SB2340 EngrossedLRB098 08200 NHT 40808 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25d, 2-3.25f, 2-3.25g, 2-3.25h, and 10-10 and by adding
6Section 2-3.25f-5 as follows:
 
7    (105 ILCS 5/2-3.25d)  (from Ch. 122, par. 2-3.25d)
8    Sec. 2-3.25d. Academic early warning and watch status.
9    (a) Beginning with the 2005-2006 school year, unless the
10federal government formally disapproves of such policy through
11the submission and review process for the Illinois
12Accountability Workbook, those schools that do not meet
13adequate yearly progress criteria for 2 consecutive annual
14calculations in the same subject or in their participation
15rate, attendance rate, or graduation rate shall be placed on
16academic early warning status for the next school year. Schools
17on academic early warning status that do not meet adequate
18yearly progress criteria for a third annual calculation in the
19same subject or in their participation rate, attendance rate,
20or graduation rate shall remain on academic early warning
21status. Schools on academic early warning status that do not
22meet adequate yearly progress criteria for a fourth annual
23calculation in the same subject or in their participation rate,

 

 

SB2340 Engrossed- 2 -LRB098 08200 NHT 40808 b

1attendance rate, or graduation rate shall be placed on initial
2academic watch status. Schools on academic watch status that do
3not meet adequate yearly progress criteria for a fifth or
4subsequent annual calculation in the same subject or in their
5participation rate, attendance rate, or graduation rate shall
6remain on academic watch status. Schools on academic early
7warning or academic watch status that meet adequate yearly
8progress criteria for 2 consecutive calculations shall be
9considered as having met expectations and shall be removed from
10any status designation.
11    The school district of a school placed on either academic
12early warning status or academic watch status may appeal the
13status to the State Board of Education in accordance with
14Section 2-3.25m of this Code.
15    A school district that has one or more schools on academic
16early warning or academic watch status shall prepare a revised
17School Improvement Plan or amendments thereto setting forth the
18district's expectations for removing each school from academic
19early warning or academic watch status and for improving
20student performance in the affected school or schools.
21Districts operating under Article 34 of this Code may prepare
22the School Improvement Plan required under Section 34-2.4 of
23this Code.
24    The revised School Improvement Plan for a school that is
25initially placed on academic early warning status or that
26remains on academic early warning status after a third annual

 

 

SB2340 Engrossed- 3 -LRB098 08200 NHT 40808 b

1calculation must be approved by the school board (and by the
2school's local school council in a district operating under
3Article 34 of this Code, unless the school is on probation
4pursuant to subsection (c) of Section 34-8.3 of this Code).
5    The revised School Improvement Plan for a school that is
6initially placed on academic watch status after a fourth annual
7calculation must be approved by the school board (and by the
8school's local school council in a district operating under
9Article 34 of this Code, unless the school is on probation
10pursuant to subsection (c) of Section 34-8.3 of this Code).
11    The revised School Improvement Plan for a school that
12remains on academic watch status after a fifth annual
13calculation must be approved by the school board (and by the
14school's local school council in a district operating under
15Article 34 of this Code, unless the school is on probation
16pursuant to subsection (c) of Section 34-8.3 of this Code). In
17addition, the district must develop a school restructuring plan
18for the school that must be approved by the school board (and
19by the school's local school council in a district operating
20under Article 34 of this Code).
21    A school on academic watch status that does not meet
22adequate yearly progress criteria for a sixth annual
23calculation shall implement its approved school restructuring
24plan beginning with the next school year, subject to the State
25interventions specified in Sections Section 2-3.25f and
262-3.25f-5 of this Code.

 

 

SB2340 Engrossed- 4 -LRB098 08200 NHT 40808 b

1    (b) Beginning with the 2005-2006 school year, unless the
2federal government formally disapproves of such policy through
3the submission and review process for the Illinois
4Accountability Workbook, those school districts that do not
5meet adequate yearly progress criteria for 2 consecutive annual
6calculations in the same subject or in their participation
7rate, attendance rate, or graduation rate shall be placed on
8academic early warning status for the next school year.
9Districts on academic early warning status that do not meet
10adequate yearly progress criteria for a third annual
11calculation in the same subject or in their participation rate,
12attendance rate, or graduation rate shall remain on academic
13early warning status. Districts on academic early warning
14status that do not meet adequate yearly progress criteria for a
15fourth annual calculation in the same subject or in their
16participation rate, attendance rate, or graduation rate shall
17be placed on initial academic watch status. Districts on
18academic watch status that do not meet adequate yearly progress
19criteria for a fifth or subsequent annual calculation in the
20same subject or in their participation rate, attendance rate,
21or graduation rate shall remain on academic watch status.
22Districts on academic early warning or academic watch status
23that meet adequate yearly progress criteria for one annual
24calculation shall be considered as having met expectations and
25shall be removed from any status designation.
26    A district placed on either academic early warning status

 

 

SB2340 Engrossed- 5 -LRB098 08200 NHT 40808 b

1or academic watch status may appeal the status to the State
2Board of Education in accordance with Section 2-3.25m of this
3Code.
4    Districts on academic early warning or academic watch
5status shall prepare a District Improvement Plan or amendments
6thereto setting forth the district's expectations for removing
7the district from academic early warning or academic watch
8status and for improving student performance in the district.
9    All District Improvement Plans must be approved by the
10school board.
11    (c) All revised School and District Improvement Plans shall
12be developed in collaboration with parents, staff in the
13affected school or school district, and outside experts. All
14revised School and District Improvement Plans shall be
15developed, submitted, and monitored pursuant to rules adopted
16by the State Board of Education. The revised Improvement Plan
17shall address measurable outcomes for improving student
18performance so that such performance meets adequate yearly
19progress criteria as specified by the State Board of Education.
20All school districts required to revise a School Improvement
21Plan in accordance with this Section shall establish a peer
22review process for the evaluation of School Improvement Plans.
23    (d) All federal requirements apply to schools and school
24districts utilizing federal funds under Title I, Part A of the
25federal Elementary and Secondary Education Act of 1965.
26    (e) The State Board of Education, from any moneys it may

 

 

SB2340 Engrossed- 6 -LRB098 08200 NHT 40808 b

1have available for this purpose, must implement and administer
2a grant program that provides 2-year grants to school districts
3on the academic watch list and other school districts that have
4the lowest achieving students, as determined by the State Board
5of Education, to be used to improve student achievement. In
6order to receive a grant under this program, a school district
7must establish an accountability program. The accountability
8program must involve the use of statewide testing standards and
9local evaluation measures. A grant shall be automatically
10renewed when achievement goals are met. The Board may adopt any
11rules necessary to implement and administer this grant program.
12(Source: P.A. 96-734, eff. 8-25-09.)
 
