Sen. Kimberly A. Lightford

Filed: 5/3/2018





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2    AMENDMENT NO. ______. Amend House Bill 5588 as follows:
3on page 1, line 12, after "34-3.5,", by inserting "34-18,"; and
4on page 5, line 8, by deleting "about the Committee"; and
5on page 5, line 9, by replacing "lead" with "learning"; and
6on page 5, line 10, by replacing "Committee's" with "learning
7partners'"; and
8on page 9, by replacing lines 13 and 14 with the following:
9    "Sec. 2-3.52A. Pilot programs. The To improve the quality
10of teaching as a profession the State Board of Education may,";
12on page 9, line 16, by deleting "entrance"; and



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1on page 9, by replacing lines 17 through line 22 with the
3"preparation pilot programs for teachers"; and
4by deleting line 8 on page 37 through line 13 on page 39; and
5on page 39, immediately below line 13, by inserting the
7    "(105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
8    Sec. 34-18. Powers of the board. The board shall exercise
9general supervision and jurisdiction over the public education
10and the public school system of the city, and, except as
11otherwise provided by this Article, shall have power:
12        1. To make suitable provision for the establishment and
13    maintenance throughout the year or for such portion thereof
14    as it may direct, not less than 9 months, of schools of all
15    grades and kinds, including normal schools, high schools,
16    night schools, schools for defectives and delinquents,
17    parental and truant schools, schools for the blind, the
18    deaf and persons with physical disabilities, schools or
19    classes in manual training, constructural and vocational
20    teaching, domestic arts and physical culture, vocation and
21    extension schools and lecture courses, and all other
22    educational courses and facilities, including



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1    establishing, equipping, maintaining and operating
2    playgrounds and recreational programs, when such programs
3    are conducted in, adjacent to, or connected with any public
4    school under the general supervision and jurisdiction of
5    the board; provided that the calendar for the school term
6    and any changes must be submitted to and approved by the
7    State Board of Education before the calendar or changes may
8    take effect, and provided that in allocating funds from
9    year to year for the operation of all attendance centers
10    within the district, the board shall ensure that
11    supplemental general State aid or supplemental grant funds
12    are allocated and applied in accordance with Section 18-8,
13    18-8.05, or 18-8.15. To admit to such schools without
14    charge foreign exchange students who are participants in an
15    organized exchange student program which is authorized by
16    the board. The board shall permit all students to enroll in
17    apprenticeship programs in trade schools operated by the
18    board, whether those programs are union-sponsored or not.
19    No student shall be refused admission into or be excluded
20    from any course of instruction offered in the common
21    schools by reason of that student's sex. No student shall
22    be denied equal access to physical education and
23    interscholastic athletic programs supported from school
24    district funds or denied participation in comparable
25    physical education and athletic programs solely by reason
26    of the student's sex. Equal access to programs supported



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1    from school district funds and comparable programs will be
2    defined in rules promulgated by the State Board of
3    Education in consultation with the Illinois High School
4    Association. Notwithstanding any other provision of this
5    Article, neither the board of education nor any local
6    school council or other school official shall recommend
7    that children with disabilities be placed into regular
8    education classrooms unless those children with
9    disabilities are provided with supplementary services to
10    assist them so that they benefit from the regular classroom
11    instruction and are included on the teacher's regular
12    education class register;
13        2. To furnish lunches to pupils, to make a reasonable
14    charge therefor, and to use school funds for the payment of
15    such expenses as the board may determine are necessary in
16    conducting the school lunch program;
17        3. To co-operate with the circuit court;
18        4. To make arrangements with the public or quasi-public
19    libraries and museums for the use of their facilities by
20    teachers and pupils of the public schools;
21        5. To employ dentists and prescribe their duties for
22    the purpose of treating the pupils in the schools, but
23    accepting such treatment shall be optional with parents or
24    guardians;
25        6. To grant the use of assembly halls and classrooms
26    when not otherwise needed, including light, heat, and



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1    attendants, for free public lectures, concerts, and other
2    educational and social interests, free of charge, under
3    such provisions and control as the principal of the
4    affected attendance center may prescribe;
5        7. To apportion the pupils to the several schools;
6    provided that no pupil shall be excluded from or segregated
7    in any such school on account of his color, race, sex, or
8    nationality. The board shall take into consideration the
9    prevention of segregation and the elimination of
10    separation of children in public schools because of color,
11    race, sex, or nationality. Except that children may be
12    committed to or attend parental and social adjustment
13    schools established and maintained either for boys or girls
14    only. All records pertaining to the creation, alteration or
15    revision of attendance areas shall be open to the public.
16    Nothing herein shall limit the board's authority to
17    establish multi-area attendance centers or other student
18    assignment systems for desegregation purposes or
19    otherwise, and to apportion the pupils to the several
20    schools. Furthermore, beginning in school year 1994-95,
21    pursuant to a board plan adopted by October 1, 1993, the
22    board shall offer, commencing on a phased-in basis, the
23    opportunity for families within the school district to
24    apply for enrollment of their children in any attendance
25    center within the school district which does not have
26    selective admission requirements approved by the board.



