Sen. Heather A. Steans
Filed: 4/15/2013
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 2340
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2340 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 2-3.25d, 2-3.25f, 2-3.25g, 2-3.25h, and 10-10 and by adding | ||||||
6 | Section 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 | ||||||
10 | federal government formally disapproves of such policy through | ||||||
11 | the submission and review process for the Illinois | ||||||
12 | Accountability Workbook, those
schools that do not meet | ||||||
13 | adequate yearly progress criteria for 2 consecutive annual
| ||||||
14 | calculations in the same subject or in their participation | ||||||
15 | rate, attendance rate, or graduation rate
shall be placed on | ||||||
16 | academic early warning status for the next school year.
Schools |
| |||||||
| |||||||
1 | on academic early warning status that do not meet adequate | ||||||
2 | yearly
progress criteria for a third annual calculation in the | ||||||
3 | same subject or in their participation rate, attendance rate, | ||||||
4 | or graduation rate
shall remain on academic early
warning | ||||||
5 | status. Schools on academic early warning status that do not | ||||||
6 | meet
adequate yearly progress criteria for a fourth annual | ||||||
7 | calculation in the same subject or in their participation rate, | ||||||
8 | attendance rate, or graduation rate shall be
placed
on initial | ||||||
9 | academic watch status. Schools on academic watch status that do | ||||||
10 | not
meet adequate yearly progress criteria for a fifth or | ||||||
11 | subsequent annual
calculation in the same subject or in their | ||||||
12 | participation rate, attendance rate, or graduation rate shall | ||||||
13 | remain on academic watch status. Schools on academic early
| ||||||
14 | warning or academic watch status that meet adequate yearly | ||||||
15 | progress criteria
for 2 consecutive calculations
shall be | ||||||
16 | considered as having
met
expectations and shall be removed from | ||||||
17 | any status designation.
| ||||||
18 | The school district of a school placed on either academic | ||||||
19 | early warning
status or academic watch status may appeal the | ||||||
20 | status to the State Board of
Education in accordance with | ||||||
21 | Section 2-3.25m of this Code.
| ||||||
22 | A school district that has one or more schools on academic | ||||||
23 | early warning
or academic watch status shall prepare a revised | ||||||
24 | School Improvement Plan or
amendments thereto setting forth the | ||||||
25 | district's expectations for removing each
school from academic | ||||||
26 | early warning or academic watch status and for improving
|
| |||||||
| |||||||
1 | student performance in the affected school or schools. | ||||||
2 | Districts operating
under
Article 34 of this Code may prepare | ||||||
3 | the School Improvement Plan required under
Section 34-2.4 of | ||||||
4 | this Code.
| ||||||
5 | The revised School Improvement Plan for a school
that is | ||||||
6 | initially placed on academic early warning status
or that | ||||||
7 | remains on
academic early warning status after a third annual | ||||||
8 | calculation
must be approved by
the
school board (and by the | ||||||
9 | school's local school council in a district operating
under | ||||||
10 | Article 34 of this Code, unless the school is on probation | ||||||
11 | pursuant to
subsection (c) of Section
34-8.3 of this Code).
| ||||||
12 | The revised School Improvement Plan for a school that is | ||||||
13 | initially placed on
academic watch status after a fourth annual | ||||||
14 | calculation must be approved by the
school board (and by the | ||||||
15 | school's local school council in a district operating
under | ||||||
16 | Article 34 of this Code, unless the school is on probation | ||||||
17 | pursuant to
subsection (c) of Section
34-8.3 of this Code).
| ||||||
18 | The revised School Improvement Plan for a school that | ||||||
19 | remains on
academic watch status after a fifth annual | ||||||
20 | calculation must be approved by the
school board (and by the | ||||||
21 | school's local school council in a district operating
under | ||||||
22 | Article 34 of this Code, unless the school is on probation | ||||||
23 | pursuant to
subsection (c) of Section
34-8.3 of this Code).
In | ||||||
24 | addition, the district must develop a school restructuring plan | ||||||
25 | for the
school that
must
be approved by the school board (and | ||||||
26 | by the school's local school council in a
district operating |
| |||||||
| |||||||
1 | under Article 34 of this Code).
| ||||||
2 | A school on academic watch status that does not meet | ||||||
3 | adequate yearly
progress criteria for a sixth annual | ||||||
4 | calculation shall implement its approved
school restructuring | ||||||
5 | plan beginning with the next school year, subject to the
State
| ||||||
6 | interventions specified in Sections Section 2-3.25f and | ||||||
7 | 2-3.25f-5 of this Code.
| ||||||
8 | (b) Beginning with the 2005-2006 school year, unless the | ||||||
9 | federal government formally disapproves of such policy through | ||||||
10 | the submission and review process for the Illinois | ||||||
11 | Accountability Workbook, those
school districts that do not | ||||||
12 | meet adequate yearly progress
criteria for 2 consecutive
annual
| ||||||
13 | calculations in the same subject or in their participation | ||||||
14 | rate, attendance rate, or graduation rate shall be placed on | ||||||
15 | academic early warning status for the next
school year. | ||||||
16 | Districts on academic early warning status that do not meet
| ||||||
17 | adequate yearly progress criteria for a third annual | ||||||
18 | calculation in the same subject or in their participation rate, | ||||||
19 | attendance rate, or graduation rate
shall remain
on
academic | ||||||
20 | early warning status. Districts on academic early warning | ||||||
21 | status that
do not meet adequate yearly progress criteria for a | ||||||
22 | fourth annual calculation
in the same subject or in their | ||||||
23 | participation rate, attendance rate, or graduation rate shall
| ||||||
24 | be placed on initial academic watch status. Districts on | ||||||
25 | academic watch status
that do not meet adequate yearly progress | ||||||
26 | criteria for a fifth or subsequent
annual calculation in the |
| |||||||
| |||||||
1 | same subject or in their participation rate, attendance rate, | ||||||
2 | or graduation rate shall remain on academic watch status. | ||||||
3 | Districts on academic
early warning or academic watch status | ||||||
4 | that meet adequate yearly progress
criteria for one annual | ||||||
5 | calculation shall be
considered
as having met expectations and | ||||||
6 | shall be removed from any status designation.
| ||||||
7 | A district placed on either academic early warning status | ||||||
8 | or academic
watch status may appeal the status to the State | ||||||
9 | Board of Education in
accordance with Section 2-3.25m of this | ||||||
10 | Code.
| ||||||
11 | Districts on academic early warning or academic watch | ||||||
12 | status shall
prepare a District Improvement Plan or amendments | ||||||
13 | thereto setting forth the
district's expectations for removing | ||||||
14 | the district from academic early warning
or
academic watch | ||||||
15 | status and for improving student performance in the district.
| ||||||
16 | All
District Improvement Plans must be approved by the | ||||||
17 | school board.
| ||||||
18 | (c) All revised School and District Improvement Plans shall | ||||||
19 | be developed
in collaboration with parents, staff in the | ||||||
20 | affected school or school district, and outside experts. All
| ||||||
21 | revised
School and District Improvement Plans shall be | ||||||
22 | developed, submitted, and
monitored pursuant to rules adopted | ||||||
23 | by the State Board of Education. The
revised Improvement Plan | ||||||
24 | shall address measurable outcomes for improving
student | ||||||
25 | performance so that such performance meets adequate yearly | ||||||
26 | progress
criteria as specified by the State Board of Education. |
| |||||||
| |||||||
1 | All school districts required to revise a School Improvement | ||||||
2 | Plan in accordance with this Section shall establish a peer | ||||||
3 | review process for the evaluation of School Improvement Plans.
| ||||||
4 | (d) All federal requirements apply to schools and school | ||||||
5 | districts utilizing
federal funds under Title I, Part A of the | ||||||
6 | federal Elementary and Secondary
Education Act of 1965. | ||||||
7 | (e) The State Board of Education, from any moneys it may | ||||||
8 | have available for this purpose, must implement
and administer | ||||||
9 | a grant
program that provides 2-year grants to school districts | ||||||
10 | on the academic watch
list and other school districts that have | ||||||
11 | the lowest achieving students, as
determined by the State Board | ||||||
12 | of Education, to be
used to improve student achievement.