13    (105 ILCS 5/2-3.25f)  (from Ch. 122, par. 2-3.25f)
14    Sec. 2-3.25f. State interventions.
15    (a) The State Board of Education shall provide technical
16assistance to assist with the development and implementation of
17School and District Improvement Plans.
18    Schools or school districts that fail to make reasonable
19efforts to implement an approved Improvement Plan may suffer
20loss of State funds by school district, attendance center, or
21program as the State Board of Education deems appropriate.
22    (a-5) In this subsection (a-5), "school" means any of the
23following named public schools or their successor name:
24        (1) Dirksen Middle School in Dolton School District
25    149.

 

 

SB2340 Engrossed- 7 -LRB098 08200 NHT 40808 b

1        (2) Diekman Elementary School in Dolton School
2    District 149.
3        (3) Caroline Sibley Elementary School in Dolton School
4    District 149.
5        (4) Berger-Vandenberg Elementary School in Dolton
6    School District 149.
7        (5) Carol Moseley Braun School in Dolton School
8    District 149.
9        (6) New Beginnings Learning Academy in Dolton School
10    District 149.
11        (7) McKinley Junior High School in South Holland School
12    District 150.
13        (8) Greenwood Elementary School in South Holland
14    School District 150.
15        (9) McKinley Elementary School in South Holland School
16    District 150.
17        (10) Eisenhower School in South Holland School
18    District 151.
19        (11) Madison School in South Holland School District
20    151.
21        (12) Taft School in South Holland School District 151.
22        (13) Wolcott School in Thornton School District 154.
23        (14) Memorial Junior High School in Lansing School
24    District 158.
25        (15) Oak Glen Elementary School in Lansing School
26    District 158.

 

 

SB2340 Engrossed- 8 -LRB098 08200 NHT 40808 b

1        (16) Lester Crawl Primary Center in Lansing School
2    District 158.
3        (17) Brookwood Junior High School in Brookwood School
4    District 167.
5        (18) Brookwood Middle School in Brookwood School
6    District 167.
7        (19) Hickory Bend Elementary School in Brookwood
8    School District 167.
9        (20) Medgar Evers Primary Academic Center in Ford
10    Heights School District 169.
11        (21) Nathan Hale Elementary School in Sunnybrook
12    School District 171.
13        (22) Ira F. Aldridge Elementary School in City of
14    Chicago School District 299.
15        (23) William E.B. DuBois Elementary School in City of
16    Chicago School District 299.
17    If, after 2 years following its placement on academic watch
18status, a school remains on academic watch status, then,
19subject to federal appropriation money being available, the
20State Board of Education shall allow the school board to opt in
21the process of operating that school on a pilot full-year
22school plan approved by the State Board of Education upon
23expiration of its teachers' current collective bargaining
24agreement until the expiration of the next collective
25bargaining agreement. A school board must notify the State
26Board of Education of its intent to opt in the process of

 

 

SB2340 Engrossed- 9 -LRB098 08200 NHT 40808 b

1operating a school on a pilot full-year school plan.
2    (b) In addition, if after 3 years following its placement
3on academic watch status a school district or school remains on
4academic watch status, the State Board of Education may shall
5take one of the following actions for the district specified
6under Section 2-3.25f-5 of this Code or school: (1) The State
7Board of Education may authorize the State Superintendent of
8Education to direct the regional superintendent of schools to
9remove school board members pursuant to Section 3-14.28 of this
10Code. Prior to such direction the State Board of Education
11shall permit members of the local board of education to present
12written and oral comments to the State Board of Education. The
13State Board of Education may direct the State Superintendent of
14Education to appoint an Independent Authority that shall
15exercise such powers and duties as may be necessary to operate
16a school or school district for purposes of improving pupil
17performance and school improvement. The State Superintendent
18of Education shall designate one member of the Independent
19Authority to serve as chairman. The Independent Authority shall
20serve for a period of time specified by the State Board of
21Education upon the recommendation of the State Superintendent
22of Education. (2) The State Board of Education may (i) (A)
23change the recognition status of the school district or school
24to nonrecognized, or (ii) (B) authorize the State
25Superintendent of Education to direct the reassignment of
26pupils or direct the reassignment or replacement of school

 

 

SB2340 Engrossed- 10 -LRB098 08200 NHT 40808 b

1district personnel who are relevant to the failure to meet
2adequate yearly progress criteria. If a school district is
3nonrecognized in its entirety, it shall automatically be
4dissolved on July 1 following that nonrecognition and its
5territory realigned with another school district or districts
6by the regional board of school trustees in accordance with the
7procedures set forth in Section 7-11 of the School Code. The
8effective date of the nonrecognition of a school shall be July
91 following the nonrecognition.
10    (c) All federal requirements apply to schools and school
11districts utilizing federal funds under Title I, Part A of the
12federal Elementary and Secondary Education Act of 1965.
13(Source: P.A. 97-370, eff. 1-1-12.)
 
14    (105 ILCS 5/2-3.25f-5 new)
15    Sec. 2-3.25f-5. Independent Authority.
16    (a) The General Assembly finds all of the following:
17        (1) A fundamental goal of the people of this State, as
18    expressed in Section 1 of Article X of the Illinois
19    Constitution, is the educational development of all
20    persons to the limits of their capacities. When a school
21    board faces governance difficulties, continued operation
22    of the public school system is threatened.
23        (2) Sound school board governance, academic
24    achievement, and sound financial structure are essential
25    to the continued operation of any school system. It is

 

 

SB2340 Engrossed- 11 -LRB098 08200 NHT 40808 b

1    vital to commercial, educational, and cultural interests
2    that public schools remain in operation. To achieve that
3    goal, public school systems must have effective
4    leadership.
5        (3) To promote the sound operation of districts, as
6    defined in this Section, it may be necessary to provide for
7    the creation of independent authorities with the powers
8    necessary to promote sound governance, sound academic
9    planning, and sound financial management and to ensure the
10    continued operation of the public schools.
11        (4) It is the purpose of this Section to provide for a
12    sound basis for the continued operation of public schools.
13    The intention of the General Assembly, in creating this
14    Section, is to establish procedures, provide powers, and
15    impose restrictions to ensure the educational integrity of
16    public school districts.
17    (b) As used in this Section:
18    "Board" means a school board of a district.
19    "Chairperson" means the Chairperson of the Independent
20Authority.
21    "District" means any school district having a population of
22not more than 500,000.
23    "State Board" means the State Board of Education.
24    "State Superintendent" means the State Superintendent of
25Education.
26    (c) The State Board has the power to direct the State