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1    The appropriate geographical area in which such open
2    enrollment may be exercised shall be determined by the
3    board of education. Such children may be admitted to any
4    such attendance center on a space available basis after all
5    children residing within such attendance center's area
6    have been accommodated. If the number of applicants from
7    outside the attendance area exceed the space available,
8    then successful applicants shall be selected by lottery.
9    The board of education's open enrollment plan must include
10    provisions that allow low income students to have access to
11    transportation needed to exercise school choice. Open
12    enrollment shall be in compliance with the provisions of
13    the Consent Decree and Desegregation Plan cited in Section
14    34-1.01;
15        8. To approve programs and policies for providing
16    transportation services to students. Nothing herein shall
17    be construed to permit or empower the State Board of
18    Education to order, mandate, or require busing or other
19    transportation of pupils for the purpose of achieving
20    racial balance in any school;
21        9. Subject to the limitations in this Article, to
22    establish and approve system-wide curriculum objectives
23    and standards, including graduation standards, which
24    reflect the multi-cultural diversity in the city and are
25    consistent with State law, provided that for all purposes
26    of this Article courses or proficiency in American Sign



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1    Language shall be deemed to constitute courses or
2    proficiency in a foreign language; and to employ principals
3    and teachers, appointed as provided in this Article, and
4    fix their compensation. The board shall prepare such
5    reports related to minimal competency testing as may be
6    requested by the State Board of Education, and in addition
7    shall monitor and approve special education and bilingual
8    education programs and policies within the district to
9    assure that appropriate services are provided in
10    accordance with applicable State and federal laws to
11    children requiring services and education in those areas;
12        10. To employ non-teaching personnel or utilize
13    volunteer personnel for: (i) non-teaching duties not
14    requiring instructional judgment or evaluation of pupils,
15    including library duties; and (ii) supervising study
16    halls, long distance teaching reception areas used
17    incident to instructional programs transmitted by
18    electronic media such as computers, video, and audio,
19    detention and discipline areas, and school-sponsored
20    extracurricular activities. The board may further utilize
21    volunteer non-certificated personnel or employ
22    non-certificated personnel to assist in the instruction of
23    pupils under the immediate supervision of a teacher holding
24    a valid certificate, directly engaged in teaching subject
25    matter or conducting activities; provided that the teacher
26    shall be continuously aware of the non-certificated



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1    persons' activities and shall be able to control or modify
2    them. The general superintendent shall determine
3    qualifications of such personnel and shall prescribe rules
4    for determining the duties and activities to be assigned to
5    such personnel;
6        10.5. To utilize volunteer personnel from a regional
7    School Crisis Assistance Team (S.C.A.T.), created as part
8    of the Safe to Learn Program established pursuant to
9    Section 25 of the Illinois Violence Prevention Act of 1995,
10    to provide assistance to schools in times of violence or
11    other traumatic incidents within a school community by
12    providing crisis intervention services to lessen the
13    effects of emotional trauma on individuals and the
14    community; the School Crisis Assistance Team Steering
15    Committee shall determine the qualifications for
16    volunteers;
17        11. To provide television studio facilities in not to
18    exceed one school building and to provide programs for
19    educational purposes, provided, however, that the board
20    shall not construct, acquire, operate, or maintain a
21    television transmitter; to grant the use of its studio
22    facilities to a licensed television station located in the
23    school district; and to maintain and operate not to exceed
24    one school radio transmitting station and provide programs
25    for educational purposes;
26        12. To offer, if deemed appropriate, outdoor education



