Illinois General Assembly - Full Text of HB4208
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Full Text of HB4208  102nd General Assembly

HB4208 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4208

 

Introduced 1/5/2022, by Rep. Cyril Nichols

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.24b
105 ILCS 5/34-18  from Ch. 122, par. 34-18

    Amends the School Code. Provides that a school district shall employ a ratio of no less than one school counselor to 150 students (rather than allowing a school district to employ a ratio of no less than one school counselor to 250 students). Requires school counselors to meet with their assigned students at least once each month.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4208LRB102 21217 CMG 30307 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
510-22.24b and 34-18 as follows:
 
6    (105 ILCS 5/10-22.24b)
7    Sec. 10-22.24b. School counseling services. School
8counseling services in public schools may be provided by
9school counselors as defined in Section 10-22.24a of this Code
10or by individuals who hold a Professional Educator License
11with a school support personnel endorsement in the area of
12school counseling under Section 21B-25 of this Code.
13    School counseling services may include, but are not
14limited to:
15        (1) designing and delivering a comprehensive school
16    counseling program that promotes student achievement and
17    wellness;
18        (2) incorporating the common core language into the
19    school counselor's work and role;
20        (3) school counselors working as culturally skilled
21    professionals who act sensitively to promote social
22    justice and equity in a pluralistic society;
23        (4) providing individual and group counseling;

 

 

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1        (5) providing a core counseling curriculum that serves
2    all students and addresses the knowledge and skills
3    appropriate to their developmental level through a
4    collaborative model of delivery involving the school
5    counselor, classroom teachers, and other appropriate
6    education professionals, and including prevention and
7    pre-referral activities;
8        (6) making referrals when necessary to appropriate
9    offices or outside agencies;
10        (7) providing college and career development
11    activities and counseling;
12        (8) developing individual career plans with students;
13        (9) assisting all students with a college or
14    post-secondary education plan, which must include a
15    discussion on all post-secondary education options,
16    including 4-year colleges or universities, community
17    colleges, and vocational schools;
18        (10) intentionally addressing the career and college
19    needs of first generation students;
20        (11) educating all students on scholarships, financial
21    aid, and preparation of the Federal Application for
22    Federal Student Aid;
23        (12) collaborating with institutions of higher
24    education and local community colleges so that students
25    understand post-secondary education options and are ready
26    to transition successfully;

 

 

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1        (13) providing crisis intervention and contributing to
2    the development of a specific crisis plan within the
3    school setting in collaboration with multiple
4    stakeholders;
5        (14) educating students, teachers, and parents on
6    anxiety, depression, cutting, and suicide issues and
7    intervening with students who present with these issues;
8        (15) providing counseling and other resources to
9    students who are in crisis;
10        (16) providing resources for those students who do not
11    have access to mental health services;
12        (17) addressing bullying and conflict resolution with
13    all students;
14        (18) teaching communication skills and helping
15    students develop positive relationships;
16        (19) using culturally-sensitive skills in working with
17    all students to promote wellness;
18        (20) addressing the needs of undocumented students in
19    the school, as well as students who are legally in the
20    United States, but whose parents are undocumented;
21        (21) contributing to a student's functional behavioral
22    assessment, as well as assisting in the development of
23    non-aversive behavioral intervention strategies;
24        (22) (i) assisting students in need of special
25    education services by implementing the academic supports
26    and social-emotional and college or career development

 

 

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1    counseling services or interventions per a student's
2    individualized education program (IEP); (ii) participating
3    in or contributing to a student's IEP and completing a
4    social-developmental history; or (iii) providing services
5    to a student with a disability under the student's IEP or
6    federal Section 504 plan, as recommended by the student's
7    IEP team or Section 504 plan team and in compliance with
8    federal and State laws and rules governing the provision
9    of educational and related services and school-based
10    accommodations to students with disabilities and the
11    qualifications of school personnel to provide such
12    services and accommodations;
13        (23) assisting in the development of a personal
14    educational plan with each student;
15        (24) educating students on dual credit and learning
16    opportunities on the Internet;
17        (25) providing information for all students in the
18    selection of courses that will lead to post-secondary
19    education opportunities toward a successful career;
20        (26) interpreting achievement test results and guiding
21    students in appropriate directions;
22        (27) counseling with students, families, and teachers,
23    in compliance with federal and State laws;
24        (28) providing families with opportunities for
25    education and counseling as appropriate in relation to the
26    student's educational assessment;