 

 

SB2340 Engrossed- 12 -LRB098 08200 NHT 40808 b

1Superintendent to remove a board. Boards may be removed when
2the criteria provided for in subsection (d) of this Section are
3met.
4    If the State Board proposes to direct the State
5Superintendent to remove a board from a district, board members
6shall receive individual written notice of the intended
7removal. Written notice must be provided at least 30 calendar
8days before a hearing is held by the State Board. This notice
9shall identify the basis for proposed removal.
10    Board members are entitled to a hearing, during which time
11each board member shall have the opportunity to respond
12individually, both orally and through written comments, to the
13basis laid out in the notice. Written comments must be
14submitted to the State Board on or before the hearing.
15    Board members are entitled to be represented by counsel at
16the hearing, but counsel must not be paid with district funds,
17unless the State Board decides that the board will not be
18removed and then the board members may be reimbursed for all
19reasonable attorney's fees by the district.
20    The State Board shall make a final decision on removal
21immediately following the hearing or at its next regularly
22scheduled or special meeting. In no event may the decision be
23made later than the next regularly scheduled meeting.
24    The State Board shall issue a final written decision. If
25the State Board directs the State Superintendent to remove the
26board, the State Superintendent shall do so within 30 days

 

 

SB2340 Engrossed- 13 -LRB098 08200 NHT 40808 b

1after the written decision. Following the removal of the board,
2the State Superintendent shall establish an Independent
3Authority pursuant to subsection (e) of this Section.
4    If there is a financial oversight panel operating in the
5district pursuant to Article 1B or 1H of this Code, the State
6Board may, at its discretion, abolish the panel.
7    (d) The State Board shall require districts that have been
8on academic watch status for 3 years or more and that are
9within the lowest 5% in terms of performance in this State, as
10determined by the State Superintendent, to seek accreditation
11through an independent accreditation organization chosen by
12the State Board and paid for by the State. The State Board may
13direct the State Superintendent to remove board members
14pursuant to subsection (c) of this Section in any district in
15which the district is unable to obtain accreditation in whole
16or in part due to reasons specifically related to school board
17governance. When determining if a district has failed to meet
18the standards for accreditation specifically related to school
19board governance, the accreditation entity shall take into
20account the overall academic, fiscal, and operational
21condition of the district and consider whether the board has
22failed to protect district assets, to direct sound
23administrative and academic policy, to abide by basic
24governance principles, including those set forth in district
25policies, and to conduct itself with professionalism and care
26and in a legally, ethically, and financially responsible

 

 

SB2340 Engrossed- 14 -LRB098 08200 NHT 40808 b

1manner. When considering if a board has failed in these areas,
2the accreditation entity shall consider some or all of the
3following factors; however, (i) a board does not have to have
4engaged in any specific number of these factors nor does it
5have to have failed in all of the following areas in order to
6be removed and (ii) the accreditation entity does not have to
7make a finding as to each of these factors:
8        (1) Failure to protect district assets by, without
9    limitation, incidents of fiscal fraud or misappropriation
10    of district funds; acts of neglecting the district's
11    building conditions; a failure to meet regularly
12    scheduled, payroll-period obligations when due; a failure
13    to develop and implement a comprehensive, risk-management
14    plan; a failure to provide financial information or
15    cooperate with the State Superintendent; or a failure to
16    file an annual financial report, an annual budget, a
17    deficit reduction plan, or other financial information as
18    required by law.
19        (2) Failure to direct sound administrative and
20    academic policy by, without limitation, hiring staff who do
21    not meet minimal certification requirements for the
22    positions being filled or who do not meet the customary
23    qualifications held by those occupying similar positions
24    in other school districts; a failure to avoid conflicts of
25    interest as it relates to hiring or other contractual
26    obligations; a failure to abide by competitive bidding

 

 

SB2340 Engrossed- 15 -LRB098 08200 NHT 40808 b

1    laws; a failure to abide by the Open Meetings Act and the
2    Freedom of Information Act; or a failure to adopt and
3    implement policies and practices that promote conditions
4    that support student learning, effective instruction, and
5    assessment that produce equitable and challenging learning
6    experiences for all students.
7        (3) Failure to abide by basic governance principles by,
8    without limitation, a failure to adopt and abide by sound
9    local governance policies; a failure to abide by the
10    principle that official action by the board occurs only
11    through a duly-called and legally conducted meeting of the
12    board; a failure to ensure that board decisions and actions
13    are in accordance with defined roles and responsibilities;
14    or a failure of the board to protect, support, and respect
15    the autonomy of a system to accomplish goals for
16    improvement in student learning and instruction and to
17    manage day-to-day operations of the school system and its
18    schools, including maintaining the distinction between the
19    board's roles and responsibilities and those of
20    administrative leadership.
21        (4) Failure to conduct itself in a legally, ethically,
22    and financially responsible manner by, without limitation,
23    a failure to act in accordance with the Constitution of the
24    United States of America and the Constitution of the State
25    of Illinois and within the scope of State and federal laws;
26    a failure to comply with all district policies and

 

 

SB2340 Engrossed- 16 -LRB098 08200 NHT 40808 b

1    procedures and all State rules; or a failure to comply with
2    the governmental entities provisions of the State
3    Officials and Employees Ethics Act, including the gift ban
4    and prohibited political activities provisions.
5    (e) Upon removal of the board, the State Superintendent
6shall establish an Independent Authority. Upon establishment
7of an Independent Authority, there is established a body both
8corporate and politic to be known as the "(Name of the School
9District) Independent Authority", which in this name shall
10exercise all of the authority vested in an Independent
11Authority by this Section and by the name may sue and be sued
12in all courts and places where judicial proceedings are had.
13    (f) Upon establishment of an Independent Authority under
14subsection (e) of this Section, the State Superintendent shall,
15within 30 working days thereafter and in consultation with
16State and locally elected officials, appoint 5 or 7 members to
17serve on an Independent Authority for the district. Members
18appointed to the Independent Authority shall serve at the
19pleasure of the State Superintendent. The State Superintendent
20shall designate one of the members of the Independent Authority
21to serve as its chairperson. In the event of vacancy or
22resignation, the State Superintendent shall, within 15
23workings days after receiving notice, appoint a successor to
24serve out that member's term. If the State Board has abolished
25a financial oversight panel pursuant to subsection (c) of this
26Section, the State Superintendent may appoint former members of

