Sen. Linda Holmes

Filed: 11/27/2012





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2    AMENDMENT NO. ______. Amend House Bill 3816 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Criminal Justice Information Act
5is amended by changing Sections 2 and 4 and by adding Sections
610.1 and 10.2 as follows:
7    (20 ILCS 3930/2)  (from Ch. 38, par. 210-2)
8    Sec. 2. Purpose of Act. The purpose of this Act is to
9coordinate the use of information in the criminal justice
10system; to promulgate effective criminal justice information
11policy; to encourage the improvement of criminal justice agency
12procedures and practices with respect to information; to
13provide new information technologies; to permit the evaluation
14of information practices and programs; to stimulate research
15and development of new methods and uses of criminal justice
16information for the improvement of the criminal justice system



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1and the reduction of crime; and to protect the integrity of
2criminal history record information, while protecting the
3citizen's right to privacy; and to coordinate statewide
4violence prevention efforts and develop a statewide plan that
5includes public health and public safety approaches to violence
6prevention in families, communities, and schools.
7(Source: P.A. 82-1039.)
8    (20 ILCS 3930/4)  (from Ch. 38, par. 210-4)
9    Sec. 4. Illinois Criminal Justice Information Authority;
10creation, membership, and meetings. There is created an
11Illinois Criminal Justice Information Authority consisting of
1225 23 members. The membership of the Authority shall consist of
13the Illinois Attorney General, or his or her designee, the
14Director of the Illinois Department of Corrections, the
15Director of the Illinois Department of State Police, the
16Director of Public Health, the Director of Children and Family
17Services, the Sheriff of Cook County, the State's Attorney of
18Cook County, the clerk of the circuit court of Cook County, the
19President of the Cook County Board of Commissioners, the
20Superintendent of the Chicago Police Department, the Director
21of the Office of the State's Attorneys Appellate Prosecutor,
22the Executive Director of the Illinois Law Enforcement Training
23Standards Board, the State Appellate Defender, the Public
24Defender of Cook County, and the following additional members,
25each of whom shall be appointed by the Governor: a circuit



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1court clerk, a sheriff, a State's Attorney of a county other
2than Cook, a Public Defender of a county other than Cook, a
3chief of police, and 6 members of the general public.
4    The Governor from time to time shall designate a Chairman
5of the Authority from the membership. All members of the
6Authority appointed by the Governor shall serve at the pleasure
7of the Governor for a term not to exceed 4 years. The initial
8appointed members of the Authority shall serve from January,
91983 until the third Monday in January, 1987 or until their
10successors are appointed.
11    The Authority shall meet at least quarterly, and all
12meetings of the Authority shall be called by the Chairman.
13(Source: P.A. 96-1343, eff. 1-1-11.)
14    (20 ILCS 3930/10.1 new)
15    Sec. 10.1. Transfer of Illinois Violence Prevention
17    (a) The Illinois Criminal Justice Information Authority,
18through its board, existing committees, and any committee or
19committees created on or after the effective date of this
20amendatory Act of the 97th General Assembly by law or pursuant
21to administrative rules of the Authority shall assume the
22powers, duties, rights, and responsibilities transferred from
23the Illinois Violence Prevention Authority to the Illinois
24Criminal Justice Information Authority on the effective date of
25this amendatory Act of the 97th General Assembly, including the



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1powers, duties, rights, and responsibilities:
2        (1) to coordinate Statewide violence prevention
3    efforts and development of a Statewide plan that
4    incorporates public health and public safety approaches to
5    violence prevention in families, communities, and schools;
6        (2) to seek and receive funds that may be available
7    from private and public sources for violence prevention
8    efforts;
9        (3) to distribute, pursuant to Authority rules and
10    subject to available appropriations and other funds
11    received for the purposes of this Act or the Illinois
12    Violence Prevention Act of 1995, grants to community and
13    Statewide organizations, other units of local and State
14    government, and public school districts that address
15    violence prevention in a comprehensive and collaborative
16    manner, including, but not limited to, (A) community-based
17    youth violence prevention programs, such as mentoring
18    programs, after-school programs, and job training or
19    development programs, (B) programs for the implementation
20    and evaluation of comprehensive school-based violence
21    prevention programs from prekindergarten through 12th
22    grade, (C) early childhood intervention programs designed
23    to prevent violence and identify and serve young children
24    and families at risk, (D) family violence and sexual
25    assault prevention initiatives, (E) programs that
26    integrate violence prevention initiatives with alcohol and



