093_HB3015

 
                                     LRB093 04734 NHT 04790 b

 1        AN ACT with respect to schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  School  Code  is  amended  by  changing
 5    Sections 10-19, 10-19.1, and 34-18 as follows:

 6        (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
 7        Sec.  10-19.  Length  of  school  term   -   experimental
 8    programs. Each school board shall annually prepare a calendar
 9    for the school term, specifying the opening and closing dates
10    and providing a minimum term of at least 185 days  to  ensure
11    insure  176 days of actual pupil attendance, computable under
12    Section  18-8.05,  provided  except  that  for  school  years
13    subsequent to the 2003-2004 school year,  each  school  board
14    shall  annually  prepare  a  calendar  for  the  school term,
15    specifying the opening and  closing  dates  and  providing  a
16    minimum  term  to  ensure  a minimum number of days of actual
17    pupil  attendance,  computable  under  Section  18-8.05,   in
18    accordance with the following schedule:
19                                           Minimum Number of
20                                            Days of Actual
21    School Year          Minimum Term      Pupil Attendance
22    2004-2005              186 days            177 days
23    2005-2006              187 days            178 days
24    2006-2007              188 days            179 days
25    2007-2008              189 days            180 days
26    2008-2009              190 days            181 days
27    2009-2010              191 days            182 days
28    2010-2011              192 days            183 days
29    2011-2012              193 days            184 days
30    2012-2013              194 days            185 days
31    2013-2014 and          195 days            186 days
 
                            -2-      LRB093 04734 NHT 04790 b
 1    each subsequent
 2    school year
 3    The  increase  in the minimum term and minimum number of days
 4    of actual pupil attendance made by this amendatory Act of the
 5    93rd General Assembly as provided in the schedule begins with
 6    the 2004-2005 school year.  However, if a  school  board,  on
 7    the effective date of this amendatory Act of the 93rd General
 8    Assembly,  is  acting under a collective bargaining agreement
 9    with  its  exclusive  bargaining  representative,  then   the
10    increase  does  not  begin, unless otherwise agreed to by the
11    school board and exclusive bargaining  representative,  until
12    the  school  year  after  the  expiration  of  the collective
13    bargaining agreement, at which time the  school  board  shall
14    prepare  a  calendar  providing  a  minimum  term to ensure a
15    minimum number of days of  actual  pupil  attendance  as  set
16    forth  in  the  schedule  beginning with that school year.  A
17    school board is not required to increase the minimum term and
18    minimum number of days of actual pupil attendance as provided
19    by this amendatory Act of the 93rd  General  Assembly  unless
20    the  school  district receives an increase in State aid in an
21    amount at least equal to the  cost  to  be  incurred  by  the
22    school  district  to  increase  the  minimum term and minimum
23    number of days of  actual  pupil  attendance.  the  1980-1981
24    school year only 175 days of actual pupil attendance shall be
25    required  because  of  the  closing  of  schools  pursuant to
26    Section 24-2 on January 29, 1981 upon the appointment by  the
27    President  of  that  day  as  a  day  of thanksgiving for the
28    freedom of the Americans who had been held hostage  in  Iran.
29    Any  days allowed by law for teachers' institute but not used
30    as such or used as parental institutes as provided in Section
31    10-22.18d shall increase the minimum term by the school  days
32    not  so  used.   Except  as  provided in Section 10-19.1, the
33    board may not extend the school term beyond such closing date
34    unless that extension of term is  necessary  to  provide  the
 
