purchase or other agreement entered into pursuant to subparagraph (8), covering all or any part of the property or facilities, consisting of 78.85 acres more or less, heretofore purchased or otherwise acquired by the board for an agricultural science school; nor shall the board enter into any agreement on or after the effective date of this amendatory Act of 1991 to sell, lease, transfer or otherwise convey all or any part of the property so purchased or acquired, nor any of the school buildings or related facilities thereon, but the same shall be held, used, occupied and maintained by the board solely for the purpose of conducting and operating an agricultural science school. The board shall not, on or after the effective date of this amendatory Act of 1991, enter into any contracts or agreements for the construction, alteration or modification of any new or existing school buildings or related facilities or structural improvements on any part of the 78.85 acres purchased or otherwise acquired by the board for agricultural science school purposes, excepting only those contracts or agreements that are entered into by the board for the construction, alteration or modification of such school buildings, related facilities or structural improvements that on the effective date of this amendatory Act of 1991 are either located upon, under construction upon or scheduled under existing plans and specifications to be constructed upon a parcel of land, consisting of 17.45 acres more or less and measuring approximately 880 feet along its northerly and southerly boundaries and 864 feet along its easterly and westerly boundaries, located in the northeast part of the 78.85 acres. Nothing in this subparagraph (9) shall be deemed or construed to alter, modify, impair or otherwise affect the terms and provisions of, nor the rights and obligations of the parties under any agreement or contract made and entered into by the board prior to the effective date of this amendatory Act (i) for the acquisition, lease or lease purchase of, or for the construction, alteration or modification of any school buildings, related facilities or structural improvements upon all or any part of the 78.85 acres purchased or acquired by the board for agricultural science school purposes, or (ii) for the lease by the board of an irregularly shaped parcel, consisting of 23.19 acres more or less, of that 78.85 acres for park board purposes.

(Source: P.A. 100-399, eff. 1-1-18.)

(105 ILCS 5/34-21.2) (from Ch. 122, par. 34-21.2)

Sec. 34-21.2. Playgrounds.

The board shall take control and management of all public playgrounds owned or acquired by the city which are adjacent to or connected with any public school in the city and may equip, maintain and operate them for the moral, intellectual and physical welfare of the children and persons using them. The title to all lands occupied as such playgrounds shall vest in and be held by such city in trust for the use of schools. Nothing herein shall prevent the city from owning and operating parks, bathing beaches, municipal piers and athletic fields as provided by law.

(Source: P.A. 89-15, eff. 5-30-95.)

(105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)

Sec. 34-21.3. Contracts. The board shall by record vote let all contracts (other than those excepted by Section 10-20.21 of this Code) for supplies, materials, or work and contracts with private carriers for transportation of pupils involving an expenditure in excess of $35,000 or a lower amount as required by board policy by competitive bidding as provided in Section 10-20.21 of this Code.

The board may delegate to the general superintendent of schools, by resolution, the authority to approve contracts in amounts of $35,000 or less.

For a period of one year from and after the expiration or other termination of his or her term of office as a member of the board: (i) the former board member shall not be eligible for employment nor be employed by the board, a local school council, an attendance center, or any other subdivision or agent of the board or the school district governed by the board, and (ii) neither the board nor the chief purchasing officer shall let or delegate authority to let any contract for services, employment, or other work to the former board member or to any corporation, partnership, association, sole proprietorship, or other entity other than publicly traded companies from which the former board member receives an annual income, dividends, or other compensation in excess of $1,500. Any contract that is entered into by or under a delegation of authority from the board or the chief purchasing officer shall contain a provision stating that the contract is not legally binding on the board if entered into in violation of the provisions of this paragraph.

In addition, the State Board of Education, in consultation with the board, shall (i) review existing conflict of interest and disclosure laws or regulations that are applicable to the executive officers and governing boards of school districts organized under this Article and school districts generally, (ii) determine what additional disclosure and conflict of interest provisions would enhance the reputation and fiscal integrity of the board and the procedure under which contracts for goods and services are let, and (iii) develop appropriate reporting forms and procedures applicable to the executive officers, governing board, and other officials of the school district.

(Source: P.A. 103-8, eff. 1-1-24.)

(105 ILCS 5/34-21.4)

Sec. 34-21.4. (Repealed).

(Source: P.A. 81-1508. Repealed by P.A. 101-149, eff. 7-26-19.)

(105 ILCS 5/34-21.5)

Sec. 34-21.5. (Repealed).

(Source: P.A. 81-1221. Repealed by P.A. 94-1105, eff. 6-1-07.)

(105 ILCS 5/34-21.6) (from Ch. 122, par. 34-21.6)

Sec. 34-21.6. Waiver of fees and fines.

(a) The board shall waive all fees and any fines for the loss of school property assessed by the district on children whose parents are unable to afford them, including but not limited to:

(1) children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 CFR 245 et seq.) and students whose parents are veterans or active duty military personnel with income at or below 200% of the federal poverty level, subject to verification as set forth in subsection (b) of this Section; and

(2) homeless children and youths as defined in Section 11434a of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

Notice of waiver availability shall be given to parents or guardians with every bill for fees or fines. The board shall develop written policies and procedures implementing this Section in accordance with regulations promulgated by the State Board of Education.

(b) If the board participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 245 et seq.) as the basis for waiving fees assessed by the district, then the board must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 CFR 245.6a).

If the board establishes a process for the determination of eligibility for waiver of all fees assessed by the district that is completely independent of the criteria listed in subsection (b), the board may provide for waiver verification no more often than once every academic year. Information obtained during the independent waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees or fines for the loss of school property, provided that any information obtained through this independent process for determining or verifying eligibility for fee waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program.

This subsection shall not preclude children from obtaining waivers at any point during the academic year.

(Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22; 103-154, eff. 6-30-23.)

(105 ILCS 5/34-21.7)

Sec. 34-21.7. Racial reports. Beginning July 1, 1994, all forms used by school boards and school districts to collect information within racial categories and all reports used to present information within racial categories shall include a "Multiracial" category, if such information is collected and reported for State or local purposes only.

(Source: P.A. 88-71; 88-670, eff. 12-2-94.)

(105 ILCS 5/34-21.8)

Sec. 34-21.8. Chicago public schools violence prevention hotline.

(a) In consultation with the Chicago Police Department, the Board must establish a hotline for the purpose of receiving anonymous phone calls for information that may prevent violence.

(b) Calls that are placed to the hotline must be answered by the Chicago Police Department.

(c) Each call placed to the hotline must be recorded and investigated by the Chicago Police Department.

(d) Prior to receiving any information, notice must be provided to the caller that the call is being recorded for investigation by the Chicago Police Department. The notice may be provided by a pre-recorded message or otherwise.

(e) The hotline shall be known as the "CPS Violence Prevention Hotline" and its number and anonymous nature must be posted in all Chicago Public Schools.

(Source: P.A. 96-1425, eff. 1-1-11.)

(105 ILCS 5/34-21.9)

Sec. 34-21.9. Modification of athletic or team uniform permitted.

(a) The board must allow a student athlete to modify his or her athletic or team uniform due to the observance of modesty in clothing or attire in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform, the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the board for such modification. However, nothing in this Section prohibits a school from providing the modification to the student.

(b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear:

(1) is black, white, the predominant color of the uniform, or the same color for all players on the team;

(2) does not cover any part of the face;

(3) is not dangerous to the player or to the other players;

(4) has no opening or closing elements around the face and neck; and

(5) has no parts extruding from its surface.

(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.)