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Public Act 095-0793 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
1A-4, 1A-10, 1C-2, 2-3.11, 2-3.30, 2-3.73, 2-3.117, 10-20.40, | ||||
13B-65.10, 14-8.03, 14-15.01, 14C-2, 17-2.11, 18-3, 21-2, | ||||
21-14, 27-23, 27-24.4, and 34-18.34 as follows:
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(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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(Text of Section before amendment by P.A. 95-626 )
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Sec. 1A-4. Powers and duties of the Board.
| ||||
A. (Blank).
| ||||
B. The Board shall determine the qualifications of and | ||||
appoint a
chief education officer, to be known as the State | ||||
Superintendent of
Education, who may be proposed by the | ||||
Governor and who shall serve at the pleasure of the Board and | ||||
pursuant to a
performance-based contract linked to statewide | ||||
student performance and academic
improvement within Illinois | ||||
schools. Upon expiration or buyout of the contract of the State | ||||
Superintendent of Education in office on the effective date of | ||||
this amendatory Act of the 93rd General Assembly, a State | ||||
Superintendent of Education shall be appointed by a State Board | ||||
of Education that includes the 7 new Board members who were | ||||
appointed to fill seats of members whose terms were terminated |
on the effective date of this amendatory Act of the 93rd | ||
General Assembly. Thereafter, a State Superintendent of | ||
Education must, at a minimum, be appointed at the beginning of | ||
each term of a Governor after that Governor has made | ||
appointments to the Board. A performance-based
contract issued | ||
for the employment of a State Superintendent of
Education | ||
entered into on or after the effective date of this amendatory | ||
Act of the 93rd General Assembly must expire no later than | ||
February 1, 2007, and subsequent contracts must expire no later | ||
than February 1 each 4 years thereafter. No contract
shall be
| ||
extended or renewed beyond February 1, 2007 and February 1 each | ||
4 years thereafter, but a State Superintendent of Education | ||
shall serve until his or her successor is appointed. Each | ||
contract entered into on or before January 8, 2007 with a State | ||
Superintendent of Education must provide that the State Board | ||
of Education may terminate the contract for cause, and the | ||
State Board of Education shall not thereafter be liable for | ||
further payments under the contract. With regard to this | ||
amendatory Act of the 93rd General Assembly, it is the intent | ||
of the General Assembly that, beginning with the Governor who | ||
takes office on the second Monday of January, 2007, a State | ||
Superintendent of Education be appointed at the beginning of | ||
each term of a Governor after that Governor has made | ||
appointments to the Board. The State
Superintendent of | ||
Education shall not serve as a member of the State
Board of | ||
Education. The Board shall set the compensation of the State
|
Superintendent of Education who shall serve as the Board's | ||
chief
executive officer. The Board shall also establish the | ||
duties, powers and
responsibilities of the State | ||
Superintendent, which shall be included in the
State | ||
Superintendent's performance-based contract along with the | ||
goals and
indicators of student performance and academic | ||
improvement used to measure the
performance and effectiveness | ||
of the State Superintendent.
The State Board of Education may | ||
delegate
to the State Superintendent of Education the authority | ||
to act on the Board's
behalf, provided such delegation is made | ||
pursuant to adopted board policy
or the powers delegated are | ||
ministerial in nature. The State Board may
not delegate | ||
authority under this Section to the State Superintendent to
(1) | ||
nonrecognize school districts, (2) withhold State payments as a | ||
penalty,
or (3) make final decisions under the contested case | ||
provisions of the Illinois
Administrative Procedure Act unless | ||
otherwise provided by law.
| ||
C. The powers and duties of the State Board of Education | ||
shall encompass all
duties delegated to the Office of | ||
Superintendent of Public Instruction on
January 12, 1975, | ||
except as the law providing for such powers and duties is
| ||
thereafter amended, and such other powers and duties as the | ||
General Assembly
shall designate. The Board shall be | ||
responsible for the educational policies
and guidelines for | ||
public schools, pre-school through grade
12 and Vocational | ||
Education in the State of Illinois. The Board shall
analyze the |
present and future aims, needs, and requirements of
education | ||
in the State of Illinois and recommend to the General Assembly
| ||
the powers which should be exercised by the Board. The Board | ||
shall
recommend the passage and the legislation necessary to | ||
determine the
appropriate relationship between the Board and | ||
local boards of education
and the various State agencies and | ||
shall recommend desirable
modifications in the laws which | ||
affect schools.
| ||
D. Two members of the Board shall be appointed by the | ||
chairperson
to serve on a standing joint Education Committee, 2 | ||
others shall be
appointed from the Board of Higher Education, 2
| ||
others shall be appointed by the chairperson of the
Illinois | ||
Community College Board, and 2 others shall be appointed by the
| ||
chairperson of the Human Resource Investment Council. The
| ||
Committee shall be
responsible for making recommendations | ||
concerning the submission of any
workforce development plan or | ||
workforce training program required by federal
law or under any | ||
block grant authority. The Committee will be
responsible for | ||
developing policy on matters of mutual concern to
elementary, | ||
secondary and higher education such as Occupational and
Career | ||
Education, Teacher Preparation and Certification, Educational
| ||
Finance, Articulation between Elementary, Secondary and Higher | ||
Education
and Research and Planning. The joint Education | ||
Committee shall meet at
least quarterly and submit an annual | ||
report of its findings,
conclusions, and recommendations to the | ||
State Board of Education, the Board of
Higher Education, the |
Illinois Community College Board,
the Human Resource | ||
Investment Council, the Governor, and the
General
Assembly. All | ||
meetings of this Committee shall be official meetings for
| ||
reimbursement under this Act.
| ||
E. Five members of the Board shall constitute a quorum. A
| ||
majority
vote of the members appointed, confirmed and serving | ||
on the Board is
required to approve any action, except that the | ||
7 new Board members who were appointed to fill seats of members | ||
whose terms were terminated on the effective date of this | ||
amendatory act of the 93rd General Assembly may vote to approve | ||
actions when appointed and serving.
| ||
Using the most recently available data, the The Board shall | ||
prepare and submit to the General Assembly and the
Governor on | ||
or before January 14, 1976 and annually thereafter a report
or | ||
reports of its findings and recommendations. Such annual report | ||
shall
contain a separate section which provides a critique and | ||
analysis of the
status of education in Illinois and which | ||
identifies its specific problems
and recommends express | ||
solutions therefor.
Such annual report also shall contain the | ||
following information for the
preceding year ending on June 30: | ||
each act or omission of a school district
of which the State | ||
Board of Education has knowledge as a consequence of
scheduled, | ||
approved visits and which constituted a
failure by the district | ||
to comply with applicable State or federal laws or
regulations | ||
relating to public education, the name of such district, the | ||
date
or dates on which the State Board of Education notified |
the school district of
such act or omission, and what action, | ||
if any, the school district took with
respect thereto after | ||
being notified thereof by the State Board of Education.
The | ||
report shall also include the statewide high school dropout | ||
rate by
grade level, sex and race and the annual student | ||
dropout rate of and the
number of students who graduate from, | ||
transfer from or otherwise leave
bilingual programs. The | ||
Auditor General shall annually perform a
compliance audit of | ||
the State Board of Education's performance of the
reporting | ||
duty imposed by this amendatory Act of 1986. A regular system | ||
of
communication with other directly related State agencies | ||
shall be
implemented.
| ||
The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Council, as | ||
required
by Section 3.1 of the General
Assembly Organization | ||
Act, and
filing such additional
copies with the State | ||
Government Report Distribution Center for the General
Assembly | ||
as is required under paragraph (t) of Section 7 of the State | ||
Library
Act.
| ||
F. Upon appointment of the 7 new Board members who were | ||
appointed to fill seats of members whose terms were terminated | ||
on the effective date of this amendatory Act of the 93rd | ||
General Assembly, the Board shall review all of its current |
rules in an effort to streamline procedures, improve | ||
efficiency, and eliminate unnecessary forms and paperwork.
| ||
(Source: P.A. 93-1036, eff. 9-14-04.)
| ||
(Text of Section after amendment by P.A. 95-626 )
| ||
Sec. 1A-4. Powers and duties of the Board.
| ||
A. (Blank).
| ||
B. The Board shall determine the qualifications of and | ||
appoint a
chief education officer, to be known as the State | ||
Superintendent of
Education, who may be proposed by the | ||
Governor and who shall serve at the pleasure of the Board and | ||
pursuant to a
performance-based contract linked to statewide | ||
student performance and academic
improvement within Illinois | ||
schools. Upon expiration or buyout of the contract of the State | ||
Superintendent of Education in office on the effective date of | ||
this amendatory Act of the 93rd General Assembly, a State | ||
Superintendent of Education shall be appointed by a State Board | ||
of Education that includes the 7 new Board members who were | ||
appointed to fill seats of members whose terms were terminated | ||
on the effective date of this amendatory Act of the 93rd | ||
General Assembly. Thereafter, a State Superintendent of | ||
Education must, at a minimum, be appointed at the beginning of | ||
each term of a Governor after that Governor has made | ||
appointments to the Board. A performance-based
contract issued | ||
for the employment of a State Superintendent of
Education | ||
entered into on or after the effective date of this amendatory |
Act of the 93rd General Assembly must expire no later than | ||
February 1, 2007, and subsequent contracts must expire no later | ||
than February 1 each 4 years thereafter. No contract
shall be
| ||
extended or renewed beyond February 1, 2007 and February 1 each | ||
4 years thereafter, but a State Superintendent of Education | ||
shall serve until his or her successor is appointed. Each | ||
contract entered into on or before January 8, 2007 with a State | ||
Superintendent of Education must provide that the State Board | ||
of Education may terminate the contract for cause, and the | ||
State Board of Education shall not thereafter be liable for | ||
further payments under the contract. With regard to this | ||
amendatory Act of the 93rd General Assembly, it is the intent | ||
of the General Assembly that, beginning with the Governor who | ||
takes office on the second Monday of January, 2007, a State | ||
Superintendent of Education be appointed at the beginning of | ||
each term of a Governor after that Governor has made | ||
appointments to the Board. The State
Superintendent of | ||
Education shall not serve as a member of the State
Board of | ||
Education. The Board shall set the compensation of the State
| ||
Superintendent of Education who shall serve as the Board's | ||
chief
executive officer. The Board shall also establish the | ||
duties, powers and
responsibilities of the State | ||
Superintendent, which shall be included in the
State | ||
Superintendent's performance-based contract along with the | ||
goals and
indicators of student performance and academic | ||
improvement used to measure the
performance and effectiveness |
of the State Superintendent.
The State Board of Education may | ||
delegate
to the State Superintendent of Education the authority | ||
to act on the Board's
behalf, provided such delegation is made | ||
pursuant to adopted board policy
or the powers delegated are | ||
ministerial in nature. The State Board may
not delegate | ||
authority under this Section to the State Superintendent to
(1) | ||
nonrecognize school districts, (2) withhold State payments as a | ||
penalty,
or (3) make final decisions under the contested case | ||
provisions of the Illinois
Administrative Procedure Act unless | ||
otherwise provided by law.
| ||
C. The powers and duties of the State Board of Education | ||
shall encompass all
duties delegated to the Office of | ||
Superintendent of Public Instruction on
January 12, 1975, | ||
except as the law providing for such powers and duties is
| ||
thereafter amended, and such other powers and duties as the | ||
General Assembly
shall designate. The Board shall be | ||
responsible for the educational policies
and guidelines for | ||
public schools, pre-school through grade
12 and Vocational | ||
Education in the State of Illinois. The Board shall
analyze the | ||
present and future aims, needs, and requirements of
education | ||
in the State of Illinois and recommend to the General Assembly
| ||
the powers which should be exercised by the Board. The Board | ||
shall
recommend the passage and the legislation necessary to | ||
determine the
appropriate relationship between the Board and | ||
local boards of education
and the various State agencies and | ||
shall recommend desirable
modifications in the laws which |
affect schools.
| ||
D. Two members of the Board shall be appointed by the | ||
chairperson
to serve on a standing joint Education Committee, 2 | ||
others shall be
appointed from the Board of Higher Education, 2
| ||
others shall be appointed by the chairperson of the
Illinois | ||
Community College Board, and 2 others shall be appointed by the
| ||
chairperson of the Human Resource Investment Council. The
| ||
Committee shall be
responsible for making recommendations | ||
concerning the submission of any
workforce development plan or | ||
workforce training program required by federal
law or under any | ||
block grant authority. The Committee will be
responsible for | ||
developing policy on matters of mutual concern to
elementary, | ||
secondary and higher education such as Occupational and
Career | ||
Education, Teacher Preparation and Certification, Educational
| ||
Finance, Articulation between Elementary, Secondary and Higher | ||
Education
and Research and Planning. The joint Education | ||
Committee shall meet at
least quarterly and submit an annual | ||
report of its findings,
conclusions, and recommendations to the | ||
State Board of Education, the Board of
Higher Education, the | ||
Illinois Community College Board,
the Human Resource | ||
Investment Council, the Governor, and the
General
Assembly. All | ||
meetings of this Committee shall be official meetings for
| ||
reimbursement under this Act. On the effective date of this | ||
amendatory Act of the 95th General Assembly, the Joint | ||
Education Committee is abolished.
| ||
E. Five members of the Board shall constitute a quorum. A
|
majority
vote of the members appointed, confirmed and serving | ||
on the Board is
required to approve any action, except that the | ||
7 new Board members who were appointed to fill seats of members | ||
whose terms were terminated on the effective date of this | ||
amendatory act of the 93rd General Assembly may vote to approve | ||
actions when appointed and serving.
| ||
Using the most recently available data, the The Board shall | ||
prepare and submit to the General Assembly and the
Governor on | ||
or before January 14, 1976 and annually thereafter a report
or | ||
reports of its findings and recommendations. Such annual report | ||
shall
contain a separate section which provides a critique and | ||
analysis of the
status of education in Illinois and which | ||
identifies its specific problems
and recommends express | ||
solutions therefor.
Such annual report also shall contain the | ||
following information for the
preceding year ending on June 30: | ||
each act or omission of a school district
of which the State | ||
Board of Education has knowledge as a consequence of
scheduled, | ||
approved visits and which constituted a
failure by the district | ||
to comply with applicable State or federal laws or
regulations | ||
relating to public education, the name of such district, the | ||
date
or dates on which the State Board of Education notified | ||
the school district of
such act or omission, and what action, | ||
if any, the school district took with
respect thereto after | ||
being notified thereof by the State Board of Education.
The | ||
report shall also include the statewide high school dropout | ||
rate by
grade level, sex and race and the annual student |
dropout rate of and the
number of students who graduate from, | ||
transfer from or otherwise leave
bilingual programs. The | ||
Auditor General shall annually perform a
compliance audit of | ||
the State Board of Education's performance of the
reporting | ||
duty imposed by this amendatory Act of 1986. A regular system | ||
of
communication with other directly related State agencies | ||
shall be
implemented.
| ||
The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Council, as | ||
required
by Section 3.1 of the General
Assembly Organization | ||
Act, and
filing such additional
copies with the State | ||
Government Report Distribution Center for the General
Assembly | ||
as is required under paragraph (t) of Section 7 of the State | ||
Library
Act.
| ||
F. Upon appointment of the 7 new Board members who were | ||
appointed to fill seats of members whose terms were terminated | ||
on the effective date of this amendatory Act of the 93rd | ||
General Assembly, the Board shall review all of its current | ||
rules in an effort to streamline procedures, improve | ||
efficiency, and eliminate unnecessary forms and paperwork.
| ||
(Source: P.A. 95-626, eff. 6-1-08.)
| ||
(105 ILCS 5/1A-10)
|
Sec. 1A-10. Divisions of Board. The State Board of | ||
Education shall, before April 1, 2005, create divisions within | ||
the Board, including without limitation the following: | ||
(1) Teaching and Learning Services for All Children. | ||
(2) School Support Services for All Schools.
| ||
(3) Fiscal Support Services. | ||
(4) (Blank). Special Education Services. | ||
(5) Internal Auditor. | ||
(6) Human Resources.
| ||
The State Board of Education may, after consultation with the | ||
General Assembly, add any divisions or functions to the Board | ||
that it deems appropriate and consistent with Illinois law.
| ||
(Source: P.A. 93-1036, eff. 9-14-04.)
| ||
(105 ILCS 5/1C-2)
| ||
Sec. 1C-2. Block grants.
| ||
(a) For fiscal year 1999, and each fiscal year thereafter, | ||
the State Board
of Education shall award to school districts | ||
block grants as described in subsection
subsections (b) and | ||
(c). The State Board of Education may adopt
rules and | ||
regulations necessary to implement this Section. In accordance | ||
with
Section 2-3.32, all state block grants are subject to an | ||
audit. Therefore,
block grant receipts and block grant | ||
expenditures shall be recorded to the
appropriate fund code.
| ||
(b) (Blank). A Professional Development Block Grant shall | ||
be created by combining the
existing School Improvement Block |
Grant and the REI Initiative.