In | ||||||
13 | order
to receive a
grant under this program, a school district | ||||||
14 | must establish an accountability
program. The
accountability | ||||||
15 | program must involve the use of statewide testing standards and
| ||||||
16 | local
evaluation measures. A grant shall be automatically | ||||||
17 | renewed when achievement
goals are met. The Board may adopt any | ||||||
18 | rules necessary to implement and
administer this grant program.
| ||||||
19 | (Source: P.A. 96-734, eff. 8-25-09.)
| ||||||
20 | (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
| ||||||
21 | Sec. 2-3.25f. State interventions.
| ||||||
22 | (a) The State Board of Education shall provide technical
| ||||||
23 | assistance to assist with the development and implementation of | ||||||
24 | School and District Improvement Plans.
| ||||||
25 | Schools or school districts that fail to make reasonable |
| |||||||
| |||||||
1 | efforts to
implement an
approved Improvement Plan may suffer | ||||||
2 | loss of State funds by school
district, attendance center, or | ||||||
3 | program as the State Board of Education
deems appropriate.
| ||||||
4 | (a-5) In this subsection (a-5), "school" means any of the | ||||||
5 | following named public schools or their successor name: | ||||||
6 | (1) Dirksen Middle School in Dolton School District | ||||||
7 | 149. | ||||||
8 | (2) Diekman Elementary School in Dolton School | ||||||
9 | District 149. | ||||||
10 | (3) Caroline Sibley Elementary School in Dolton School | ||||||
11 | District 149. | ||||||
12 | (4) Berger-Vandenberg Elementary School in Dolton | ||||||
13 | School District 149. | ||||||
14 | (5) Carol Moseley Braun School in Dolton School | ||||||
15 | District 149. | ||||||
16 | (6) New Beginnings Learning Academy in Dolton School | ||||||
17 | District 149. | ||||||
18 | (7) McKinley Junior High School in South Holland School | ||||||
19 | District 150. | ||||||
20 | (8) Greenwood Elementary School in South Holland | ||||||
21 | School District 150. | ||||||
22 | (9) McKinley Elementary School in South Holland School | ||||||
23 | District 150. | ||||||
24 | (10) Eisenhower School in South Holland School | ||||||
25 | District 151. | ||||||
26 | (11) Madison School in South Holland School District |
| |||||||
| |||||||
1 | 151. | ||||||
2 | (12) Taft School in South Holland School District 151. | ||||||
3 | (13) Wolcott School in Thornton School District 154. | ||||||
4 | (14) Memorial Junior High School in Lansing School | ||||||
5 | District 158. | ||||||
6 | (15) Oak Glen Elementary School in Lansing School | ||||||
7 | District 158. | ||||||
8 | (16) Lester Crawl Primary Center in Lansing School | ||||||
9 | District 158. | ||||||
10 | (17) Brookwood Junior High School in Brookwood School | ||||||
11 | District 167. | ||||||
12 | (18) Brookwood Middle School in Brookwood School | ||||||
13 | District 167. | ||||||
14 | (19) Hickory Bend Elementary School in Brookwood | ||||||
15 | School District 167. | ||||||
16 | (20) Medgar Evers Primary Academic Center in Ford | ||||||
17 | Heights School District 169. | ||||||
18 | (21) Nathan Hale Elementary School in Sunnybrook | ||||||
19 | School District 171. | ||||||
20 | (22) Ira F. Aldridge Elementary School in City of | ||||||
21 | Chicago School District 299. | ||||||
22 | (23) William E.B. DuBois Elementary School in City of | ||||||
23 | Chicago School District 299. | ||||||
24 | If, after 2 years following its placement on academic watch | ||||||
25 | status, a school remains on academic watch status, then, | ||||||
26 | subject to federal appropriation money being available, the |
| |||||||
| |||||||
1 | State Board of Education shall allow the school board to opt in | ||||||
2 | the process of operating that school on a pilot full-year | ||||||
3 | school plan approved by the State Board of Education upon | ||||||
4 | expiration of its teachers' current collective bargaining | ||||||
5 | agreement until the expiration of the next collective | ||||||
6 | bargaining agreement. A school board must notify the State | ||||||
7 | Board of Education of its intent to opt in the process of | ||||||
8 | operating a school on a pilot full-year school plan. | ||||||
9 | (b) In addition, if after 3 years following its placement | ||||||
10 | on
academic
watch status a school district or school remains on
| ||||||
11 | academic watch status, the
State Board of Education may shall | ||||||
12 | take one of the following actions for the
district specified | ||||||
13 | under Section 2-3.25f-5 of this Code or
school:
(1) The State | ||||||
14 | Board of Education may authorize the State
Superintendent
of | ||||||
15 | Education to direct the regional superintendent of schools to | ||||||
16 | remove
school board members pursuant to Section 3-14.28 of this | ||||||
17 | Code. Prior
to such direction the State Board of Education | ||||||
18 | shall permit members of the
local board of education to present | ||||||
19 | written and oral comments to the State
Board of Education. The | ||||||
20 | State Board of Education may direct the State
Superintendent of | ||||||
21 | Education to appoint an Independent Authority that shall
| ||||||
22 | exercise such powers and duties as may be necessary to operate | ||||||
23 | a school or
school district for purposes of improving pupil | ||||||
24 | performance and school
improvement. The State Superintendent | ||||||
25 | of Education shall designate one
member of the Independent | ||||||
26 | Authority to serve as chairman. The Independent
Authority shall |
| |||||||
| |||||||
1 | serve for a period of time specified by the State Board of
| ||||||
2 | Education upon the recommendation of the State Superintendent | ||||||
3 | of
Education.
(2) The State Board of Education may (i) (A)
| ||||||
4 | change the recognition status of the school district or school | ||||||
5 | to
nonrecognized , or (ii) (B) authorize the State | ||||||
6 | Superintendent
of Education to direct the reassignment of | ||||||
7 | pupils
or direct the reassignment or replacement of school | ||||||
8 | district personnel who
are relevant to the
failure
to
meet | ||||||
9 | adequate yearly progress criteria. If
a school district is | ||||||
10 | nonrecognized in its entirety, it shall automatically
be | ||||||
11 | dissolved on July 1 following that nonrecognition and its | ||||||
12 | territory
realigned with another school district or districts | ||||||
13 | by the regional board
of school trustees in accordance with the | ||||||
14 | procedures set forth in Section
7-11 of the School Code. The | ||||||
15 | effective date of the nonrecognition of a school
shall be July | ||||||
16 | 1 following the nonrecognition.
| ||||||
17 | (c) All federal requirements apply to schools and school | ||||||
18 | districts
utilizing
federal funds under Title I, Part A of the | ||||||
19 | federal Elementary and Secondary
Education Act of 1965.
| ||||||
20 | (Source: P.A. 97-370, eff. 1-1-12.)