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1    substance abuse prevention efforts, (F) programs that
2    integrate violence prevention services with health care
3    provision, and (G) programs to support innovative
4    community policing or law enforcement approaches to
5    violence prevention; and
6        (4) to provide technical assistance and training to
7    help build the capacity of communities, organizations, and
8    systems to develop, implement, and evaluate violence
9    prevention programs.
10    (b) As soon as practicable after the effective date of this
11amendatory Act of the 97th General Assembly, the personnel of
12the Illinois Violence Prevention Authority shall be
13transferred to the Illinois Criminal Justice Information
14Authority. The status and rights of those employees under the
15Personnel Code shall not be affected by the transfer. The
16rights of the employees and the State of Illinois and its
17agencies under the Personnel Code and applicable collective
18bargaining agreements or under any pension, retirement, or
19annuity plan shall not be affected by this amendatory Act.
20    (c) As soon as practicable after the effective date of this
21amendatory Act of the 97th General Assembly, all books,
22records, papers, documents, property (real and personal),
23contracts, causes of action, and pending business pertaining to
24the powers, duties, rights, and responsibilities transferred
25by this amendatory Act of the 97th General Assembly from the
26Illinois Violence Prevention Authority to the Illinois



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1Criminal Justice Information Authority, including, but not
2limited to, material in electronic or magnetic format and
3necessary computer hardware and software, shall be transferred
4to the Illinois Criminal Justice Information Authority.
5    (d) As soon as practicable after the effective date of this
6amendatory Act of the 97th General Assembly, all unexpended
7appropriations and balances and other funds available for use
8by the Illinois Violence Prevention Authority shall be
9transferred for use by the Illinois Criminal Justice
10Information Authority. Unexpended balances so transferred
11shall be expended only for the purpose for which the
12appropriations were originally made.
13    (e) The powers, duties, rights, and responsibilities
14transferred from the Illinois Violence Prevention Authority by
15this amendatory Act of the 97th General Assembly shall be
16vested in and shall be exercised by the Illinois Criminal
17Justice Information Authority.
18    (f) Whenever reports or notices are now required to be made
19or given or papers or documents furnished or served by any
20person to or upon the Illinois Violence Prevention Authority in
21connection with any of the powers, duties, rights, and
22responsibilities transferred by this amendatory Act of the 97th
23General Assembly, the same shall be made, given, furnished, or
24served in the same manner to or upon the Illinois Criminal
25Justice Information Authority.
26    (g) This amendatory Act of the 97th General Assembly does



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1not affect any act done, ratified, or canceled or any right
2occurring or established or any action or proceeding had or
3commenced in an administrative, civil, or criminal cause by the
4Illinois Violence Prevention Authority before this amendatory
5Act of the 97th General Assembly takes effect; such actions or
6proceedings may be prosecuted and continued by the Illinois
7Criminal Justice Information Authority.
8    (h) Any rules of the Illinois Violence Prevention Authority
9that relate to its powers, duties, rights, and responsibilities
10and are in full force on the effective date of this amendatory
11Act of the 97th General Assembly shall become the rules of the
12Illinois Criminal Justice Information Authority. This
13amendatory Act of the 97th General Assembly does not affect the
14legality of any such rules in the Illinois Administrative Code.
15Illinois Criminal Justice Information Authority rules shall
16control in instances where the rules overlap or are otherwise
18    Any proposed rules filed with the Secretary of State by the
19Illinois Violence Prevention Authority that are pending in the
20rulemaking process on the effective date of this amendatory Act
21of the 97th General Assembly and pertain to the powers, duties,
22rights, and responsibilities transferred, shall be deemed to
23have been filed by the Illinois Criminal Justice Information
24Authority. As soon as practicable after the effective date of
25this amendatory Act of the 97th General Assembly, the Illinois
26Criminal Justice Information Authority shall revise and



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1clarify the rules transferred to it under this amendatory Act
2to reflect the reorganization of powers, duties, rights, and
3responsibilities affected by this amendatory Act, using the
4procedures for recodification of rules available under the
5Illinois Administrative Procedure Act, except that existing
6title, part, and section numbering for the affected rules may
7be retained. The Illinois Criminal Justice Information
8Authority may propose and adopt under the Illinois
9Administrative Procedure Act such other rules of the Illinois
10Violence Prevention Authority that will now be administered by
11the Illinois Criminal Justice Information Authority.
12    (i) To the extent that, prior to the effective date of this
13amendatory Act of the 97th General Assembly, the Executive
14Director of the Illinois Violence Prevention Authority had been
15empowered to prescribe rules with regard to the powers, duties,
16rights, and responsibilities of the Illinois Violence
17Prevention Authority, such duties shall be exercised solely by
18the Executive Director of the Illinois Criminal Justice
19Information Authority, beginning on the effective date of this
20amendatory Act of the 97th General Assembly.
21    (20 ILCS 3930/10.2 new)
22    Sec. 10.2. ICJIA Violence Prevention Fund.
23    (a) The ICJIA Violence Prevention Fund is hereby
24established as a special fund in the State Treasury into which
25funds received from private, state, or federal sources