These funds shall be distributed | ||
to school districts based on the number of
full-time certified | ||
instructional staff employed in the district.
| ||
(c) An Early Childhood Education Block Grant shall be | ||
created by combining
the following programs: Preschool | ||
Education, Parental Training and Prevention
Initiative. These | ||
funds shall be distributed to school districts and other
| ||
entities on a competitive basis. Eleven percent of this grant
| ||
shall be used to
fund programs for children ages 0-3.
| ||
(Source: P.A. 93-396, eff. 7-29-03.)
| ||
(105 ILCS 5/2-3.11) (from Ch. 122, par. 2-3.11)
| ||
Sec. 2-3.11. Report to Governor and General Assembly. Using | ||
the most recently available data, to To report to the
Governor | ||
and General Assembly annually on or before January 14 the
| ||
condition of the schools
of the State for the preceding year, | ||
ending on June 30.
| ||
Such annual report shall contain reports of the State | ||
Teacher
Certification Board; the schools of the State | ||
charitable
institutions; reports on driver education, special | ||
education,
and transportation; and for such year the annual | ||
statistical
reports of the State Board of Education, including | ||
the number
and kinds of school districts; number of school | ||
attendance
centers; number of men and women teachers; | ||
enrollment by
grades; total enrollment; total days attendance; | ||
total days
absence; average daily attendance; number of |
elementary and
secondary school graduates;
assessed valuation; | ||
tax levies
and tax rates for various purposes; amount of | ||
teachers' orders,
anticipation warrants, and bonds | ||
outstanding; and number of men
and women teachers and total | ||
enrollment of private schools.
The report shall give for all | ||
school districts receipts from
all sources and expenditures for | ||
all purposes for each fund;
the total operating expense,
the | ||
per capita cost, and instructional expenditures; federal
and | ||
state aids and reimbursements; new school buildings, and
| ||
recognized schools; together with such other information and
| ||
suggestions as the State Board of Education may deem important
| ||
in relation to the schools and school laws and the means of
| ||
promoting education throughout the state.
| ||
In this Section, "instructional expenditures" means the | ||
annual expenditures of school districts properly attributable | ||
to expenditure functions defined in rules of the State Board of | ||
Education as:
1100 (Regular Education); 1200-1220 (Special | ||
Education); 1250 (Ed. Deprived/Remedial); 1400 (Vocational | ||
Programs); 1600 (Summer School); 1650 (Gifted); 1800 | ||
(Bilingual Programs); 1900 (Truant Alternative); 2110 | ||
(Attendance and Social Work Services); 2120 (Guidance | ||
Services); 2130 (Health Services); 2140 (Psychological | ||
Services); 2150 (Speech Pathology and Audiology Services); | ||
2190 (Other Support Services Pupils); 2210 (Improvement of | ||
Instruction); 2220 (Educational Media Services); 2230 | ||
(Assessment and Testing); 2540 (Operation and Maintenance of |
Plant Services); 2550 (Pupil Transportation Service); 2560 | ||
(Food Service); 4110 (Payments for Regular Programs); 4120 | ||
(Payments for Special Education Programs); 4130 (Payments for | ||
Adult Education Programs); 4140 (Payments for Vocational | ||
Education Programs); 4170 (Payments for Community College | ||
Programs); 4190 (Other payments to in-state government units); | ||
and 4200 (Other payments to out of state government units).
| ||
(Source: P.A. 93-679, eff. 6-30-04.)
| ||
(105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30)
| ||
Sec. 2-3.30. Census for special education. To require on or | ||
before
December 22 of each year reports as to the census of all | ||
children 3 years of age birth
through 21 years of
age inclusive | ||
of the types described in definitions under the rules | ||
authorized
in Section 14-1.02 who were receiving special | ||
education and related services on
December 1 of the current | ||
school year.
| ||
To require an annual report, on or before December 22 of | ||
each year , from
the Department of Children and Family Services, | ||
Department of Corrections , and
Department of Human Services | ||
containing a census of all
children 3 years of age birth | ||
through 21 years of age inclusive , of the types
described in | ||
Section 14-1.02 who were receiving special education services | ||
on
December 1 of the current school year within State | ||
facilities. Such report
shall be submitted pursuant to rules | ||
and regulations issued by the State Board
of Education.
|
The State Board of Education shall ascertain and report | ||
annually, on or
before January 15, the number of children of | ||
non-English background, birth
through 21 years of age, | ||
inclusive of (a) types described in definitions
under rules | ||
authorized in Section 14-1.02 who were receiving special
| ||
education and related services on December of the previous year | ||
and (b)
inclusive of those served within State facilities | ||
administered by the
Department of Children and Family Services
| ||
and the Department of Human Services. The report
shall classify | ||
such children according to their language background, age,
| ||
category of exceptionality and level of severity, least | ||
restrictive
placement and achievement level.
| ||
(Source: P.A. 91-764, eff. 6-9-00.)
| ||
(105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73)
| ||
Sec. 2-3.73. Missing child program. The State Board of | ||
Education shall
administer and implement a missing child | ||
program in accordance with the
provisions of this Section. Upon | ||
receipt of each periodic information
bulletin from the | ||
Department of State Police pursuant
to Section 6 of
the | ||
Intergovernmental Missing Child Recovery Act of 1984, the State | ||
Board
of Education shall promptly disseminate the information | ||
to make copies of the same and mail one copy to
the school | ||
board of each school district in this State and to the | ||
principal
or chief administrative officer of every each | ||
nonpublic elementary and
secondary school in this State |
registered with the State Board of Education . Upon receipt of | ||
such information, each school board shall
compare the names on | ||
the bulletin to the names of all students presently
enrolled in | ||
the schools of the district. If a school board or its designee
| ||
determines that a missing child is
attending one of the schools | ||
within the
school district, or if the principal or chief | ||
administrative officer of a
nonpublic school is notified by | ||
school personnel that a missing child is
attending that school, | ||
the school board or the principal or chief
administrative | ||
officer of the nonpublic school shall immediately give
notice | ||
of this fact to the State Board of Education, the Department of | ||
State
Police, and the law enforcement agency having | ||
jurisdiction in the area
where the missing child resides or | ||
attends school.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(105 ILCS 5/2-3.117)
| ||
Sec. 2-3.117. School Technology Program.
| ||
(a) The State Board of Education is authorized to provide | ||
technology-based
learning resources , including matching | ||
grants, to school districts to improve
educational | ||
opportunities and student achievement throughout the State. | ||
School
districts may use grants for technology-related | ||
investments, including
computer hardware, software, optical | ||
media networks, and related wiring, to
educate staff to use | ||
that equipment in a learning context, and for other items
|
defined under rules adopted by the State Board of Education.
| ||
(b) The State Board of Education is authorized, to the | ||
extent funds are
available, to establish a statewide support | ||
system for information,
professional development, technical | ||
assistance, network design consultation,
leadership, | ||
technology planning consultation, and information exchange; to
| ||
expand school district connectivity; and to increase the | ||
quantity and quality
of student and educator access to on-line | ||
resources, experts, and
communications avenues from moneys | ||
appropriated for the purposes of this
Section.
| ||
(b-5) The State Board of Education may enter into | ||
intergovernmental
contracts or agreements with other State | ||
agencies, public community colleges,
public libraries, public | ||
and private colleges and universities, museums on
public land, | ||
and other public
agencies in the areas of technology, | ||
telecommunications, and information
access, under such terms | ||
as the parties may agree, provided that those
contracts and | ||
agreements are in compliance with the Department of Central
| ||
Management Services' mandate to provide telecommunications | ||
services to all
State agencies.
| ||
(c) (Blank). The State Board of Education shall adopt all | ||
rules necessary for the
administration of the School Technology | ||
Program, including but not limited to
rules defining the | ||
technology-related investments that qualify for funding, the
| ||
content of grant applications and reports, and the requirements | ||
for the local
match.
|
(d) (Blank). The State Board of Education may establish by | ||
rule provisions
to waive the local matching requirement for | ||
school districts determined unable
to finance the local match.
| ||
(Source: P.A. 89-21, eff. 7-1-95; 90-388, eff. 8-15-97; 90-566, | ||
eff. 1-2-98.)
| ||
(105 ILCS 5/10-20.40) | ||
Sec. 10-20.40. Student biometric information. | ||
(a) For the purposes of this Section, "biometric | ||
information" means any information that is collected through an | ||
identification process for individuals based on their unique | ||
behavioral or physiological characteristics, including | ||
fingerprint, hand geometry, voice, or facial recognition or | ||
iris or retinal scans. | ||
(b) School districts that collect biometric information | ||
from students shall adopt policies that require, at a minimum, | ||
all of the following: | ||
(1) Written permission from the individual who has | ||
legal custody of the student, as defined in Section | ||
10-20.12b of this Code, or from the student if he or she | ||
has reached the age of 18. | ||
(2) The discontinuation of use of a student's biometric | ||
information under either of the following conditions: | ||
(A) upon the student's graduation or withdrawal | ||
from the school district; or | ||
(B) upon receipt in writing of a request for |
discontinuation by the individual having legal custody | ||
of the student or by the student if he or she has | ||
reached the age of 18. | ||
(3) The destruction of all of a student's biometric | ||
information within 30 days after the use of the biometric | ||
information is discontinued in accordance with item (2) of | ||
this subsection (b). | ||
(4) The use of biometric information solely for | ||
identification or fraud prevention. | ||
(5) A prohibition on the sale, lease, or other | ||
disclosure of biometric information to another person or | ||
entity, unless: | ||
(A) the individual who has legal custody of the | ||
student or the student, if he or she has reached the | ||
age of 18, consents to the disclosure; or | ||
(B) the disclosure is required by court order. | ||
(6) The storage, transmittal, and protection of all | ||
biometric information from disclosure. | ||
(c) Failure to provide written consent under item (1) of | ||
subsection (b) of this Section by the individual who has legal | ||
custody of the student or by the student, if he or she has | ||
reached the age of 18, must not be the basis for refusal of any | ||
services otherwise available to the student.
| ||
(d) Student biometric information may be destroyed without | ||
notification to or the approval of a local records commission | ||
under the Local Records Act if destroyed within 30 days after |
the use of the biometric information is discontinued in | ||
accordance with item (2) of subsection (b) of this Section. | ||
(Source: P.A. 95-232, eff. 8-16-07.)
| ||
(105 ILCS 5/13B-65.10)
| ||
Sec. 13B-65.10. Continuing professional development for | ||
teachers. Teachers may receive
continuing education units or | ||
continuing professional development units,
subject to the | ||
provisions of Section 13B-65.5 of
this Code, for professional | ||
development related to alternative learning.
| ||
(Source: P.A. 92-42, eff. 1-1-02.)
| ||
(105 ILCS 5/14-8.03) (from Ch. 122, par. 14-8.03)
| ||
Sec. 14-8.03. Transition goals, supports, and services.
| ||
(a) A school district shall consider, and develop when | ||
needed, the
transition goals and supports for eligible students | ||
with
disabilities not later than the school
year in which the | ||
student reaches age 14 1/2 at the individualized education
plan | ||
meeting and provide services as identified on the
student's | ||
individualized
education plan. Transition goals shall
be based | ||
on appropriate
evaluation procedures and information, take | ||
into consideration the
preferences of the student and his or | ||
her parents or guardian, be
outcome-oriented, and include | ||
employment,
post-secondary
education, and community living | ||
alternatives. Consideration of these goals
shall result in the | ||
clarification of a school district's responsibility to
deliver |
specific educational services such as vocational training and | ||
community
living skills instruction.
| ||
(b) To appropriately assess and plan for the student's | ||
transition needs,
additional individualized education plan | ||
team members may be
necessary
and may be asked by the school | ||
district to assist in the planning process.
Additional | ||
individualized education plan team members
may include a
| ||
representative from the Department of Human Services,
a case | ||
coordinator, or persons representing other community agencies | ||
or
services. The individualized education plan shall specify
| ||
each person
responsible for coordinating and
delivering | ||
transition services. The public school's responsibility for
| ||
delivering educational services does not extend beyond the time | ||
the student
leaves school or when the student reaches age 21 | ||
inclusive, which for purposes of this Article means the day | ||
before the student's 22nd birthday .
| ||
(c) A school district shall submit annually a summary of | ||
each eligible
student's transition goals and needed supports | ||
resulting from the
individualized education plan
team
meeting | ||
to the appropriate local Transition Planning Committee. If
| ||
students with disabilities who are ineligible for special | ||
education services
request transition services, local public | ||
school districts shall assist those
students by identifying | ||
post-secondary school goals, delivering appropriate
education | ||
services, and coordinating with other agencies and services for
| ||
assistance.
|
(Source: P.A. 92-452, eff. 8-21-01.)
| ||
(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
| ||
Sec. 14-15.01. Community and Residential Services | ||
Authority.
| ||
(a) (1) The Community and Residential Services Authority is
| ||
hereby created and shall consist of the following members:
| ||
A representative of the State Board of Education;
| ||
Four representatives of the Department of Human Services | ||
appointed by the Secretary of Human Services ,
with one member | ||
from the Division of Community Health and
Prevention, one | ||
member from the Division the Office of Developmental | ||
Disabilities of
the Division of Disability and Behavioral | ||
Health Services , one member
from the Division the Office of | ||
Mental Health of the Division of Disability and
Behavioral | ||
Health Services , and one member from the Division of the Office | ||
of
Rehabilitation Services of the Division of Disability and | ||
Behavioral Health
Services ;
| ||
A representative of the Department of Children and Family | ||
Services;
| ||
A representative of the Department of Juvenile Justice | ||
Corrections ;
| ||
A representative of the Department of Healthcare and Family | ||
Services;
| ||
A representative of the Attorney General's Disability | ||
Rights Advocacy
Division;
|
The Chairperson and Minority Spokesperson of the House and | ||
Senate
Committees on Elementary and Secondary Education or | ||
their designees; and
| ||
Six persons appointed by the Governor. Five of such
| ||
appointees shall be experienced or knowledgeable relative to
| ||
provision of services for individuals with a behavior
disorder
| ||
or a severe emotional disturbance
and shall include | ||
representatives of
both the private and public sectors, except | ||
that no more than 2 of those 5
appointees may be from the | ||
public sector and at least 2 must be or have been
directly | ||
involved in provision of services to such individuals. The | ||
remaining
member appointed by the Governor shall be or shall | ||
have been a parent of an
individual with a
behavior disorder or | ||
a severe emotional disturbance, and
that appointee may be from | ||
either the private or the public sector.
| ||
(2) Members appointed by the Governor shall be appointed | ||
for terms
of 4 years and shall continue to serve until their | ||
respective successors are
appointed; provided that the terms of | ||
the original
appointees shall expire on August 1, 1990 , and the | ||
term of the additional
member appointed under this amendatory | ||
Act of 1992 shall commence upon the
appointment and expire | ||
August 1, 1994 . Any vacancy in the office of a
member appointed | ||
by the Governor shall be filled by appointment of the
Governor | ||
for the remainder of the term.
| ||
A vacancy in the office of a member appointed by the | ||
Governor exists when
one or more of the following events occur:
|
(i) An appointee dies;
| ||
(ii) An appointee files a written resignation with the | ||
Governor;
| ||
(iii) An appointee ceases to be a legal resident of the | ||
State of Illinois;
or
| ||
(iv) An appointee fails to attend a majority of | ||
regularly scheduled
Authority meetings in a fiscal year.
| ||
Members who are representatives of an agency shall serve at | ||
the will
of the agency head. Membership on the Authority shall | ||
cease immediately
upon cessation of their affiliation with the | ||
agency. If such a vacancy
occurs, the appropriate agency head | ||
shall appoint another person to represent
the agency.
| ||
If a legislative member of the Authority ceases to be | ||
Chairperson or
Minority Spokesperson of the designated | ||
Committees, they shall
automatically be replaced on the | ||
Authority by the person who assumes the
position of Chairperson | ||
or Minority Spokesperson.
| ||
(b) The Community and Residential Services Authority shall | ||
have the
following powers and duties:
| ||
(1) To conduct surveys to determine the extent of need, | ||
the degree to
which documented need is currently being met | ||
and feasible alternatives for
matching need with | ||
resources.
| ||
(2) To develop policy statements for interagency | ||
cooperation to cover
all aspects of service delivery, | ||
including laws, regulations and
procedures, and clear |
guidelines for determining responsibility at all times.
| ||
(3) To recommend policy statements
and provide | ||
information regarding effective programs for delivery of
| ||
services to all individuals under 22 years of age with a | ||
behavior disorder
or a severe emotional disturbance in | ||
public or private situations.
| ||
(4) To review the criteria for service eligibility, | ||
provision and
availability established by the governmental | ||
agencies represented on this
Authority, and to recommend | ||
changes, additions or deletions to such criteria.
| ||
(5) To develop and submit to the Governor, the General | ||
Assembly, the
Directors of the agencies represented on the | ||
Authority, and the
State Board of Education a master plan | ||
for individuals under 22 years of
age with a
behavior | ||
disorder or a severe emotional disturbance,
including
| ||
detailed plans of service ranging from the least to the | ||
most
restrictive options; and to assist local communities, | ||
upon request, in
developing
or strengthening collaborative | ||
interagency networks.
| ||
(6) To develop a process for making determinations in | ||
situations where
there is a dispute relative to a plan of | ||
service for
individuals or funding for a plan of service.
| ||
(7) To provide technical assistance to parents, | ||
service consumers,
providers, and member agency personnel | ||
regarding statutory responsibilities
of human service and | ||
educational agencies, and to provide such assistance
as |
deemed necessary to appropriately access needed services.
| ||
(c) (1) The members of the Authority shall receive no | ||
compensation for
their services but shall be entitled to | ||
reimbursement of reasonable
expenses incurred while performing | ||
their duties.
| ||
(2) The Authority may appoint special study groups to | ||
operate under
the direction of the Authority and persons | ||
appointed to such groups shall
receive only reimbursement of | ||
reasonable expenses incurred in the
performance of their | ||
duties.
| ||
(3) The Authority shall elect from its membership a | ||
chairperson,
vice-chairperson and secretary.