                            -3-      LRB093 04734 NHT 04790 b
 1    minimum number of computable days.  In case of such necessary
 2    extension  school employees shall be paid for such additional
 3    time on the basis of their regular contracts.  A school board
 4    may specify a closing date  earlier  than  that  set  on  the
 5    annual  calendar  when  the  schools  of  the  district  have
 6    provided  the  minimum  number  of computable days under this
 7    Section. Nothing in this  Section  prevents  the  board  from
 8    employing  superintendents  of  schools, principals and other
 9    nonteaching personnel for a period of 12 months,  or  in  the
10    case  of  superintendents  for  a  period  in accordance with
11    Section 10-23.8, or prevents the board from  employing  other
12    personnel  before  or  after  the  regular  school  term with
13    payment  of  salary  proportionate  to  that   received   for
14    comparable work during the school term.
15        A  school board may make such changes in its calendar for
16    the school term as may be required  by  any  changes  in  the
17    legal  school  holidays prescribed in Section 24-2.  A school
18    board may make changes in its calendar for the school term as
19    may be necessary to  reflect  the  utilization  of  teachers'
20    institute  days  as  parental  institute  days as provided in
21    Section 10-22.18d.
22        With the prior approval of the State Board  of  Education
23    and subject to review by the State Board of Education every 3
24    years,  any  school board may, by resolution of its board and
25    in agreement with affected  exclusive  collective  bargaining
26    agents,    establish   experimental   educational   programs,
27    including but  not  limited  to  programs  for  self-directed
28    learning  or  outside of formal class periods, which programs
29    when so approved shall  be  considered  to  comply  with  the
30    requirements  of  this Section as respects numbers of days of
31    actual pupil attendance and with the  other  requirements  of
32    this Act as respects courses of instruction.
33    (Source: P.A. 91-96, eff. 7-9-99.)
 
                            -4-      LRB093 04734 NHT 04790 b
 1        (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
 2        Sec.  10-19.1. Full year school plan. Any school district
 3    may, by resolution of its board, operate one or more  schools
 4    within  the  district  on a full year school plan approved by
 5    the State Board of Education. Any board which operates  under
 6    this Section shall devise a plan so that a student's required
 7    attendance  in  school  during a 12-month period shall be for
 8    not less than the a minimum number of days term of  180  days
 9    of  actual pupil attendance required by Section 10-19 of this
10    Code for the school year during which  that  12-month  period
11    commences,  plus  including  not  more than 4 institute days,
12    provided that during  that  12-month  a  12  month  period  a
13    student's  required  attendance  in  school,  but  shall  not
14    exceed, nor shall any teacher be required to teach more than,
15    the number of days that is equal to the minimum term required
16    to  be  provided by Section 10-19 of this Code for the school
17    year during which that 12-month period  commences  185  days.
18    Under  such  plan, no teacher shall be required to teach more
19    than 185 days. A calendar of 180 days may be established with
20    the approval of the State Board of Education.
21    (Source: P.A. 81-1508.)

22        (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
23        Sec. 34-18.   Powers  of  the  board.   The  board  shall
24    exercise general supervision and jurisdiction over the public
25    education  and  the  public  school  system of the city, and,
26    except as otherwise provided  by  this  Article,  shall  have
27    power:
28             1.  To make suitable provision for the establishment
29        and  maintenance  throughout the year or for such portion
30        thereof as it may direct,  but  for  not  less  than  the
31        minimum  term  required  by Section 10-19 of this Code in
32        order to ensure the minimum  number  of  days  of  actual
33        pupil  attendance  as  required  by Section 10-19 of this
 