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1specifically for violence prevention may be deposited, and from
2which funds shall be appropriated to the Authority for the
3purpose of exercising the powers specified in items (1) through
4(4) of subsection (a) of Section 10.1 of this Act.
5    (b) As soon as practicable after the effective date of this
6amendatory Act of the 97th General Assembly, but no later than
7June 30, 2013, the Comptroller shall order transferred and the
8Treasurer shall transfer all moneys in the Violence Prevention
9Fund into the ICJIA Violence Prevention Fund.
10    (c) Unexpended balances transferred by this amendatory Act
11of the 97th General may be expended by the Authority but only
12for the purpose for which the appropriation was originally
14    (20 ILCS 4027/5 rep.)
15    (20 ILCS 4027/10 rep.)
16    (20 ILCS 4027/15 rep.)
17    Section 10. The Illinois Violence Prevention Act of 1995 is
18amended by repealing Sections 5, 10, and 15.
19    (20 ILCS 4027/Act rep.)
20    Section 15. The Illinois Violence Prevention Act of 1995 is
22    Section 20. The State Finance Act is amended by adding
23Section 5.811 as follows:



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1    (30 ILCS 105/5.811 new)
2    Sec. 5.811. The ICJIA Violence Prevention Fund.
3    (30 ILCS 105/5.424 rep.)
4    Section 25. The State Finance Act is amended by repealing
5Section 5.424.
6    Section 30. The School Code is amended by changing Sections
710-22.34 and 34-18 as follows:
8    (105 ILCS 5/10-22.34)  (from Ch. 122, par. 10-22.34)
9    Sec. 10-22.34. Non-certificated personnel.
10    (a) School Boards may employ non-teaching personnel or
11utilize volunteer personnel for: (1) non-teaching duties not
12requiring instructional judgment or evaluation of pupils; and
13(2) supervising study halls, long distance teaching reception
14areas used incident to instructional programs transmitted by
15electronic media such as computers, video, and audio, and
16detention and discipline areas, and school-sponsored
17extracurricular activities.
18    (b) School boards may further utilize volunteer
19non-certificated personnel or employ non-certificated
20personnel to assist in the instruction of pupils under the
21immediate supervision of a teacher, holding a valid
22certificate, directly engaged in teaching subject matter or



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1conducting activities. The teacher shall be continuously aware
2of the non-certificated persons' activities and shall be able
3to control or modify them. The State Board of Education, in
4consultation with the State Teacher Certification Board, shall
5determine qualifications of such personnel and shall prescribe
6rules for determining the duties and activities to be assigned
7to such personnel. In the determination of qualifications of
8such personnel, the State Board of Education shall accept
9coursework earned in a recognized institution or from an
10institution of higher learning accredited by the North Central
11Association or other comparable regional accrediting
12association and shall accept qualifications based on relevant
13life experiences as determined by the State Board of Education
14by rule.
15    (b-5) (Blank) A school board may utilize volunteer
16personnel from a regional School Crisis Assistance Team
17(S.C.A.T.), created as part of the Safe to Learn Program
18established pursuant to Section 25 of the Illinois Violence
19Prevention Act of 1995, to provide assistance to schools in
20times of violence or other traumatic incidents within a school
21community by providing crisis intervention services to lessen
22the effects of emotional trauma on individuals and the
23community. The School Crisis Assistance Team Steering
24Committee shall determine the qualifications for volunteers.
25    (c) School boards may also employ students holding a
26bachelor's degree from a recognized institution of higher