 

 

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1        (29) consulting and collaborating with teachers and
2    other school personnel regarding behavior management and
3    intervention plans and inclusion in support of students;
4        (30) teaming and partnering with staff, parents,
5    businesses, and community organizations to support student
6    achievement and social-emotional learning standards for
7    all students;
8        (31) developing and implementing school-based
9    prevention programs, including, but not limited to,
10    mediation and violence prevention, implementing social and
11    emotional education programs and services, and
12    establishing and implementing bullying prevention and
13    intervention programs;
14        (32) developing culturally-sensitive assessment
15    instruments for measuring school counseling prevention and
16    intervention effectiveness and collecting, analyzing, and
17    interpreting data;
18        (33) participating on school and district committees
19    to advocate for student programs and resources, as well as
20    establishing a school counseling advisory council that
21    includes representatives of key stakeholders selected to
22    review and advise on the implementation of the school
23    counseling program;
24        (34) acting as a liaison between the public schools
25    and community resources and building relationships with
26    important stakeholders, such as families, administrators,

 

 

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1    teachers, and board members;
2        (35) maintaining organized, clear, and useful records
3    in a confidential manner consistent with Section 5 of the
4    Illinois School Student Records Act, the Family
5    Educational Rights and Privacy Act, and the Health
6    Insurance Portability and Accountability Act;
7        (36) presenting an annual agreement to the
8    administration, including a formal discussion of the
9    alignment of school and school counseling program missions
10    and goals and detailing specific school counselor
11    responsibilities;
12        (37) identifying and implementing
13    culturally-sensitive measures of success for student
14    competencies in each of the 3 domains of academic, social
15    and emotional, and college and career learning based on
16    planned and periodic assessment of the comprehensive
17    developmental school counseling program;
18        (38) collaborating as a team member in Response to
19    Intervention (RtI) and other school initiatives;
20        (39) conducting observations and participating in
21    recommendations or interventions regarding the placement
22    of children in educational programs or special education
23    classes;
24        (40) analyzing data and results of school counseling
25    program assessments, including curriculum, small-group,
26    and closing-the-gap results reports, and designing

 

 

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1    strategies to continue to improve program effectiveness;
2        (41) analyzing data and results of school counselor
3    competency assessments;
4        (42) following American School Counselor Association
5    Ethical Standards for School Counselors to demonstrate
6    high standards of integrity, leadership, and
7    professionalism;
8        (43) knowing and embracing common core standards by
9    using common core language;
10        (44) practicing as a culturally-skilled school
11    counselor by infusing the multicultural competencies
12    within the role of the school counselor, including the
13    practice of culturally-sensitive attitudes and beliefs,
14    knowledge, and skills;
15        (45) infusing the Social-Emotional Standards, as
16    presented in the State Board of Education standards,
17    across the curriculum and in the counselor's role in ways
18    that empower and enable students to achieve academic
19    success across all grade levels;
20        (46) providing services only in areas in which the
21    school counselor has appropriate training or expertise, as
22    well as only providing counseling or consulting services
23    within his or her employment to any student in the
24    district or districts which employ such school counselor,
25    in accordance with professional ethics;
26        (47) having adequate training in supervision knowledge

 

 

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1    and skills in order to supervise school counseling interns
2    enrolled in graduate school counselor preparation programs
3    that meet the standards established by the State Board of
4    Education;
5        (48) being involved with State and national
6    professional associations;
7        (49) participating, at least once every 2 years, in an
8    in-service training program for school counselors
9    conducted by persons with expertise in domestic and sexual
10    violence and the needs of expectant and parenting youth,
11    which shall include training concerning (i) communicating
12    with and listening to youth victims of domestic or sexual
13    violence and expectant and parenting youth, (ii)
14    connecting youth victims of domestic or sexual violence
15    and expectant and parenting youth to appropriate in-school
16    services and other agencies, programs, and services as
17    needed, and (iii) implementing the school district's
18    policies, procedures, and protocols with regard to such
19    youth, including confidentiality; at a minimum, school
20    personnel must be trained to understand, provide
21    information and referrals, and address issues pertaining
22    to youth who are parents, expectant parents, or victims of
23    domestic or sexual violence;
24        (50) participating, at least every 2 years, in an
25    in-service training program for school counselors
26    conducted by persons with expertise in anaphylactic