                            -5-      LRB093 04734 NHT 04790 b
 1        Code 9 months,  of  schools  of  all  grades  and  kinds,
 2        including  normal  schools,  high schools, night schools,
 3        schools for  defectives  and  delinquents,  parental  and
 4        truant  schools,  schools for the blind, the deaf and the
 5        crippled,  schools  or  classes   in   manual   training,
 6        constructural  and vocational teaching, domestic arts and
 7        physical culture,  vocation  and  extension  schools  and
 8        lecture  courses,  and  all other educational courses and
 9        facilities,    including     establishing,     equipping,
10        maintaining  and  operating  playgrounds and recreational
11        programs, when such programs are conducted  in,  adjacent
12        to, or connected with any public school under the general
13        supervision  and  jurisdiction  of  the  board; provided,
14        however, that in allocating funds from year to  year  for
15        the  operation  of  all  attendance  centers  within  the
16        district,   the  board  shall  ensure  that  supplemental
17        general State aid funds  are  allocated  and  applied  in
18        accordance  with  Section  18-8  or 18-8.05.  To admit to
19        such schools without charge foreign exchange students who
20        are participants in an organized exchange student program
21        which is authorized by the board. The board shall  permit
22        all  students  to  enroll  in  apprenticeship programs in
23        trade  schools  operated  by  the  board,  whether  those
24        programs are union-sponsored or not.  No student shall be
25        refused admission into or be excluded from any course  of
26        instruction  offered  in  the common schools by reason of
27        that student's sex.  No student  shall  be  denied  equal
28        access to physical education and interscholastic athletic
29        programs  supported  from school district funds or denied
30        participation  in  comparable  physical   education   and
31        athletic  programs solely by reason of the student's sex.
32        Equal access to programs supported from  school  district
33        funds  and  comparable  programs will be defined in rules
34        promulgated  by  the  State   Board   of   Education   in
 
                            -6-      LRB093 04734 NHT 04790 b
 1        consultation  with  the Illinois High School Association.
 2        Notwithstanding any  other  provision  of  this  Article,
 3        neither  the  board  of  education  nor  any local school
 4        council or other school  official  shall  recommend  that
 5        children   with   disabilities  be  placed  into  regular
 6        education   classrooms   unless   those   children   with
 7        disabilities are provided with supplementary services  to
 8        assist  them  so  that  they  benefit  from  the  regular
 9        classroom  instruction  and are included on the teacher's
10        regular education class register;
11             2.  To  furnish  lunches  to  pupils,  to   make   a
12        reasonable  charge  therefor, and to use school funds for
13        the payment of such expenses as the board  may  determine
14        are necessary in conducting the school lunch program;
15             3.  To co-operate with the circuit court;
16             4.  To   make   arrangements   with  the  public  or
17        quasi-public libraries and museums for the use  of  their
18        facilities by teachers and pupils of the public schools;
19             5.  To  employ  dentists  and prescribe their duties
20        for the purpose of treating the pupils  in  the  schools,
21        but  accepting  such  treatment  shall  be  optional with
22        parents or guardians;
23             6.  To  grant  the  use  of   assembly   halls   and
24        classrooms  when  not  otherwise needed, including light,
25        heat, and attendants, for free public lectures, concerts,
26        and other  educational  and  social  interests,  free  of
27        charge,   under   such  provisions  and  control  as  the
28        principal  of  the   affected   attendance   center   may
29        prescribe;
30             7.  To  apportion the pupils to the several schools;
31        provided  that  no  pupil  shall  be  excluded  from   or
32        segregated  in  any  such school on account of his color,
33        race, sex, or nationality.  The  board  shall  take  into
34        consideration  the  prevention  of  segregation  and  the
 
                            -7-      LRB093 04734 NHT 04790 b
 1        elimination  of  separation of children in public schools
 2        because of color, race, sex, or nationality.  Except that
 3        children may be  committed  to  or  attend  parental  and
 4        social  adjustment  schools  established  and  maintained
 5        either for boys or girls only.  All records pertaining to
 6        the  creation, alteration or revision of attendance areas
 7        shall be open to the public.  Nothing herein shall  limit
 8        the  board's authority to establish multi-area attendance
 9        centers  or  other   student   assignment   systems   for
10        desegregation purposes or otherwise, and to apportion the
11        pupils to the several schools.  Furthermore, beginning in
12        school  year 1994-95, pursuant to a board plan adopted by
13        October 1, 1993, the board shall offer, commencing  on  a
14        phased-in  basis, the opportunity for families within the
15        school district to apply for enrollment of their children
16        in any attendance center within the school district which
17        does not have selective admission  requirements  approved
18        by the board.  The appropriate geographical area in which
19        such open enrollment may be exercised shall be determined
20        by the board of education.  Such children may be admitted
21        to  any such attendance center on a space available basis
22        after  all  children  residing  within  such   attendance
23        center's  area  have been accommodated.  If the number of
24        applicants from outside the attendance  area  exceed  the
25        space  available,  then  successful  applicants  shall be
26        selected by  lottery.   The  board  of  education's  open
27        enrollment  plan  must  include provisions that allow low
28        income students to have access to  transportation  needed
29        to  exercise  school choice.  Open enrollment shall be in
30        compliance with the provisions of the Consent Decree  and
31        Desegregation Plan cited in Section 34-1.01;
32             8.  To  approve  programs and policies for providing
33        transportation services to students. Nothing herein shall
34        be construed to permit or  empower  the  State  Board  of
 