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1learning as teaching interns when such students are enrolled in
2a college or university internship program, which has prior
3approval by the State Board of Education, in consultation with
4the State Teacher Certification Board, leading to a masters
6    Regional offices of education have the authority to
7initiate and collaborate with institutions of higher learning
8to establish internship programs referenced in this subsection
9(c). The State Board of Education has 90 days from receiving a
10written proposal to establish the internship program to seek
11the State Teacher Certification Board's consultation on the
12internship program. If the State Board of Education does not
13consult the State Teacher Certification Board within 90 days,
14the regional office of education may seek the State Teacher
15Certification Board's consultation without the State Board of
16Education's approval.
17    (d) Nothing in this Section shall require constant
18supervision of a student teacher enrolled in a student teaching
19course at a college or university, provided such activity has
20the prior approval of the representative of the higher
21education institution and teaching plans have previously been
22discussed with and approved by the supervising teacher and
23further provided that such teaching is within guidelines
24established by the State Board of Education in consultation
25with the State Teacher Certification Board.
26(Source: P.A. 92-200, eff. 1-1-02; 92-724, eff. 7-25-02;



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193-332, eff. 1-1-04.)
2    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
3    Sec. 34-18. Powers of the board. The board shall exercise
4general supervision and jurisdiction over the public education
5and the public school system of the city, and, except as
6otherwise provided by this Article, shall have power:
7        1. To make suitable provision for the establishment and
8    maintenance throughout the year or for such portion thereof
9    as it may direct, not less than 9 months, of schools of all
10    grades and kinds, including normal schools, high schools,
11    night schools, schools for defectives and delinquents,
12    parental and truant schools, schools for the blind, the
13    deaf and the physically disabled, schools or classes in
14    manual training, constructural and vocational teaching,
15    domestic arts and physical culture, vocation and extension
16    schools and lecture courses, and all other educational
17    courses and facilities, including establishing, equipping,
18    maintaining and operating playgrounds and recreational
19    programs, when such programs are conducted in, adjacent to,
20    or connected with any public school under the general
21    supervision and jurisdiction of the board; provided that
22    the calendar for the school term and any changes must be
23    submitted to and approved by the State Board of Education
24    before the calendar or changes may take effect, and
25    provided that in allocating funds from year to year for the



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1    operation of all attendance centers within the district,
2    the board shall ensure that supplemental general State aid
3    funds are allocated and applied in accordance with Section
4    18-8 or 18-8.05. To admit to such schools without charge
5    foreign exchange students who are participants in an
6    organized exchange student program which is authorized by
7    the board. The board shall permit all students to enroll in
8    apprenticeship programs in trade schools operated by the
9    board, whether those programs are union-sponsored or not.
10    No student shall be refused admission into or be excluded
11    from any course of instruction offered in the common
12    schools by reason of that student's sex. No student shall
13    be denied equal access to physical education and
14    interscholastic athletic programs supported from school
15    district funds or denied participation in comparable
16    physical education and athletic programs solely by reason
17    of the student's sex. Equal access to programs supported
18    from school district funds and comparable programs will be
19    defined in rules promulgated by the State Board of
20    Education in consultation with the Illinois High School
21    Association. Notwithstanding any other provision of this
22    Article, neither the board of education nor any local
23    school council or other school official shall recommend
24    that children with disabilities be placed into regular
25    education classrooms unless those children with
26    disabilities are provided with supplementary services to



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1    assist them so that they benefit from the regular classroom
2    instruction and are included on the teacher's regular
3    education class register;
4        2. To furnish lunches to pupils, to make a reasonable
5    charge therefor, and to use school funds for the payment of
6    such expenses as the board may determine are necessary in
7    conducting the school lunch program;
8        3. To co-operate with the circuit court;
9        4. To make arrangements with the public or quasi-public
10    libraries and museums for the use of their facilities by
11    teachers and pupils of the public schools;
12        5. To employ dentists and prescribe their duties for
13    the purpose of treating the pupils in the schools, but
14    accepting such treatment shall be optional with parents or
15    guardians;
16        6. To grant the use of assembly halls and classrooms
17    when not otherwise needed, including light, heat, and
18    attendants, for free public lectures, concerts, and other
19    educational and social interests, free of charge, under
20    such provisions and control as the principal of the
21    affected attendance center may prescribe;
22        7. To apportion the pupils to the several schools;
23    provided that no pupil shall be excluded from or segregated
24    in any such school on account of his color, race, sex, or
25    nationality. The board shall take into consideration the
26    prevention of segregation and the elimination of