 

 

SB2340 Engrossed- 17 -LRB098 08200 NHT 40808 b

1the panel to the Independent Authority. These members may serve
2as part of the 5 or 7 members or may be appointed in addition to
3the 5 or 7 members, with the Independent Authority not to
4exceed 9 members in total.
5    Members of the Independent Authority must be selected
6primarily on the basis of their experience and knowledge in
7education policy and governance, with consideration given to
8persons knowledgeable in the operation of a school district. A
9member of the Independent Authority must be a registered voter
10as provided in the general election law, must not be a school
11trustee, and must not be a child sex offender as defined in
12Section 11-9.3 of the Criminal Code of 2012. A majority of the
13members of the Independent Authority must be residents of the
14district that the Independent Authority serves. A member of the
15Independent Authority may not be an employee of the district,
16nor may a member have a direct financial interest in the
17district.
18    Independent Authority members may be reimbursed by the
19district for travel if they live more than 25 miles away from
20the district's headquarters and other necessary expenses
21incurred in the performance of their official duties. The
22amount reimbursed members for their expenses must be charged to
23the school district.
24    With the exception of the Chairperson, the Independent
25Authority may elect such officers as it deems appropriate.
26    The first meeting of the Independent Authority must be held

 

 

SB2340 Engrossed- 18 -LRB098 08200 NHT 40808 b

1at the call of the Chairperson. The Independent Authority shall
2prescribe the times and places for its meetings and the manner
3in which regular and special meetings may be called and shall
4comply with the Open Meetings Act.
5    All Independent Authority members must complete the
6training required of school board members under Section 10-16a
7of this Code.
8    (g) The purpose of the Independent Authority is to operate
9the district. The Independent Authority shall have all of the
10powers and duties of a board and all other powers necessary to
11meet its responsibilities and to carry out its purpose and the
12purposes of this Section and that may be requisite or proper
13for the maintenance, operation, and development of any school
14or schools under the jurisdiction of the Independent Authority.
15This grant of powers does not release an Independent Authority
16from any duty imposed upon it by this Code or any other law.
17    The Independent Authority shall have no power to
18unilaterally cancel or modify any collective bargaining
19agreement in force upon the date of creation of the Independent
20Authority.
21    (h) The Independent Authority may prepare and file with the
22State Superintendent a proposal for emergency financial
23assistance for the school district and for the operations
24budget of the Independent Authority, in accordance with Section
251B-8 of this Code. A district may receive both a loan and a
26grant.

 

 

SB2340 Engrossed- 19 -LRB098 08200 NHT 40808 b

1    (i) An election for board members must not be held in a
2district upon the establishment of an Independent Authority and
3is suspended until the next regularly scheduled school board
4election that takes place no less than 2 years following the
5establishment of the Independent Authority. For this first
6election, 3 school board members must be elected to serve out
7terms of 4 years and until successors are elected and have
8qualified. Members of the Independent Authority are eligible to
9run for election in the district, provided that they meet all
10other eligibility requirements of Section 10-10 of this Code.
11Following this election, the school board shall consist of the
12newly elected members and any remaining members of the
13Independent Authority. The majority of this board must be
14residents of the district. The State Superintendent must
15appoint new members who are residents to the Independent
16Authority if necessary to maintain this majority. At the next
17school board election, 4 school board members must be elected
18to serve out terms of 4 years and until successors are elected
19and have qualified. For purposes of these first 2 elections,
20the school board members must be elected at-large. In districts
21where board members were previously elected using an
22alternative format pursuant to Article 9 of this Code,
23following these first 2 elections, the voting shall
24automatically revert back to the original form. Following the
25election, any remaining Independent Authority members shall
26serve in the district as an oversight panel until such time as

 

 

SB2340 Engrossed- 20 -LRB098 08200 NHT 40808 b

1the district meets the governance standards necessary to
2achieve accreditation. If some or all of the Independent
3Authority members have been elected to the board, the State
4Superintendent may, in his or her discretion, appoint new
5members to the Independent Authority pursuant to subsection (f)
6of this Section. The school board shall get approval of all
7actions by the Independent Authority during the time the
8Independent Authority serves as an oversight panel.
9    Board members who were removed pursuant to subsection (c)
10of this Section are ineligible to run for school board in the
11district for 10 years following the abolition of the
12Independent Authority pursuant to subsection (l) of this
13Section. However, board members who were removed pursuant to
14subsection (c) of this Section and were appointed to the
15Independent Authority by the State Superintendent are eligible
16to run for school board in the district.
17    (j) The Independent Authority, upon its members taking
18office and annually thereafter and upon request, shall prepare
19and submit to the State Superintendent a report on the state of
20the district, including without limitation the academic
21improvement and financial situation of the district. This
22report must be submitted annually on or before March 1 of each
23year. The State Superintendent shall provide copies of any and
24all reports to the regional office of education for the
25district and to the State Senator and Representative
26representing the area where the district is located.

 

 

SB2340 Engrossed- 21 -LRB098 08200 NHT 40808 b

1    (k) The district shall render such services to and permit
2the use of its facilities and resources by the Independent
3Authority at no charge as may be requested by the Independent
4Authority. Any State agency, unit of local government, or
5school district may, within its lawful powers and duties,
6render such services to the Independent Authority as may be
7requested by the Independent Authority.
8    (l) An Independent Authority must be abolished when the
9district, following the election of the full board, meets the
10governance standards necessary to achieve accreditation status
11by an independent accreditation agency chosen by the State
12Board. The abolition of the Independent Authority shall take
13place within 30 days after this determination of the
14accreditation agency.
15    Upon abolition of the Independent Authority, all powers and
16duties allowed by this Code to be exercised by a school board
17shall be transferred to the elected school board.
18    (m) The Independent Authority must be indemnified through
19insurance purchased by the district. The district shall
20purchase insurance through which the Independent Authority is
21to be indemnified.
22    The district retains the duty to represent and to indemnify
23Independent Authority members following the abolition of the
24Independent Authority for any cause of action or remedy
25available against the Independent Authority, its members, its
26employees, or its agents for any right or claim existing or any

 

 