                            -8-      LRB093 04734 NHT 04790 b
 1        Education  to  order, mandate, or require busing or other
 2        transportation of pupils for  the  purpose  of  achieving
 3        racial balance in any school;
 4             9.  Subject  to  the limitations in this Article, to
 5        establish and approve system-wide  curriculum  objectives
 6        and  standards,  including  graduation  standards,  which
 7        reflect  the multi-cultural diversity in the city and are
 8        consistent with State law, provided that for all purposes
 9        of this Article courses or proficiency in  American  Sign
10        Language   shall  be  deemed  to  constitute  courses  or
11        proficiency  in  a  foreign  language;  and   to   employ
12        principals  and  teachers,  appointed as provided in this
13        Article, and fix their  compensation.   The  board  shall
14        prepare   such  reports  related  to  minimal  competency
15        testing as  may  be  requested  by  the  State  Board  of
16        Education,  and  in  addition  shall  monitor and approve
17        special education and bilingual  education  programs  and
18        policies  within  the district to assure that appropriate
19        services are provided in accordance with applicable State
20        and federal  laws  to  children  requiring  services  and
21        education in those areas;
22             10.  To  employ  non-teaching  personnel  or utilize
23        volunteer personnel  for:  (i)  non-teaching  duties  not
24        requiring instructional judgment or evaluation of pupils,
25        including  library  duties;  and  (ii)  supervising study
26        halls,  long  distance  teaching  reception  areas   used
27        incident   to   instructional   programs  transmitted  by
28        electronic media such as  computers,  video,  and  audio,
29        detention  and  discipline  areas,  and  school-sponsored
30        extracurricular   activities.    The  board  may  further
31        utilize volunteer non-certificated  personnel  or  employ
32        non-certificated  personnel  to assist in the instruction
33        of pupils under the immediate supervision  of  a  teacher
34        holding a valid certificate, directly engaged in teaching
 
                            -9-      LRB093 04734 NHT 04790 b
 1        subject  matter  or  conducting activities; provided that
 2        the  teacher  shall  be   continuously   aware   of   the
 3        non-certificated persons' activities and shall be able to
 4        control or modify them.  The general superintendent shall
 5        determine  qualifications  of  such  personnel  and shall
 6        prescribe rules for determining the duties and activities
 7        to be assigned to such personnel;
 8             10.5.  To  utilize  volunteer   personnel   from   a
 9        regional   School   Crisis  Assistance  Team  (S.C.A.T.),
10        created as part of the Safe to Learn Program  established
11        pursuant   to   Section   25  of  the  Illinois  Violence
12        Prevention Act of 1995, to provide assistance to  schools
13        in  times of violence or other traumatic incidents within
14        a  school  community  by  providing  crisis  intervention
15        services to lessen the effects  of  emotional  trauma  on
16        individuals   and   the   community;  the  School  Crisis
17        Assistance Team Steering Committee  shall  determine  the
18        qualifications for volunteers;
19             11.  To  provide television studio facilities in not
20        to exceed one school building and to provide programs for
21        educational purposes, provided, however, that  the  board
22        shall  not  construct,  acquire,  operate,  or maintain a
23        television transmitter; to grant the use  of  its  studio
24        facilities  to  a  licensed television station located in
25        the school district; and to maintain and operate  not  to
26        exceed  one school radio transmitting station and provide
27        programs for educational purposes;
28             12.  To  offer,  if  deemed   appropriate,   outdoor
29        education courses, including field trips within the State
30        of  Illinois,  or  adjacent  states,  and  to  use school
31        educational funds for the expense  of  the  said  outdoor
32        educational  programs, whether within the school district
33        or not;
34             13.  During that period of  the  calendar  year  not
 