| ||||||
21 | (105 ILCS 5/2-3.25f-5 new) | ||||||
22 | Sec. 2-3.25f-5. Independent Authority. | ||||||
23 | (a) The General Assembly finds all of the following: | ||||||
24 | (1) A fundamental goal of the people of this State, as | ||||||
25 | expressed in Section 1 of Article X of the Illinois |
| |||||||
| |||||||
1 | Constitution, is the educational development of all | ||||||
2 | persons to the limits of their capacities. When a school | ||||||
3 | board faces governance difficulties, continued operation | ||||||
4 | of the public school system is threatened. | ||||||
5 | (2) Sound school board governance, academic | ||||||
6 | achievement, and sound financial structure are essential | ||||||
7 | to the continued operation of any school system. It is | ||||||
8 | vital to commercial, educational, and cultural interests | ||||||
9 | that public schools remain in operation. To achieve that | ||||||
10 | goal, public school systems must have effective | ||||||
11 | leadership. | ||||||
12 | (3) To promote the sound operation of districts, as | ||||||
13 | defined in this Section, it is necessary to provide for the | ||||||
14 | creation of independent authorities with the powers | ||||||
15 | necessary to promote sound governance, sound academic | ||||||
16 | planning, and sound financial management and to ensure the | ||||||
17 | continued operation of the public schools. | ||||||
18 | (4) It is the purpose of this Section to provide for a | ||||||
19 | sound basis for the continued operation of public schools. | ||||||
20 | The intention of the General Assembly, in creating this | ||||||
21 | Section, is to establish procedures, provide powers, and | ||||||
22 | impose restrictions to ensure the educational integrity of | ||||||
23 | public school districts. | ||||||
24 | (b) As used in this Section: | ||||||
25 | "Board" means a school board of a district. | ||||||
26 | "Chairperson" means the Chairperson of the Independent |
| |||||||
| |||||||
1 | Authority. | ||||||
2 | "District" means any school district having a population of | ||||||
3 | not more than 500,000. | ||||||
4 | "State Board" means the State Board of Education. | ||||||
5 | "State Superintendent" means the State Superintendent of | ||||||
6 | Education. | ||||||
7 | (c) The State Board has the power to direct the State | ||||||
8 | Superintendent to remove a board. boards may be removed when | ||||||
9 | the criteria provided for in subsection (d) of this Section are | ||||||
10 | met. | ||||||
11 | If the State Board proposes to direct the State | ||||||
12 | Superintendent to remove a board from a district, board members | ||||||
13 | shall receive individual written notice of the intended | ||||||
14 | removal. Written notice must be provided at least 30 calendar | ||||||
15 | days before a hearing is held by the State Board. This notice | ||||||
16 | shall identify the basis for proposed removal. | ||||||
17 | Board members are entitled to a hearing, during which time | ||||||
18 | each board member shall have the opportunity to respond | ||||||
19 | individually, both orally and through written comments, to the | ||||||
20 | basis laid out in the notice. Written comments must be | ||||||
21 | submitted to the State Board on or before the hearing. | ||||||
22 | Board members are entitled to be represented by counsel at | ||||||
23 | the hearing, but counsel must not be paid with district funds. | ||||||
24 | The State Board shall make a final decision on removal | ||||||
25 | immediately following the hearing or at its next regularly | ||||||
26 | scheduled or special meeting. In no event may the decision be |
| |||||||
| |||||||
1 | made later than the next regularly scheduled meeting. | ||||||
2 | The State Board shall issue a final written decision. If | ||||||
3 | the State Board directs the State Superintendent to remove the | ||||||
4 | board, the State Superintendent shall do so within 30 days | ||||||
5 | after the written decision. Following the removal of the board, | ||||||
6 | the State Superintendent shall establish an Independent | ||||||
7 | Authority pursuant to subsection (e) of this Section. | ||||||
8 | If there is a financial oversight panel operating in the | ||||||
9 | district pursuant to Article 1B or 1H of this Code, the State | ||||||
10 | Board may, at its discretion, abolish the panel. | ||||||
11 | (d) The State Board shall require districts that have been | ||||||
12 | on academic watch status for 3 years or more and that are | ||||||
13 | within the lowest 5% in terms of performance in this State, as | ||||||
14 | determined by the State Superintendent, to seek accreditation | ||||||
15 | through a national accreditation organization chosen by the | ||||||
16 | State Board and paid for by the State. The State Board may | ||||||
17 | direct the State Superintendent to remove board members | ||||||
18 | pursuant to subsection (c) of this Section in any district in | ||||||
19 | which the district is unable to obtain accreditation in whole | ||||||
20 | or in part due to reasons related to school board governance. | ||||||
21 | When determining if a district has failed to meet the standards | ||||||
22 | for accreditation related to school board governance, the | ||||||
23 | accreditation entity shall take into account the overall | ||||||
24 | academic, fiscal, and operational condition of the district and | ||||||
25 | consider whether the board has failed to protect district | ||||||
26 | assets, to direct sound administrative and academic policy, to |
| |||||||
| |||||||
1 | abide by basic governance principles, including those set forth | ||||||
2 | in district policies, and to conduct itself with | ||||||
3 | professionalism and care and in a legally, ethically, and | ||||||
4 | financially responsible manner. | ||||||
5 | (e) Upon removal of the board, the State Superintendent | ||||||
6 | shall establish an Independent Authority. Upon establishment | ||||||
7 | of an Independent Authority, there is established a body both | ||||||
8 | corporate and politic to be known as the "(Name of the School | ||||||
9 | District) Independent Authority", which in this name shall | ||||||
10 | exercise all of the authority vested in an Independent | ||||||
11 | Authority by this Section and by the name may sue and be sued | ||||||
12 | in all courts and places where judicial proceedings are had. | ||||||
13 | (f) Upon establishment of an Independent Authority under | ||||||
14 | subsection (e) of this Section, the State Superintendent shall, | ||||||
15 | within 30 working days thereafter, appoint 5 members to serve | ||||||
16 | on an Independent Authority for the district. Members appointed | ||||||
17 | to the Independent Authority shall serve at the pleasure of the | ||||||
18 | State Superintendent. The State Superintendent shall designate | ||||||
19 | one of the members of the Independent Authority to serve as its | ||||||
20 | chairperson. In the event of vacancy or resignation, the State | ||||||
21 | Superintendent shall, within 15 workings days after receiving | ||||||
22 | notice, appoint a successor to serve out that member's term. If | ||||||
23 | the State Board has abolished a financial oversight panel | ||||||
24 | pursuant to subsection (c) of this Section, the State | ||||||
25 | Superintendent may appoint former members of the panel to the | ||||||
26 | Independent Authority. These members may serve as part of the 5 |
| |||||||
| |||||||
1 | members or may be appointed in addition to the 5 members, with | ||||||
2 | the Independent Authority not to exceed 9 members in total. | ||||||
3 | Members of the Independent Authority must be selected | ||||||
4 | primarily on the basis of their experience and knowledge in | ||||||
5 | education policy, with consideration given to persons | ||||||
6 | knowledgeable in the operation of a school district. A member | ||||||
7 | of the Independent Authority must be a registered voter as | ||||||
8 | provided in the general election law, must not be a school | ||||||
9 | trustee, and must not be a child sex offender as defined in | ||||||
10 | Section 11-9.3 of the Criminal Code of 2012. Two members of the | ||||||
11 | Independent Authority must be residents of the district that | ||||||
12 | the Independent Authority serves. A member of the Independent | ||||||
13 | Authority may not be an employee of the district, nor may a | ||||||
14 | member have a direct financial interest in the district. | ||||||
15 | Independent Authority members may be reimbursed by the | ||||||
16 | district for travel and other necessary expenses incurred in | ||||||
17 | the performance of their official duties. The amount reimbursed | ||||||
18 | members for their expenses must be charged to the school | ||||||
19 | district. | ||||||
20 | With the exception of the Chairperson, the Independent | ||||||
21 | Authority may elect such officers as it deems appropriate. | ||||||
22 | The first meeting of the Independent Authority must be held | ||||||
23 | at the call of the Chairperson. The Independent Authority shall | ||||||
24 | prescribe the times and places for its meetings and the manner | ||||||
25 | in which regular and special meetings may be called and shall | ||||||