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1    separation of children in public schools because of color,
2    race, sex, or nationality. Except that children may be
3    committed to or attend parental and social adjustment
4    schools established and maintained either for boys or girls
5    only. All records pertaining to the creation, alteration or
6    revision of attendance areas shall be open to the public.
7    Nothing herein shall limit the board's authority to
8    establish multi-area attendance centers or other student
9    assignment systems for desegregation purposes or
10    otherwise, and to apportion the pupils to the several
11    schools. Furthermore, beginning in school year 1994-95,
12    pursuant to a board plan adopted by October 1, 1993, the
13    board shall offer, commencing on a phased-in basis, the
14    opportunity for families within the school district to
15    apply for enrollment of their children in any attendance
16    center within the school district which does not have
17    selective admission requirements approved by the board.
18    The appropriate geographical area in which such open
19    enrollment may be exercised shall be determined by the
20    board of education. Such children may be admitted to any
21    such attendance center on a space available basis after all
22    children residing within such attendance center's area
23    have been accommodated. If the number of applicants from
24    outside the attendance area exceed the space available,
25    then successful applicants shall be selected by lottery.
26    The board of education's open enrollment plan must include



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1    provisions that allow low income students to have access to
2    transportation needed to exercise school choice. Open
3    enrollment shall be in compliance with the provisions of
4    the Consent Decree and Desegregation Plan cited in Section
5    34-1.01;
6        8. To approve programs and policies for providing
7    transportation services to students. Nothing herein shall
8    be construed to permit or empower the State Board of
9    Education to order, mandate, or require busing or other
10    transportation of pupils for the purpose of achieving
11    racial balance in any school;
12        9. Subject to the limitations in this Article, to
13    establish and approve system-wide curriculum objectives
14    and standards, including graduation standards, which
15    reflect the multi-cultural diversity in the city and are
16    consistent with State law, provided that for all purposes
17    of this Article courses or proficiency in American Sign
18    Language shall be deemed to constitute courses or
19    proficiency in a foreign language; and to employ principals
20    and teachers, appointed as provided in this Article, and
21    fix their compensation. The board shall prepare such
22    reports related to minimal competency testing as may be
23    requested by the State Board of Education, and in addition
24    shall monitor and approve special education and bilingual
25    education programs and policies within the district to
26    assure that appropriate services are provided in



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1    accordance with applicable State and federal laws to
2    children requiring services and education in those areas;
3        10. To employ non-teaching personnel or utilize
4    volunteer personnel for: (i) non-teaching duties not
5    requiring instructional judgment or evaluation of pupils,
6    including library duties; and (ii) supervising study
7    halls, long distance teaching reception areas used
8    incident to instructional programs transmitted by
9    electronic media such as computers, video, and audio,
10    detention and discipline areas, and school-sponsored
11    extracurricular activities. The board may further utilize
12    volunteer non-certificated personnel or employ
13    non-certificated personnel to assist in the instruction of
14    pupils under the immediate supervision of a teacher holding
15    a valid certificate, directly engaged in teaching subject
16    matter or conducting activities; provided that the teacher
17    shall be continuously aware of the non-certificated
18    persons' activities and shall be able to control or modify
19    them. The general superintendent shall determine
20    qualifications of such personnel and shall prescribe rules
21    for determining the duties and activities to be assigned to
22    such personnel;
23        10.5. (Blank) To utilize volunteer personnel from a
24    regional School Crisis Assistance Team (S.C.A.T.), created
25    as part of the Safe to Learn Program established pursuant
26    to Section 25 of the Illinois Violence Prevention Act of



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1    1995, to provide assistance to schools in times of violence
2    or other traumatic incidents within a school community by
3    providing crisis intervention services to lessen the
4    effects of emotional trauma on individuals and the
5    community; the School Crisis Assistance Team Steering
6    Committee shall determine the qualifications for
7    volunteers;
8        11. To provide television studio facilities in not to
9    exceed one school building and to provide programs for
10    educational purposes, provided, however, that the board
11    shall not construct, acquire, operate, or maintain a
12    television transmitter; to grant the use of its studio
13    facilities to a licensed television station located in the
14    school district; and to maintain and operate not to exceed
15    one school radio transmitting station and provide programs
16    for educational purposes;
17        12. To offer, if deemed appropriate, outdoor education
18    courses, including field trips within the State of
19    Illinois, or adjacent states, and to use school educational
20    funds for the expense of the said outdoor educational
21    programs, whether within the school district or not;
22        13. During that period of the calendar year not
23    embraced within the regular school term, to provide and
24    conduct courses in subject matters normally embraced in the
25    program of the schools during the regular school term and
26    to give regular school credit for satisfactory completion