 

 

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1    reactions and management;
2        (51) participating, at least once every 2 years, in an
3    in-service training on educator ethics, teacher-student
4    conduct, and school employee-student conduct for all
5    personnel;
6        (52) participating, in addition to other topics at
7    in-service training programs, in training to identify the
8    warning signs of mental illness and suicidal behavior in
9    adolescents and teenagers and learning appropriate
10    intervention and referral techniques;
11        (53) obtaining training to have a basic knowledge of
12    matters relating to acquired immunodeficiency syndrome
13    (AIDS), including the nature of the disease, its causes
14    and effects, the means of detecting it and preventing its
15    transmission, and the availability of appropriate sources
16    of counseling and referral and any other information that
17    may be appropriate considering the age and grade level of
18    the pupils; the school board shall supervise such training
19    and the State Board of Education and the Department of
20    Public Health shall jointly develop standards for such
21    training; and
22        (54) participating in mandates from the State Board of
23    Education for bullying education and social-emotional
24    literary.
25    School districts shall may employ a sufficient number of
26school counselors to maintain a the national and State

 

 

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1recommended student-counselor ratio of 150 250 to 1. School
2districts may have school counselors spend at least 80% of his
3or her work time in direct contact with students. School
4districts shall require school counselors to meet with their
5assigned students at least once each month.
6    Nothing in this Section prohibits other qualified
7professionals, including other endorsed school support
8personnel, from providing the services listed in this Section.
9(Source: P.A. 101-290, eff. 8-9-19.)
 
10    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
11    (Text of Section before amendment by P.A. 102-465)
12    Sec. 34-18. Powers of the board. The board shall exercise
13general supervision and jurisdiction over the public education
14and the public school system of the city, and, except as
15otherwise provided by this Article, shall have power:
16        1. To make suitable provision for the establishment
17    and maintenance throughout the year or for such portion
18    thereof as it may direct, not less than 9 months and in
19    compliance with Section 10-19.05, of schools of all grades
20    and kinds, including normal schools, high schools, night
21    schools, schools for defectives and delinquents, parental
22    and truant schools, schools for the blind, the deaf, and
23    persons with physical disabilities, schools or classes in
24    manual training, constructural and vocational teaching,
25    domestic arts, and physical culture, vocation and

 

 

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

 

 

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1    district funds or denied participation in comparable
2    physical education and athletic programs solely by reason
3    of the student's sex. Equal access to programs supported
4    from school district funds and comparable programs will be
5    defined in rules promulgated by the State Board of
6    Education in consultation with the Illinois High School
7    Association. Notwithstanding any other provision of this
8    Article, neither the board of education nor any local
9    school council or other school official shall recommend
10    that children with disabilities be placed into regular
11    education classrooms unless those children with
12    disabilities are provided with supplementary services to
13    assist them so that they benefit from the regular
14    classroom instruction and are included on the teacher's
15    regular education class register;
16        2. To furnish lunches to pupils, to make a reasonable
17    charge therefor, and to use school funds for the payment
18    of such expenses as the board may determine are necessary
19    in conducting the school lunch program;
20        3. To co-operate with the circuit court;
21        4. To make arrangements with the public or
22    quasi-public libraries and museums for the use of their
23    facilities by teachers and pupils of the public schools;
24        5. To employ dentists and prescribe their duties for
25    the purpose of treating the pupils in the schools, but
26    accepting such treatment shall be optional with parents or

 

 

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

 

 