26 | comply with the Open Meetings Act. |
| |||||||
| |||||||
1 | All Independent Authority members must complete the | ||||||
2 | training required of school board members under Section 10-16a | ||||||
3 | of this Code. | ||||||
4 | (g) The purpose of the Independent Authority is to operate | ||||||
5 | the district. The Independent Authority shall have all of the | ||||||
6 | powers and duties of a board and all other powers necessary to | ||||||
7 | meet its responsibilities and to carry out its purpose and the | ||||||
8 | purposes of this Section and that may be requisite or proper | ||||||
9 | for the maintenance, operation, and development of any school | ||||||
10 | or schools under the jurisdiction of the Independent Authority. | ||||||
11 | This grant of powers does not release an Independent Authority | ||||||
12 | from any duty imposed upon it by this Code or any other law. | ||||||
13 | The Independent Authority shall have no power to | ||||||
14 | unilaterally cancel or modify any collective bargaining | ||||||
15 | agreement in force upon the date of creation of the Independent | ||||||
16 | Authority. | ||||||
17 | (h) The Independent Authority may prepare and file with the | ||||||
18 | State Superintendent a proposal for emergency financial | ||||||
19 | assistance for the school district and for the operations | ||||||
20 | budget of the Independent Authority, in accordance with Section | ||||||
21 | 1B-8 of this Code. A district may receive both a loan and a | ||||||
22 | grant. | ||||||
23 | (i) A district with an Independent Authority shall receive | ||||||
24 | its full general State aid payment, based on the foundation | ||||||
25 | level of support set forth in Section 18-8.05 of this Code of | ||||||
26 | $6,119 or such greater amount as may be established by law by |
| |||||||
| |||||||
1 | the General Assembly. In the event that the General Assembly | ||||||
2 | does not appropriate sufficient funds to fully fund the general | ||||||
3 | State aid claims of all districts, a district with an | ||||||
4 | Independent Authority established pursuant to subsection (e) | ||||||
5 | of this Section shall get its claim fully funded. In the event | ||||||
6 | that the foundation level of support set forth in Section | ||||||
7 | 18-8.05 of this Code is set below $6,119, a district with an | ||||||
8 | Independent Authority established pursuant to subsection (e) | ||||||
9 | of this Section shall receive general State aid based on a | ||||||
10 | foundation level of support of $6,119. When the Independent | ||||||
11 | Authority is abolished pursuant to subsection (m) of this | ||||||
12 | Section, the district shall receive general State aid payments | ||||||
13 | pursuant to Section 18-8.05 of this Code in the same manner as | ||||||
14 | all other districts. | ||||||
15 | (j) An election for board members must not be held in a | ||||||
16 | district upon the establishment of an Independent Authority and | ||||||
17 | is suspended until the next regularly scheduled school board | ||||||
18 | election that takes place no less than 2 years following the | ||||||
19 | establishment of the Independent Authority. For this first | ||||||
20 | election, 3 school board members must be elected to serve out | ||||||
21 | terms of 4 years and until successors are elected and have | ||||||
22 | qualified. Members of the Independent Authority are eligible to | ||||||
23 | run for election in the district, provided that they meet all | ||||||
24 | other eligibility requirements of Section 10-10 of this Code. | ||||||
25 | Following this election, the school board shall consist of the | ||||||
26 | newly elected members and any remaining members of the |
| |||||||
| |||||||
1 | Independent Authority. At the next school board election, 4 | ||||||
2 | school board members must be elected to serve out terms of 4 | ||||||
3 | years and until successors are elected and have qualified. | ||||||
4 | Following this election, any remaining Independent Authority | ||||||
5 | members shall serve in the district as an oversight panel until | ||||||
6 | such time as the district reaches full accreditation status. | ||||||
7 | The school board shall get approval of all actions by the | ||||||
8 | Independent Authority during the time the Independent | ||||||
9 | Authority serves as an oversight panel. | ||||||
10 | Board members who were removed pursuant to subsection (c) | ||||||
11 | of this Section are ineligible to run for school board in this | ||||||
12 | State. However, board members who were removed pursuant to | ||||||
13 | subsection (c) of this Section and were appointed to the | ||||||
14 | Independent Authority by the State Superintendent are eligible | ||||||
15 | to run for school board in the district. | ||||||
16 | (k) The Independent Authority, upon its members taking | ||||||
17 | office and annually thereafter and upon request, shall prepare | ||||||
18 | and submit to the State Superintendent a report on the state of | ||||||
19 | the district, including without limitation the academic | ||||||
20 | improvement and financial situation of the district. This | ||||||
21 | report must be submitted annually on or before March 1 of each | ||||||
22 | year. | ||||||
23 | (l) The district shall render such services to and permit | ||||||
24 | the use of its facilities and resources by the Independent | ||||||
25 | Authority at no charge as may be requested by the Independent | ||||||
26 | Authority. Any State agency, unit of local government, or |
| |||||||
| |||||||
1 | school district may, within its lawful powers and duties, | ||||||
2 | render such services to the Independent Authority as may be | ||||||
3 | requested by the Independent Authority. | ||||||
4 | (m) An Independent Authority must be abolished when the | ||||||
5 | district has achieved full accreditation status by a national | ||||||
6 | accreditation agency chosen by the State Board. | ||||||
7 | Upon abolition of the Independent Authority, all powers and | ||||||
8 | duties allowed by this Code to be exercised by a school board | ||||||
9 | shall be transferred to the elected school board. | ||||||
10 | (n) The Independent Authority must be indemnified through | ||||||
11 | insurance purchased by the district. The district shall | ||||||
12 | purchase insurance through which the Independent Authority is | ||||||
13 | to be indemnified. | ||||||
14 | The district retains the duty to represent and to indemnify | ||||||
15 | Independent Authority members following the abolition of the | ||||||
16 | Independent Authority for any cause of action or remedy | ||||||
17 | available against the Independent Authority, its members, its | ||||||
18 | employees, or its agents for any right or claim existing or any | ||||||
19 | liability incurred prior to the abolition. | ||||||
20 | The insurance shall indemnify and protect districts, | ||||||
21 | Independent Authority members, employees, volunteer personnel | ||||||
22 | authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of | ||||||
23 | this Code, mentors of certified or licensed staff as authorized | ||||||
24 | in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of | ||||||
25 | this Code, and student teachers against civil rights damage | ||||||
26 | claims and suits, constitutional rights damage claims and |
| |||||||
| |||||||
1 | suits, and death and bodily injury and property damage claims | ||||||
2 | and suits, including defense thereof, when damages are sought | ||||||
3 | for negligent or wrongful acts alleged to have been committed | ||||||
4 | in the scope of employment, under the direction of the | ||||||
5 | Independent Authority, or related to any mentoring services | ||||||
6 | provided to certified or licensed staff of the district. Such | ||||||
7 | indemnification and protection shall extend to persons who were | ||||||
8 | members of an Independent Authority, employees of an | ||||||
9 | Independent Authority, authorized volunteer personnel, mentors | ||||||
10 | of certified or licensed staff, or student teachers at the time | ||||||
11 | of the incident from which a claim arises. No agent may be | ||||||
12 | afforded indemnification or protection unless he or she was a | ||||||
13 | member of an Independent Authority, an employee of an | ||||||
14 | Independent Authority, an authorized volunteer, a mentor of | ||||||
15 | certified or licenses staff, or a student teacher at the time | ||||||
16 | of the incident from which the claim arises. | ||||||
17 | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||||||
18 | Sec. 2-3.25g. Waiver or modification of mandates within the | ||||||
19 | School
Code and administrative rules and regulations. | ||||||
20 | (a) In this Section: | ||||||
21 | "Board" means a school board or the governing board or | ||||||
22 | administrative district, as the case may be, for a joint | ||||||
23 | agreement. | ||||||
24 | "Eligible applicant" means a school district, joint | ||||||
25 | agreement made up of school districts, or regional |
| |||||||
| |||||||
1 | superintendent of schools on behalf of schools and programs | ||||||
2 | operated by the regional office of education.