| ||
(4) The Authority may employ and fix the compensation of
| ||
such employees and technical assistants as it deems necessary | ||
to carry out
its powers and duties under this Act. Staff | ||
assistance for the Authority
shall be provided by the State | ||
Board of Education.
| ||
(5) Funds for the ordinary and contingent expenses of the | ||
Authority
shall be appropriated to the State Board of Education | ||
in a separate line item.
| ||
(d) (1) The Authority shall have power to promulgate rules | ||
and
regulations to carry out its powers and duties under this | ||
Act.
| ||
(2) The Authority may accept monetary gifts or grants from | ||
the federal
government or any agency thereof, from any | ||
charitable foundation or
professional association or from any |
other reputable source for
implementation of any program | ||
necessary or desirable to the carrying out of
the general | ||
purposes of the Authority. Such gifts and grants may be
held in | ||
trust by the Authority and expended in the exercise of its | ||
powers
and performance of its duties as prescribed by law.
| ||
(3) The Authority shall submit an annual report of its | ||
activities and
expenditures to the Governor, the General | ||
Assembly, the
directors of agencies represented on the | ||
Authority, and the State
Superintendent of Education.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2)
| ||
Sec. 14C-2. Definitions. Unless the context indicates | ||
otherwise, the terms used in this
Article have the following | ||
meanings:
| ||
(a) "State Board" means the State Board of Education.
| ||
(b) "Certification Board" means the State Teacher | ||
Certification
Board.
| ||
(c) "School District" means any school district | ||
established under
this Code.
| ||
(d) "Children of limited English-speaking ability" means | ||
(1)
all children in grades pre-K through 12 who were not born | ||
in the United States , whose native tongue is a
language other | ||
than English , and who are incapable of performing ordinary
| ||
classwork in English; and (2) all children in grades pre-K | ||
through 12 who were born in the United
States of parents |
possessing no or limited English-speaking ability and
who are | ||
incapable of performing ordinary classwork in English.
| ||
(e) "Teacher of transitional bilingual education" means a | ||
teacher
with a speaking and reading ability in a language other | ||
than English in
which transitional bilingual education is | ||
offered and with communicative
skills in English.
| ||
(f) "Program in transitional bilingual education" means a | ||
full-time
program of instruction (1) in all those courses or | ||
subjects which a
child is required by law to receive and which | ||
are required by the
child's school district which shall be | ||
given in the native language of
the children of limited | ||
English-speaking ability who are enrolled in the
program and | ||
also in English, (2) in the reading and writing of the
native | ||
language of the children of limited English-speaking ability | ||
who
are enrolled in the program and in the oral comprehension, | ||
speaking,
reading and writing of English, and (3) in the | ||
history and culture of
the country, territory or geographic | ||
area which is the native land of
the parents of children of | ||
limited English-speaking ability who are
enrolled in the | ||
program and in the history and culture of the United
States; or | ||
a part-time program of instruction based on the educational
| ||
needs of those children of limited English-speaking ability who | ||
do not
need a full-time program of instruction.
| ||
(Source: P.A. 86-1028.)
| ||
(105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
|
Sec. 17-2.11. School board power to levy a tax or to borrow | ||
money and
issue bonds for fire prevention, safety, energy | ||
conservation, disabled
accessibility, school security, and | ||
specified repair purposes. | ||
(a) Whenever, as a
result of any lawful order of any | ||
agency,
other than a school board, having authority to enforce | ||
any school building code
applicable to any facility that houses | ||
students, or any law or regulation for
the protection and | ||
safety of the environment, pursuant to the Environmental
| ||
Protection Act, any school district having a population of less | ||
than 500,000
inhabitants is required to alter or reconstruct | ||
any school building or
permanent, fixed equipment; the district | ||
may, by proper resolution, levy a tax for the purpose of making | ||
such alteration or reconstruction, based on a survey report by | ||
an architect or engineer licensed in this State, upon all of | ||
the taxable property of the district at the value as assessed | ||
by the Department of Revenue and at a rate not to exceed 0.05% | ||
per year for a period sufficient to finance such alteration or | ||
reconstruction, upon the following conditions: | ||
(1) When there are not sufficient funds available in | ||
the operations and maintenance fund of the school district, | ||
the school facility occupation tax fund of the district, or | ||
the fire prevention and safety fund of the district, as | ||
determined by the district on the basis of rules adopted by | ||
the State Board of Education, to make such alteration or | ||
reconstruction or to purchase and install such permanent, |
fixed equipment so ordered or determined as necessary. | ||
Appropriate school district records must be made available | ||
to the State Superintendent of Education, upon request, to | ||
confirm this insufficiency. | ||
(2) When a certified estimate of an architect or | ||
engineer licensed in this State stating the estimated | ||
amount necessary to make the alteration or reconstruction | ||
or to purchase and install the equipment so ordered has | ||
been secured by the school district, and the estimate has | ||
been approved by the regional superintendent of schools | ||
having jurisdiction over the district and the State | ||
Superintendent of Education. Approval must not be granted | ||
for any work that has already started without the prior | ||
express authorization of the State Superintendent of | ||
Education. If the estimate is not approved or is denied | ||
approval by the regional superintendent of schools within 3 | ||
months after the date on which it is submitted to him or | ||
her, the school board of the district may submit the | ||
estimate directly to the State Superintendent of Education | ||
for approval or denial. | ||
(b) Whenever or whenever any such district determines that
| ||
it is necessary for energy conservation purposes that any | ||
school building
or permanent, fixed equipment should be altered | ||
or reconstructed and
that such alterations or reconstruction | ||
will be made with funds not necessary
for the completion of | ||
approved and recommended projects contained in any safety
|
survey report or amendments thereto authorized by Section | ||
2-3.12 of this Act; the district may levy a tax or issue bonds | ||
as provided in subsection (a) of this Section. | ||
(c) Whenever
or whenever any such district determines that | ||
it is necessary for disabled accessibility purposes and to | ||
comply with the school building
code that any
school building | ||
or equipment should be altered or reconstructed and that such
| ||
alterations or reconstruction will be made with
funds not | ||
necessary for the completion of approved and recommended | ||
projects
contained in any safety survey report or amendments | ||
thereto authorized under
Section 2-3.12 of this Act , the | ||
district may levy a tax or issue bonds as provided in | ||
subsection (a) of this Section. ; or whenever | ||
(d) Whenever any such district determines that it is
| ||
necessary for school
security purposes and the related | ||
protection and safety of pupils and school
personnel that any | ||
school building or property should be altered or
reconstructed | ||
or that security systems and equipment (including but not | ||
limited
to intercom, early detection and warning, access | ||
control and television
monitoring systems) should be purchased | ||
and installed, and that such
alterations, reconstruction or | ||
purchase and installation of equipment will be
made with funds | ||
not necessary for the completion of approved and recommended
| ||
projects contained in any safety survey report or amendment | ||
thereto authorized
by Section 2-3.12 of this Act and will deter | ||
and prevent unauthorized entry or
activities upon school |
property by unknown or dangerous persons, assure early
| ||
detection and advance warning of any such actual or attempted | ||
unauthorized
entry or activities and help assure the continued | ||
safety of pupils and school
staff if any such unauthorized | ||
entry or activity is attempted or occurs;
the district may levy | ||
a tax or issue bonds as provided in subsection (a) of this | ||
Section. | ||
(e) If or if a school district does not need funds for | ||
other fire prevention and
safety projects, including the | ||
completion of approved and recommended projects
contained in | ||
any safety survey report or amendments thereto authorized by
| ||
Section 2-3.12 of this Act, and it is determined after a public | ||
hearing (which
is preceded by at least one published notice (i) | ||
occurring at least 7 days
prior to the hearing in a newspaper | ||
of general circulation within the school
district and (ii) | ||
setting forth the time, date, place, and general subject
matter | ||
of the hearing) that there is a
substantial, immediate, and | ||
otherwise unavoidable threat to the health, safety,
or welfare | ||
of pupils due to disrepair of school sidewalks, playgrounds, | ||
parking
lots, or school bus turnarounds and repairs must be | ||
made ; then the district may levy a tax or issue bonds as | ||
provided in subsection (a) of this Section. : then
in any such | ||
event, such district may, by proper resolution, levy a tax for | ||
the
purpose of making such alteration or reconstruction, based | ||
on a survey report
by an architect or engineer licensed in the | ||
State of Illinois, upon all the
taxable property of the |
district at the value as assessed by the Department of
Revenue | ||
at a rate not to exceed .05% per year for a period sufficient | ||
to
finance such alterations, repairs, or reconstruction, upon | ||
the following
conditions:
| ||
(a) When there are not sufficient funds available in | ||
the operations
and maintenance fund of the district, the | ||
school facility occupation tax fund of the district, or the | ||
fire prevention and safety fund of
the district as | ||
determined by the district on the basis of regulations | ||
adopted
by the State Board of Education to make such | ||
alterations, repairs, or
reconstruction, or to purchase | ||
and install such permanent fixed equipment so
ordered or | ||
determined as necessary. Appropriate school district | ||
records shall
be made available to the State Superintendent | ||
of Education upon request to
confirm such insufficiency.
| ||
(b) When a certified estimate of an architect or | ||
engineer licensed in the
State of Illinois stating the | ||
estimated amount necessary to make the
alterations or | ||
repairs, or to purchase and install such equipment so | ||
ordered
has been secured by the district, and the estimate | ||
has been approved by the
regional superintendent of | ||
schools, having jurisdiction of the district, and
the State | ||
Superintendent of Education. Approval shall not be granted | ||
for any
work that has already started without the prior | ||
express authorization of the
State Superintendent of | ||
Education. If such estimate is not approved or denied
|
approval by the regional superintendent of schools within 3 | ||
months after the
date on which it is submitted to him or | ||
her, the school board of the district
may submit such | ||
estimate directly to the State Superintendent of Education | ||
for
approval or denial.
| ||
(f) For purposes of this Section a school district may | ||
replace a school
building or build additions to replace | ||
portions of a building when it is
determined that the | ||
effectuation of the recommendations for the existing
building | ||
will cost more than the replacement costs. Such determination | ||
shall
be based on a comparison of estimated costs made by an | ||
architect or engineer
licensed in the State of Illinois. The | ||
new building or addition shall be
equivalent in area (square | ||
feet) and comparable in purpose and grades served
and may be on | ||
the same site or another site. Such replacement may only be | ||
done
upon order of the regional superintendent of schools and | ||
the approval of the
State Superintendent of Education.
| ||
(g) The filing of a certified copy of the resolution | ||
levying the tax when
accompanied by the certificates of the | ||
regional superintendent of schools and
State Superintendent of | ||
Education shall be the authority of the county clerk to
extend | ||
such tax.
| ||
(h) The county clerk of the county in which any school | ||
district levying a
tax under the authority of this Section is | ||
located, in reducing raised
levies, shall not consider any such | ||
tax as a part of the general levy
for school purposes and shall |
not include the same in the limitation of
any other tax rate | ||
which may be extended.
| ||
Such tax shall be levied and collected in like manner as | ||
all other
taxes of school districts, subject to the provisions | ||
contained in this Section.
| ||
(i) The tax rate limit specified in this Section may be | ||
increased to .10%
upon the approval of a proposition to effect | ||
such increase by a majority
of the electors voting on that | ||
proposition at a regular scheduled election.
Such proposition | ||
may be initiated by resolution of the school board and
shall be | ||
certified by the secretary to the proper election authorities | ||
for
submission in accordance with the general election law.
| ||
(j) When taxes are levied by any school district for fire | ||
prevention,
safety, energy conservation, and school security | ||
purposes as specified in this
Section, and the purposes for | ||
which the taxes have been
levied are accomplished and paid in | ||
full, and there remain funds on hand in
the Fire Prevention and | ||
Safety Fund from the proceeds of the taxes levied,
including | ||
interest earnings thereon, the school board by resolution shall | ||
use
such excess and other board restricted funds , excluding | ||
bond proceeds and
earnings from such proceeds , as follows: | ||
(1) for other authorized fire prevention,
safety, | ||
energy conservation, and school security purposes ;
or | ||
(2) for transfer to the Operations and Maintenance Fund
| ||
for the purpose of abating an equal amount of operations | ||
and maintenance
purposes taxes. |
(k) If any transfer is made to the Operation and | ||
Maintenance
Fund, the secretary of the school board shall | ||
within 30 days notify
the county clerk of the amount of that | ||
transfer and direct the clerk to
abate the taxes to be extended | ||
for the purposes of operations and
maintenance authorized under | ||
Section 17-2 of this Act by an amount equal
to such transfer.
| ||
(l) If the proceeds from the tax levy authorized by this
| ||
Section are insufficient to complete the work approved under | ||
this
Section, the school board is authorized to sell bonds | ||
without referendum
under the provisions of this Section in an | ||
amount that, when added to the
proceeds of the tax levy | ||
authorized by this Section, will allow completion
of the | ||
approved work.
| ||
(m) Any Such bonds issued pursuant to this Section shall | ||
bear interest at a rate not to exceed the maximum rate
| ||
authorized by law at the time of the making of the contract, | ||
shall mature
within 20 years from date, and shall be signed by | ||
the president of the school
board and the treasurer of the | ||
school district.
| ||
(n) In order to authorize and issue such bonds, the school | ||
board shall adopt
a resolution fixing the amount of bonds, the | ||
date thereof, the maturities
thereof, rates of interest | ||
thereof, place of payment and denomination,
which shall be in | ||
denominations of not less than $100 and not more than
$5,000, | ||
and provide for the levy and collection of a direct annual tax | ||
upon
all the taxable property in the school district sufficient |
to pay the
principal and interest on such bonds to maturity. | ||
Upon the filing in the
office of the county clerk of the county | ||
in which the school district is
located of a certified copy of | ||
the resolution, it is the duty of the
county clerk to extend | ||
the tax therefor in addition to and in excess of all
other | ||
taxes heretofore or hereafter authorized to be
levied by such | ||
school district.
| ||
(o) After the time such bonds are issued as provided for by | ||
this Section, if
additional alterations or reconstructions are | ||
required to be made because
of surveys conducted by an | ||
architect or engineer licensed in the State of
Illinois, the | ||
district may levy a tax at a rate not to exceed .05% per year
| ||
upon all the taxable property of the district or issue | ||
additional bonds,
whichever action shall be the most feasible.
| ||
(p) This Section is cumulative and constitutes complete | ||
authority for the
issuance of bonds as provided in this Section | ||
notwithstanding any other
statute or law to the contrary.
| ||
(q) With respect to instruments for the payment of money | ||
issued under this
Section either before, on, or after the | ||
effective date of Public Act 86-004
(June 6, 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.
| ||
(r) When the purposes for which the bonds are issued have | ||
been accomplished
and paid for in full and there remain funds | ||
on hand from the proceeds of
the bond sale and interest | ||
earnings therefrom, the board shall, by
resolution, use such | ||
excess funds in accordance with the provisions of
Section | ||
10-22.14 of this Act.
| ||
(s) Whenever any tax is levied or bonds issued for fire | ||
prevention, safety,
energy conservation, and school security | ||
purposes, such proceeds shall be
deposited and accounted for | ||
separately within the Fire Prevention and Safety
Fund.
| ||
(Source: P.A. 95-675, eff. 10-11-07.)
| ||
(105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
| ||
Sec. 18-3. Tuition of children from orphanages and | ||
children's homes.
| ||
When the children from any home for orphans, dependent, | ||
abandoned or
maladjusted children maintained by any | ||
organization or association
admitting to such home children | ||
from the State in general or when children
residing in a school | ||
district wherein the State of Illinois maintains and
operates |
any welfare or penal institution on property owned by
the State | ||
of Illinois, which contains houses, housing units or housing
| ||
accommodations within a school district, attend grades | ||
kindergarten through
12 of the public schools maintained by | ||
that school district, the
State Superintendent of Education | ||
shall direct the State Comptroller to
pay a specified amount | ||
sufficient to pay the annual tuition cost of such
children who | ||
attended such public schools during the regular school year
| ||
ending on June 30 . The or the summer term for that school year, | ||
and the
Comptroller shall pay the amount after receipt of a | ||
voucher
submitted by the State Superintendent of Education.
| ||
The amount of the tuition for such children attending the | ||
public schools
of the district shall be determined by the State | ||
Superintendent of
Education by multiplying the number of such | ||
children in average daily
attendance in such schools by 1.2 | ||
times the total annual per capita cost of
administering the | ||
schools of the district. Such total annual per capita
cost | ||
shall be determined by totaling all expenses of the school | ||
district in
the educational, operations and maintenance, bond | ||
and interest,
transportation, Illinois municipal retirement, | ||
and rent funds for the
school year preceding the filing of such | ||
tuition claims less expenditures
not applicable to the regular | ||
K-12 program, less offsetting revenues from
State sources | ||
except those from the common school fund, less offsetting
| ||
revenues from federal sources except those from federal | ||
impaction aid, less
student and community service revenues, |
plus a depreciation allowance; and
dividing such total by the | ||
average daily attendance for the year.
| ||
Annually on or before July 15 June 30 the superintendent of | ||
the district shall certify to upon forms
prepared by the State | ||
Superintendent of Education shall certify to the regional
| ||
superintendent the following:
| ||
1. The name of the home and of the organization or | ||
association
maintaining it; or the legal description of the | ||
real estate upon which the
house, housing units, or housing | ||
accommodations are located and that no
taxes or service | ||
charges or other payments authorized by law to be made in
| ||
lieu of taxes were collected therefrom or on account | ||
thereof during either
of the calendar years included in the | ||
school year for which claim is being
made;
| ||
2. The number of children from the home or living in | ||
such houses,
housing units or housing accommodations and | ||
attending the schools of the
district;
| ||
3. The total number of children attending the schools | ||
of the district;
| ||
4. The per capita tuition charge of the district; and
| ||
5. The computed amount of the tuition payment claimed | ||
as due.