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1    school district to apply for enrollment of their children
2    in any attendance center within the school district which
3    does not have selective admission requirements approved by
4    the board. The appropriate geographical area in which such
5    open enrollment may be exercised shall be determined by
6    the board of education. Such children may be admitted to
7    any such attendance center on a space available basis
8    after all children residing within such attendance
9    center's area have been accommodated. If the number of
10    applicants from outside the attendance area exceed the
11    space available, then successful applicants shall be
12    selected by lottery. The board of education's open
13    enrollment plan must include provisions that allow
14    low-income students to have access to transportation
15    needed to exercise school choice. Open enrollment shall be
16    in compliance with the provisions of the Consent Decree
17    and Desegregation Plan cited in Section 34-1.01;
18        8. To approve programs and policies for providing
19    transportation services to students. Nothing herein shall
20    be construed to permit or empower the State Board of
21    Education to order, mandate, or require busing or other
22    transportation of pupils for the purpose of achieving
23    racial balance in any school;
24        9. Subject to the limitations in this Article, to
25    establish and approve system-wide curriculum objectives
26    and standards, including graduation standards, which

 

 

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

 

 

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

 

 

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

 

 

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1    wrongful act or omission, acting within the scope of his
2    or her employment or under direction of the board, the
3    former School Board Nominating Commission, the Chicago
4    Schools Academic Accountability Council, Local School
5    Councils, or the former Subdistrict Councils; and to
6    provide for or participate in insurance plans for its
7    officers and employees, including, but not limited to,
8    retirement annuities, medical, surgical and
9    hospitalization benefits in such types and amounts as may
10    be determined by the board; provided, however, that the
11    board shall contract for such insurance only with an
12    insurance company authorized to do business in this State.
13    Such insurance may include provision for employees who
14    rely on treatment by prayer or spiritual means alone for
15    healing, in accordance with the tenets and practice of a
16    recognized religious denomination;
17        15. To contract with the corporate authorities of any
18    municipality or the county board of any county, as the
19    case may be, to provide for the regulation of traffic in
20    parking areas of property used for school purposes, in
21    such manner as is provided by Section 11-209 of the
22    Illinois Vehicle Code;
23        16. (a) To provide, on an equal basis, access to a high
24    school campus and student directory information to the
25    official recruiting representatives of the armed forces of
26    Illinois and the United States for the purposes of

 

 

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

 

 

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1    student's directory information in an amount that is not
2    more than the actual costs incurred by the high school.
3        (d) Information received by an official recruiting
4    representative under this Section may be used only to
5    provide information to students concerning educational and
6    career opportunities available in the military and may not
7    be released to a person who is not involved in recruiting
8    students for the armed forces of Illinois or the United
9    States;
10        17. (a) To sell or market any computer program
11    developed by an employee of the school district, provided
12    that such employee developed the computer program as a
13    direct result of his or her duties with the school
14    district or through the utilization of school district
15    resources or facilities. The employee who developed the
16    computer program shall be entitled to share in the
17    proceeds of such sale or marketing of the computer
18    program. The distribution of such proceeds between the
19    employee and the school district shall be as agreed upon
20    by the employee and the school district, except that
21    neither the employee nor the school district may receive
22    more than 90% of such proceeds. The negotiation for an
23    employee who is represented by an exclusive bargaining
24    representative may be conducted by such bargaining
25    representative at the employee's request.
26        (b) For the purpose of this paragraph 17:

 

 

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1            (1) "Computer" means an internally programmed,
2        general purpose digital device capable of
3        automatically accepting data, processing data and
4        supplying the results of the operation.
5            (2) "Computer program" means a series of coded
6        instructions or statements in a form acceptable to a
7        computer, which causes the computer to process data in
8        order to achieve a certain result.
9            (3) "Proceeds" means profits derived from the
10        marketing or sale of a product after deducting the
11        expenses of developing and marketing such product;
12        18. To delegate to the general superintendent of
13    schools, by resolution, the authority to approve contracts
14    and expenditures in amounts of $10,000 or less;
15        19. Upon the written request of an employee, to
16    withhold from the compensation of that employee any dues,
17    payments, or contributions payable by such employee to any
18    labor organization as defined in the Illinois Educational
19    Labor Relations Act. Under such arrangement, an amount
20    shall be withheld from each regular payroll period which
21    is equal to the pro rata share of the annual dues plus any
22    payments or contributions, and the board shall transmit
23    such withholdings to the specified labor organization
24    within 10 working days from the time of the withholding;
25        19a. Upon receipt of notice from the comptroller of a
26    municipality with a population of 500,000 or more, a