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1    courses, including field trips within the State of
2    Illinois, or adjacent states, and to use school educational
3    funds for the expense of the said outdoor educational
4    programs, whether within the school district or not;
5        13. During that period of the calendar year not
6    embraced within the regular school term, to provide and
7    conduct courses in subject matters normally embraced in the
8    program of the schools during the regular school term and
9    to give regular school credit for satisfactory completion
10    by the student of such courses as may be approved for
11    credit by the State Board of Education;
12        14. To insure against any loss or liability of the
13    board, the former School Board Nominating Commission,
14    Local School Councils, the Chicago Schools Academic
15    Accountability Council, or the former Subdistrict Councils
16    or of any member, officer, agent or employee thereof,
17    resulting from alleged violations of civil rights arising
18    from incidents occurring on or after September 5, 1967 or
19    from the wrongful or negligent act or omission of any such
20    person whether occurring within or without the school
21    premises, provided the officer, agent or employee was, at
22    the time of the alleged violation of civil rights or
23    wrongful act or omission, acting within the scope of his
24    employment or under direction of the board, the former
25    School Board Nominating Commission, the Chicago Schools
26    Academic Accountability Council, Local School Councils, or



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1    the former Subdistrict Councils; and to provide for or
2    participate in insurance plans for its officers and
3    employees, including but not limited to retirement
4    annuities, medical, surgical and hospitalization benefits
5    in such types and amounts as may be determined by the
6    board; provided, however, that the board shall contract for
7    such insurance only with an insurance company authorized to
8    do business in this State. Such insurance may include
9    provision for employees who rely on treatment by prayer or
10    spiritual means alone for healing, in accordance with the
11    tenets and practice of a recognized religious
12    denomination;
13        15. To contract with the corporate authorities of any
14    municipality or the county board of any county, as the case
15    may be, to provide for the regulation of traffic in parking
16    areas of property used for school purposes, in such manner
17    as is provided by Section 11-209 of The Illinois Vehicle
18    Code, approved September 29, 1969, as amended;
19        16. (a) To provide, on an equal basis, access to a high
20    school campus and student directory information to the
21    official recruiting representatives of the armed forces of
22    Illinois and the United States for the purposes of
23    informing students of the educational and career
24    opportunities available in the military if the board has
25    provided such access to persons or groups whose purpose is
26    to acquaint students with educational or occupational



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1    opportunities available to them. The board is not required
2    to give greater notice regarding the right of access to
3    recruiting representatives than is given to other persons
4    and groups. In this paragraph 16, "directory information"
5    means a high school student's name, address, and telephone
6    number.
7        (b) If a student or his or her parent or guardian
8    submits a signed, written request to the high school before
9    the end of the student's sophomore year (or if the student
10    is a transfer student, by another time set by the high
11    school) that indicates that the student or his or her
12    parent or guardian does not want the student's directory
13    information to be provided to official recruiting
14    representatives under subsection (a) of this Section, the
15    high school may not provide access to the student's
16    directory information to these recruiting representatives.
17    The high school shall notify its students and their parents
18    or guardians of the provisions of this subsection (b).
19        (c) A high school may require official recruiting
20    representatives of the armed forces of Illinois and the
21    United States to pay a fee for copying and mailing a
22    student's directory information in an amount that is not
23    more than the actual costs incurred by the high school.
24        (d) Information received by an official recruiting
25    representative under this Section may be used only to
26    provide information to students concerning educational and



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1    career opportunities available in the military and may not
2    be released to a person who is not involved in recruiting
3    students for the armed forces of Illinois or the United
4    States;
5        17. (a) To sell or market any computer program
6    developed by an employee of the school district, provided
7    that such employee developed the computer program as a
8    direct result of his or her duties with the school district
9    or through the utilization of the school district resources
10    or facilities. The employee who developed the computer
11    program shall be entitled to share in the proceeds of such
12    sale or marketing of the computer program. The distribution
13    of such proceeds between the employee and the school
14    district shall be as agreed upon by the employee and the
15    school district, except that neither the employee nor the
16    school district may receive more than 90% of such proceeds.
17    The negotiation for an employee who is represented by an
18    exclusive bargaining representative may be conducted by
19    such bargaining representative at the employee's request.
20        (b) For the purpose of this paragraph 17:
21            (1) "Computer" means an internally programmed,
22        general purpose digital device capable of
23        automatically accepting data, processing data and
24        supplying the results of the operation.
25            (2) "Computer program" means a series of coded
26        instructions or statements in a form acceptable to a