SB2340 Engrossed- 22 -LRB098 08200 NHT 40808 b

1liability incurred prior to the abolition.
2    The insurance shall indemnify and protect districts,
3Independent Authority members, employees, volunteer personnel
4authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of
5this Code, mentors of certified or licensed staff as authorized
6in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of
7this Code, and student teachers against civil rights damage
8claims and suits, constitutional rights damage claims and
9suits, and death and bodily injury and property damage claims
10and suits, including defense thereof, when damages are sought
11for negligent or wrongful acts alleged to have been committed
12in the scope of employment, under the direction of the
13Independent Authority, or related to any mentoring services
14provided to certified or licensed staff of the district. Such
15indemnification and protection shall extend to persons who were
16members of an Independent Authority, employees of an
17Independent Authority, authorized volunteer personnel, mentors
18of certified or licensed staff, or student teachers at the time
19of the incident from which a claim arises. No agent may be
20afforded indemnification or protection unless he or she was a
21member of an Independent Authority, an employee of an
22Independent Authority, an authorized volunteer, a mentor of
23certified or licensed staff, or a student teacher at the time
24of the incident from which the claim arises.
25    (n) The State Board may adopt rules as may be necessary for
26the administration of this Section.
 

 

 

SB2340 Engrossed- 23 -LRB098 08200 NHT 40808 b

1    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
2    Sec. 2-3.25g. Waiver or modification of mandates within the
3School Code and administrative rules and regulations.
4    (a) In this Section:
5        "Board" means a school board or the governing board or
6    administrative district, as the case may be, for a joint
7    agreement.
8        "Eligible applicant" means a school district, joint
9    agreement made up of school districts, or regional
10    superintendent of schools on behalf of schools and programs
11    operated by the regional office of education.
12        "Implementation date" has the meaning set forth in
13    Section 24A-2.5 of this Code.
14        "State Board" means the State Board of Education.
15    (b) Notwithstanding any other provisions of this School
16Code or any other law of this State to the contrary, eligible
17applicants may petition the State Board of Education for the
18waiver or modification of the mandates of this School Code or
19of the administrative rules and regulations promulgated by the
20State Board of Education. Waivers or modifications of
21administrative rules and regulations and modifications of
22mandates of this School Code may be requested when an eligible
23applicant demonstrates that it can address the intent of the
24rule or mandate in a more effective, efficient, or economical
25manner or when necessary to stimulate innovation or improve

 

 

SB2340 Engrossed- 24 -LRB098 08200 NHT 40808 b

1student performance. Waivers of mandates of the School Code may
2be requested when the waivers are necessary to stimulate
3innovation or improve student performance. Waivers may not be
4requested from laws, rules, and regulations pertaining to
5special education, teacher certification, teacher tenure and
6seniority, or Section 5-2.1 of this Code or from compliance
7with the No Child Left Behind Act of 2001 (Public Law 107-110).
8On and after the applicable implementation date, eligible
9applicants may not seek a waiver or seek a modification of a
10mandate regarding the requirements for (i) student performance
11data to be a significant factor in teacher or principal
12evaluations or (ii) for teachers and principals to be rated
13using the 4 categories of "excellent", "proficient", "needs
14improvement", or "unsatisfactory". On the applicable
15implementation date, any previously authorized waiver or
16modification from such requirements shall terminate.
17    (c) Eligible applicants, as a matter of inherent managerial
18policy, and any Independent Authority established under
19Section 2-3.25f-5 of this Code 2-3.25f may submit an
20application for a waiver or modification authorized under this
21Section. Each application must include a written request by the
22eligible applicant or Independent Authority and must
23demonstrate that the intent of the mandate can be addressed in
24a more effective, efficient, or economical manner or be based
25upon a specific plan for improved student performance and
26school improvement. Any eligible applicant requesting a waiver

 

 

SB2340 Engrossed- 25 -LRB098 08200 NHT 40808 b

1or modification for the reason that intent of the mandate can
2be addressed in a more economical manner shall include in the
3application a fiscal analysis showing current expenditures on
4the mandate and projected savings resulting from the waiver or
5modification. Applications and plans developed by eligible
6applicants must be approved by the board or regional
7superintendent of schools applying on behalf of schools or
8programs operated by the regional office of education following
9a public hearing on the application and plan and the
10opportunity for the board or regional superintendent to hear
11testimony from staff directly involved in its implementation,
12parents, and students. The time period for such testimony shall
13be separate from the time period established by the eligible
14applicant for public comment on other matters. If the applicant
15is a school district or joint agreement requesting a waiver or
16modification of Section 27-6 of this Code, the public hearing
17shall be held on a day other than the day on which a regular
18meeting of the board is held.
19    (c-5) If the applicant is a school district, then the
20district shall post information that sets forth the time, date,
21place, and general subject matter of the public hearing on its
22Internet website at least 14 days prior to the hearing. If the
23district is requesting to increase the fee charged for driver
24education authorized pursuant to Section 27-24.2 of this Code,
25the website information shall include the proposed amount of
26the fee the district will request. All school districts must

 

 

SB2340 Engrossed- 26 -LRB098 08200 NHT 40808 b

1publish a notice of the public hearing at least 7 days prior to
2the hearing in a newspaper of general circulation within the
3school district that sets forth the time, date, place, and
4general subject matter of the hearing. Districts requesting to
5increase the fee charged for driver education shall include in
6the published notice the proposed amount of the fee the
7district will request. If the applicant is a joint agreement or
8regional superintendent, then the joint agreement or regional
9superintendent shall post information that sets forth the time,
10date, place, and general subject matter of the public hearing
11on its Internet website at least 14 days prior to the hearing.
12If the joint agreement or regional superintendent is requesting
13to increase the fee charged for driver education authorized
14pursuant to Section 27-24.2 of this Code, the website
15information shall include the proposed amount of the fee the
16applicant will request. All joint agreements and regional
17superintendents must publish a notice of the public hearing at
18least 7 days prior to the hearing in a newspaper of general
19circulation in each school district that is a member of the
20joint agreement or that is served by the educational service
21region that sets forth the time, date, place, and general
22subject matter of the hearing, provided that a notice appearing
23in a newspaper generally circulated in more than one school
24district shall be deemed to fulfill this requirement with
25respect to all of the affected districts. Joint agreements or
26regional superintendents requesting to increase the fee

 

 