| ||||||
3 | "Implementation date" has the meaning set forth in | ||||||
4 | Section 24A-2.5 of this Code. | ||||||
5 | "State Board" means the State Board of Education.
| ||||||
6 | (b) Notwithstanding any other
provisions of this School | ||||||
7 | Code or any other law of this State to the
contrary, eligible | ||||||
8 | applicants may petition the State Board of Education for the
| ||||||
9 | waiver or modification of the mandates of this School Code or | ||||||
10 | of the
administrative rules and regulations promulgated by the | ||||||
11 | State Board of
Education. Waivers or modifications of | ||||||
12 | administrative rules and regulations
and modifications of | ||||||
13 | mandates of this School Code may be requested when an eligible | ||||||
14 | applicant demonstrates that it can address the intent of the | ||||||
15 | rule or
mandate in a more effective, efficient, or economical | ||||||
16 | manner or when necessary
to stimulate innovation or improve | ||||||
17 | student performance. Waivers of
mandates of
the School Code may | ||||||
18 | be requested when the waivers are necessary to stimulate
| ||||||
19 | innovation or improve student performance. Waivers may not be | ||||||
20 | requested
from laws, rules, and regulations pertaining to | ||||||
21 | special education, teacher
certification, teacher tenure and | ||||||
22 | seniority, or Section 5-2.1 of this Code or from compliance | ||||||
23 | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | ||||||
24 | On and after the applicable implementation date, eligible | ||||||
25 | applicants may not seek a waiver or seek a modification of a | ||||||
26 | mandate regarding the requirements for (i) student performance |
| |||||||
| |||||||
1 | data to be a significant factor in teacher or principal | ||||||
2 | evaluations or (ii) for teachers and principals to be rated | ||||||
3 | using the 4 categories of "excellent", "proficient", "needs | ||||||
4 | improvement", or "unsatisfactory". On the applicable | ||||||
5 | implementation date, any previously authorized waiver or | ||||||
6 | modification from such requirements shall terminate. | ||||||
7 | (c) Eligible applicants, as a matter of inherent managerial | ||||||
8 | policy, and any
Independent Authority established under | ||||||
9 | Section 2-3.25f-5 of this Code 2-3.25f may submit an
| ||||||
10 | application for a waiver or modification authorized under this | ||||||
11 | Section. Each
application must include a written request by the | ||||||
12 | eligible applicant or
Independent Authority and must | ||||||
13 | demonstrate that the intent of the mandate can
be addressed in | ||||||
14 | a more effective, efficient, or economical manner
or be based
| ||||||
15 | upon a specific plan for improved student performance and | ||||||
16 | school improvement.
Any eligible applicant requesting a waiver | ||||||
17 | or modification for the reason that intent
of the mandate can | ||||||
18 | be addressed in a more economical manner shall include in
the | ||||||
19 | application a fiscal analysis showing current expenditures on | ||||||
20 | the mandate
and projected savings resulting from the waiver
or | ||||||
21 | modification. Applications
and plans developed by eligible | ||||||
22 | applicants must be approved by the board or regional | ||||||
23 | superintendent of schools applying on behalf of schools or | ||||||
24 | programs operated by the regional office of education following | ||||||
25 | a public hearing on the application and plan and the
| ||||||
26 | opportunity for the board or regional superintendent to hear |
| |||||||
| |||||||
1 | testimony from staff
directly involved in
its implementation, | ||||||
2 | parents, and students. The time period for such testimony shall | ||||||
3 | be separate from the time period established by the eligible | ||||||
4 | applicant for public comment on other matters. If the applicant | ||||||
5 | is a school district or joint agreement requesting a waiver or | ||||||
6 | modification of Section 27-6 of this Code, the public hearing | ||||||
7 | shall be held on a day other than the day on which a regular | ||||||
8 | meeting of the board is held. | ||||||
9 | (c-5) If the applicant is a school district, then the | ||||||
10 | district shall post information that sets forth the time, date, | ||||||
11 | place, and general subject matter of the public hearing on its | ||||||
12 | Internet website at least 14 days prior to the hearing. If the | ||||||
13 | district is requesting to increase the fee charged for driver | ||||||
14 | education authorized pursuant to Section 27-24.2 of this Code, | ||||||
15 | the website information shall include the proposed amount of | ||||||
16 | the fee the district will request. All school districts must | ||||||
17 | publish a notice of the public hearing at least 7 days prior to | ||||||
18 | the hearing in a newspaper of general circulation within the | ||||||
19 | school district that sets forth the time, date, place, and | ||||||
20 | general subject matter of the hearing. Districts requesting to | ||||||
21 | increase the fee charged for driver education shall include in | ||||||
22 | the published notice the proposed amount of the fee the | ||||||
23 | district will request. If the applicant is a joint agreement or | ||||||
24 | regional superintendent, then the joint agreement or regional | ||||||
25 | superintendent shall post information that sets forth the time, | ||||||
26 | date, place, and general subject matter of the public hearing |
| |||||||
| |||||||
1 | on its Internet website at least 14 days prior to the hearing. | ||||||
2 | If the joint agreement or regional superintendent is requesting | ||||||
3 | to increase the fee charged for driver education authorized | ||||||
4 | pursuant to Section 27-24.2 of this Code, the website | ||||||
5 | information shall include the proposed amount of the fee the | ||||||
6 | applicant will request. All joint agreements and regional | ||||||
7 | superintendents must publish a notice of the public hearing at | ||||||
8 | least 7 days prior to the hearing in a newspaper of general | ||||||
9 | circulation in each school district that is a member of the | ||||||
10 | joint agreement or that is served by the educational service | ||||||
11 | region that sets forth the time, date, place, and general | ||||||
12 | subject matter of the hearing, provided that a notice appearing | ||||||
13 | in a newspaper generally circulated in more than one school | ||||||
14 | district shall be deemed to fulfill this requirement with | ||||||
15 | respect to all of the affected districts. Joint agreements or | ||||||
16 | regional superintendents requesting to increase the fee | ||||||
17 | charged for driver education shall include in the published | ||||||
18 | notice the proposed amount of the fee the applicant will | ||||||
19 | request. The
eligible applicant must notify in writing the | ||||||
20 | affected exclusive collective
bargaining agent and those State | ||||||
21 | legislators representing the eligible applicant's territory of
| ||||||
22 | its
intent to seek approval of a
waiver or
modification and of | ||||||
23 | the hearing to be held to take testimony from staff.