| ||
Whenever the persons in charge of such home for orphans, | ||
dependent, abandoned
or maladjusted children have received | ||
from the parent or guardian of any such
child or by virtue of | ||
an order of court a specific allowance for educating
such |
child, such persons shall pay to the school board in the | ||
district
where the child attends school such amount of the | ||
allowance as is necessary
to pay the tuition required by such | ||
district for the education of the
child. If the allowance is | ||
insufficient to pay the tuition in full the
State | ||
Superintendent of Education shall direct the Comptroller to pay | ||
to
the district the difference between the total tuition | ||
charged and the
amount of the allowance.
| ||
Whenever the facilities of a school district in which such | ||
house,
housing units or housing accommodations are located, are | ||
limited, pupils
may be assigned by that district to the schools | ||
of any adjacent district to
the limit of the facilities of the | ||
adjacent district to properly educate
such pupils as shall be | ||
determined by the school board of the adjacent
district, and | ||
the State Superintendent of Education shall direct the
| ||
Comptroller to pay a specified amount sufficient to pay the | ||
annual tuition
of the children so assigned to and attending | ||
public schools in the adjacent
districts and the Comptroller | ||
shall draw his warrant upon the State
Treasurer for the payment | ||
of such amount for the benefit of the adjacent
school districts | ||
in the same manner as for districts in which the houses,
| ||
housing units or housing accommodations are located.
| ||
The school district shall certify to the State | ||
Superintendent of Education
the report of claims due for such | ||
tuition payments on or before
July 15 31 . Failure on the part | ||
of the school board to certify its claim on
July 31 shall |
constitute a forfeiture by the district of its right to the
| ||
payment of any such tuition claim for the school year. The
| ||
State Superintendent of Education shall direct the Comptroller | ||
to pay to the
district, on or before August 15, the amount due | ||
the district for the school
year in accordance with the | ||
calculation of the claim as set forth in this
Section.
| ||
Summer session costs shall be reimbursed based on the | ||
actual expenditures for providing these services. On or before | ||
November 1 of each year, the superintendent of each eligible | ||
school district shall certify to the State Superintendent of | ||
Education the claim of the district for the summer session | ||
following the regular school year just ended. The State | ||
Superintendent of Education shall transmit to the Comptroller | ||
no later than December 15th of each year vouchers for payment | ||
of amounts due to school districts for summer session. | ||
Claims for tuition for children from any home for orphans | ||
or dependent,
abandoned, or maladjusted children beginning | ||
with the 1993-1994 school year
shall be paid on a current year | ||
basis. On September 30, December 31, and
March 31, the State | ||
Board of Education shall voucher payments for districts
with | ||
those students based on an estimated cost calculated from the | ||
prior
year's claim. Final claims for those students for the | ||
regular school term
and summer term must be received at the | ||
State Board of Education by July 15 31
following the end of the | ||
regular school year. Final claims for those students
shall be | ||
vouchered by August 15. During fiscal year 1994 both the |
1992-1993
school year and the 1993-1994 school year shall be | ||
paid in order to change the
cycle of payment from a | ||
reimbursement basis to a current year funding basis of
payment. | ||
However, notwithstanding any other provisions of this Section | ||
or the
School Code, beginning with fiscal year 1994 and each | ||
fiscal year thereafter, if the amount appropriated for any | ||
fiscal year is
less than the amount required for purposes of | ||
this Section, the amount required
to eliminate any insufficient | ||
reimbursement for each district claim under this
Section shall | ||
be reimbursed on August 30 of the next fiscal year. Payments | ||
required to eliminate any insufficiency for prior fiscal
year | ||
claims shall be made before any claims are paid for the current | ||
fiscal
year.
| ||
If a school district makes a claim for reimbursement under | ||
Section 18-4
or 14-7.03 it shall not include in any claim filed | ||
under this Section
children residing on the property of State | ||
institutions included in its
claim under Section 18-4 or | ||
14-7.03.
| ||
Any child who is not a resident of Illinois who is placed | ||
in a child
welfare institution, private facility, State | ||
operated program, orphanage
or children's home shall have the | ||
payment for his educational tuition and
any related services | ||
assured by the placing agent.
| ||
In order to provide services appropriate to allow a student | ||
under the legal
guardianship or custodianship of the State to | ||
participate in local school
district educational programs, |
costs may be incurred in appropriate cases by
the
district that | ||
are in excess of 1.2 times the district per capita tuition | ||
charge
allowed under the provisions of this Section. In the | ||
event such excess costs
are incurred, they must be documented | ||
in accordance with cost rules established
under the authority | ||
of this Section and may then be claimed for reimbursement
under | ||
this Section.
| ||
Planned services for students eligible for this funding | ||
must be a
collaborative effort between the appropriate State | ||
agency or the student's
group home or institution and the local | ||
school district.
| ||
(Source: P.A. 92-94, eff. 1-1-02; 92-597, eff. 7-1-02; 93-609, | ||
eff. 11-20-03.)
| ||
(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
| ||
Sec. 21-2. Grades of certificates.
| ||
(a) All certificates issued under this Article shall be | ||
State certificates
valid, except as limited in Section 21-1, in | ||
every school district coming
under the provisions of this Act | ||
and shall be limited in time and designated
as follows: | ||
Provisional vocational certificate, temporary provisional
| ||
vocational certificate, early childhood certificate, | ||
elementary school
certificate, special certificate, secondary | ||
certificate, school service
personnel certificate, | ||
administrative certificate, provisional
certificate, and | ||
substitute certificate. The requirement of student teaching
|
under close and competent supervision for obtaining a teaching | ||
certificate
may be waived by the State Teacher Certification | ||
Board upon presentation to
the Board by the teacher of evidence | ||
of 5 years successful teaching
experience on a valid | ||
certificate and graduation from
a recognized institution of | ||
higher learning with a bachelor's degree.
| ||
(b) Initial Teaching Certificate.
Persons who (1) have | ||
completed an approved teacher preparation program,
(2) are | ||
recommended by an
approved teacher preparation program, (3) | ||
have successfully completed the
Initial Teaching Certification | ||
examinations required by the State Board of
Education, and (4) | ||
have met all other criteria established by the State Board
of | ||
Education in consultation with the State Teacher Certification | ||
Board, shall
be issued an Initial Teaching Certificate valid | ||
for 4 years of teaching, as
defined in Section 21-14 of this | ||
Code. Initial Teaching Certificates shall be
issued for | ||
categories corresponding to Early Childhood, Elementary, | ||
Secondary,
and Special K-12, with special certification | ||
designations for Special
Education, Bilingual Education, | ||
fundamental learning areas (including Language
Arts, Reading, | ||
Mathematics, Science, Social Science, Physical Development and
| ||
Health, Fine Arts, and Foreign Language), and other areas
| ||
designated by the State Board of Education, in consultation | ||
with the State
Teacher Certification Board. Notwithstanding | ||
any other provision of this Article, an Initial Teaching | ||
Certificate shall be automatically extended for one year for |
all persons who (i) have been issued an Initial Teaching | ||
Certificate that expires on June 30, 2004 and (ii) have not | ||
met, prior to July 1, 2004, the Standard Certificate | ||
requirements under paragraph (c) of this Section. An | ||
application and fee shall not be required for this extension.
| ||
(b-5) A person who holds an out-of-state certificate and | ||
who is otherwise eligible for a comparable Illinois certificate | ||
may be issued an Initial Certificate if that person has not | ||
completed 4 years of teaching. Upon completion of 4 years of | ||
teaching, the person is eligible for a Standard Certificate. | ||
Beginning July 1, 2004, an out-of-state candidate who has | ||
already earned a second-tier certificate in another state is | ||
not subject to any Standard Certificate eligibility | ||
requirements stated in paragraph (2) of subsection (c) of this | ||
Section other than completion of the 4 years of teaching. An | ||
out-of-state candidate who has completed less than 4 years of | ||
teaching and does not hold a second-tier certificate from | ||
another state must meet the requirements stated in paragraph | ||
(2) of subsection (c) of this Section, proportionately reduced | ||
by the amount of time remaining to complete the 4 years of | ||
teaching.
| ||
(c) Standard Certificate.
| ||
(1) Persons who (i)
have completed 4 years of teaching, as | ||
defined in Section 21-14 of this Code,
with an Initial | ||
Certificate or an Initial Alternative Teaching Certificate and
| ||
have met all other criteria established by the State Board of |
Education in
consultation with the State Teacher Certification | ||
Board, (ii) have
completed 4
years of teaching on a valid | ||
equivalent certificate in another State or
territory of the | ||
United States, or have completed 4 years of teaching in a
| ||
nonpublic Illinois elementary or secondary school with an | ||
Initial Certificate
or an Initial Alternative Teaching | ||
Certificate, and have met all other criteria
established by the | ||
State Board of Education, in consultation with the State
| ||
Teacher Certification Board, or (iii) were issued teaching
| ||
certificates prior to
February 15, 2000 and are renewing those | ||
certificates after February 15, 2000,
shall be issued a | ||
Standard Certificate valid for 5 years, which may be renewed
| ||
thereafter every 5 years by the State Teacher Certification | ||
Board based on
proof of continuing education or professional | ||
development.
Beginning July 1,
2003, persons who have completed | ||
4 years of teaching, as described in clauses
(i) and (ii) of | ||
this paragraph (1), have successfully completed the
| ||
requirements of paragraphs (2) through (4) of this subsection | ||
(c),
and have met all other criteria
established by the State | ||
Board of Education, in consultation with the State
Teacher | ||
Certification Board, shall be issued Standard Certificates. | ||
Notwithstanding any other provisions of this Section, | ||
beginning July 1, 2004, persons who hold valid out-of-state | ||
certificates and have completed 4 years of teaching on a valid | ||
equivalent certificate in another State or territory of the | ||
United States shall be issued comparable Standard |
Certificates. Beginning July 1, 2004, persons who hold valid | ||
out-of-state certificates as described in subsection (b-5) of | ||
this Section are subject to the requirements of paragraphs (2) | ||
through (4) of this subsection (c), as required in subsection | ||
(b-5) of this Section, in order to receive a Standard | ||
Certificate. Standard
Certificates shall be issued for | ||
categories corresponding to Early Childhood,
Elementary, | ||
Secondary, and Special K-12, with special certification
| ||
designations for Special Education, Bilingual Education,
| ||
fundamental learning areas (including Language Arts, Reading, | ||
Mathematics,
Science, Social Science, Physical Development and | ||
Health, Fine Arts, and
Foreign Language), and other areas | ||
designated by the State Board of
Education, in consultation | ||
with the State
Teacher Certification Board.
| ||
(2) This paragraph (2) applies only to those persons | ||
required to
successfully complete the requirements of this | ||
paragraph under paragraph (1)
of this subsection (c). In order | ||
to receive a Standard Teaching Certificate,
a person must | ||
satisfy one of the following requirements:
| ||
(A) Completion of a program of induction and mentoring | ||
for new teachers
that is
based upon a specific plan | ||
approved by the State Board of Education, in
consultation | ||
with the State Teacher Certification Board. Nothing in this | ||
Section, however, prohibits an induction or mentoring | ||
program from operating prior to approval. Holders of | ||
Initial Certificates issued before September 1, 2007 must |
complete, at a minimum, an approved one-year induction and | ||
mentoring program. Holders of Initial Certificates issued | ||
on or after September 1, 2007 must complete an approved | ||
2-year induction and mentoring program. The plan must
| ||
describe the role of mentor teachers, the criteria and | ||
process for their
selection, and how all the following | ||
components are to be provided:
| ||
(i) Assignment of a formally trained mentor | ||
teacher to each new
teacher
for a specified period of | ||
time, which shall be established by the employing
| ||
school or school district,
provided that a mentor | ||
teacher may not directly or indirectly participate in
| ||
the evaluation of a new teacher pursuant to Article 24A | ||
of this Code or the
evaluation procedure of the school.
| ||
(ii) Formal mentoring for each new teacher.
| ||
(iii) Support for each new teacher in relation to | ||
the Illinois
Professional Teaching Standards, the | ||
content-area standards applicable to
the new teacher's | ||
area of certification, and any applicable local school
| ||
improvement and professional development plans.
| ||
(iv) Professional development specifically | ||
designed to foster the
growth of each new teacher's | ||
knowledge and skills.
| ||
(v) Formative assessment that is based on the | ||
Illinois Professional
Teaching Standards and designed | ||
to provide feedback to the new teacher and
|
opportunities for reflection on his or her | ||
performance, which must not
be used directly or | ||
indirectly in any evaluation of a new teacher
pursuant | ||
to Article 24A of this Code or the evaluation procedure | ||
of the
school and which must include the activities | ||
specified
in clauses (B)(i), (B)(ii), and (B)(iii) of | ||
this paragraph (2).
| ||
(vi) Assignment of responsibility for coordination | ||
of the induction
and mentoring program within each | ||
school district participating in the program.
| ||
(B) Successful completion of 4 semester hours of | ||
graduate-level
coursework on the assessment of one's own | ||
performance in relation to the
Illinois Professional | ||
Teaching Standards. The coursework must be approved
by the | ||
State Board of Education, in consultation with the State | ||
Teacher
Certification Board; must be offered either by an | ||
institution of higher
education, by such an institution in | ||
partnership with a teachers' association
or union or with a | ||
regional office of education, or by another entity
| ||
authorized to issue college credit; and must include | ||
demonstration of
performance through all of the following | ||
activities for each of the Illinois
Professional Teaching | ||
Standards:
| ||
(i) Observation, by the course instructor or | ||
another experienced
teacher, of the new teacher's | ||
classroom practice (the observation may be
recorded |
for later viewing) for the purpose of identifying and | ||
describing how
the new teacher made content meaningful | ||
for students; how the teacher motivated
individuals | ||
and the group and created an environment conducive to | ||
positive
social interactions, active learning, and | ||
self-motivation; what instructional
strategies the | ||
teacher used to encourage students' development of | ||
critical
thinking, problem solving, and performance; | ||
how the teacher communicated using
written, verbal, | ||
nonverbal, and visual communication techniques; and | ||
how the
teacher maintained standards of professional | ||
conduct and provided leadership to
improve students' | ||
learning.
| ||
(ii) Review and analysis, by the course instructor | ||
or another
experienced
teacher, of written | ||
documentation (i.e., lesson plans, assignments, | ||
assessment
instruments, and samples of students' work) | ||
prepared by the new teacher for
at least 2 lessons. The | ||
documentation must provide evidence of classroom
| ||
performance related to Illinois Professional Teaching | ||
Standards 1 through 9,
with an emphasis on how the | ||
teacher used his or her understanding of students,
| ||
assessment data, and subject matter to decide on | ||
learning goals; how the
teacher designed or selected | ||
activities and instructional materials and
aligned | ||
instruction to the relevant Illinois Learning |
Standards; how the
teacher adapted or modified | ||
curriculum to meet individual students' needs;
and how | ||
the teacher sequenced instruction and designed or | ||
selected student
assessment strategies.
| ||
(iii) Demonstration of professional expertise on | ||
the part of the new
teacher in reflecting on his or her | ||
practice, which was observed under clause
(B)(i) of | ||
this paragraph (2) and documented under clause (B)(ii) | ||
of this
paragraph (2), in terms of teaching strengths, | ||
weaknesses, and implications
for improvement according | ||
to the Illinois Professional Teaching Standards.
| ||
(C) Successful completion of a minimum of 4 semester | ||
hours of
graduate-level coursework addressing preparation | ||
to meet the requirements
for certification by the National | ||
Board for Professional Teaching Standards
(NBPTS). The | ||
coursework must be approved by the State Board of | ||
Education, in
consultation with the State Teacher | ||
Certification Board, and must be offered
either by an | ||
institution of higher education, by such an institution in
| ||
partnership with a teachers' association or union or with a | ||
regional office
of education, or by another entity | ||
authorized to issue college credit. The
course must address | ||
the 5 NBPTS Core Propositions and relevant standards
| ||
through such means as the following:
| ||
(i) Observation, by the course instructor or | ||
another experienced
teacher, of the new teacher's |
classroom practice (the observation may be
recorded | ||
for later viewing) for the purpose of identifying and | ||
describing how
the new teacher made content meaningful | ||
for students; how the teacher motivated
individuals | ||
and the group and created an environment conducive to | ||
positive
social interactions, active learning, and | ||
self-motivation; what instructional
strategies the | ||
teacher used to encourage students' development of | ||
critical
thinking, problem solving, and
performance; | ||
how the teacher communicated using written, verbal, | ||
nonverbal, and
visual communication techniques; and | ||
how the teacher maintained standards of
professional | ||
conduct and provided leadership to improve students' | ||
learning.
| ||
(ii) Review and analysis, by the course instructor | ||
or another
experienced
teacher, of written | ||
documentation (i.e., lesson plans, assignments, | ||
assessment
instruments, and samples of students' work) | ||
prepared by the new teacher for
at least 2 lessons. The | ||
documentation must provide evidence of classroom
| ||
performance, including how the teacher used his or her | ||
understanding of
students, assessment data, and | ||
subject matter to decide on learning goals;
how the | ||
teacher designed or selected activities and | ||
instructional materials
and aligned instruction to the | ||
relevant Illinois Learning Standards; how
the teacher |
adapted or modified curriculum to meet individual | ||
students' needs;
and how the teacher sequenced | ||
instruction and designed or selected student
| ||
assessment strategies.