                            -10-     LRB093 04734 NHT 04790 b
 1        embraced  within  the regular school term, to provide and
 2        conduct courses in subject matters normally  embraced  in
 3        the program of the schools during the regular school term
 4        and  to  give  regular  school  credit  for  satisfactory
 5        completion  by  the  student  of  such  courses as may be
 6        approved for credit by the State Board of Education;
 7             14.  To insure against any loss or liability of  the
 8        board,  the  former  School  Board Nominating Commission,
 9        Local  School  Councils,  the  Chicago  Schools  Academic
10        Accountability  Council,  or   the   former   Subdistrict
11        Councils  or  of  any  member, officer, agent or employee
12        thereof,  resulting  from  alleged  violations  of  civil
13        rights arising  from  incidents  occurring  on  or  after
14        September  5,  1967 or from the wrongful or negligent act
15        or omission of any such person whether  occurring  within
16        or  without  the  school  premises, provided the officer,
17        agent or  employee  was,  at  the  time  of  the  alleged
18        violation  of  civil  rights or wrongful act or omission,
19        acting within  the  scope  of  his  employment  or  under
20        direction   of   the   board,  the  former  School  Board
21        Nominating  Commission,  the  Chicago  Schools   Academic
22        Accountability  Council,  Local  School  Councils, or the
23        former  Subdistrict  Councils;  and  to  provide  for  or
24        participate in  insurance  plans  for  its  officers  and
25        employees,   including  but  not  limited  to  retirement
26        annuities, medical, surgical and hospitalization benefits
27        in such types and amounts as may  be  determined  by  the
28        board;  provided,  however, that the board shall contract
29        for  such  insurance  only  with  an  insurance   company
30        authorized  to do business in this State.  Such insurance
31        may include provision for employees who rely on treatment
32        by prayer  or  spiritual  means  alone  for  healing,  in
33        accordance  with  the tenets and practice of a recognized
34        religious denomination;
 
                            -11-     LRB093 04734 NHT 04790 b
 1             15.  To contract with the corporate  authorities  of
 2        any  municipality  or  the county board of any county, as
 3        the case may be, to provide for the regulation of traffic
 4        in parking areas of property used for school purposes, in
 5        such manner as is  provided  by  Section  11-209  of  The
 6        Illinois  Vehicle  Code,  approved September 29, 1969, as
 7        amended;
 8             16. (a)  To provide, on an equal basis, access to  a
 9        high  school  campus and student directory information to
10        the official  recruiting  representatives  of  the  armed
11        forces of Illinois and the United States for the purposes
12        of  informing  students  of  the  educational  and career
13        opportunities available in the military if the board  has
14        provided  such  access to persons or groups whose purpose
15        is to acquaint students with educational or  occupational
16        opportunities  available  to  them.   The  board  is  not
17        required  to  give  greater notice regarding the right of
18        access to recruiting representatives  than  is  given  to
19        other   persons   and  groups.   In  this  paragraph  16,
20        "directory information" means  a  high  school  student's
21        name, address, and telephone number.
22             (b)  If  a  student or his or her parent or guardian
23        submits a signed, written  request  to  the  high  school
24        before the end of the student's sophomore year (or if the
25        student is a transfer student, by another time set by the
26        high  school)  that  indicates that the student or his or
27        her parent  or  guardian  does  not  want  the  student's
28        directory   information   to   be  provided  to  official
29        recruiting representatives under subsection (a)  of  this
30        Section,  the  high  school may not provide access to the
31        student's  directory  information  to  these   recruiting
32        representatives.    The  high  school  shall  notify  its
33        students and their parents or guardians of the provisions
34        of this subsection (b).
 