The | ||||||
24 | affected exclusive collective bargaining agents shall be | ||||||
25 | notified of such
public hearing at least 7 days prior to the | ||||||
26 | date of the hearing and shall be
allowed to attend
such public |
| |||||||
| |||||||
1 | hearing. The eligible applicant shall attest to compliance with | ||||||
2 | all of
the notification and procedural requirements set forth | ||||||
3 | in this Section. | ||||||
4 | (d) A request for a waiver or modification of | ||||||
5 | administrative rules and
regulations or for a modification of | ||||||
6 | mandates contained in this School Code
shall be submitted to | ||||||
7 | the State Board of Education within 15 days after
approval by | ||||||
8 | the board or regional superintendent of schools. The | ||||||
9 | application as submitted to the
State Board of Education shall | ||||||
10 | include a description of the public hearing. Except with | ||||||
11 | respect to contracting for adaptive driver education, an | ||||||
12 | eligible applicant wishing to request a modification or waiver | ||||||
13 | of administrative rules of the State Board of Education | ||||||
14 | regarding contracting with a commercial driver training school | ||||||
15 | to provide the course of study authorized under Section 27-24.2 | ||||||
16 | of this Code must provide evidence with its application that | ||||||
17 | the commercial driver training school with which it will | ||||||
18 | contract holds a license issued by the Secretary of State under | ||||||
19 | Article IV of Chapter 6 of the Illinois Vehicle Code and that | ||||||
20 | each instructor employed by the commercial driver training | ||||||
21 | school to provide instruction to students served by the school | ||||||
22 | district holds a valid teaching certificate or teaching | ||||||
23 | license, as applicable, issued under the requirements of this | ||||||
24 | Code and rules of the State Board of Education. Such evidence | ||||||
25 | must include, but need not be limited to, a list of each | ||||||
26 | instructor assigned to teach students served by the school |
| |||||||
| |||||||
1 | district, which list shall include the instructor's name, | ||||||
2 | personal identification number as required by the State Board | ||||||
3 | of Education, birth date, and driver's license number. If the | ||||||
4 | modification or waiver is granted, then the eligible applicant | ||||||
5 | shall notify the State Board of Education of any changes in the | ||||||
6 | personnel providing instruction within 15 calendar days after | ||||||
7 | an instructor leaves the program or a new instructor is hired. | ||||||
8 | Such notification shall include the instructor's name, | ||||||
9 | personal identification number as required by the State Board | ||||||
10 | of Education, birth date, and driver's license number. If a | ||||||
11 | school district maintains an Internet website, then the | ||||||
12 | district shall post a copy of the final contract between the | ||||||
13 | district and the commercial driver training school on the | ||||||
14 | district's Internet website. If no Internet website exists, | ||||||
15 | then the district shall make available the contract upon | ||||||
16 | request. A record of all materials in relation to the | ||||||
17 | application for contracting must be maintained by the school | ||||||
18 | district and made available to parents and guardians upon | ||||||
19 | request. The instructor's date of birth and driver's license | ||||||
20 | number and any other personally identifying information as | ||||||
21 | deemed by the federal Driver's Privacy Protection Act of 1994 | ||||||
22 | must be redacted from any public materials.
Following receipt | ||||||
23 | of the waiver or modification request, the
State Board shall | ||||||
24 | have 45 days to review the application and request. If the
| ||||||
25 | State Board fails to disapprove the application within that 45 | ||||||
26 | day period, the
waiver or modification shall be deemed granted. |
| |||||||
| |||||||
1 | The State Board
may disapprove
any request if it is not based | ||||||
2 | upon sound educational practices, endangers the
health or | ||||||
3 | safety of students or staff, compromises equal opportunities | ||||||
4 | for
learning, or fails to demonstrate that the intent of the | ||||||
5 | rule or mandate can be
addressed in a more effective, | ||||||
6 | efficient, or economical manner or have improved
student | ||||||
7 | performance as a primary goal. Any request disapproved by the | ||||||
8 | State
Board may be appealed to the General Assembly by the | ||||||
9 | eligible applicant
as outlined in this Section. | ||||||
10 | A request for a waiver from mandates contained in this | ||||||
11 | School Code shall be
submitted to the State Board within 15 | ||||||
12 | days after approval by the board or regional superintendent of | ||||||
13 | schools.
The application as submitted to the State Board of | ||||||
14 | Education
shall include a description of the public hearing. | ||||||
15 | The description shall
include, but need not be limited to, the | ||||||
16 | means of notice, the number of people
in attendance, the number | ||||||
17 | of people who spoke as proponents or opponents of the
waiver, a | ||||||
18 | brief description of their comments, and whether there were any
| ||||||
19 | written statements submitted.
The State Board shall review the | ||||||
20 | applications and requests for
completeness and shall compile | ||||||
21 | the requests in reports to be filed with the
General Assembly.
| ||||||
22 | The State Board shall file
reports outlining the waivers
| ||||||
23 | requested by eligible applicants
and appeals by eligible | ||||||
24 | applicants of requests
disapproved by the State Board with the | ||||||
25 | Senate and the House of
Representatives before each March 1 and
| ||||||
26 | October
1. The General Assembly may disapprove the report of |
| |||||||
| |||||||
1 | the State Board in whole
or in part within 60 calendar days | ||||||
2 | after each house of the General Assembly
next
convenes after | ||||||
3 | the report is filed by adoption of a resolution by a record | ||||||
4 | vote
of the majority of members elected in each house. If the | ||||||
5 | General Assembly
fails to disapprove any waiver request or | ||||||
6 | appealed request within such 60
day period, the waiver or | ||||||
7 | modification shall be deemed granted. Any resolution
adopted by | ||||||
8 | the General Assembly disapproving a report of the State Board | ||||||
9 | in
whole or in part shall be binding on the State Board. | ||||||
10 | (e) An approved waiver or modification (except a waiver | ||||||
11 | from or modification to a physical education mandate) may | ||||||
12 | remain in effect for a period not to
exceed 5 school years and | ||||||
13 | may be renewed upon application by the
eligible applicant. | ||||||
14 | However, such waiver or modification may be changed within that
| ||||||
15 | 5-year period by a board or regional superintendent of schools | ||||||
16 | applying on behalf of schools or programs operated by the | ||||||
17 | regional office of education following the procedure as set
| ||||||
18 | forth in this Section for the initial waiver or modification | ||||||
19 | request. If
neither the State Board of Education nor the | ||||||
20 | General Assembly disapproves, the
change is deemed granted. | ||||||
21 | An approved waiver from or modification to a physical | ||||||
22 | education mandate may remain in effect for a period not to | ||||||
23 | exceed 2 school years and may be renewed no more than 2 times | ||||||
24 | upon application by the eligible applicant. An approved waiver | ||||||
25 | from or modification to a physical education mandate may be | ||||||
26 | changed within the 2-year period by the board or regional |
| |||||||
| |||||||
1 | superintendent of schools, whichever is applicable, following | ||||||
2 | the procedure set forth in this Section for the initial waiver | ||||||
3 | or modification request. If neither the State Board of | ||||||
4 | Education nor the General Assembly disapproves, the change is | ||||||
5 | deemed granted.
| ||||||
6 | (f) (Blank). | ||||||
7 | (Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; | ||||||
8 | 97-1025, eff. 1-1-13.)
| ||||||
9 | (105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
| ||||||
10 | Sec. 2-3.25h. Technical assistance; State support | ||||||
11 | services. Schools, school districts, local
school councils, | ||||||
12 | school improvement panels, and any Independent
Authority | ||||||
13 | established under Section 2-3.25f-5 of this Code 2-3.25f may | ||||||
14 | receive technical
assistance that the State Board of Education | ||||||
15 | shall make
available. Such technical
assistance shall include | ||||||
16 | without limitation assistance
in the areas of curriculum | ||||||
17 | evaluation, the instructional process,
student performance, | ||||||
18 | school environment, staff effectiveness,
school and community | ||||||
19 | relations, parental involvement, resource
management, | ||||||
20 | leadership, data analysis processes and tools, school
| ||||||
21 | improvement plan guidance and
feedback, information regarding | ||||||
22 | scientifically based research-proven curriculum
and | ||||||
23 | instruction, and professional development opportunities for | ||||||
24 | teachers and
administrators.