SB2340 Engrossed- 27 -LRB098 08200 NHT 40808 b

1charged for driver education shall include in the published
2notice the proposed amount of the fee the applicant will
3request. The eligible applicant must notify in writing the
4affected exclusive collective bargaining agent and those State
5legislators representing the eligible applicant's territory of
6its intent to seek approval of a waiver or modification and of
7the hearing to be held to take testimony from staff. The
8affected exclusive collective bargaining agents shall be
9notified of such public hearing at least 7 days prior to the
10date of the hearing and shall be allowed to attend such public
11hearing. The eligible applicant shall attest to compliance with
12all of the notification and procedural requirements set forth
13in this Section.
14    (d) A request for a waiver or modification of
15administrative rules and regulations or for a modification of
16mandates contained in this School Code shall be submitted to
17the State Board of Education within 15 days after approval by
18the board or regional superintendent of schools. The
19application as submitted to the State Board of Education shall
20include a description of the public hearing. Except with
21respect to contracting for adaptive driver education, an
22eligible applicant wishing to request a modification or waiver
23of administrative rules of the State Board of Education
24regarding contracting with a commercial driver training school
25to provide the course of study authorized under Section 27-24.2
26of this Code must provide evidence with its application that

 

 

SB2340 Engrossed- 28 -LRB098 08200 NHT 40808 b

1the commercial driver training school with which it will
2contract holds a license issued by the Secretary of State under
3Article IV of Chapter 6 of the Illinois Vehicle Code and that
4each instructor employed by the commercial driver training
5school to provide instruction to students served by the school
6district holds a valid teaching certificate or teaching
7license, as applicable, issued under the requirements of this
8Code and rules of the State Board of Education. Such evidence
9must include, but need not be limited to, a list of each
10instructor assigned to teach students served by the school
11district, which list shall include the instructor's name,
12personal identification number as required by the State Board
13of Education, birth date, and driver's license number. If the
14modification or waiver is granted, then the eligible applicant
15shall notify the State Board of Education of any changes in the
16personnel providing instruction within 15 calendar days after
17an instructor leaves the program or a new instructor is hired.
18Such notification shall include the instructor's name,
19personal identification number as required by the State Board
20of Education, birth date, and driver's license number. If a
21school district maintains an Internet website, then the
22district shall post a copy of the final contract between the
23district and the commercial driver training school on the
24district's Internet website. If no Internet website exists,
25then the district shall make available the contract upon
26request. A record of all materials in relation to the

 

 

SB2340 Engrossed- 29 -LRB098 08200 NHT 40808 b

1application for contracting must be maintained by the school
2district and made available to parents and guardians upon
3request. The instructor's date of birth and driver's license
4number and any other personally identifying information as
5deemed by the federal Driver's Privacy Protection Act of 1994
6must be redacted from any public materials. Following receipt
7of the waiver or modification request, the State Board shall
8have 45 days to review the application and request. If the
9State Board fails to disapprove the application within that 45
10day period, the waiver or modification shall be deemed granted.
11The State Board may disapprove any request if it is not based
12upon sound educational practices, endangers the health or
13safety of students or staff, compromises equal opportunities
14for learning, or fails to demonstrate that the intent of the
15rule or mandate can be addressed in a more effective,
16efficient, or economical manner or have improved student
17performance as a primary goal. Any request disapproved by the
18State Board may be appealed to the General Assembly by the
19eligible applicant as outlined in this Section.
20    A request for a waiver from mandates contained in this
21School Code shall be submitted to the State Board within 15
22days after approval by the board or regional superintendent of
23schools. The application as submitted to the State Board of
24Education shall include a description of the public hearing.
25The description shall include, but need not be limited to, the
26means of notice, the number of people in attendance, the number

 

 

SB2340 Engrossed- 30 -LRB098 08200 NHT 40808 b

1of people who spoke as proponents or opponents of the waiver, a
2brief description of their comments, and whether there were any
3written statements submitted. The State Board shall review the
4applications and requests for completeness and shall compile
5the requests in reports to be filed with the General Assembly.
6The State Board shall file reports outlining the waivers
7requested by eligible applicants and appeals by eligible
8applicants of requests disapproved by the State Board with the
9Senate and the House of Representatives before each March 1 and
10October 1. The General Assembly may disapprove the report of
11the State Board in whole or in part within 60 calendar days
12after each house of the General Assembly next convenes after
13the report is filed by adoption of a resolution by a record
14vote of the majority of members elected in each house. If the
15General Assembly fails to disapprove any waiver request or
16appealed request within such 60 day period, the waiver or
17modification shall be deemed granted. Any resolution adopted by
18the General Assembly disapproving a report of the State Board
19in whole or in part shall be binding on the State Board.
20    (e) An approved waiver or modification (except a waiver
21from or modification to a physical education mandate) may
22remain in effect for a period not to exceed 5 school years and
23may be renewed upon application by the eligible applicant.
24However, such waiver or modification may be changed within that
255-year period by a board or regional superintendent of schools
26applying on behalf of schools or programs operated by the

 

 

SB2340 Engrossed- 31 -LRB098 08200 NHT 40808 b

1regional office of education following the procedure as set
2forth in this Section for the initial waiver or modification
3request. If neither the State Board of Education nor the
4General Assembly disapproves, the change is deemed granted.
5    An approved waiver from or modification to a physical
6education mandate may remain in effect for a period not to
7exceed 2 school years and may be renewed no more than 2 times
8upon application by the eligible applicant. An approved waiver
9from or modification to a physical education mandate may be
10changed within the 2-year period by the board or regional
11superintendent of schools, whichever is applicable, following
12the procedure set forth in this Section for the initial waiver
13or modification request. If neither the State Board of
14Education nor the General Assembly disapproves, the change is
15deemed granted.
16    (f) (Blank).
17(Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10;
1897-1025, eff. 1-1-13.)
 
19    (105 ILCS 5/2-3.25h)  (from Ch. 122, par. 2-3.25h)
20    Sec. 2-3.25h. Technical assistance; State support
21services. Schools, school districts, local school councils,
22school improvement panels, and any Independent Authority
23established under Section 2-3.25f-5 of this Code 2-3.25f may
24receive technical assistance that the State Board of Education
25shall make available. Such technical assistance shall include

 

 

SB2340 Engrossed- 32 -LRB098 08200 NHT 40808 b

1without limitation assistance in the areas of curriculum
2evaluation, the instructional process, student performance,
3school environment, staff effectiveness, school and community
4relations, parental involvement, resource management,
5leadership, data analysis processes and tools, school
6improvement plan guidance and feedback, information regarding
7scientifically based research-proven curriculum and
8instruction, and professional development opportunities for
9teachers and administrators.
10(Source: P.A. 93-470, eff. 8-8-03.)
 