                            -12-     LRB093 04734 NHT 04790 b
 1             (c)  A high school may require  official  recruiting
 2        representatives  of  the armed forces of Illinois and the
 3        United States to pay a fee  for  copying  and  mailing  a
 4        student's  directory information in an amount that is not
 5        more than the actual costs incurred by the high school.
 6             (d)  Information received by an official  recruiting
 7        representative  under  this  Section  may be used only to
 8        provide information to  students  concerning  educational
 9        and  career  opportunities  available in the military and
10        may not be released to a person who is  not  involved  in
11        recruiting  students  for the armed forces of Illinois or
12        the United States;
13             17. (a)  To sell  or  market  any  computer  program
14        developed by an employee of the school district, provided
15        that  such  employee  developed the computer program as a
16        direct result of  his  or  her  duties  with  the  school
17        district   or  through  the  utilization  of  the  school
18        district resources  or  facilities.    The  employee  who
19        developed the computer program shall be entitled to share
20        in the proceeds of such sale or marketing of the computer
21        program.   The  distribution of such proceeds between the
22        employee and the school district shall be as agreed  upon
23        by  the  employee  and  the  school district, except that
24        neither the employee nor the school district may  receive
25        more  than  90% of such proceeds.  The negotiation for an
26        employee who is represented by  an  exclusive  bargaining
27        representative   may  be  conducted  by  such  bargaining
28        representative at the employee's request.
29             (b)  For the purpose of this paragraph 17:
30                  (1)  "Computer" means an internally programmed,
31             general   purpose   digital   device   capable    of
32             automatically  accepting  data,  processing data and
33             supplying the results of the operation.
34                  (2)  "Computer program" means a series of coded
 
                            -13-     LRB093 04734 NHT 04790 b
 1             instructions or statements in a form acceptable to a
 2             computer, which causes the computer to process  data
 3             in order to achieve a certain result.
 4                  (3)  "Proceeds"   means  profits  derived  from
 5             marketing or sale of a product after  deducting  the
 6             expenses of developing and marketing such product;
 7             18.  To  delegate  to  the general superintendent of
 8        schools,  by  resolution,  the   authority   to   approve
 9        contracts and expenditures in amounts of $10,000 or less;
10             19.  Upon  the  written  request  of an employee, to
11        withhold from the compensation of that employee any dues,
12        payments or contributions payable by such employee to any
13        labor organization as defined in the Illinois Educational
14        Labor Relations Act.  Under such arrangement,  an  amount
15        shall  be withheld from each regular payroll period which
16        is equal to the pro rata share of the  annual  dues  plus
17        any  payments  or  contributions,  and  the  board  shall
18        transmit   such   withholdings  to  the  specified  labor
19        organization within 10 working days from the time of  the
20        withholding;
21             19a.  Upon receipt of notice from the comptroller of
22        a  municipality  with  a population of 500,000 or more, a
23        county with a population of 3,000,000 or more,  the  Cook
24        County   Forest   Preserve  District,  the  Chicago  Park
25        District, the Metropolitan  Water  Reclamation  District,
26        the  Chicago Transit Authority, or a housing authority of
27        a municipality with a population of 500,000 or more  that
28        a debt is due and owing the municipality, the county, the
29        Cook  County  Forest  Preserve District, the Chicago Park
30        District, the Metropolitan  Water  Reclamation  District,
31        the  Chicago  Transit Authority, or the housing authority
32        by an employee of the  Chicago  Board  of  Education,  to
33        withhold,  from  the  compensation  of that employee, the
34        amount of the debt that is due  and  owing  and  pay  the
 