| ||||||
25 | (Source: P.A. 93-470, eff. 8-8-03.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| ||||||
2 | Sec. 10-10. Board of education; Term; Vacancy. All school | ||||||
3 | districts
having a population of not fewer than 1,000 and not | ||||||
4 | more than 500,000
inhabitants, as ascertained by any special or | ||||||
5 | general census, and not
governed by special Acts, shall be | ||||||
6 | governed by a board of education
consisting of 7 members, | ||||||
7 | serving without compensation except as herein
provided. Each | ||||||
8 | member shall be elected for a term of 4 years for the initial | ||||||
9 | members
of the board of education of a combined school district | ||||||
10 | to which that
subsection applies. If 5 members are elected in | ||||||
11 | 1983 pursuant to the extension
of terms provided by
law for | ||||||
12 | transition to the consolidated election schedule under the | ||||||
13 | general
election law, 2 of those members shall be elected to | ||||||
14 | serve terms of 2 years
and 3 shall be elected to serve terms of | ||||||
15 | 4 years; their successors shall
serve for a 4 year term. When | ||||||
16 | the voters of a district have voted to elect
members of the | ||||||
17 | board of education for 6 year terms, as provided in Section
| ||||||
18 | 9-5, the terms of office of members of the board of education | ||||||
19 | of that
district expire when their successors assume office but | ||||||
20 | not later than 7
days after such election. If at the regular | ||||||
21 | school election held in the
first odd-numbered year after the | ||||||
22 | determination to elect members for 6 year
terms 2 members are | ||||||
23 | elected, they shall serve for a 6 year term; and of the
members | ||||||
24 | elected at the next regular school election 3 shall serve for a
| ||||||
25 | term of 6 years and 2 shall serve a term of 2 years. Thereafter |
| |||||||
| |||||||
1 | members
elected in such districts shall be elected to a 6 year | ||||||
2 | term. If at the
regular school election held in the first | ||||||
3 | odd-numbered year after the
determination to elect members for | ||||||
4 | 6 year terms 3 members are elected, they
shall serve for a 6 | ||||||
5 | year term; and of the members elected at the next
regular | ||||||
6 | school election 2 shall serve for a term of 2 years and 2 shall
| ||||||
7 | serve for a term of 6 years. Thereafter members elected in such | ||||||
8 | districts
shall be elected to a 6 year term. If at the regular | ||||||
9 | school election held
in the first odd-numbered year after the | ||||||
10 | determination to elect members for
6 year terms 4 members are | ||||||
11 | elected, 3 shall serve for a term of 6 years and
one shall | ||||||
12 | serve for a term of 2 years; and of the members elected at the
| ||||||
13 | next regular school election 2 shall serve for terms of 6 years | ||||||
14 | and 2 shall
serve for terms of 2 years. Thereafter members | ||||||
15 | elected in such districts
shall be elected to a 6 year term. If | ||||||
16 | at the regular school election held
in the first odd-numbered | ||||||
17 | year after the determination to elect members for
a 6 year term | ||||||
18 | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | ||||||
19 | shall serve for a term of 2 years; and of the members elected | ||||||
20 | at the
next regular school election 2 shall serve for terms of | ||||||
21 | 6 years and 2 shall
serve for terms of 2 years. Thereafter | ||||||
22 | members elected in such districts
shall be elected to a 6 year | ||||||
23 | term. An election for board members shall not
be held in school | ||||||
24 | districts which by consolidation, annexation or otherwise
| ||||||
25 | shall cease to exist as a school district within 6 months after | ||||||
26 | the
election date, and the term of all board members which |
| |||||||
| |||||||
1 | would otherwise
terminate shall be continued until such | ||||||
2 | district shall cease to exist. Each
member, on the date of his | ||||||
3 | or her election, shall be a
citizen of the United
States of the | ||||||
4 | age of 18 years or over, shall be a resident of the State and
| ||||||
5 | the
territory of the district for at least one year immediately | ||||||
6 | preceding his or
her
election, shall be a registered voter as | ||||||
7 | provided in the general election
law,
shall not be a school | ||||||
8 | trustee, must not have been removed from a school board | ||||||
9 | pursuant to Section 2-3.25f-5 of this Code unless subsequently | ||||||
10 | appointed as a member of an Independent Authority, and shall | ||||||
11 | not be a child
sex offender as defined in Section 11-9.3 of the
| ||||||
12 | Criminal Code of 2012. When the board of
education is the | ||||||
13 | successor of the school directors, all rights of property,
and | ||||||
14 | all rights regarding causes of action existing or vested in | ||||||
15 | such
directors, shall vest in it as fully as they were vested | ||||||
16 | in the school
directors. Terms of members are subject to | ||||||
17 | Section 2A-54 of the Election Code.
| ||||||
18 | Nomination papers filed under this Section are not valid | ||||||
19 | unless the candidate
named therein files with the secretary of | ||||||
20 | the board of education or with
a person designated by the board | ||||||
21 | to receive nominating petitions a receipt
from the county clerk | ||||||
22 | showing that the candidate has filed a statement of
economic | ||||||
23 | interests as required by the Illinois Governmental Ethics Act.
| ||||||
24 | Such receipt shall be so filed either previously during the | ||||||
25 | calendar year
in which his nomination papers were filed or | ||||||
26 | within the period for the filing
of nomination papers in |
| |||||||
| |||||||
1 | accordance with the general election law.
| ||||||
2 | Whenever a vacancy occurs, the remaining members shall | ||||||
3 | notify the
regional superintendent of that vacancy within 5 | ||||||
4 | days after its occurrence
and shall proceed to fill the vacancy | ||||||
5 | until the next regular school
election, at which election a | ||||||
6 | successor shall be elected to serve the
remainder of the | ||||||
7 | unexpired term. However, if the vacancy occurs with less
than | ||||||
8 | 868 days remaining in the term, or if the vacancy occurs
less | ||||||
9 | than 88
days before the next regularly scheduled election for | ||||||
10 | this office then the
person so appointed shall serve the | ||||||
11 | remainder of the unexpired term, and no
election to fill the | ||||||
12 | vacancy shall be held. Should they fail so to
act, within 45 | ||||||
13 | days after the vacancy occurs, the regional superintendent
of | ||||||
14 | schools under whose supervision and control the district is | ||||||
15 | operating,
as defined in Section 3-14.2 of this Act, shall | ||||||
16 | within 30 days after the
remaining members have failed to fill | ||||||
17 | the vacancy, fill the vacancy as
provided for herein. Upon the | ||||||
18 | regional superintendent's failure to fill the
vacancy, the | ||||||
19 | vacancy shall be filled at the next regularly scheduled
| ||||||
20 | election. Whether elected or appointed by the remaining members | ||||||
21 | or regional
superintendent, the successor shall be an | ||||||
22 | inhabitant of the particular area
from which his or her | ||||||
23 | predecessor was elected if the residential requirements
| ||||||
24 | contained in Section 10-10.5 or 12-2 of this Code apply.
| ||||||
25 | A board of education may appoint a student to the board to | ||||||
26 | serve in an advisory capacity. The student member shall serve |
| |||||||
| |||||||
1 | for a term as determined by the board. The board may not grant | ||||||
2 | the student member any voting privileges, but shall consider | ||||||
3 | the student member as an advisor. The student member may not | ||||||
4 | participate in or attend any executive session of the board.
| ||||||
5 | (Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
| ||||||
6 | Section 7. The Illinois Educational Labor Relations Act is | ||||||
7 | amended by changing Section 2 as follows:
| ||||||
8 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| ||||||
9 | Sec. 2. Definitions. As used in this Act:
| ||||||
10 | (a) "Educational employer"
or "employer" means the | ||||||
11 | governing body of a public school district, including the | ||||||
12 | governing body of a charter school established under Article | ||||||
13 | 27A of the School Code or of a contract school or contract | ||||||
14 | turnaround school established under paragraph 30 of Section | ||||||
15 | 34-18 of the School Code, combination
of public school | ||||||
16 | districts, including the governing body of joint agreements
of | ||||||
17 | any type formed by 2 or more school districts, public community | ||||||
18 | college
district or State college or university, a | ||||||
19 | subcontractor of instructional services of a school district | ||||||
20 | (other than a school district organized under Article 34 of the | ||||||
21 | School Code), combination of school districts, charter school | ||||||
22 | established under Article 27A of the School Code, or contract | ||||||
23 | school or contract turnaround school established under | ||||||
24 | paragraph 30 of Section 34-18 of the School Code, an |
| |||||||
| |||||||
1 | Independent Authority created under Section 2-3.25f-5 of the | ||||||
2 | School Code, and any State agency whose major
function is | ||||||
3 | providing educational services.