 

 

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1    county with a population of 3,000,000 or more, the Cook
2    County Forest Preserve District, the Chicago Park
3    District, the Metropolitan Water Reclamation District, the
4    Chicago Transit Authority, or a housing authority of a
5    municipality with a population of 500,000 or more that a
6    debt is due and owing the municipality, the county, the
7    Cook County Forest Preserve District, the Chicago Park
8    District, the Metropolitan Water Reclamation District, the
9    Chicago Transit Authority, or the housing authority by an
10    employee of the Chicago Board of Education, to withhold,
11    from the compensation of that employee, the amount of the
12    debt that is due and owing and pay the amount withheld to
13    the municipality, the county, the Cook County Forest
14    Preserve District, the Chicago Park District, the
15    Metropolitan Water Reclamation District, the Chicago
16    Transit Authority, or the housing authority; provided,
17    however, that the amount deducted from any one salary or
18    wage payment shall not exceed 25% of the net amount of the
19    payment. Before the Board deducts any amount from any
20    salary or wage of an employee under this paragraph, the
21    municipality, the county, the Cook County Forest Preserve
22    District, the Chicago Park District, the Metropolitan
23    Water Reclamation District, the Chicago Transit Authority,
24    or the housing authority shall certify that (i) the
25    employee has been afforded an opportunity for a hearing to
26    dispute the debt that is due and owing the municipality,

 

 

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1    the county, the Cook County Forest Preserve District, the
2    Chicago Park District, the Metropolitan Water Reclamation
3    District, the Chicago Transit Authority, or the housing
4    authority and (ii) the employee has received notice of a
5    wage deduction order and has been afforded an opportunity
6    for a hearing to object to the order. For purposes of this
7    paragraph, "net amount" means that part of the salary or
8    wage payment remaining after the deduction of any amounts
9    required by law to be deducted and "debt due and owing"
10    means (i) a specified sum of money owed to the
11    municipality, the county, the Cook County Forest Preserve
12    District, the Chicago Park District, the Metropolitan
13    Water Reclamation District, the Chicago Transit Authority,
14    or the housing authority for services, work, or goods,
15    after the period granted for payment has expired, or (ii)
16    a specified sum of money owed to the municipality, the
17    county, the Cook County Forest Preserve District, the
18    Chicago Park District, the Metropolitan Water Reclamation
19    District, the Chicago Transit Authority, or the housing
20    authority pursuant to a court order or order of an
21    administrative hearing officer after the exhaustion of, or
22    the failure to exhaust, judicial review;
23        20. The board shall is encouraged to employ a
24    sufficient number of licensed certified school counselors
25    to maintain a student/counselor ratio of 150 250 to 1 by
26    July 1, 1990. Each counselor shall spend at least 75% of

 

 

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1    the counselor's his work time in direct contact with
2    students and shall maintain a record of such time. Each
3    counselor shall meet with the counselor's assigned
4    students at least once each month;
5        21. To make available to students vocational and
6    career counseling and to establish 5 special career
7    counseling days for students and parents. On these days
8    representatives of local businesses and industries shall
9    be invited to the school campus and shall inform students
10    of career opportunities available to them in the various
11    businesses and industries. Special consideration shall be
12    given to counseling minority students as to career
13    opportunities available to them in various fields. For the
14    purposes of this paragraph, minority student means a
15    person who is any of the following:
16        (a) American Indian or Alaska Native (a person having
17    origins in any of the original peoples of North and South
18    America, including Central America, and who maintains
19    tribal affiliation or community attachment).
20        (b) Asian (a person having origins in any of the
21    original peoples of the Far East, Southeast Asia, or the
22    Indian subcontinent, including, but not limited to,
23    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
24    the Philippine Islands, Thailand, and Vietnam).
25        (c) Black or African American (a person having origins
26    in any of the black racial groups of Africa). Terms such as