11    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
12    Sec. 10-10. Board of education; Term; Vacancy. All school
13districts having a population of not fewer than 1,000 and not
14more than 500,000 inhabitants, as ascertained by any special or
15general census, and not governed by special Acts, shall be
16governed by a board of education consisting of 7 members,
17serving without compensation except as herein provided. Each
18member shall be elected for a term of 4 years for the initial
19members of the board of education of a combined school district
20to which that subsection applies. If 5 members are elected in
211983 pursuant to the extension of terms provided by law for
22transition to the consolidated election schedule under the
23general election law, 2 of those members shall be elected to
24serve terms of 2 years and 3 shall be elected to serve terms of
254 years; their successors shall serve for a 4 year term. When

 

 

SB2340 Engrossed- 33 -LRB098 08200 NHT 40808 b

1the voters of a district have voted to elect members of the
2board of education for 6 year terms, as provided in Section
39-5, the terms of office of members of the board of education
4of that district expire when their successors assume office but
5not later than 7 days after such election. If at the regular
6school election held in the first odd-numbered year after the
7determination to elect members for 6 year terms 2 members are
8elected, they shall serve for a 6 year term; and of the members
9elected at the next regular school election 3 shall serve for a
10term of 6 years and 2 shall serve a term of 2 years. Thereafter
11members elected in such districts shall be elected to a 6 year
12term. If at the regular school election held in the first
13odd-numbered year after the determination to elect members for
146 year terms 3 members are elected, they shall serve for a 6
15year term; and of the members elected at the next regular
16school election 2 shall serve for a term of 2 years and 2 shall
17serve for a term of 6 years. Thereafter members elected in such
18districts shall be elected to a 6 year term. If at the regular
19school election held in the first odd-numbered year after the
20determination to elect members for 6 year terms 4 members are
21elected, 3 shall serve for a term of 6 years and one shall
22serve for a term of 2 years; and of the members elected at the
23next regular school election 2 shall serve for terms of 6 years
24and 2 shall serve for terms of 2 years. Thereafter members
25elected in such districts shall be elected to a 6 year term. If
26at the regular school election held in the first odd-numbered

 

 

SB2340 Engrossed- 34 -LRB098 08200 NHT 40808 b

1year after the determination to elect members for a 6 year term
25 members are elected, 3 shall serve for a term of 6 years and 2
3shall serve for a term of 2 years; and of the members elected
4at the next regular school election 2 shall serve for terms of
56 years and 2 shall serve for terms of 2 years. Thereafter
6members elected in such districts shall be elected to a 6 year
7term. An election for board members shall not be held in school
8districts which by consolidation, annexation or otherwise
9shall cease to exist as a school district within 6 months after
10the election date, and the term of all board members which
11would otherwise terminate shall be continued until such
12district shall cease to exist. Each member, on the date of his
13or her election, shall be a citizen of the United States of the
14age of 18 years or over, shall be a resident of the State and
15the territory of the district for at least one year immediately
16preceding his or her election, shall be a registered voter as
17provided in the general election law, shall not be a school
18trustee, must not have been removed from a school board
19pursuant to Section 2-3.25f-5 of this Code (unless subsequently
20appointed as a member of an Independent Authority or if it has
21been 10 years since the abolition of the Independent Authority
22in the district), and shall not be a child sex offender as
23defined in Section 11-9.3 of the Criminal Code of 2012. When
24the board of education is the successor of the school
25directors, all rights of property, and all rights regarding
26causes of action existing or vested in such directors, shall

 

 

SB2340 Engrossed- 35 -LRB098 08200 NHT 40808 b

1vest in it as fully as they were vested in the school
2directors. Terms of members are subject to Section 2A-54 of the
3Election Code.
4    Nomination papers filed under this Section are not valid
5unless the candidate named therein files with the secretary of
6the board of education or with a person designated by the board
7to receive nominating petitions a receipt from the county clerk
8showing that the candidate has filed a statement of economic
9interests as required by the Illinois Governmental Ethics Act.
10Such receipt shall be so filed either previously during the
11calendar year in which his nomination papers were filed or
12within the period for the filing of nomination papers in
13accordance with the general election law.
14    Whenever a vacancy occurs, the remaining members shall
15notify the regional superintendent of that vacancy within 5
16days after its occurrence and shall proceed to fill the vacancy
17until the next regular school election, at which election a
18successor shall be elected to serve the remainder of the
19unexpired term. However, if the vacancy occurs with less than
20868 days remaining in the term, or if the vacancy occurs less
21than 88 days before the next regularly scheduled election for
22this office then the person so appointed shall serve the
23remainder of the unexpired term, and no election to fill the
24vacancy shall be held. Should they fail so to act, within 45
25days after the vacancy occurs, the regional superintendent of
26schools under whose supervision and control the district is

 

 

SB2340 Engrossed- 36 -LRB098 08200 NHT 40808 b

1operating, as defined in Section 3-14.2 of this Act, shall
2within 30 days after the remaining members have failed to fill
3the vacancy, fill the vacancy as provided for herein. Upon the
4regional superintendent's failure to fill the vacancy, the
5vacancy shall be filled at the next regularly scheduled
6election. Whether elected or appointed by the remaining members
7or regional superintendent, the successor shall be an
8inhabitant of the particular area from which his or her
9predecessor was elected if the residential requirements
10contained in Section 10-10.5 or 12-2 of this Code apply.
11    A board of education may appoint a student to the board to
12serve in an advisory capacity. The student member shall serve
13for a term as determined by the board. The board may not grant
14the student member any voting privileges, but shall consider
15the student member as an advisor. The student member may not
16participate in or attend any executive session of the board.
17(Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
 
18    Section 7. The Illinois Educational Labor Relations Act is
19amended by changing Section 2 as follows:
 
20    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
21    Sec. 2. Definitions. As used in this Act:
22    (a) "Educational employer" or "employer" means the
23governing body of a public school district, including the
24governing body of a charter school established under Article

 

 