                            -14-     LRB093 04734 NHT 04790 b
 1        amount withheld to the municipality, the county, the Cook
 2        County   Forest   Preserve  District,  the  Chicago  Park
 3        District, the Metropolitan  Water  Reclamation  District,
 4        the  Chicago Transit Authority, or the housing authority;
 5        provided, however, that the amount deducted from any  one
 6        salary  or  wage  payment shall not exceed 25% of the net
 7        amount of the payment.   Before  the  Board  deducts  any
 8        amount  from any salary or wage of an employee under this
 9        paragraph, the municipality, the county, the Cook  County
10        Forest  Preserve District, the Chicago Park District, the
11        Metropolitan  Water  Reclamation  District,  the  Chicago
12        Transit Authority, or the housing authority shall certify
13        that (i) the employee has been  afforded  an  opportunity
14        for  a  hearing to dispute the debt that is due and owing
15        the municipality, the  county,  the  Cook  County  Forest
16        Preserve   District,   the  Chicago  Park  District,  the
17        Metropolitan  Water  Reclamation  District,  the  Chicago
18        Transit Authority, or the housing authority and (ii)  the
19        employee  has  received  notice of a wage deduction order
20        and has been afforded an opportunity  for  a  hearing  to
21        object  to  the  order.   For purposes of this paragraph,
22        "net amount" means  that  part  of  the  salary  or  wage
23        payment  remaining  after  the  deduction  of any amounts
24        required by law to be deducted and "debt due  and  owing"
25        means   (i)   a  specified  sum  of  money  owed  to  the
26        municipality, the county, the Cook County Forest Preserve
27        District, the Chicago  Park  District,  the  Metropolitan
28        Water   Reclamation   District,   the   Chicago   Transit
29        Authority,  or  the housing authority for services, work,
30        or goods,  after  the  period  granted  for  payment  has
31        expired,  or  (ii)  a  specified sum of money owed to the
32        municipality, the county, the Cook County Forest Preserve
33        District, the Chicago  Park  District,  the  Metropolitan
34        Water   Reclamation   District,   the   Chicago   Transit
 
                            -15-     LRB093 04734 NHT 04790 b
 1        Authority,  or  the housing authority pursuant to a court
 2        order or order of an administrative hearing officer after
 3        the exhaustion of, or the failure  to  exhaust,  judicial
 4        review;
 5             20.  The  board is encouraged to employ a sufficient
 6        number of  certified  school  counselors  to  maintain  a
 7        student/counselor  ratio  of  250  to  1 by July 1, 1990.
 8        Each counselor shall spend at least 75% of his work  time
 9        in  direct  contact  with  students  and shall maintain a
10        record of such time;
11             21.  To make available to  students  vocational  and
12        career  counseling  and  to  establish  5  special career
13        counseling days for students and parents.  On these  days
14        representatives  of local businesses and industries shall
15        be invited to the school campus and shall inform students
16        of career opportunities available to them in the  various
17        businesses  and  industries.  Special consideration shall
18        be given to counseling minority  students  as  to  career
19        opportunities  available  to them in various fields.  For
20        the purposes of this paragraph, minority student means  a
21        person who is:
22                  (a)  Black  (a  person having origins in any of
23             the black racial groups in Africa);
24                  (b)  Hispanic   (a   person   of   Spanish   or
25             Portuguese culture with origins in Mexico, South  or
26             Central   America,   or   the   Caribbean   islands,
27             regardless of race);
28                  (c)  Asian American (a person having origins in
29             any  of  the  original  peoples  of  the  Far  East,
30             Southeast  Asia,  the  Indian  Subcontinent  or  the
31             Pacific Islands); or
32                  (d)  American   Indian  or  Alaskan  Native  (a
33             person having origins in any of the original peoples
34             of North America).
 