| ||
(iii) Demonstration of professional expertise on | ||
the part of the new
teacher in reflecting on his or her | ||
practice, which was observed under clause
(C)(i) of | ||
this paragraph (2) and documented under clause (C)(ii) | ||
of this
paragraph (2), in terms of teaching strengths, | ||
weaknesses, and implications
for improvement.
| ||
(C-5) Satisfactory completion of a minimum of 12 | ||
semester hours of graduate credit towards an advanced | ||
degree in an education-related field from an accredited | ||
institution of higher education.
| ||
(D)
Receipt of an advanced degree from an accredited | ||
institution of
higher education in an education-related | ||
field that is earned by a person either while he or she | ||
holds an Initial Teaching Certificate or prior to his or | ||
her receipt of that certificate.
| ||
(E) Accumulation of 60 continuing professional | ||
development units
(CPDUs), earned by completing selected | ||
activities that comply with paragraphs
(3) and (4) of this | ||
subsection (c). However, for an individual who holds an
| ||
Initial Teaching Certificate on the effective date of this | ||
amendatory Act of
the 92nd General Assembly, the number of | ||
CPDUs shall be reduced to reflect the
teaching time |
remaining on the Initial Teaching Certificate.
| ||
(F) Completion of a nationally normed, | ||
performance-based assessment, if
made available by the | ||
State Board of Education in consultation with the State
| ||
Teacher Certification Board, provided that the cost to the | ||
person shall not
exceed the cost of the coursework | ||
described in clause (B) of this paragraph
(2).
| ||
(G) Completion of requirements for meeting the | ||
Illinois criteria for becoming "highly qualified" (for | ||
purposes of the No Child Left Behind Act of 2001, Public | ||
Law 107-110) in an additional teaching area. | ||
(H) Receipt of a minimum 12-hour, post-baccalaureate, | ||
education-related professional development certificate | ||
issued by an Illinois institution of higher education and | ||
developed in accordance with rules adopted by the State | ||
Board of Education in consultation with the State Teacher | ||
Certification Board. | ||
(I) Completion of the National Board for Professional | ||
Teaching Standards (NBPTS) process.
| ||
(J) Receipt of a subsequent Illinois certificate or | ||
endorsement pursuant to Article 21 of this Code.
| ||
(3) This paragraph (3) applies only to those persons | ||
required to
successfully complete the requirements of this | ||
paragraph under paragraph (1)
of this subsection (c). Persons | ||
who seek to satisfy the requirements of clause (E) of paragraph | ||
(2) of this subsection (c) through accumulation of CPDUs may |
earn credit through
completion of coursework, workshops, | ||
seminars, conferences, and other similar
training events that | ||
are pre-approved by the State Board of Education, in
| ||
consultation with the State Teacher Certification Board, for | ||
the purpose of
reflection on teaching practices in order to | ||
address all of the Illinois
Professional Teaching Standards | ||
necessary to obtain a Standard Teaching
Certificate. These | ||
activities must meet all of the following requirements:
| ||
(A) Each activity must be designed to advance a | ||
person's knowledge and
skills in relation to one or more of | ||
the Illinois Professional Teaching
Standards or in | ||
relation to the content-area standards applicable to the
| ||
teacher's field of certification.
| ||
(B) Taken together, the activities completed must | ||
address each of the
Illinois Professional Teaching | ||
Standards as provided in clauses (B)(i),
(B)(ii), and | ||
(B)(iii) of paragraph (2) of this subsection (c).
| ||
(C) Each activity must be provided by an entity | ||
approved by the State
Board of Education, in consultation | ||
with the State Teacher Certification Board,
for this | ||
purpose.
| ||
(D) Each activity, integral to its successful | ||
completion, must require
participants to demonstrate the | ||
degree to which they have acquired new
knowledge or skills, | ||
such as through performance, through preparation of a
| ||
written product, through assembling samples of students' |
or teachers' work, or
by some other means that is | ||
appropriate to the subject matter of the activity.
| ||
(E) One CPDU shall be available for each hour of direct | ||
participation
by a holder of an Initial Teaching | ||
Certificate in a qualifying activity.
An activity may be | ||
attributed to more than one of the Illinois Professional
| ||
Teaching Standards, but credit for any activity shall be | ||
counted only once.
| ||
(4) This paragraph (4) applies only to those persons | ||
required to
successfully complete the requirements of this | ||
paragraph under paragraph (1) of
this subsection (c). Persons | ||
who seek to satisfy the requirements of clause (E) of paragraph | ||
(2) of this subsection (c) through accumulation of CPDUs may | ||
earn credit from the following, provided that each activity is | ||
designed to advance a person's
knowledge and skills in relation | ||
to one or more of the Illinois
Professional Teaching Standards | ||
or in relation to the content-area
standards applicable to the | ||
person's field or fields of certification:
| ||
(A) Collaboration and partnership activities related | ||
to improving a
person's knowledge and skills as a teacher, | ||
including all of the following:
| ||
(i) Peer review and coaching.
| ||
(ii) Mentoring in a formal mentoring program, | ||
including service as a
consulting teacher | ||
participating in a remediation process formulated | ||
under
Section 24A-5 of this Code.
|
(iii) Facilitating parent education programs | ||
directly related to
student achievement for a school, | ||
school district, or regional office of
education.
| ||
(iv) Participating in business, school, or | ||
community partnerships
directly related to student | ||
achievement.
| ||
(B) Teaching college or university courses in areas | ||
relevant to a
teacher's field of certification, provided | ||
that the teaching may only be
counted once during the | ||
course of 4 years.
| ||
(C) Conferences, workshops, institutes, seminars, and | ||
symposiums related
to improving a person's knowledge and | ||
skills as a teacher, including all of the
following:
| ||
(i) Completing non-university credit directly | ||
related to student
achievement, the Illinois | ||
Professional Teaching Standards, or content-area
| ||
standards.
| ||
(ii) Participating in or presenting at workshops, | ||
seminars,
conferences, institutes, and symposiums.
| ||
(iii) (Blank).
| ||
(iv) Training as reviewers of university teacher | ||
preparation programs.
| ||
An activity listed in this clause (C) is creditable
| ||
only if its provider is approved for this purpose by the | ||
State Board of
Education, in consultation with the State | ||
Teacher Certification Board.
|
(D) Other educational experiences related to improving | ||
a person's
knowledge and skills as a teacher, including all | ||
of the following:
| ||
(i) Participating in action research and inquiry | ||
projects.
| ||
(ii) Observing programs or teaching in schools, | ||
related businesses, or
industry that is systematic, | ||
purposeful, and relevant to a teacher's field of
| ||
certification.
| ||
(iii)
Participating in study groups related to | ||
student achievement,
the Illinois Professional | ||
Teaching Standards, or content-area standards.
| ||
(iv) Participating in work/learn programs or | ||
internships.
| ||
(v) Developing a portfolio of students' and | ||
teacher's work.
| ||
(E) Professional leadership experiences related to | ||
improving a person's
knowledge and skills as a teacher, | ||
including all of the following:
| ||
(i) Participating in curriculum development or | ||
assessment activities
at the school, school district, | ||
regional office of education, State, or
national level.
| ||
(ii) Participating in team or department | ||
leadership in a school or
school district.
| ||
(iii) (Blank).
| ||
(iv) Publishing educational articles, columns, or |
books relevant to
a teacher's field of certification.
| ||
(v) Participating in non-strike related activities | ||
of a professional
association or labor organization | ||
that are related to professional development.
| ||
(5) A person must complete the requirements of this | ||
subsection (c) before the expiration of his or her Initial
| ||
Teaching Certificate and must submit assurance of having done | ||
so to the regional superintendent of schools or a local
| ||
professional development committee authorized by the regional | ||
superintendent to submit recommendations to him or her for this | ||
purpose.
| ||
Within 30 days after receipt, the regional superintendent | ||
of schools shall review the assurance
of
completion submitted | ||
by a person and, based upon compliance with all of the
| ||
requirements for receipt of a Standard Teaching Certificate, | ||
shall forward to
the State Board of Education a recommendation | ||
for issuance of the Standard Certificate or non-issuance.
The | ||
regional superintendent of schools shall notify the affected | ||
person
if the recommendation is for non-issuance of the | ||
Standard Certificate. A person who is considered not to be | ||
eligible for a Standard Certificate and who has received the | ||
notice of non-issuance may appeal this determination to the | ||
Regional Professional Development Review Committee (RPDRC). | ||
The recommendation of the regional superintendent and the | ||
RPDRC, along with all supporting materials, must then be | ||
forwarded to the State Board of Education for a final |
determination.
| ||
Upon review of a regional superintendent of school's | ||
recommendations, the
State Board of Education shall issue | ||
Standard Teaching Certificates to those
who qualify and shall | ||
notify a person, in writing, of a decision denying a
Standard | ||
Teaching Certificate. Any decision denying issuance of a | ||
Standard
Teaching Certificate to a person may be appealed to | ||
the State Teacher
Certification Board.
| ||
(6) The State Board of Education, in consultation with the | ||
State Teacher
Certification Board, may adopt rules to implement | ||
this subsection (c) and may
periodically evaluate any of the | ||
methods of qualifying for a Standard Teaching
Certificate | ||
described in this subsection (c).
| ||
(7) The changes made to paragraphs (1) through (5) of this | ||
subsection (c) by this amendatory Act of the 93rd General | ||
Assembly shall apply to those persons who hold or are eligible | ||
to hold an Initial Certificate on or after the effective date | ||
of this amendatory Act of the 93rd General Assembly and shall | ||
be given effect upon their application for a Standard | ||
Certificate.
| ||
(8) Beginning July 1, 2004, persons who hold a Standard | ||
Certificate and have acquired one master's degree in an | ||
education-related field are eligible for certificate renewal | ||
upon completion of two-thirds of the continuing education units | ||
specified in subdivision (C) of paragraph (3) of subsection (e) | ||
of Section 21-14 of this Code or of the continuing professional |
development units specified in subdivision (E) of paragraph (3) | ||
of subsection (e) of Section 21-14 of this Code. Persons who | ||
hold a Standard Certificate and have acquired a second master's | ||
degree, an education specialist, or a doctorate in an | ||
education-related field or hold a Master Certificate are | ||
eligible for certificate renewal upon completion of one-third | ||
of the continuing education units specified in subdivision (C) | ||
of paragraph (3) of subsection (e) of Section 21-14 of this | ||
Code or of the continuing professional development units | ||
specified in subdivision (E) of paragraph (3) of subsection (e) | ||
of Section 21-14 of this Code.
| ||
(d) Master Certificate. Persons who have
successfully | ||
achieved National Board certification through the National | ||
Board
for Professional Teaching Standards shall be issued a | ||
Master Certificate, valid
for 10 years and renewable thereafter | ||
every 10 years through compliance with
requirements set forth | ||
by the State Board of Education, in consultation with
the State | ||
Teacher Certification Board. However, each teacher who holds a
| ||
Master Certificate shall be eligible for a teaching position in | ||
this State in
the areas for which he or she holds a Master | ||
Certificate without satisfying any
other requirements of this | ||
Code, except for those requirements pertaining to
criminal | ||
background checks. A holder of a Master Certificate in an area | ||
of science or social science is eligible to teach in any of the | ||
subject areas within those fields, including those taught at | ||
the advanced level, as defined by the State Board of Education |
in consultation with the State Teacher Certification Board. A | ||
teacher who holds a Master Certificate shall be
deemed to meet | ||
State certification renewal requirements in the area or areas
| ||
for which he or she holds a Master Certificate for the 10-year | ||
term of the
teacher's Master Certificate.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 92-796, eff. 8-10-02; | ||
93-679, eff. 6-30-04.)
| ||
(105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
| ||
Sec. 21-14. Registration and renewal of certificates.
| ||
(a) A limited
four-year certificate or a certificate issued | ||
after July 1, 1955, shall
be renewable at its expiration or | ||
within 60 days thereafter by the
county superintendent of | ||
schools having supervision and control over the
school where | ||
the teacher is teaching upon certified evidence of meeting
the | ||
requirements for renewal as required by this Act and prescribed | ||
by
the State Board of Education in consultation with the State
| ||
Teacher Certification Board. An elementary supervisory | ||
certificate
shall not be renewed at the end of the first | ||
four-year period covered by
the certificate unless the holder | ||
thereof has filed certified evidence
with the State Teacher | ||
Certification Board that he has a master's degree
or that he | ||
has earned 8 semester hours of credit in the field of
| ||
educational administration and supervision in a recognized | ||
institution
of higher learning. The holder shall continue to | ||
earn 8 semester hours
of credit each four-year period until |
such time as he has earned a
master's degree.
| ||
All certificates not renewed or registered as herein | ||
provided shall
lapse after a period of 5 years from the | ||
expiration of the last year
of
registration. Such certificates | ||
may be reinstated for a one year period
upon payment of all | ||
accumulated registration fees. Such reinstated
certificates | ||
shall only be renewed: (1) by earning 5 semester hours of
| ||
credit in a recognized institution of higher learning in the | ||
field of
professional education or in courses related to the | ||
holder's contractual
teaching duties; or (2) by presenting | ||
evidence of holding a valid
regular certificate of some other | ||
type. Any certificate may be
voluntarily surrendered by the | ||
certificate holder. A voluntarily
surrendered certificate | ||
shall be treated as a revoked certificate.
| ||
(b) When those teaching certificates issued before | ||
February 15, 2000 are
renewed for the first time after February | ||
15, 2000, all
such
teaching
certificates
shall be exchanged for | ||
Standard Teaching Certificates as provided in subsection
(c) of | ||
Section 21-2. All Initial and Standard Teaching Certificates, | ||
including
those issued to persons who previously held teaching | ||
certificates issued before
February 15, 2000, shall be | ||
renewable under the conditions
set forth
in this
subsection | ||
(b).
| ||
Initial Teaching Certificates are valid for 4 years of | ||
teaching, as provided in subsection (b) of Section 21-2 of this | ||
Code, and are renewable every 4 years until the person |
completes 4 years of teaching. If the holder of an Initial | ||
Certificate has completed 4 years of teaching but has not | ||
completed the requirements set forth in paragraph (2) of | ||
subsection (c) of Section 21-2 of this Code, then the Initial | ||
Certificate may be reinstated for one year, during which the | ||
requirements must be met. A holder of an Initial Certificate | ||
who has not completed 4 years of teaching may continuously | ||
register the certificate for additional 4-year periods without | ||
penalty. Initial Certificates that are not registered shall | ||
lapse consistent with subsection (a) of this Section and may be | ||
reinstated only in accordance with subsection (a).
Standard | ||
Teaching Certificates are renewable every 5 years as provided
| ||
in
subsection (c) of Section 21-2
and subsection (c) of this | ||
Section.
For purposes of this Section, "teaching" is defined as | ||
employment and
performance of
services in an Illinois public or | ||
State-operated elementary school, secondary
school, or
| ||
cooperative or joint agreement with a governing body or board | ||
of control, in a
certificated teaching position, or a charter | ||
school operating in compliance
with the
Charter Schools Law.
| ||
(c) In compliance with subsection (c) of Section 21-2 of | ||
this Code, which
provides that a
Standard
Teaching Certificate | ||
may be renewed by the State Teacher Certification Board
based
| ||
upon proof of continuing professional development, the State | ||
Board of Education
and
the State Teacher Certification Board | ||
shall jointly:
| ||
(1) establish a procedure for renewing Standard |
Teaching Certificates,
which shall include but not be | ||
limited to annual timelines for the renewal
process and the | ||
components set forth in subsections (d) through (k) of this
| ||
Section;
| ||
(2) establish the standards for certificate renewal;
| ||
(3) approve or disapprove the providers of continuing | ||
professional development
activities;
| ||
(4) determine the maximum credit for each category of | ||
continuing
professional development activities, based upon | ||
recommendations submitted by
a continuing professional
| ||
development
activity task force, which shall consist of 6 | ||
staff members from the State
Board of
Education, appointed | ||
by the State Superintendent of Education, and 6 teacher
| ||
representatives, 3 of whom are selected by the Illinois | ||
Education Association
and 3 of
whom are selected by the | ||
Illinois Federation of Teachers;
| ||
(5) designate the type and amount of documentation | ||
required to show that
continuing professional development | ||
activities have been completed; and
| ||
(6) provide, on a timely basis to all Illinois | ||
teachers, certificate
holders, regional superintendents of | ||
schools,
school districts, and others with an interest in | ||
continuing professional
development, information about the | ||
standards and requirements established
pursuant to this | ||
subsection (c).
| ||
(d) Any Standard Teaching Certificate held by an individual |
employed and
performing services in an
Illinois public or | ||
State-operated elementary school, secondary school, or
| ||
cooperative or joint agreement with a governing body or board | ||
of control in a
certificated teaching
position or a
charter | ||
school in compliance with the Charter Schools Law must be | ||
maintained
Valid
and
Active through certificate renewal | ||
activities specified in the certificate
renewal procedure
| ||
established pursuant to subsection (c) of this Section, | ||
provided that
a holder of a Valid
and Active
certificate who is | ||
only employed on either a part-time basis or day-to-day
basis | ||
as a
substitute
teacher shall pay only the required | ||
registration fee to renew his or her
certificate
and maintain | ||
it as Valid and Active. All other Standard Teaching | ||
Certificates
held may be
maintained as
Valid and Exempt through | ||
the registration process provided for in the
certificate | ||
renewal
procedure established pursuant to subsection (c) of | ||
this Section. A Valid and
Exempt
certificate must
be | ||
immediately activated, through procedures developed jointly by | ||
the State
Board of
Education and the State Teacher | ||
Certification Board, upon the certificate
holder
becoming | ||
employed and performing services in an Illinois public or
| ||
State-operated elementary school,
secondary school, or | ||
cooperative or joint agreement with a governing body or
board | ||
of control in a
certificated
teaching position or a charter | ||
school operating in compliance with the Charter
Schools
Law. A | ||
holder of a Valid and Exempt certificate may activate his or |
her
certificate
through procedures provided for in the | ||
certificate renewal procedure
established pursuant to
| ||
subsection (c) of this Section.
| ||
(e)(1) A Standard Teaching Certificate that has been | ||
maintained as Valid
and
Active for the 5 years of the | ||
certificate's validity shall be renewed as Valid
and Active
| ||
upon the certificate holder: (i)
completing an advanced degree | ||
from an approved institution in an
education-related field; | ||
(ii)
completing at least
8 semester hours of
coursework as | ||
described in
subdivision (B) of paragraph (3) of this | ||
subsection (e);
(iii)
(blank); earning at least
24 continuing | ||
education units as described in subdivision (C) of
paragraph | ||
(3)
of this subsection (e); (iv) completing the National Board | ||
for
Professional
Teaching Standards process as described in | ||
subdivision (D) of
paragraph (3) of
this subsection (e); or (v) | ||
earning 120 continuing professional
development
units ("CPDU") | ||
as described in subdivision (E) of paragraph (3) of
this
| ||
subsection (e). The maximum continuing professional | ||
development units for each
continuing professional development | ||
activity identified in subdivisions
(F)
through (J) of | ||
paragraph (3) of this subsection (e) shall be
jointly | ||
determined
by the State Board of Education and the State | ||
Teacher Certification Board.