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1    by the student of such courses as may be approved for
2    credit by the State Board of Education;
3        14. To insure against any loss or liability of the
4    board, the former School Board Nominating Commission,
5    Local School Councils, the Chicago Schools Academic
6    Accountability Council, or the former Subdistrict Councils
7    or of any member, officer, agent or employee thereof,
8    resulting from alleged violations of civil rights arising
9    from incidents occurring on or after September 5, 1967 or
10    from the wrongful or negligent act or omission of any such
11    person whether occurring within or without the school
12    premises, provided the officer, agent or employee was, at
13    the time of the alleged violation of civil rights or
14    wrongful act or omission, acting within the scope of his
15    employment or under direction of the board, the former
16    School Board Nominating Commission, the Chicago Schools
17    Academic Accountability Council, Local School Councils, or
18    the former Subdistrict Councils; and to provide for or
19    participate in insurance plans for its officers and
20    employees, including but not limited to retirement
21    annuities, medical, surgical and hospitalization benefits
22    in such types and amounts as may be determined by the
23    board; provided, however, that the board shall contract for
24    such insurance only with an insurance company authorized to
25    do business in this State. Such insurance may include
26    provision for employees who rely on treatment by prayer or



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1    spiritual means alone for healing, in accordance with the
2    tenets and practice of a recognized religious
3    denomination;
4        15. To contract with the corporate authorities of any
5    municipality or the county board of any county, as the case
6    may be, to provide for the regulation of traffic in parking
7    areas of property used for school purposes, in such manner
8    as is provided by Section 11-209 of The Illinois Vehicle
9    Code, approved September 29, 1969, as amended;
10        16. (a) To provide, on an equal basis, access to a high
11    school campus and student directory information to the
12    official recruiting representatives of the armed forces of
13    Illinois and the United States for the purposes of
14    informing students of the educational and career
15    opportunities available in the military if the board has
16    provided such access to persons or groups whose purpose is
17    to acquaint students with educational or occupational
18    opportunities available to them. The board is not required
19    to give greater notice regarding the right of access to
20    recruiting representatives than is given to other persons
21    and groups. In this paragraph 16, "directory information"
22    means a high school student's name, address, and telephone
23    number.
24        (b) If a student or his or her parent or guardian
25    submits a signed, written request to the high school before
26    the end of the student's sophomore year (or if the student



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1    is a transfer student, by another time set by the high
2    school) that indicates that the student or his or her
3    parent or guardian does not want the student's directory
4    information to be provided to official recruiting
5    representatives under subsection (a) of this Section, the
6    high school may not provide access to the student's
7    directory information to these recruiting representatives.
8    The high school shall notify its students and their parents
9    or guardians of the provisions of this subsection (b).
10        (c) A high school may require official recruiting
11    representatives of the armed forces of Illinois and the
12    United States to pay a fee for copying and mailing a
13    student's directory information in an amount that is not
14    more than the actual costs incurred by the high school.
15        (d) Information received by an official recruiting
16    representative under this Section may be used only to
17    provide information to students concerning educational and
18    career opportunities available in the military and may not
19    be released to a person who is not involved in recruiting
20    students for the armed forces of Illinois or the United
21    States;
22        17. (a) To sell or market any computer program
23    developed by an employee of the school district, provided
24    that such employee developed the computer program as a
25    direct result of his or her duties with the school district
26    or through the utilization of the school district resources



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1    or facilities. The employee who developed the computer
2    program shall be entitled to share in the proceeds of such
3    sale or marketing of the computer program. The distribution
4    of such proceeds between the employee and the school
5    district shall be as agreed upon by the employee and the
6    school district, except that neither the employee nor the
7    school district may receive more than 90% of such proceeds.
8    The negotiation for an employee who is represented by an
9    exclusive bargaining representative may be conducted by
10    such bargaining representative at the employee's request.
11        (b) For the purpose of this paragraph 17:
12            (1) "Computer" means an internally programmed,
13        general purpose digital device capable of
14        automatically accepting data, processing data and
15        supplying the results of the operation.
16            (2) "Computer program" means a series of coded
17        instructions or statements in a form acceptable to a
18        computer, which causes the computer to process data in
19        order to achieve a certain result.
20            (3) "Proceeds" means profits derived from
21        marketing or sale of a product after deducting the
22        expenses of developing and marketing such product;
23        18. To delegate to the general superintendent of
24    schools, by resolution, the authority to approve contracts
25    and expenditures in amounts of $10,000 or less;
26        19. Upon the written request of an employee, to