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1        computer, which causes the computer to process data in
2        order to achieve a certain result.
3            (3) "Proceeds" means profits derived from
4        marketing or sale of a product after deducting the
5        expenses of developing and marketing such product;
6        18. To delegate to the general superintendent of
7    schools, by resolution, the authority to approve contracts
8    and expenditures in amounts of $10,000 or less;
9        19. Upon the written request of an employee, to
10    withhold from the compensation of that employee any dues,
11    payments or contributions payable by such employee to any
12    labor organization as defined in the Illinois Educational
13    Labor Relations Act. Under such arrangement, an amount
14    shall be withheld from each regular payroll period which is
15    equal to the pro rata share of the annual dues plus any
16    payments or contributions, and the board shall transmit
17    such withholdings to the specified labor organization
18    within 10 working days from the time of the withholding;
19        19a. Upon receipt of notice from the comptroller of a
20    municipality with a population of 500,000 or more, a county
21    with a population of 3,000,000 or more, the Cook County
22    Forest Preserve District, the Chicago Park District, the
23    Metropolitan Water Reclamation District, the Chicago
24    Transit Authority, or a housing authority of a municipality
25    with a population of 500,000 or more that a debt is due and
26    owing the municipality, the county, the Cook County Forest



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1    Preserve District, the Chicago Park District, the
2    Metropolitan Water Reclamation District, the Chicago
3    Transit Authority, or the housing authority by an employee
4    of the Chicago Board of Education, to withhold, from the
5    compensation of that employee, the amount of the debt that
6    is due and owing and pay the amount withheld to the
7    municipality, the county, the Cook County Forest Preserve
8    District, the Chicago Park District, the Metropolitan
9    Water Reclamation District, the Chicago Transit Authority,
10    or the housing authority; provided, however, that the
11    amount deducted from any one salary or wage payment shall
12    not exceed 25% of the net amount of the payment. Before the
13    Board deducts any amount from any salary or wage of an
14    employee under this paragraph, the municipality, the
15    county, the Cook County Forest Preserve District, the
16    Chicago Park District, the Metropolitan Water Reclamation
17    District, the Chicago Transit Authority, or the housing
18    authority shall certify that (i) the employee has been
19    afforded an opportunity for a hearing to dispute the debt
20    that is due and owing the municipality, the county, the
21    Cook County Forest Preserve District, the Chicago Park
22    District, the Metropolitan Water Reclamation District, the
23    Chicago Transit Authority, or the housing authority and
24    (ii) the employee has received notice of a wage deduction
25    order and has been afforded an opportunity for a hearing to
26    object to the order. For purposes of this paragraph, "net



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1    amount" means that part of the salary or wage payment
2    remaining after the deduction of any amounts required by
3    law to be deducted and "debt due and owing" means (i) a
4    specified sum of money owed to the municipality, the
5    county, the Cook County Forest Preserve District, the
6    Chicago Park District, the Metropolitan Water Reclamation
7    District, the Chicago Transit Authority, or the housing
8    authority for services, work, or goods, after the period
9    granted for payment has expired, or (ii) a specified sum of
10    money owed to the municipality, the county, the Cook County
11    Forest Preserve District, the Chicago Park District, the
12    Metropolitan Water Reclamation District, the Chicago
13    Transit Authority, or the housing authority pursuant to a
14    court order or order of an administrative hearing officer
15    after the exhaustion of, or the failure to exhaust,
16    judicial review;
17        20. The board is encouraged to employ a sufficient
18    number of certified school counselors to maintain a
19    student/counselor ratio of 250 to 1 by July 1, 1990. Each
20    counselor shall spend at least 75% of his work time in
21    direct contact with students and shall maintain a record of
22    such time;
23        21. To make available to students vocational and career
24    counseling and to establish 5 special career counseling
25    days for students and parents. On these days
26    representatives of local businesses and industries shall



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1    be invited to the school campus and shall inform students
2    of career opportunities available to them in the various
3    businesses and industries. Special consideration shall be
4    given to counseling minority students as to career
5    opportunities available to them in various fields. For the
6    purposes of this paragraph, minority student means a person
7    who is any of the following:
8        (a) American Indian or Alaska Native (a person having
9    origins in any of the original peoples of North and South
10    America, including Central America, and who maintains
11    tribal affiliation or community attachment).
12        (b) Asian (a person having origins in any of the
13    original peoples of the Far East, Southeast Asia, or the
14    Indian subcontinent, including, but not limited to,
15    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
16    the Philippine Islands, Thailand, and Vietnam).
17        (c) Black or African American (a person having origins
18    in any of the black racial groups of Africa). Terms such as
19    "Haitian" or "Negro" can be used in addition to "Black or
20    African American".
21        (d) Hispanic or Latino (a person of Cuban, Mexican,
22    Puerto Rican, South or Central American, or other Spanish
23    culture or origin, regardless of race).
24        (e) Native Hawaiian or Other Pacific Islander (a person
25    having origins in any of the original peoples of Hawaii,
26    Guam, Samoa, or other Pacific Islands).