"Educational employer" or | ||||||
4 | "employer" does not include (1) a Financial Oversight
Panel | ||||||
5 | created pursuant to Section 1A-8 of the School Code due to a
| ||||||
6 | district
violating a financial plan or (2) an approved | ||||||
7 | nonpublic special education facility that contracts with a | ||||||
8 | school district or combination of school districts to provide | ||||||
9 | special education services pursuant to Section 14-7.02 of the | ||||||
10 | School Code, but does include a School Finance Authority
| ||||||
11 | created
under Article 1E or 1F of the School Code and a | ||||||
12 | Financial Oversight Panel created under Article 1B or 1H of the | ||||||
13 | School Code. The change made by this amendatory Act of the 96th | ||||||
14 | General Assembly to this paragraph (a) to make clear that the | ||||||
15 | governing body of a charter school is an "educational employer" | ||||||
16 | is declaratory of existing law.
| ||||||
17 | (b) "Educational employee" or "employee" means any | ||||||
18 | individual, excluding
supervisors, managerial, confidential, | ||||||
19 | short term employees, student, and
part-time academic | ||||||
20 | employees of community colleges employed full or part
time by | ||||||
21 | an educational employer, but shall not include elected | ||||||
22 | officials
and appointees of the Governor with the advice and | ||||||
23 | consent of the Senate,
firefighters as defined by subsection | ||||||
24 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||
25 | and peace officers employed by a State
university. For the | ||||||
26 | purposes of this Act, part-time
academic employees of community |
| |||||||
| |||||||
1 | colleges shall be defined as those
employees who provide less | ||||||
2 | than 3 credit hours of instruction per
academic
semester. In | ||||||
3 | this subsection (b), the term "student"
includes graduate | ||||||
4 | students who are research assistants primarily
performing | ||||||
5 | duties that involve research or graduate assistants primarily
| ||||||
6 | performing duties that are pre-professional, but excludes | ||||||
7 | graduate
students who are teaching assistants primarily | ||||||
8 | performing duties that
involve the delivery and support of | ||||||
9 | instruction and all other graduate
assistants.
| ||||||
10 | (c) "Employee organization" or "labor organization" means | ||||||
11 | an organization
of any kind in which membership includes | ||||||
12 | educational employees, and which
exists for the purpose, in | ||||||
13 | whole or in part, of dealing with employers
concerning | ||||||
14 | grievances, employee-employer disputes, wages, rates of pay,
| ||||||
15 | hours of employment, or conditions of work, but shall not | ||||||
16 | include any
organization which practices discrimination in | ||||||
17 | membership because of race,
color, creed, age, gender, national | ||||||
18 | origin or political affiliation.
| ||||||
19 | (d) "Exclusive representative" means the labor | ||||||
20 | organization which has
been designated by the Illinois | ||||||
21 | Educational Labor Relations Board as the
representative of the | ||||||
22 | majority of educational employees in an appropriate
unit, or | ||||||
23 | recognized by an educational employer prior to January 1, 1984 | ||||||
24 | as
the exclusive representative of the employees in an | ||||||
25 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
26 | employer upon evidence that the
employee organization has been |
| |||||||
| |||||||
1 | designated as the exclusive representative
by a majority of the | ||||||
2 | employees in an appropriate unit.
| ||||||
3 | (e) "Board" means the Illinois Educational Labor Relations | ||||||
4 | Board.
| ||||||
5 | (f) "Regional Superintendent" means the regional | ||||||
6 | superintendent of
schools provided for in Articles 3 and 3A of | ||||||
7 | The School Code.
| ||||||
8 | (g) "Supervisor" means any individual having authority in | ||||||
9 | the interests
of the employer to hire, transfer, suspend, lay | ||||||
10 | off, recall, promote,
discharge, reward or discipline other | ||||||
11 | employees within the appropriate
bargaining unit and adjust | ||||||
12 | their grievances, or to effectively recommend
such action if | ||||||
13 | the exercise of such authority is not of a merely routine or
| ||||||
14 | clerical nature but requires the use of independent judgment. | ||||||
15 | The term
"supervisor" includes only those individuals who | ||||||
16 | devote a preponderance of
their employment time to such | ||||||
17 | exercising authority.
| ||||||
18 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
19 | practice
prohibited by Section 14 of this Act.
| ||||||
20 | (i) "Person" includes an individual, educational employee, | ||||||
21 | educational
employer, legal representative, or employee | ||||||
22 | organization.
| ||||||
23 | (j) "Wages" means salaries or other forms of compensation | ||||||
24 | for services
rendered.
| ||||||
25 | (k) "Professional employee" means, in the case of a public | ||||||
26 | community
college, State college or university, State agency |
| |||||||
| |||||||
1 | whose major function is
providing educational services, the | ||||||
2 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
3 | Visually Impaired, (1) any employee engaged in work
(i) | ||||||
4 | predominantly intellectual and varied in character as opposed | ||||||
5 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
6 | involving the
consistent exercise of discretion and judgment in | ||||||
7 | its performance; (iii) of
such character that the output | ||||||
8 | produced or the result accomplished cannot
be standardized in | ||||||
9 | relation to a given period of time; and (iv) requiring
| ||||||
10 | knowledge of an advanced type in a field of science or learning | ||||||
11 | customarily
acquired by a prolonged course of specialized | ||||||
12 | intellectual instruction and
study in an institution of higher | ||||||
13 | learning or a hospital, as distinguished
from a general | ||||||
14 | academic education or from an apprenticeship or from training
| ||||||
15 | in the performance of routine mental, manual, or physical | ||||||
16 | processes; or
(2) any employee, who (i) has completed the | ||||||
17 | courses of specialized
intellectual instruction and study | ||||||
18 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
19 | and (ii) is performing related work under the
supervision of a | ||||||
20 | professional person to qualify himself or herself to
become a | ||||||
21 | professional as defined in paragraph (l).
| ||||||
22 | (l) "Professional employee" means, in the case of any | ||||||
23 | public school
district, or combination of school districts | ||||||
24 | pursuant to joint agreement,
any employee who has a certificate | ||||||
25 | issued under Article 21 or Section 34-83
of the School Code, as | ||||||
26 | now or hereafter amended.
|
| |||||||
| |||||||
1 | (m) "Unit" or "bargaining unit" means any group of | ||||||
2 | employees for which
an exclusive representative is selected.
| ||||||
3 | (n) "Confidential employee" means an employee, who (i) in | ||||||
4 | the regular
course of his or her duties, assists and acts in a | ||||||
5 | confidential capacity to
persons who formulate, determine and | ||||||
6 | effectuate management policies with
regard to labor relations | ||||||
7 | or who (ii) in the regular course of his or her
duties has | ||||||
8 | access to information relating to the effectuation or review of
| ||||||
9 | the employer's collective bargaining policies.
| ||||||
10 | (o) "Managerial employee" means an individual who is | ||||||
11 | engaged
predominantly in executive and management functions | ||||||
12 | and is charged with the
responsibility of directing the | ||||||
13 | effectuation of such management policies and
practices.
| ||||||
14 | (p) "Craft employee" means a skilled journeyman, craft | ||||||
15 | person, and his
or her apprentice or helper.
| ||||||
16 | (q) "Short-term employee" is an employee who is employed | ||||||
17 | for less than
2 consecutive calendar quarters during a calendar | ||||||
18 | year and who does not
have a reasonable expectation that he or | ||||||
19 | she will be rehired by the same
employer for the same service | ||||||
20 | in a subsequent calendar year. Nothing in
this subsection shall | ||||||
21 | affect the employee status of individuals who were
covered by a | ||||||
22 | collective bargaining agreement on the effective date of this
| ||||||
23 | amendatory Act of 1991.
| ||||||
24 | (Source: P.A. 96-104, eff. 1-1-10; 97-429, eff. 8-16-11.)
| ||||||
25 | (105 ILCS 5/3-14.28 rep.) |
| |||||||
| |||||||
1 | Section 10. The School Code is amended by repealing Section | ||||||
2 | 3-14.28.
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|