If, however, the certificate | ||
holder has maintained the certificate
as Valid and
Exempt for a | ||
portion of the 5-year period of validity, the number of
| ||
continuing
professional development units needed to renew the |
certificate as Valid and
Active shall
be proportionately | ||
reduced by the amount of time the certificate was Valid and
| ||
Exempt.
Furthermore, if a certificate holder is employed and | ||
performs teaching services
on a
part-time basis for all or a | ||
portion of the certificate's 5-year period of
validity, the | ||
number
of continuing professional development units needed to | ||
renew the certificate as
Valid
and Active shall be reduced by | ||
50% for the amount of time the certificate
holder has
been | ||
employed and performed teaching services on a part-time basis. | ||
Part-time
shall
be defined as less than 50% of the school day | ||
or school term.
| ||
Notwithstanding any other requirements to the contrary, if | ||
a Standard
Teaching
Certificate has been maintained as Valid | ||
and Active for the 5 years of the
certificate's validity and | ||
the certificate holder has completed his or her
certificate | ||
renewal plan before July 1, 2002, the certificate shall
be | ||
renewed as Valid and Active.
| ||
(2) Beginning July 1, 2004, in order to satisfy the | ||
requirements for continuing professional development provided | ||
for in subsection (c) of Section 21-2 of this Code, each
Valid | ||
and Active Standard Teaching Certificate holder shall
complete | ||
professional development activities that address the | ||
certificate or those certificates that are required of his or | ||
her
certificated
teaching position, if the certificate holder | ||
is employed and performing
services in an Illinois public
or | ||
State-operated elementary school,
secondary school, or |
cooperative or joint agreement with a governing body or
board | ||
of control, or that certificate or those certificates most | ||
closely
related to his or
her teaching position, if the | ||
certificate holder is employed in a charter
school. Except as | ||
otherwise provided in this subsection (e), the certificate | ||
holder's activities must address purposes (A), (B),
(C), or (D) | ||
and must reflect purpose (E) of the following continuing | ||
professional
development purposes:
| ||
(A) Advance both the certificate holder's knowledge | ||
and skills as a
teacher consistent with the Illinois | ||
Professional Teaching Standards and the
Illinois Content | ||
Area Standards in the certificate holder's areas of
| ||
certification,
endorsement, or teaching assignment in | ||
order to keep the certificate holder
current
in those | ||
areas.
| ||
(B) Develop the certificate holder's knowledge and | ||
skills in areas
determined
to be critical for all Illinois | ||
teachers, as defined by the State Board of
Education, known | ||
as "State priorities".
| ||
(C) Address the knowledge, skills, and goals of the | ||
certificate holder's
local
school improvement plan, if the | ||
teacher is employed in an Illinois public
or State-operated | ||
elementary school, secondary school, or cooperative or | ||
joint
agreement with a governing body or board of control.
| ||
(D) Expand the certificate holder's knowledge and | ||
skills in an
additional teaching field or toward
the
|
acquisition of another teaching certificate, endorsement, | ||
or relevant
education degree.
| ||
(E) Address the needs of serving students with | ||
disabilities, including adapting and modifying the general | ||
curriculum related to the Illinois Learning Standards to | ||
meet the needs of students with disabilities and serving | ||
such students in the least restrictive environment. | ||
Teachers who hold certificates endorsed for special | ||
education must devote at least 50% of their continuing | ||
professional development activities to this purpose. | ||
Teachers holding other certificates must devote at least | ||
20% of their activities to this purpose.
| ||
A speech-language pathologist or audiologist who is
| ||
licensed under the Illinois Speech-Language Pathology and
| ||
Audiology Practice Act and who has met the continuing
education | ||
requirements of that Act and the rules promulgated
under that | ||
Act shall be deemed to have satisfied the continuing
| ||
professional development requirements established by the State
| ||
Board of Education and the Teacher Certification Board to renew
| ||
a Standard Certificate.
| ||
(3) Continuing professional development activities may | ||
include, but are not limited to, the following activities:
| ||
(A) completion of an advanced degree from an approved | ||
institution
in an education-related field;
| ||
(B) at
least 8 semester hours of coursework
in an | ||
approved education-related program, of which at least 2 |
semester
hours relate
to the continuing professional | ||
development purpose set forth in purpose (A) of
paragraph | ||
(2) of this subsection (e), completion of which means no
| ||
other continuing professional development activities are | ||
required;
| ||
(C) (blank); continuing education units that satisfy | ||
the continuing
professional
development purposes set forth | ||
in paragraph (2) of this subsection (e), with
each | ||
continuing education unit equal to 5
clock
hours, provided | ||
that a plan that includes at least 24 continuing
education | ||
units (or 120 clock/contact hours) need not
include any | ||
other continuing professional development activities;
| ||
(D) completion of the National Board for
Professional | ||
Teaching
Standards
("NBPTS") process for certification or | ||
recertification, completion of which means no other | ||
continuing professional development activities are | ||
required;
| ||
(E) completion of 120 continuing professional | ||
development
units that
satisfy the continuing professional | ||
development purposes set forth in
paragraph (2) of this | ||
subsection (e) and may include without limitation
the | ||
activities identified in subdivisions (F) through
(J) of | ||
this paragraph
(3);
| ||
(F) collaboration and partnership activities related | ||
to
improving the
teacher's knowledge and skills as a | ||
teacher, including the following:
|
(i) participating on collaborative planning and | ||
professional
improvement
teams and committees;
| ||
(ii) peer review and coaching;
| ||
(iii) mentoring in a formal mentoring program, | ||
including service as a
consulting teacher | ||
participating in a remediation
process formulated | ||
under Section 24A-5 of this Code;
| ||
(iv) participating in site-based management or | ||
decision making teams,
relevant committees, boards, or | ||
task forces directly related to school
improvement | ||
plans;
| ||
(v) coordinating community resources in schools, | ||
if the project is a
specific goal of the school | ||
improvement plan;
| ||
(vi) facilitating parent education programs for a | ||
school, school
district, or
regional office of | ||
education directly related to student achievement or
| ||
school improvement plans;
| ||
(vii) participating in business, school, or | ||
community partnerships
directly
related to student | ||
achievement or school improvement plans; or
| ||
(viii) supervising a student teacher or teacher | ||
education candidate in
clinical supervision, provided | ||
that the supervision may only be counted
once during | ||
the course of 5 years;
| ||
(G) college or university coursework related to |
improving the
teacher's
knowledge and skills as a teacher | ||
as follows:
| ||
(i) completing undergraduate or graduate credit | ||
earned from a
regionally
accredited institution in | ||
coursework relevant to the certificate area being
| ||
renewed,
including coursework that incorporates | ||
induction activities and
development of a portfolio of | ||
both student and teacher work that
provides experience | ||
in reflective practices,
provided the coursework meets | ||
Illinois Professional Teaching Standards
or Illinois | ||
Content Area Standards and
supports the essential | ||
characteristics of quality professional development; | ||
or
| ||
(ii) teaching college or university courses in | ||
areas relevant to the
certificate area being renewed, | ||
provided that the teaching may only be
counted once | ||
during the course of 5 years;
| ||
(H) conferences, workshops, institutes, seminars, and
| ||
symposiums related
to improving the teacher's knowledge | ||
and skills as a teacher, subject to disapproval of the | ||
activity or event by the State Teacher Certification Board | ||
acting jointly with the State Board of Education,
including
| ||
the following:
| ||
(i) completing non-university credit directly | ||
related to student
achievement, school improvement | ||
plans, or State priorities;
|
(ii) participating in or presenting at workshops, | ||
seminars,
conferences,
institutes, and symposiums;
| ||
(iii) training as external reviewers for Quality | ||
Assurance; or
| ||
(iv) training as reviewers of university teacher | ||
preparation programs.
| ||
A teacher, however, may not receive credit for conferences, | ||
workshops, institutes, seminars, or symposiums that are | ||
designed for entertainment, promotional, or commercial | ||
purposes or that are solely inspirational or motivational. | ||
The State Superintendent of Education and regional | ||
superintendents of schools are authorized to review the | ||
activities and events provided or to be provided under this | ||
subdivision (H) and to investigate complaints regarding | ||
those activities and events, and either the State | ||
Superintendent of Education or a regional superintendent | ||
of schools may recommend that the State Teacher | ||
Certification Board and the State Board of Education | ||
jointly disapprove those activities and events considered | ||
to be inconsistent with this subdivision (H);
| ||
(I) other educational experiences related to improving | ||
the
teacher's
knowledge and skills as a teacher, including | ||
the following:
| ||
(i) participating in action research and inquiry | ||
projects;
| ||
(ii) observing programs or teaching in schools, |
related businesses, or
industry that is systematic, | ||
purposeful, and relevant to certificate renewal;
| ||
(iii) traveling related to one's teaching | ||
assignment, directly related to
student achievement or | ||
school improvement plans and approved by the regional | ||
superintendent of schools or his or her designee at | ||
least
30 days prior to the travel experience,
provided | ||
that the traveling shall not include time spent | ||
commuting to
destinations where the learning | ||
experience will occur;
| ||
(iv) participating in study groups related to | ||
student achievement or
school
improvement plans;
| ||
(v) serving on a statewide education-related | ||
committee, including but
not
limited to the State | ||
Teacher Certification Board, State Board of Education
| ||
strategic agenda teams, or the State Advisory Council | ||
on Education of
Children with Disabilities;
| ||
(vi) participating in work/learn programs or | ||
internships; or
| ||
(vii) developing a portfolio of student and | ||
teacher work;
| ||
(J) professional leadership experiences related to | ||
improving
the teacher's
knowledge and skills as a teacher, | ||
including the following:
| ||
(i) participating in curriculum development or | ||
assessment activities
at the
school, school district, |
regional office of education, State, or national
| ||
level;
| ||
(ii) participating in team or department | ||
leadership in a school or
school
district;
| ||
(iii) participating on external or internal school | ||
or school district
review
teams;
| ||
(iv) publishing educational articles, columns, or | ||
books relevant to
the
certificate area being renewed; | ||
or
| ||
(v) participating in non-strike related | ||
professional association or
labor organization
service | ||
or
activities related to professional development;
| ||
(K) receipt of a subsequent Illinois certificate or | ||
endorsement pursuant to this Article;
| ||
(L) completion of requirements for meeting the | ||
Illinois criteria for becoming "highly qualified" (for | ||
purposes of the No Child Left Behind Act of 2001, Public | ||
Law 107-110) in an additional teaching area;
| ||
(M) successful completion of 4 semester hours of | ||
graduate-level coursework on the assessment of one's own | ||
performance in relation to the Illinois Teaching | ||
Standards, as described in clause (B) of paragraph (2) of | ||
subsection (c) of Section 21-2 of this Code; or | ||
(N) successful completion of a minimum of 4 semester | ||
hours of graduate-level coursework addressing preparation | ||
to meet the requirements for certification by the National |
Board for Professional Teaching Standards, as described in | ||
clause (C) of paragraph (2) of subsection (c) of Section | ||
21-2 of this Code.
| ||
(4) A person must complete the requirements of this | ||
subsection (e) before the expiration of his or her Standard | ||
Teaching Certificate and must submit assurance to the regional | ||
superintendent of schools or, if applicable, a local | ||
professional development committee authorized by the regional | ||
superintendent to submit recommendations to him or her for this | ||
purpose. The statement of assurance shall contain a list of the | ||
activities completed, the provider offering each activity, the | ||
number of credits earned for each activity, and the purposes to | ||
which each activity is attributed. The certificate holder shall | ||
maintain the evidence of completion of each activity for at | ||
least one certificate renewal cycle. The certificate holder | ||
shall affirm under penalty of perjury that he or she has | ||
completed the activities listed and will maintain the required | ||
evidence of completion. The State Board of Education or the | ||
regional superintendent of schools for each region shall | ||
conduct random audits of assurance statements and supporting | ||
documentation.
| ||
(5) (Blank).
| ||
(6) (Blank).
| ||
(f) Notwithstanding any other provisions of this Code, a | ||
school district is authorized to enter into an agreement with | ||
the exclusive bargaining representative, if any, to form a |
local professional development committee (LPDC). The | ||
membership and terms of members of the LPDC may be determined | ||
by the agreement. Provisions regarding LPDCs contained in a | ||
collective bargaining agreement in existence on the effective | ||
date of this amendatory Act of the 93rd General Assembly | ||
between a school district and the exclusive bargaining | ||
representative shall remain in full force and effect for the | ||
term of the agreement, unless terminated by mutual agreement. | ||
The LPDC shall make recommendations to the regional | ||
superintendent of schools on renewal of teaching certificates. | ||
The regional superintendent of schools for each region shall
| ||
perform
the following functions:
| ||
(1)
review recommendations for certificate renewal, if | ||
any, received from LPDCs;
| ||
(2) (blank);
| ||
(3) (blank);
| ||
(4) (blank);
| ||
(5) determine whether certificate holders have met the
| ||
requirements for certificate renewal and notify | ||
certificate holders
if the decision is not to renew the | ||
certificate;
| ||
(6) provide a certificate holder with the opportunity | ||
to appeal a recommendation made by a LPDC, if any, not to | ||
renew the certificate to the regional professional | ||
development review committee;
| ||
(7) issue and forward recommendations for renewal or |
nonrenewal
of certificate holders' Standard Teaching | ||
Certificates to the State Teacher Certification Board; and
| ||
(8) (blank).
| ||
(g)(1) Each regional superintendent of schools shall | ||
review and concur or
nonconcur
with each recommendation for | ||
renewal or nonrenewal of a Standard Teaching
Certificate he or | ||
she receives from a local professional development committee, | ||
if any,
or, if
a certificate
holder appeals the recommendation | ||
to the regional professional development
review committee, the
| ||
recommendation for renewal or nonrenewal he or she receives | ||
from a regional
professional
development review committee and, | ||
within 14 days of receipt of the
recommendation,
shall
provide | ||
the State Teacher Certification Board with verification of the
| ||
following, if applicable:
| ||
(A) the certificate holder has satisfactorily | ||
completed professional development and continuing | ||
education activities set forth in paragraph (3) of | ||
subsection (e) of this Section;
| ||
(B) the certificate holder has submitted the statement | ||
of assurance required under paragraph (4) of subsection (e) | ||
of this Section, and this statement has been attached to | ||
the application for renewal;
| ||
(C) the local professional development committee, if | ||
any, has recommended the
renewal of the certificate | ||
holder's Standard Teaching Certificate and
forwarded the | ||
recommendation to the regional superintendent of schools;
|
(D) the certificate holder has appealed his or her | ||
local professional
development committee's recommendation | ||
of nonrenewal, if any, to the regional
professional | ||
development review committee and the result of that appeal;
| ||
(E) the regional superintendent of schools has | ||
concurred or nonconcurred
with
the
local professional | ||
development committee's or regional professional
| ||
development review committee's recommendation, if any, to | ||
renew or nonrenew the
certificate holder's Standard | ||
Teaching Certificate and made a
recommendation to that | ||
effect; and
| ||
(F) the established registration fee for the Standard | ||
Teaching
Certificate has
been paid.
| ||
If
the notice required by this subsection
(g) includes a | ||
recommendation of certificate nonrenewal, then, at the same | ||
time the regional superintendent of schools provides the State | ||
Teacher Certification Board with the notice, he or she
shall
| ||
also notify the
certificate holder in writing, by certified | ||
mail, return receipt requested, that
this notice has been | ||
provided to the
State
Teacher
Certification Board.