 

 

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1    "Haitian" or "Negro" can be used in addition to "Black or
2    African American".
3        (d) Hispanic or Latino (a person of Cuban, Mexican,
4    Puerto Rican, South or Central American, or other Spanish
5    culture or origin, regardless of race).
6        (e) Native Hawaiian or Other Pacific Islander (a
7    person having origins in any of the original peoples of
8    Hawaii, Guam, Samoa, or other Pacific Islands).
9        Counseling days shall not be in lieu of regular school
10    days;
11        22. To report to the State Board of Education the
12    annual student dropout rate and number of students who
13    graduate from, transfer from, or otherwise leave bilingual
14    programs;
15        23. Except as otherwise provided in the Abused and
16    Neglected Child Reporting Act or other applicable State or
17    federal law, to permit school officials to withhold, from
18    any person, information on the whereabouts of any child
19    removed from school premises when the child has been taken
20    into protective custody as a victim of suspected child
21    abuse. School officials shall direct such person to the
22    Department of Children and Family Services or to the local
23    law enforcement agency, if appropriate;
24        24. To develop a policy, based on the current state of
25    existing school facilities, projected enrollment, and
26    efficient utilization of available resources, for capital

 

 

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1    improvement of schools and school buildings within the
2    district, addressing in that policy both the relative
3    priority for major repairs, renovations, and additions to
4    school facilities and the advisability or necessity of
5    building new school facilities or closing existing schools
6    to meet current or projected demographic patterns within
7    the district;
8        25. To make available to the students in every high
9    school attendance center the ability to take all courses
10    necessary to comply with the Board of Higher Education's
11    college entrance criteria effective in 1993;
12        26. To encourage mid-career changes into the teaching
13    profession, whereby qualified professionals become
14    certified teachers, by allowing credit for professional
15    employment in related fields when determining point of
16    entry on the teacher pay scale;
17        27. To provide or contract out training programs for
18    administrative personnel and principals with revised or
19    expanded duties pursuant to this Code in order to ensure
20    they have the knowledge and skills to perform their
21    duties;
22        28. To establish a fund for the prioritized special
23    needs programs, and to allocate such funds and other lump
24    sum amounts to each attendance center in a manner
25    consistent with the provisions of part 4 of Section
26    34-2.3. Nothing in this paragraph shall be construed to

 

 

HB4208- 27 -LRB102 21217 CMG 30307 b

1    require any additional appropriations of State funds for
2    this purpose;
3        29. (Blank);
4        30. Notwithstanding any other provision of this Act or
5    any other law to the contrary, to contract with third
6    parties for services otherwise performed by employees,
7    including those in a bargaining unit, and to layoff those
8    employees upon 14 days written notice to the affected
9    employees. Those contracts may be for a period not to
10    exceed 5 years and may be awarded on a system-wide basis.
11    The board may not operate more than 30 contract schools,
12    provided that the board may operate an additional 5
13    contract turnaround schools pursuant to item (5.5) of
14    subsection (d) of Section 34-8.3 of this Code, and the
15    governing bodies of contract schools are subject to the
16    Freedom of Information Act and Open Meetings Act;
17        31. To promulgate rules establishing procedures
18    governing the layoff or reduction in force of employees
19    and the recall of such employees, including, but not
20    limited to, criteria for such layoffs, reductions in force
21    or recall rights of such employees and the weight to be
22    given to any particular criterion. Such criteria shall
23    take into account factors, including, but not limited to,
24    qualifications, certifications, experience, performance
25    ratings or evaluations, and any other factors relating to
26    an employee's job performance;

 

 

HB4208- 28 -LRB102 21217 CMG 30307 b

1        32. To develop a policy to prevent nepotism in the
2    hiring of personnel or the selection of contractors;
3        33. (Blank); and
4        34. To establish a Labor Management Council to the
5    board comprised of representatives of the board, the chief
6    executive officer, and those labor organizations that are
7    the exclusive representatives of employees of the board
8    and to promulgate policies and procedures for the
9    operation of the Council.
10    The specifications of the powers herein granted are not to
11be construed as exclusive, but the board shall also exercise
12all other powers that may be requisite or proper for the
13maintenance and the development of a public school system, not
14inconsistent with the other provisions of this Article or
15provisions of this Code which apply to all school districts.
16    In addition to the powers herein granted and authorized to
17be exercised by the board, it shall be the duty of the board to
18review or to direct independent reviews of special education
19expenditures and services. The board shall file a report of
20such review with the General Assembly on or before May 1, 1990.
21(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20;
22102-558, eff. 8-20-21.)
 