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1    withhold from the compensation of that employee any dues,
2    payments or contributions payable by such employee to any
3    labor organization as defined in the Illinois Educational
4    Labor Relations Act. Under such arrangement, an amount
5    shall be withheld from each regular payroll period which is
6    equal to the pro rata share of the annual dues plus any
7    payments or contributions, and the board shall transmit
8    such withholdings to the specified labor organization
9    within 10 working days from the time of the withholding;
10        19a. Upon receipt of notice from the comptroller of a
11    municipality with a population of 500,000 or more, a county
12    with a population of 3,000,000 or more, the Cook County
13    Forest Preserve District, the Chicago Park District, the
14    Metropolitan Water Reclamation District, the Chicago
15    Transit Authority, or a housing authority of a municipality
16    with a population of 500,000 or more that a debt is due and
17    owing the municipality, the county, the Cook County Forest
18    Preserve District, the Chicago Park District, the
19    Metropolitan Water Reclamation District, the Chicago
20    Transit Authority, or the housing authority by an employee
21    of the Chicago Board of Education, to withhold, from the
22    compensation of that employee, the amount of the debt that
23    is due and owing and pay the amount withheld to the
24    municipality, the county, the Cook County Forest Preserve
25    District, the Chicago Park District, the Metropolitan
26    Water Reclamation District, the Chicago Transit Authority,



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



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1    money owed to the municipality, the county, the Cook County
2    Forest Preserve District, the Chicago Park District, the
3    Metropolitan Water Reclamation District, the Chicago
4    Transit Authority, or the housing authority pursuant to a
5    court order or order of an administrative hearing officer
6    after the exhaustion of, or the failure to exhaust,
7    judicial review;
8        20. The board is encouraged to employ a sufficient
9    number of certified school counselors to maintain a
10    student/counselor ratio of 250 to 1 by July 1, 1990. Each
11    counselor shall spend at least 75% of his work time in
12    direct contact with students and shall maintain a record of
13    such time;
14        21. To make available to students vocational and career
15    counseling and to establish 5 special career counseling
16    days for students and parents. On these days
17    representatives of local businesses and industries shall
18    be invited to the school campus and shall inform students
19    of career opportunities available to them in the various
20    businesses and industries. Special consideration shall be
21    given to counseling minority students as to career
22    opportunities available to them in various fields. For the
23    purposes of this paragraph, minority student means a person
24    who is any of the following:
25        (a) American Indian or Alaska Native (a person having
26    origins in any of the original peoples of North and South



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1    America, including Central America, and who maintains
2    tribal affiliation or community attachment).
3        (b) Asian (a person having origins in any of the
4    original peoples of the Far East, Southeast Asia, or the
5    Indian subcontinent, including, but not limited to,
6    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
7    the Philippine Islands, Thailand, and Vietnam).
8        (c) Black or African American (a person having origins
9    in any of the black racial groups of Africa). Terms such as
10    "Haitian" or "Negro" can be used in addition to "Black or
11    African American".
12        (d) Hispanic or Latino (a person of Cuban, Mexican,
13    Puerto Rican, South or Central American, or other Spanish
14    culture or origin, regardless of race).
15        (e) Native Hawaiian or Other Pacific Islander (a person
16    having origins in any of the original peoples of Hawaii,
17    Guam, Samoa, or other Pacific Islands).
18        Counseling days shall not be in lieu of regular school
19    days;
20        22. To report to the State Board of Education the
21    annual student dropout rate and number of students who
22    graduate from, transfer from or otherwise leave bilingual
23    programs;
24        23. Except as otherwise provided in the Abused and
25    Neglected Child Reporting Act or other applicable State or
26    federal law, to permit school officials to withhold, from



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1    any person, information on the whereabouts of any child
2    removed from school premises when the child has been taken
3    into protective custody as a victim of suspected child
4    abuse. School officials shall direct such person to the
5    Department of Children and Family Services, or to the local
6    law enforcement agency if appropriate;
7        24. To develop a policy, based on the current state of
8    existing school facilities, projected enrollment and
9    efficient utilization of available resources, for capital
10    improvement of schools and school buildings within the
11    district, addressing in that policy both the relative
12    priority for major repairs, renovations and additions to
13    school facilities, and the advisability or necessity of
14    building new school facilities or closing existing schools
15    to meet current or projected demographic patterns within
16    the district;
17        25. To make available to the students in every high
18    school attendance center the ability to take all courses
19    necessary to comply with the Board of Higher Education's
20    college entrance criteria effective in 1993;
21        26. To encourage mid-career changes into the teaching
22    profession, whereby qualified professionals become
23    certified teachers, by allowing credit for professional
24    employment in related fields when determining point of
25    entry on teacher pay scale;
26        27. To provide or contract out training programs for