                            -16-     LRB093 04734 NHT 04790 b
 1             Counseling days shall not  be  in  lieu  of  regular
 2        school 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
 9        or  federal  law, to permit school officials to withhold,
10        from any person, information on the  whereabouts  of  any
11        child  removed  from  school  premises when the child has
12        been  taken  into  protective  custody  as  a  victim  of
13        suspected child abuse.   School  officials  shall  direct
14        such  person  to  the  Department  of Children and Family
15        Services, or to  the  local  law  enforcement  agency  if
16        appropriate;
17             24.  To develop a policy, based on the current state
18        of  existing  school facilities, projected enrollment and
19        efficient utilization of available resources, for capital
20        improvement of schools and school  buildings  within  the
21        district,  addressing  in  that  policy both the relative
22        priority for major repairs, renovations and additions  to
23        school  facilities,  and the advisability or necessity of
24        building  new  school  facilities  or  closing   existing
25        schools to meet current or projected demographic patterns
26        within the district;
27             25.  To make available to the students in every high
28        school  attendance center the ability to take all courses
29        necessary to comply with the Board of Higher  Education's
30        college entrance criteria effective in 1993;
31             26.  To   encourage   mid-career  changes  into  the
32        teaching  profession,  whereby  qualified   professionals
33        become   certified   teachers,  by  allowing  credit  for
34        professional   employment   in   related   fields    when
 
                            -17-     LRB093 04734 NHT 04790 b
 1        determining point of entry on teacher pay scale;
 2             27.  To  provide  or  contract out training programs
 3        for administrative personnel and principals with  revised
 4        or  expanded  duties  pursuant  to  this  Act in order to
 5        assure they have the  knowledge  and  skills  to  perform
 6        their duties;
 7             28.  To establish a fund for the prioritized special
 8        needs programs, and to allocate such funds and other lump
 9        sum  amounts  to  each  attendance  center  in  a  manner
10        consistent  with  the  provisions  of  part  4 of Section
11        34-2.3.  Nothing in this paragraph shall be construed  to
12        require  any additional appropriations of State funds for
13        this purpose;
14             29.  (Blank);
15             30.  Notwithstanding any other provision of this Act
16        or any other law to the contrary, to contract with  third
17        parties  for  services  otherwise performed by employees,
18        including those in a bargaining unit, and to layoff those
19        employees upon 14 days written  notice  to  the  affected
20        employees.   Those  contracts  may be for a period not to
21        exceed 5 years and may be awarded on a system-wide basis;
22             31.  To  promulgate  rules  establishing  procedures
23        governing the layoff or reduction in force  of  employees
24        and  the  recall  of  such  employees, including, but not
25        limited to, criteria  for  such  layoffs,  reductions  in
26        force  or  recall rights of such employees and the weight
27        to be given to any particular criterion.   Such  criteria
28        shall  take  into  account  factors including, but not be
29        limited to, qualifications,  certifications,  experience,
30        performance ratings or evaluations, and any other factors
31        relating to an employee's job performance; and
32             32.  To  develop a policy to prevent nepotism in the
33        hiring of personnel or the selection of contractors.
34        The specifications of the powers herein granted  are  not
 
                            -18-     LRB093 04734 NHT 04790 b
 1    to  be  construed  as  exclusive  but  the  board  shall also
 2    exercise all other powers  that  they  may  be  requisite  or
 3    proper  for  the  maintenance and the development of a public
 4    school system, not inconsistent with the other provisions  of
 5    this  Article  or  provisions of this Code which apply to all
 6    school districts.
 7        In addition to the powers herein granted  and  authorized
 8    to  be  exercised  by  the board, it shall be the duty of the
 9    board to review or to direct independent reviews  of  special
10    education  expenditures  and services. The board shall file a
11    report of such review with the General Assembly on or  before
12    May 1, 1990.
13    (Source:  P.A.  92-109,  eff.  7-20-01;  92-527, eff. 6-1-02;
14    92-724, eff. 7-25-02; revised 9-24-02.)

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.