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1        Counseling days shall not be in lieu of regular school
2    days;
3        22. To report to the State Board of Education the
4    annual student dropout rate and number of students who
5    graduate from, transfer from or otherwise leave bilingual
6    programs;
7        23. Except as otherwise provided in the Abused and
8    Neglected Child Reporting Act or other applicable State or
9    federal law, to permit school officials to withhold, from
10    any person, information on the whereabouts of any child
11    removed from school premises when the child has been taken
12    into protective custody as a victim of suspected child
13    abuse. School officials shall direct such person to the
14    Department of Children and Family Services, or to the local
15    law enforcement agency if appropriate;
16        24. To develop a policy, based on the current state of
17    existing school facilities, projected enrollment and
18    efficient utilization of available resources, for capital
19    improvement of schools and school buildings within the
20    district, addressing in that policy both the relative
21    priority for major repairs, renovations and additions to
22    school facilities, and the advisability or necessity of
23    building new school facilities or closing existing schools
24    to meet current or projected demographic patterns within
25    the district;
26        25. To make available to the students in every high



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1    school attendance center the ability to take all courses
2    necessary to comply with the Board of Higher Education's
3    college entrance criteria effective in 1993;
4        26. To encourage mid-career changes into the teaching
5    profession, whereby qualified professionals become
6    certified teachers, by allowing credit for professional
7    employment in related fields when determining point of
8    entry on teacher pay scale;
9        27. To provide or contract out training programs for
10    administrative personnel and principals with revised or
11    expanded duties pursuant to this Act in order to assure
12    they have the knowledge and skills to perform their duties;
13        28. To establish a fund for the prioritized special
14    needs programs, and to allocate such funds and other lump
15    sum amounts to each attendance center in a manner
16    consistent with the provisions of part 4 of Section 34-2.3.
17    Nothing in this paragraph shall be construed to require any
18    additional appropriations of State funds for this purpose;
19        29. (Blank);
20        30. Notwithstanding any other provision of this Act or
21    any other law to the contrary, to contract with third
22    parties for services otherwise performed by employees,
23    including those in a bargaining unit, and to layoff those
24    employees upon 14 days written notice to the affected
25    employees. Those contracts may be for a period not to
26    exceed 5 years and may be awarded on a system-wide basis.



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1    The board may not operate more than 30 contract schools,
2    provided that the board may operate an additional 5
3    contract turnaround schools pursuant to item (5.5) of
4    subsection (d) of Section 34-8.3 of this Code;
5        31. To promulgate rules establishing procedures
6    governing the layoff or reduction in force of employees and
7    the recall of such employees, including, but not limited
8    to, criteria for such layoffs, reductions in force or
9    recall rights of such employees and the weight to be given
10    to any particular criterion. Such criteria shall take into
11    account factors including, but not be limited to,
12    qualifications, certifications, experience, performance
13    ratings or evaluations, and any other factors relating to
14    an employee's job performance;
15        32. To develop a policy to prevent nepotism in the
16    hiring of personnel or the selection of contractors;
17        33. (Blank); and To enter into a partnership agreement,
18    as required by Section 34-3.5 of this Code, and,
19    notwithstanding any other provision of law to the contrary,
20    to promulgate policies, enter into contracts, and take any
21    other action necessary to accomplish the objectives and
22    implement the requirements of that agreement; and
23        34. To establish a Labor Management Council to the
24    board comprised of representatives of the board, the chief
25    executive officer, and those labor organizations that are
26    the exclusive representatives of employees of the board and



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1    to promulgate policies and procedures for the operation of
2    the Council.
3    The specifications of the powers herein granted are not to
4be construed as exclusive but the board shall also exercise all
5other powers that they may be requisite or proper for the
6maintenance and the development of a public school system, not
7inconsistent with the other provisions of this Article or
8provisions of this Code which apply to all school districts.
9    In addition to the powers herein granted and authorized to
10be exercised by the board, it shall be the duty of the board to
11review or to direct independent reviews of special education
12expenditures and services. The board shall file a report of
13such review with the General Assembly on or before May 1, 1990.
14(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17.)";
16on page 41, immediately below line 22, by inserting the
18    "(105 ILCS 5/34-3.5 rep.)"; and
19on page 41, line 25, after "21B-200,", by inserting "34-3.5,".