| ||
(2) Each certificate holder shall have the right to appeal
| ||
his or her
local
professional development committee's | ||
recommendation of nonrenewal, if any, to the
regional
| ||
professional development review committee, within 14 days of | ||
receipt of notice
that the
recommendation has
been sent to the | ||
regional superintendent of schools. Each regional
|
superintendent of schools shall
establish a regional | ||
professional development review committee or committees
for | ||
the
purpose of
advising the regional superintendent of schools, | ||
upon request, and handling
certificate
holder appeals. This | ||
committee shall
consist of at least 4 classroom teachers, one | ||
non-administrative
certificated
educational
employee, 2 | ||
administrators, and one at-large member who shall be either (i) | ||
a
parent, (ii)
a member of the business community, (iii) a | ||
community member, or (iv) an
administrator, with preference | ||
given to an individual chosen from among those
persons
listed | ||
in items (i), (ii), and (iii) in order to secure representation | ||
of an
interest not already
represented on the committee. The | ||
teacher and non-administrative certificated
educational | ||
employee members of the review committee shall be selected by | ||
their
exclusive representative, if any, and the administrators | ||
and at-large member
shall be
selected by the regional | ||
superintendent of schools. A regional superintendent
of | ||
schools
may add additional members to the committee, provided | ||
that the same proportion
of
teachers to administrators and | ||
at-large members on the committee is maintained. Any
additional | ||
teacher and non-administrative certificated educational | ||
employee members
shall be selected by their exclusive | ||
representative, if any. Vacancies in positions on a
regional | ||
professional development review committee shall be filled in | ||
the same manner
as the original selections. Committee members | ||
shall serve staggered 3-year terms. All
individuals selected to |
serve on regional professional development review committees
| ||
must be known to demonstrate the best practices in teaching or | ||
their respective
field of
practice.
| ||
(h)(1) The State Teacher Certification Board shall review | ||
the regional
superintendent of schools' recommendations to | ||
renew or nonrenew Standard
Teaching Certificates
and notify | ||
certificate holders in writing whether their certificates have
| ||
been renewed or
nonrenewed within 90 days of receipt of the | ||
recommendations,
unless a certificate holder has appealed a | ||
regional
superintendent of schools'
recommendation of | ||
nonrenewal, as provided in paragraph (2) of this subsection
| ||
(h). The State Teacher Certification Board shall verify that | ||
the
certificate holder
has met the renewal criteria set forth | ||
in paragraph (1) of subsection (g) of
this Section.
| ||
(2) Each certificate holder shall have the right to appeal | ||
a regional
superintendent of school's recommendation to | ||
nonrenew his or her Standard
Teaching Certificate
to
the State | ||
Teacher Certification Board, within 14 days of receipt of | ||
notice that
the
decision has been sent to the State Teacher | ||
Certification Board, which shall
hold an
appeal hearing within | ||
60 days of receipt of the appeal. When such an appeal is
taken,
| ||
the certificate holder's Standard Teaching Certificate shall | ||
continue to be
valid until the
appeal is finally determined. | ||
The State Teacher Certification Board shall
review the
regional | ||
superintendent of school's recommendation, the regional | ||
professional
development review committee's recommendation, if |
any, and the local
professional
development committee's | ||
recommendation, if any, and all relevant documentation to | ||
verify
whether the certificate holder has met the renewal | ||
criteria set forth in
paragraph (1) of
subsection (g) of this | ||
Section. The State Teacher Certification Board may
request that
| ||
the certificate holder appear before it. All actions taken by | ||
the State
Teacher
Certification Board shall require a quorum | ||
and be by a simple majority of those
present and voting.
A | ||
record of
all votes
shall be maintained. The State Teacher | ||
Certification Board shall notify the
certificate
holder in | ||
writing, within 7 days of completing the review, whether his or | ||
her
Standard
Teaching Certificate has been renewed or | ||
nonrenewed, provided that if the State
Teacher
Certification | ||
Board determines to nonrenew a certificate, the written notice
| ||
provided to
the certificate holder shall be by certified mail, | ||
return receipt requested.
All certificate
renewal or | ||
nonrenewal decisions of the State Teacher Certification Board | ||
are
final and
subject to administrative review, as set forth in | ||
Section 21-24 of this Code.
| ||
(i) Holders of Master Teaching Certificates shall meet the | ||
same
requirements
and follow the same procedures as holders of | ||
Standard Teaching Certificates,
except
that their renewal | ||
cycle shall be as set forth in subsection (d) of Section
21-2 | ||
of this
Code and their renewal requirements shall be subject to | ||
paragraph (8) of subsection (c) of Section 21-2 of this Code.
| ||
A holder of a
teaching certificate endorsed as a |
speech-language pathologist who
has been granted the | ||
Certificate of Clinical Competence by the
American | ||
Speech-Language Hearing Association may renew his or her
| ||
Standard Teaching Certificate pursuant to the 10-year renewal | ||
cycle set
forth in subsection (d) of Section 21-2 of this Code.
| ||
(j) Holders of Valid and Exempt Standard and Master | ||
Teaching Certificates
who are not employed and performing | ||
services in an Illinois public or
State-operated
elementary | ||
school, secondary school, or cooperative or joint agreement | ||
with a
governing body or board of control, in a certificated | ||
teaching position,
may
voluntarily activate their certificates | ||
through the regional superintendent of schools of the regional | ||
office of
education for the geographic area where their | ||
teaching is done. These certificate holders shall follow the | ||
same renewal
criteria
and procedures as all other Standard and | ||
Master Teaching Certificate holders,
except
that their | ||
continuing professional development activities need not
| ||
reflect or
address the knowledge, skills, and goals of a local | ||
school improvement plan.
| ||
(k) (Blank).
| ||
(l) (Blank).
| ||
(m) The changes made to this Section by this amendatory Act | ||
of the 93rd General Assembly that affect renewal of Standard | ||
and Master Certificates shall apply to those persons who hold | ||
Standard or Master Certificates on or after the effective date | ||
of this amendatory Act of the 93rd General Assembly and shall |
be given effect upon renewal of those certificates.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(105 ILCS 5/27-23) (from Ch. 122, par. 27-23)
| ||
Sec. 27-23. Motor Vehicle Code. The curriculum in all | ||
public schools
shall include a course dealing with the content | ||
of Chapters 11, 12, 13, 15,
and 16 of the Illinois Vehicle | ||
Code, the rules and regulations adopted pursuant
to those | ||
Chapters insofar as they pertain to the operation of motor | ||
vehicles,
and the portions of the Litter Control Act relating | ||
to the operation of motor
vehicles. Instruction shall be given | ||
in safety education in each grade, 1
through 8, equivalent to 1 | ||
class period each week, and in at least 1 of the
years in | ||
grades 10 through 12. The course of instruction required of | ||
each
eligible student at the high school level shall consist of | ||
a minimum of 30
clock hours of classroom instruction taught by | ||
a certified high school teacher
who has acquired special | ||
qualifications as required for participation under the
terms of | ||
Section 27-24.2 of this Act. Each school district maintaining
| ||
grades 9 through 12: (i) shall provide the classroom course for | ||
each public
and non-public high school student resident of the | ||
school district who either
has received a passing grade in at | ||
least 8 courses during the previous 2
semesters or has received | ||
a waiver of that requirement from the local
superintendent of | ||
schools (with respect to a public high school student) or
chief | ||
school administrator (with respect to a non-public high school |
student),
as provided in Section 27-24.2, and for each | ||
out-of-school resident of the
district between the age of 15 | ||
and 21 years who requests the classroom course,
and (ii) may | ||
provide such classroom course for any resident of the district
| ||
over age 55 who requests the classroom course, but only if | ||
space therein
remains available after all eligible public and | ||
non-public high school student
residents and out-of-school | ||
residents between the age of 15 and 21 who request
such course | ||
have registered therefor, and only if such resident of the | ||
district
over age 55 has not previously been licensed as a | ||
driver under the laws of this
or any other state or country. | ||
Each school district (i) shall provide an
approved course in | ||
practice driving consisting of a minimum of 6 clock hours of
| ||
individual behind-the-wheel instruction or its equivalent in a | ||
car, as
determined by the State Board of Education, for each | ||
eligible resident of the
district between the age of 15 and 21 | ||
years who has started an approved high
school classroom driver | ||
education course on request, and (ii) may provide such
approved | ||
course in practice driving for any resident of the district | ||
over age
55 on request and without regard to whether or not | ||
such resident has started
any high school classroom driver | ||
education course, but only if space therein
remains available | ||
after all eligible residents of the district between the ages
| ||
of 15 and 21 years who have started an approved classroom | ||
driver education
course and who request such course in practice | ||
driving have registered
therefor, and only if such resident of |
the district over age 55 has not
previously been licensed as a | ||
driver under the laws of this or any other state
or country. | ||
Subject to rules and regulations of the State Board of | ||
Education,
the district may charge a reasonable fee, not to | ||
exceed
$50, to students who
participate in the course, unless a | ||
student is unable to pay for such a course,
in which event the | ||
fee for such a student shall be waived. The total amount from | ||
driver education fees and reimbursement from the State for | ||
driver education must not exceed the total cost of the driver | ||
education program in any year and must be deposited into the | ||
school district's driver education fund as a separate line item | ||
budget entry. All moneys deposited into the school district's | ||
driver education fund must be used solely for the funding of a | ||
high school driver education program approved by the State | ||
Board of Education that uses instructors certified by the State | ||
Board of Education. If a
district provides the classroom or | ||
practice driving course or both of such
courses to any | ||
residents of the district over age 55, the district may charge
| ||
such residents a fee in any amount up to but not exceeding the | ||
actual cost of
the course or courses in which such residents | ||
participate. The course of
instruction given in grades 10 | ||
through 12 shall include an emphasis on the
development of | ||
knowledge, attitudes, habits and skills necessary for the safe
| ||
operation of motor vehicles including motorcycles insofar as | ||
they can be taught
in the classroom, and in addition the course | ||
shall include instruction on
special hazards existing at, and |
required extra safety and driving precautions
that must be | ||
observed at, emergency situations, highway construction and
| ||
maintenance zones, and
railroad crossings and the approaches | ||
thereto.
| ||
(Source: P.A. 94-426, eff. 1-1-06.)
| ||
(105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4)
| ||
Sec. 27-24.4. Reimbursement amount. Each school district | ||
shall be entitled
to reimbursement, for each pupil, excluding | ||
each resident of the district
over age 55, who finishes either | ||
the classroom instruction
part or the practice driving part of | ||
a
driver education course that meets the minimum requirements | ||
of this Act.
However, if a school district has adopted a policy | ||
to permit proficiency examinations for the practice driving | ||
part of the driver education course as provided under Section | ||
27-24.3, then the school district is entitled to only one-half | ||
of the reimbursement amount for the practice driving part for | ||
each pupil who has passed the proficiency examination, and the | ||
State Board of Education shall adjust the reimbursement formula | ||
accordingly. Reimbursement under this Act is payable from
the | ||
Drivers Education Fund in the State treasury.
| ||
Each year all funds appropriated from the Drivers
Education | ||
Fund to the
State Board of Education, with the exception of | ||
those funds necessary for
administrative purposes of the State | ||
Board of Education, shall be distributed
in the manner provided | ||
in this paragraph to school districts by the State Board of |
Education for reimbursement of
claims from the previous school | ||
year. As soon as may be after each quarter of the year, if | ||
moneys are available in the Drivers
Education Fund in the State | ||
treasury for payments under this Section, the State Comptroller | ||
shall draw his or her warrants upon the State Treasurer as | ||
directed by the State Board of Education. The warrant for each | ||
quarter shall be in an amount equal to one-fourth of the total | ||
amount to be distributed to school districts for the year. | ||
Payments shall be made to school districts as soon as may be | ||
after receipt of the warrants.
| ||
The base reimbursement amount shall be calculated by the | ||
State Board by
dividing the total amount appropriated for | ||
distribution by the total of:
(a) the number of students, | ||
excluding residents of the district over age
55, who have | ||
completed the classroom instruction
part for whom valid claims | ||
have been made times 0.2; plus (b) the number
of students, | ||
excluding residents of the district over age 55, who have
| ||
completed the practice driving instruction part for whom valid | ||
claims have
been made times 0.8.
| ||
The amount of reimbursement to be distributed on each claim | ||
shall be 0.2
times the base reimbursement amount for each | ||
validly claimed student,
excluding residents of the district | ||
over age 55, who
has completed the classroom instruction part, | ||
plus 0.8 times the base reimbursement
amount for each validly | ||
claimed student, excluding residents of the
district over age | ||
55, who has completed the practice driving
instruction part. |
The school district which is the residence of
a pupil who | ||
attends a nonpublic school in another district that has | ||
furnished the driver
education course shall reimburse the | ||
district offering the course, the
difference between the actual | ||
per capita cost of giving the course the
previous school year | ||
and the amount reimbursed by the State.
| ||
By April 1 the
nonpublic school shall notify the district | ||
offering the course of the
names and district numbers of the | ||
nonresident students desiring to take
such course the next | ||
school year. The district offering such course shall
notify the | ||
district of residence of those students affected by April 15.
| ||
The school district furnishing the course may claim the | ||
nonresident pupil
for the purpose of making a claim for State | ||
reimbursement under this Act.
| ||
(Source: P.A. 94-440, eff. 8-4-05; 94-525, eff. 1-1-06; 95-331, | ||
eff. 8-21-07.)
| ||
(105 ILCS 5/34-18.34)
| ||
Sec. 34-18.34. Student biometric information.
| ||
(a) For the purposes of this Section, "biometric | ||
information" means any information that is collected through an | ||
identification process for individuals based on their unique | ||
behavioral or physiological characteristics, including | ||
fingerprint, hand geometry, voice, or facial recognition or | ||
iris or retinal scans. | ||
(b) If the school district collects biometric information |
from students, the district shall adopt a policy that requires, | ||
at a minimum, all of the following: | ||
(1) Written permission from the individual who has | ||
legal custody of the student, as defined in Section | ||
10-20.12b of this Code, or from the student if he or she | ||
has reached the age of 18. | ||
(2) The discontinuation of use of a student's biometric | ||
information under either of the following conditions: | ||
(A) upon the student's graduation or withdrawal | ||
from the school district; or | ||
(B) upon receipt in writing of a request for | ||
discontinuation by the individual having legal custody | ||
of the student or by the student if he or she has | ||
reached the age of 18. | ||
(3) The destruction of all of a student's biometric | ||
information within 30 days after the use of the biometric | ||
information is discontinued in accordance with item (2) of | ||
this subsection (b). | ||
(4) The use of biometric information solely for | ||
identification or fraud prevention. | ||
(5) A prohibition on the sale, lease, or other | ||
disclosure of biometric information to another person or | ||
entity, unless: | ||
(A) the individual who has legal custody of the | ||
student or the student, if he or she has reached the | ||
age of 18, consents to the disclosure; or |
(B) the disclosure is required by court order. | ||
(6) The storage, transmittal, and protection of all | ||
biometric information from disclosure. | ||
(c) Failure to provide written consent under item (1) of | ||
subsection (b) of this Section by the individual who has legal | ||
custody of the student or by the student, if he or she has | ||
reached the age of 18, must not be the basis for refusal of any | ||
services otherwise available to the student.
| ||
(d) Student biometric information may be destroyed without | ||
notification to or the approval of a local records commission | ||
under the Local Records Act if destroyed within 30 days after | ||
the use of the biometric information is discontinued in | ||
accordance with item (2) of subsection (b) of this Section. | ||
(Source: P.A. 95-232, eff. 8-16-07.) | ||
Section 6. The Illinois School Student Records Act is | ||
amended by changing Section 6 as follows:
| ||
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
| ||
Sec. 6. (a) No school student records or information
| ||
contained therein may be released, transferred, disclosed or | ||
otherwise
disseminated, except as follows:
| ||
(1) To a parent or student or person specifically
| ||
designated as a representative by a parent, as provided in | ||
paragraph (a)
of Section 5;
| ||
(2) To an employee or official of the school or
school |
district or State Board with current demonstrable | ||
educational
or administrative interest in the student, in | ||
furtherance of such interest;
| ||
(3) To the official records custodian of another school | ||
within
Illinois or an official with similar | ||
responsibilities of a school
outside Illinois, in which the | ||
student has enrolled, or intends to enroll,
upon the | ||
request of such official or student;
| ||
(4) To any person for the purpose of research,
| ||
statistical reporting or planning, provided that no | ||
student or parent can be
identified from the information | ||
released and the person to whom the
information is released | ||
signs an affidavit agreeing to comply with all
applicable | ||
statutes and rules pertaining to school student records;
| ||
(5) Pursuant to a court order, provided that the
parent | ||
shall be given prompt written notice upon receipt
of such | ||
order of the terms of the order, the nature and
substance | ||
of the information proposed to be released
in compliance | ||
with such order and an opportunity to
inspect and copy the | ||
school student records and to
challenge their contents | ||
pursuant to Section 7;
| ||
(6) To any person as specifically required by State
or | ||
federal law;
| ||
(6.5) To juvenile authorities
when necessary for the | ||
discharge of their official duties
who request information | ||
prior to
adjudication of the student and who certify in |
writing that the information
will not be disclosed to any | ||
other party except as provided under law or order
of court. | ||
For purposes of this Section "juvenile authorities" means:
| ||
(i) a judge of
the circuit court and members of the staff | ||
of the court designated by the
judge; (ii) parties to the | ||
proceedings under the Juvenile Court Act of 1987 and
their | ||
attorneys; (iii) probation
officers and court appointed | ||
advocates for the juvenile authorized by the judge
hearing | ||
the case; (iv) any individual, public or private agency | ||
having custody
of the child pursuant to court order; (v) | ||
any individual, public or private
agency providing | ||
education, medical or mental health service to the child | ||
when
the requested information is needed to determine the | ||
appropriate service or
treatment for the minor; (vi) any | ||
potential placement provider when such
release
is | ||
authorized by the court for the limited purpose of | ||
determining the
appropriateness of the potential | ||
placement; (vii) law enforcement officers and
prosecutors;
| ||
(viii) adult and juvenile prisoner review boards; (ix) | ||
authorized military
personnel; (x)
individuals authorized | ||
by court;
| ||
(7) Subject to regulations of the State Board,
in | ||
connection with an emergency, to appropriate persons
if the | ||
knowledge of such information is necessary to protect
the | ||
health or safety of the student or other
persons;
| ||
(8) To any person, with the prior specific dated
|
written consent of the parent designating the person
to | ||
whom the records may be released, provided that at
the time | ||
any such consent is requested or obtained,
the parent shall | ||
be advised in writing that he has the right
to inspect and | ||
copy such records in accordance with Section 5, to
| ||
challenge their contents in accordance with Section 7 and | ||
to limit any such
consent to
designated records or | ||
designated portions of the information contained
therein;
| ||
(9) To a governmental agency, or social service agency | ||
contracted by a
governmental agency, in furtherance of an | ||
investigation of a student's school
attendance pursuant to | ||
the compulsory student attendance laws of this State,
| ||
provided that the records are released to the employee or | ||
agent designated by
the agency;
| ||
(10) To those SHOCAP committee members who fall within | ||
the meaning of
"state and local officials and authorities", | ||
as those terms are used within the
meaning of the federal | ||
Family Educational Rights and Privacy Act, for
the
purposes | ||
of identifying serious habitual juvenile offenders and | ||
matching those
offenders with community resources pursuant | ||
to Section 5-145 of the Juvenile
Court Act of 1987, but | ||
only to the extent that the release, transfer,
disclosure, | ||
or dissemination is consistent with the Family Educational | ||
Rights
and Privacy Act; or
| ||
(11) To the Department of Healthcare and Family | ||
Services in furtherance of the
requirements of Section |
2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | ||
Section 10 of the School Breakfast and Lunch
Program Act.