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1    administrative personnel and principals with revised or
2    expanded duties pursuant to this Act in order to assure
3    they have the knowledge and skills to perform their duties;
4        28. To establish a fund for the prioritized special
5    needs programs, and to allocate such funds and other lump
6    sum amounts to each attendance center in a manner
7    consistent with the provisions of part 4 of Section 34-2.3.
8    Nothing in this paragraph shall be construed to require any
9    additional appropriations of State funds for this purpose;
10        29. (Blank);
11        30. Notwithstanding any other provision of this Act or
12    any other law to the contrary, to contract with third
13    parties for services otherwise performed by employees,
14    including those in a bargaining unit, and to layoff those
15    employees upon 14 days written notice to the affected
16    employees. Those contracts may be for a period not to
17    exceed 5 years and may be awarded on a system-wide basis.
18    The board may not operate more than 30 contract schools,
19    provided that the board may operate an additional 5
20    contract turnaround schools pursuant to item (5.5) of
21    subsection (d) of Section 34-8.3 of this Code;
22        31. To promulgate rules establishing procedures
23    governing the layoff or reduction in force of employees and
24    the recall of such employees, including, but not limited
25    to, criteria for such layoffs, reductions in force or
26    recall rights of such employees and the weight to be given



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1    to any particular criterion. Such criteria shall take into
2    account factors including, but not be limited to,
3    qualifications, certifications, experience, performance
4    ratings or evaluations, and any other factors relating to
5    an employee's job performance;
6        32. To develop a policy to prevent nepotism in the
7    hiring of personnel or the selection of contractors;
8        33. To enter into a partnership agreement, as required
9    by Section 34-3.5 of this Code, and, notwithstanding any
10    other provision of law to the contrary, to promulgate
11    policies, enter into contracts, and take any other action
12    necessary to accomplish the objectives and implement the
13    requirements of that agreement; and
14        34. To establish a Labor Management Council to the
15    board comprised of representatives of the board, the chief
16    executive officer, and those labor organizations that are
17    the exclusive representatives of employees of the board and
18    to promulgate policies and procedures for the operation of
19    the Council.
20    The specifications of the powers herein granted are not to
21be construed as exclusive but the board shall also exercise all
22other powers that they may be requisite or proper for the
23maintenance and the development of a public school system, not
24inconsistent with the other provisions of this Article or
25provisions of this Code which apply to all school districts.
26    In addition to the powers herein granted and authorized to



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1be exercised by the board, it shall be the duty of the board to
2review or to direct independent reviews of special education
3expenditures and services. The board shall file a report of
4such review with the General Assembly on or before May 1, 1990.
5(Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12;
697-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
7    Section 35. The Illinois Vehicle Code is amended by
8changing Section 3-630 as follows:
9    (625 ILCS 5/3-630)
10    Sec. 3-630. Violence prevention license plate.
11    (a) The Secretary, upon receipt of an application made in
12the form prescribed by the Secretary of State, may issue
13special registration plates designated to be Violence
14Prevention plates. The special plates issued under this Section
15shall be affixed only to passenger vehicles of the first
16division or motor vehicles of the second division weighing not
17more than 8,000 pounds. Plates issued under this Section shall
18expire according to the multi-year procedure established by
19Section 3-414.1 of this Code.
20    (b) The design and color of the plates shall be wholly
21within the discretion of the Secretary of State. Appropriate
22documentation, as determined by the Secretary, shall accompany
23the application. Beginning January 1, 1999, the Secretary may,
24in his or her discretion, allow the plates to be issued as



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1vanity plates or personalized in accordance with Section
23-405.1 of this Code.
3    (c) An applicant shall be charged a $40 dollar fee for
4original issuance in addition to the appropriate registration
5fee, if applicable. Of this fee, $25 shall be deposited into
6the ICJIA Violence Prevention Fund as created by this Act and
7$15 shall be deposited into the Secretary of State Special
8License Plate Fund to be used by the Secretary of State to help
9defray the administrative processing costs. For each
10registration renewal period a $27 fee, in addition to the
11appropriate registration fee, shall be charged. Of this fee,
12$25 shall be deposited into the ICJIA Violence Prevention Fund
13and $2 shall be deposited into the Secretary of State Special
14License Plate Fund.
15(Source: P.A. 89-353, eff. 8-17-95; 89-626, eff. 8-9-96;
1690-619, eff. 1-1-99.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law, except that Sections 15 and 25 take effect on
19June 30, 2013.".