SB2340 Engrossed- 37 -LRB098 08200 NHT 40808 b

127A of the School Code or of a contract school or contract
2turnaround school established under paragraph 30 of Section
334-18 of the School Code, combination of public school
4districts, including the governing body of joint agreements of
5any type formed by 2 or more school districts, public community
6college district or State college or university, a
7subcontractor of instructional services of a school district
8(other than a school district organized under Article 34 of the
9School Code), combination of school districts, charter school
10established under Article 27A of the School Code, or contract
11school or contract turnaround school established under
12paragraph 30 of Section 34-18 of the School Code, an
13Independent Authority created under Section 2-3.25f-5 of the
14School Code, and any State agency whose major function is
15providing educational services. "Educational employer" or
16"employer" does not include (1) a Financial Oversight Panel
17created pursuant to Section 1A-8 of the School Code due to a
18district violating a financial plan or (2) an approved
19nonpublic special education facility that contracts with a
20school district or combination of school districts to provide
21special education services pursuant to Section 14-7.02 of the
22School Code, but does include a School Finance Authority
23created under Article 1E or 1F of the School Code and a
24Financial Oversight Panel created under Article 1B or 1H of the
25School Code. The change made by this amendatory Act of the 96th
26General Assembly to this paragraph (a) to make clear that the

 

 

SB2340 Engrossed- 38 -LRB098 08200 NHT 40808 b

1governing body of a charter school is an "educational employer"
2is declaratory of existing law.
3    (b) "Educational employee" or "employee" means any
4individual, excluding supervisors, managerial, confidential,
5short term employees, student, and part-time academic
6employees of community colleges employed full or part time by
7an educational employer, but shall not include elected
8officials and appointees of the Governor with the advice and
9consent of the Senate, firefighters as defined by subsection
10(g-1) of Section 3 of the Illinois Public Labor Relations Act,
11and peace officers employed by a State university. For the
12purposes of this Act, part-time academic employees of community
13colleges shall be defined as those employees who provide less
14than 3 credit hours of instruction per academic semester. In
15this subsection (b), the term "student" includes graduate
16students who are research assistants primarily performing
17duties that involve research or graduate assistants primarily
18performing duties that are pre-professional, but excludes
19graduate students who are teaching assistants primarily
20performing duties that involve the delivery and support of
21instruction and all other graduate assistants.
22    (c) "Employee organization" or "labor organization" means
23an organization of any kind in which membership includes
24educational employees, and which exists for the purpose, in
25whole or in part, of dealing with employers concerning
26grievances, employee-employer disputes, wages, rates of pay,

 

 

SB2340 Engrossed- 39 -LRB098 08200 NHT 40808 b

1hours of employment, or conditions of work, but shall not
2include any organization which practices discrimination in
3membership because of race, color, creed, age, gender, national
4origin or political affiliation.
5    (d) "Exclusive representative" means the labor
6organization which has been designated by the Illinois
7Educational Labor Relations Board as the representative of the
8majority of educational employees in an appropriate unit, or
9recognized by an educational employer prior to January 1, 1984
10as the exclusive representative of the employees in an
11appropriate unit or, after January 1, 1984, recognized by an
12employer upon evidence that the employee organization has been
13designated as the exclusive representative by a majority of the
14employees in an appropriate unit.
15    (e) "Board" means the Illinois Educational Labor Relations
16Board.
17    (f) "Regional Superintendent" means the regional
18superintendent of schools provided for in Articles 3 and 3A of
19The School Code.
20    (g) "Supervisor" means any individual having authority in
21the interests of the employer to hire, transfer, suspend, lay
22off, recall, promote, discharge, reward or discipline other
23employees within the appropriate bargaining unit and adjust
24their grievances, or to effectively recommend such action if
25the exercise of such authority is not of a merely routine or
26clerical nature but requires the use of independent judgment.

 

 

SB2340 Engrossed- 40 -LRB098 08200 NHT 40808 b

1The term "supervisor" includes only those individuals who
2devote a preponderance of their employment time to such
3exercising authority.
4    (h) "Unfair labor practice" or "unfair practice" means any
5practice prohibited by Section 14 of this Act.
6    (i) "Person" includes an individual, educational employee,
7educational employer, legal representative, or employee
8organization.
9    (j) "Wages" means salaries or other forms of compensation
10for services rendered.
11    (k) "Professional employee" means, in the case of a public
12community college, State college or university, State agency
13whose major function is providing educational services, the
14Illinois School for the Deaf, and the Illinois School for the
15Visually Impaired, (1) any employee engaged in work (i)
16predominantly intellectual and varied in character as opposed
17to routine mental, manual, mechanical, or physical work; (ii)
18involving the consistent exercise of discretion and judgment in
19its performance; (iii) of such character that the output
20produced or the result accomplished cannot be standardized in
21relation to a given period of time; and (iv) requiring
22knowledge of an advanced type in a field of science or learning
23customarily acquired by a prolonged course of specialized
24intellectual instruction and study in an institution of higher
25learning or a hospital, as distinguished from a general
26academic education or from an apprenticeship or from training

 

 

SB2340 Engrossed- 41 -LRB098 08200 NHT 40808 b

1in the performance of routine mental, manual, or physical
2processes; or (2) any employee, who (i) has completed the
3courses of specialized intellectual instruction and study
4described in clause (iv) of paragraph (1) of this subsection,
5and (ii) is performing related work under the supervision of a
6professional person to qualify himself or herself to become a
7professional as defined in paragraph (l).
8    (l) "Professional employee" means, in the case of any
9public school district, or combination of school districts
10pursuant to joint agreement, any employee who has a certificate
11issued under Article 21 or Section 34-83 of the School Code, as
12now or hereafter amended.
13    (m) "Unit" or "bargaining unit" means any group of
14employees for which an exclusive representative is selected.
15    (n) "Confidential employee" means an employee, who (i) in
16the regular course of his or her duties, assists and acts in a
17confidential capacity to persons who formulate, determine and
18effectuate management policies with regard to labor relations
19or who (ii) in the regular course of his or her duties has
20access to information relating to the effectuation or review of
21the employer's collective bargaining policies.
22    (o) "Managerial employee" means an individual who is
23engaged predominantly in executive and management functions
24and is charged with the responsibility of directing the
25effectuation of such management policies and practices.
26    (p) "Craft employee" means a skilled journeyman, craft

 

 

SB2340 Engrossed- 42 -LRB098 08200 NHT 40808 b

1person, and his or her apprentice or helper.
2    (q) "Short-term employee" is an employee who is employed
3for less than 2 consecutive calendar quarters during a calendar
4year and who does not have a reasonable expectation that he or
5she will be rehired by the same employer for the same service
6in a subsequent calendar year. Nothing in this subsection shall
7affect the employee status of individuals who were covered by a
8collective bargaining agreement on the effective date of this
9amendatory Act of 1991.
10(Source: P.A. 96-104, eff. 1-1-10; 97-429, eff. 8-16-11.)
 
11    (105 ILCS 5/3-14.28 rep.)
12    Section 10. The School Code is amended by repealing Section
133-14.28.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.