| ||
(12) To the State Board or another State government | ||
agency or between or among State government agencies in | ||
order to evaluate or audit federal and State programs or | ||
perform research and planning, but only to the extent that | ||
the release, transfer, disclosure, or dissemination is | ||
consistent with the federal Family Educational Rights and | ||
Privacy Act (20 U.S.C. 1221 et seq.). | ||
(b) No information may be released pursuant to | ||
subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | ||
unless the parent receives
prior written notice of the nature | ||
and substance of the information
proposed to be released, and | ||
an opportunity to inspect
and copy such records in accordance | ||
with Section 5 and to
challenge their contents in accordance | ||
with Section 7. Provided, however,
that such notice shall be | ||
sufficient if published in a local newspaper of
general | ||
circulation or other publication directed generally to the | ||
parents
involved where the proposed release of information is | ||
pursuant to
subparagraph 6 of paragraph (a) in this Section 6 | ||
and relates to more
than 25 students.
| ||
(c) A record of any release of information pursuant
to this | ||
Section must be made and kept as a part of the
school student | ||
record and subject to the access granted by Section 5.
Such | ||
record of release shall be maintained for the life of the
| ||
school student records and shall be available only to the |
parent
and the official records custodian.
Each record of | ||
release shall also include:
| ||
(1) The nature and substance of the information | ||
released;
| ||
(2) The name and signature of the official records
| ||
custodian releasing such information;
| ||
(3) The name of the person requesting such information,
| ||
the capacity in which such a request has been made, and the | ||
purpose of such
request;
| ||
(4) The date of the release; and
| ||
(5) A copy of any consent to such release.
| ||
(d) Except for the student and his parents, no person
to | ||
whom information is released pursuant to this Section
and no | ||
person specifically designated as a representative by a parent
| ||
may permit any other person to have access to such information | ||
without a prior
consent of the parent obtained in accordance | ||
with the requirements
of subparagraph (8) of paragraph (a) of | ||
this Section.
| ||
(e) Nothing contained in this Act shall prohibit the
| ||
publication of student directories which list student names, | ||
addresses
and other identifying information and similar | ||
publications which
comply with regulations issued by the State | ||
Board.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
Section 7. The Illinois Mathematics and Science Academy Law |
is amended by changing Sections 2 and 3 as follows:
| ||
(105 ILCS 305/2) (from Ch. 122, par. 1503-2)
| ||
Sec. 2. Establishment, Funding and Location. There is | ||
hereby created the Illinois Mathematics and Science Academy ,
| ||
which shall be a residential institution located in the Fox | ||
River Valley in
close proximity to the national science | ||
laboratories based in Illinois. The Academy may develop | ||
additional campuses throughout the State, however, any | ||
additional campus does not need to serve as a residential | ||
institution.
The Academy shall be a State agency, funded by | ||
State appropriations,
private contributions
and endowments. | ||
Minimal fees for residential students may be charged. The
| ||
Academy may admit those students who have completed the | ||
academic
equivalent of the 9th grade and may offer a program of | ||
secondary and
postsecondary course work.
Admission shall be | ||
determined by competitive examination.
| ||
In order to be eligible for State appropriations, the | ||
Academy shall
submit to the Board of Higher Education not later | ||
than the 1st day of
October of each year its budget proposal | ||
for the operation and capital
needs of the Academy for its next | ||
fiscal year.
| ||
(Source: P.A. 86-109.)
| ||
(105 ILCS 305/3) (from Ch. 122, par. 1503-3)
| ||
Sec. 3. Board of Trustees. The Illinois Mathematics and |
Science Academy shall be governed by a
Board of Trustees which | ||
shall consist of the following members:
| ||
1. Ex Four ex officio nonvoting members who shall be: the | ||
State
Superintendent of Education; the Executive Director
of | ||
the Illinois Community College Board; the Executive Director of | ||
the
State Board of Higher Education; and the superintendent of | ||
schools of Superintendent of Schools in the
school district | ||
where each campus of in which the Academy is located.
| ||
2. Three Representatives of Secondary Education, one of | ||
whom must be a
math or science teacher, appointed by the State | ||
Superintendent of Education.
| ||
3. Two Representatives of Higher Education, one of whom | ||
must be a Dean
of Education, appointed by the Executive | ||
Director of the Illinois Board of
Higher Education.
| ||
4. Three representatives of the scientific community in | ||
Illinois
appointed by the Governor.
| ||
5. Three representatives of the Illinois private | ||
industrial sector
appointed by the Governor.
| ||
6. Two members representative of the general public at | ||
large appointed
by the Governor.
| ||
With the exception of the initial appointments, the members | ||
terms of
office shall be for 6 years. At the first meeting | ||
members shall draw
lots for appointments of 2, 4 or 6 year | ||
initial terms. Vacancies shall be
filled for the unexpired | ||
portion of the terms by appointment of the officer
who | ||
appointed the person causing such vacancy. The initial terms |
shall
commence upon appointment and upon expiration of a term, | ||
the member shall
continue serving until a successor is | ||
appointed. The Board shall select a
chair from among its | ||
members who shall serve a 2 year term as chair.
Members shall | ||
receive no
salary but shall be reimbursed for all ordinary and | ||
necessary expenses
incurred in performing their duties as | ||
members of the Board.
| ||
(Source: P.A. 84-126.)
| ||
Section 8. The Illinois Summer School for the Arts Act is | ||
amended by adding Section 4.5 as follows: | ||
(105 ILCS 310/4.5 new)
| ||
Sec. 4.5. Transfer to State Board of Education. | ||
(a) On the effective date of this amendatory Act of the | ||
95th General Assembly, the board of trustees of the Illinois | ||
Summer School for the Arts is abolished and the terms of all | ||
members end. On that date, all of the powers, duties, assets, | ||
liabilities, employees, contracts, property, records, pending | ||
business, and unexpended appropriations of the board of | ||
trustees of the Illinois Summer School for the Arts are | ||
transferred to the State Board of Education. | ||
(b) For purposes of the Successor Agency Act and Section 9b | ||
of the State Finance Act, the State Board of Education is | ||
declared to be the successor agency of the board of trustees of | ||
the Illinois Summer School for the Arts. |
(c) Beginning on the effective date of this amendatory Act | ||
of the 95th General Assembly, references in statutes, rules, | ||
forms, and other documents to the board of trustees of the | ||
Illinois Summer School for the Arts shall, in appropriate | ||
contexts, be deemed to refer to the State Board of Education. | ||
(d) Rules, standards, and procedures of the board of | ||
trustees of the Illinois Summer School for the Arts in effect | ||
on the effective date of this amendatory Act of the 95th | ||
General Assembly shall be deemed rules, standards, and | ||
procedures of the State Board of Education and shall remain in | ||
effect until amended or repealed by the State Board of | ||
Education. | ||
Section 9. The Vocational Education Act is amended by | ||
changing Section 2 as follows:
| ||
(105 ILCS 435/2) (from Ch. 122, par. 697)
| ||
Sec. 2. Upon the effective date of this amendatory Act of | ||
1975 and
thereafter, any reference in this Act or any other | ||
Illinois statute to
the Board of Vocational Education and | ||
Rehabilitation, as such reference
pertains to vocational and | ||
technical education, means and refers to the
State Board of | ||
Education. Notwithstanding the provisions of any Act or
statute | ||
to the contrary, upon the effective date of this amendatory Act
| ||
of 1975, the State Board of Education shall assume all powers | ||
and duties
pertaining to vocational and technical education. |
The State Board of
Education shall be responsible for policy | ||
and guidelines pertaining to
vocational and technical | ||
education and shall exercise the following
powers and duties:
| ||
(a) To co-operate with the federal government in the | ||
administration
of the provisions of the Federal Vocational | ||
Education Law, to the extent
and in the manner therein | ||
provided;
| ||
(b) To promote and aid in the establishment of schools and | ||
classes
of the types and standards provided for in the plans of | ||
the Board, as
approved by the federal government, and to | ||
co-operate with State
agencies maintaining such schools or | ||
classes and with State and local
school authorities in the | ||
maintenance of such schools and classes;
| ||
(c) To conduct and prepare investigations and studies in | ||
relation to
vocational education and to publish the results of | ||
such investigations
and studies;
| ||
(d) To promulgate reasonable rules and regulations | ||
relating to
vocational and technical education;
| ||
(e) To report, in writing, to the Governor annually on or | ||
before the
fourteenth day of January. The annual report shall | ||
contain (1) a statement
to the extent to which vocational | ||
education has been established and
maintained in the State; (2) | ||
a statement of the existing condition of
vocational education | ||
in the State; (3) a statement of suggestions and
| ||
recommendations with reference to the development of | ||
vocational
education in the State; (4) (blank); a statement of |
recommendations on programs
and policies to overcome sex bias | ||
and sex stereotyping in vocational
education programming and an | ||
assessment of the State's progress in
achieving such goals | ||
prepared by the state vocational education sex equity
| ||
coordinator pursuant to the Federal Vocational Education Law; | ||
and (5)
an itemized statement of the amounts of money received | ||
from
Federal and State sources, and of the objects and purposes | ||
to which the
respective items of these several amounts have | ||
been devoted; and
| ||
(f) To make such reports to the federal government as may | ||
be
required by the provisions of the Federal Vocational | ||
Education Law, and
by the rules and regulations of the federal | ||
agency administering the
Federal Vocational Education Law.
| ||
(g) To make grants subject to appropriation and to | ||
administer and
promulgate rules and regulations to implement a | ||
vocational
equipment program. The use of such grant funds shall | ||
be
limited to obtaining equipment for vocational education | ||
programs, school
shops and laboratories. The State Board of | ||
Education shall adopt
appropriate regulations to administer | ||
this paragraph.
| ||
(Source: P.A. 86-560.)
| ||
Section 10. The Missing Children Records Act is amended by | ||
changing Section 5 as follows:
| ||
(325 ILCS 50/5) (from Ch. 23, par. 2285)
|
Sec. 5. Duties of school or other entity. | ||
(a) Upon notification by the Department of a
person's | ||
disappearance, a school, preschool educational program, child | ||
care facility, or day care home or group day care home in which | ||
the person is currently or was
previously enrolled shall flag | ||
the record of that person in such a manner
that whenever a copy | ||
of or information regarding the record is requested,
the school | ||
or other entity shall be alerted to the fact that the record is | ||
that of a
missing person. The school or other entity shall | ||
immediately report to the
Department any request concerning | ||
flagged records or knowledge
as to the whereabouts of any | ||
missing person. Upon notification by the
Department that the | ||
missing person has been recovered, the school or other entity
| ||
shall
remove the flag from the person's record.
| ||
(b) (1) For every child enrolled Upon enrollment of a child | ||
for the first time in a particular
elementary or secondary | ||
school, public or private preschool educational program, | ||
public or private child care facility licensed under the Child | ||
Care Act of 1969, or day care home or group day care home | ||
licensed under the Child Care Act of 1969, that school or other | ||
entity shall notify in writing the
person enrolling the child | ||
that within 30 days he must provide either (i)
a certified copy | ||
of the child's birth certificate or (ii) other reliable
proof, | ||
as determined by the Department, of the child's identity and | ||
age
and an affidavit explaining the inability to produce a copy | ||
of the birth
certificate. Other reliable proof of the child's |
identity and age shall
include a passport, visa or other | ||
governmental documentation of the child's
identity. When the | ||
person enrolling the child provides the school or other entity | ||
with a certified copy of the child's birth certificate, the | ||
school or other entity shall promptly make a copy of the | ||
certified copy for its records and return the original | ||
certified copy to the person enrolling the child. Once a school | ||
or other entity has been provided with a certified copy of a | ||
child's birth certificate as required under item (i) of this | ||
subdivision (b)(1), the school or other entity need not request | ||
another such certified copy with respect to that child for any | ||
other year in which the child is enrolled in that school or | ||
other entity.
| ||
(2) Upon the failure of a person enrolling a child
to
| ||
comply with subsection (b) (1), the school or other entity
| ||
shall immediately notify the
Department or local law | ||
enforcement agency of such failure, and shall
notify the person | ||
enrolling the child in writing that he has 10
additional days | ||
to comply.
| ||
(3) The school or other entity shall immediately report to | ||
the Department any affidavit
received pursuant to this | ||
subsection which appears inaccurate or suspicious
in form or | ||
content.
| ||
(c) Within 14 days after enrolling a transfer student, the | ||
elementary or
secondary school shall request directly from the | ||
student's previous school
a certified copy of his record. The |
requesting school shall exercise due
diligence in obtaining the | ||
copy of the record requested. Any elementary
or secondary | ||
school requested to forward a copy of a transferring student's
| ||
record to the new school shall comply within 10 days of receipt | ||
of the
request unless the record has been flagged pursuant to | ||
subsection (a), in
which case the copy shall not be forwarded | ||
and the requested school shall
notify the Department or local | ||
law enforcement authority of the request.
| ||
(Source: P.A. 95-439, eff. 1-1-08.)
| ||
(105 ILCS 5/2-3.21 rep.)
| ||
(105 ILCS 5/2-3.61 rep.)
| ||
(105 ILCS 5/2-3.65 rep.)
| ||
(105 ILCS 5/2-3.92 rep.)
| ||
(105 ILCS 5/2-3.93 rep.)
| ||
(105 ILCS 5/2-3.94 rep.)
| ||
(105 ILCS 5/2-3.95 rep.)
| ||
(105 ILCS 5/2-3.99 rep.)
| ||
(105 ILCS 5/2-3.102 rep.)
| ||
(105 ILCS 5/2-3.124 rep.)
| ||
(105 ILCS 5/10-22.22a rep.)
| ||
(105 ILCS 5/13B-40.5 rep.)
| ||
(105 ILCS 5/13B-40.10 rep.)
| ||
(105 ILCS 5/13B-40.15 rep.)
| ||
(105 ILCS 5/13B-40.20 rep.)
| ||
(105 ILCS 5/13B-40.25 rep.)
|
(105 ILCS 5/13B-40.30 rep.)
| ||
(105 ILCS 5/18-8.4 rep.)
| ||
(105 ILCS 5/21-18 rep.)
| ||
(105 ILCS 5/21-26 rep.)
| ||
(105 ILCS 5/27-23.2 rep.)
| ||
(105 ILCS 5/prec. Sec. 27-25 heading rep.)
| ||
(105 ILCS 5/27-25 rep.)
| ||
(105 ILCS 5/27-25.1 rep.)
| ||
(105 ILCS 5/27-25.2 rep.)
| ||
(105 ILCS 5/27-25.3 rep.)
| ||
(105 ILCS 5/27-25.4 rep.)
| ||
Section 11. The School Code is amended by repealing | ||
Sections 2-3.21, 2-3.61, 2-3.65, 2-3.92, 2-3.93, 2-3.94, | ||
2-3.95, 2-3.99, 2-3.102, 2-3.124, 10-22.22a, 13B-40.5, | ||
13B-40.10, 13B-40.15, 13B-40.20, 13B-40.25, 13B-40.30, 18-8.4, | ||
21-18, 21-26, 27-23.2, 27-25, 27-25.1, 27-25.2, 27-25.3, and | ||
27-25.4 and the heading preceding Section 27-25.
| ||
(105 ILCS 310/4 rep.)
| ||
(105 ILCS 310/5 rep.)
| ||
Section 15. The Illinois Summer School for the Arts Act is | ||
amended by repealing Sections 4 and 5.
| ||
(105 ILCS 420/Act rep.)
| ||
Section 20. The Council on Vocational Education Act is | ||
repealed.
|
(105 ILCS 423/Act rep.)
| ||
Section 25. The Occupational Skill Standards Act is | ||
repealed. | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Section and Section 10 | ||
take effect upon becoming law. |