23    (Text of Section after amendment by P.A. 102-465)
24    Sec. 34-18. Powers of the board. The board shall exercise
25general supervision and jurisdiction over the public education

 

 

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1and the public school system of the city, and, except as
2otherwise provided by this Article, shall have power:
3        1. To make suitable provision for the establishment
4    and maintenance throughout the year or for such portion
5    thereof as it may direct, not less than 9 months and in
6    compliance with Section 10-19.05, of schools of all grades
7    and kinds, including normal schools, high schools, night
8    schools, schools for defectives and delinquents, parental
9    and truant schools, schools for the blind, the deaf, and
10    persons with physical disabilities, schools or classes in
11    manual training, constructural and vocational teaching,
12    domestic arts, and physical culture, vocation and
13    extension schools and lecture courses, and all other
14    educational courses and facilities, including
15    establishing, equipping, maintaining and operating
16    playgrounds and recreational programs, when such programs
17    are conducted in, adjacent to, or connected with any
18    public school under the general supervision and
19    jurisdiction of the board; provided that the calendar for
20    the school term and any changes must be submitted to and
21    approved by the State Board of Education before the
22    calendar or changes may take effect, and provided that in
23    allocating funds from year to year for the operation of
24    all attendance centers within the district, the board
25    shall ensure that supplemental general State aid or
26    supplemental grant funds are allocated and applied in

 

 

HB4208- 30 -LRB102 21217 CMG 30307 b

1    accordance with Section 18-8, 18-8.05, or 18-8.15. To
2    admit to such schools without charge foreign exchange
3    students who are participants in an organized exchange
4    student program which is authorized by the board. The
5    board shall permit all students to enroll in
6    apprenticeship programs in trade schools operated by the
7    board, whether those programs are union-sponsored or not.
8    No student shall be refused admission into or be excluded
9    from any course of instruction offered in the common
10    schools by reason of that student's sex. No student shall
11    be denied equal access to physical education and
12    interscholastic athletic programs supported from school
13    district funds or denied participation in comparable
14    physical education and athletic programs solely by reason
15    of the student's sex. Equal access to programs supported
16    from school district funds and comparable programs will be
17    defined in rules promulgated by the State Board of
18    Education in consultation with the Illinois High School
19    Association. Notwithstanding any other provision of this
20    Article, neither the board of education nor any local
21    school council or other school official shall recommend
22    that children with disabilities be placed into regular
23    education classrooms unless those children with
24    disabilities are provided with supplementary services to
25    assist them so that they benefit from the regular
26    classroom instruction and are included on the teacher's

 

 

HB4208- 31 -LRB102 21217 CMG 30307 b

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

 

 

HB4208- 32 -LRB102 21217 CMG 30307 b

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

 

 

HB4208- 33 -LRB102 21217 CMG 30307 b

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

 

 

HB4208- 34 -LRB102 21217 CMG 30307 b

1        10. To employ non-teaching personnel or utilize
2    volunteer personnel for: (i) non-teaching duties not
3    requiring instructional judgment or evaluation of pupils,
4    including library duties; and (ii) supervising study
5    halls, long distance teaching reception areas used
6    incident to instructional programs transmitted by
7    electronic media such as computers, video, and audio,
8    detention and discipline areas, and school-sponsored
9    extracurricular activities. The board may further utilize
10    volunteer non-certificated personnel or employ
11    non-certificated personnel to assist in the instruction of
12    pupils under the immediate supervision of a teacher
13    holding a valid certificate, directly engaged in teaching
14    subject matter or conducting activities; provided that the
15    teacher shall be continuously aware of the
16    non-certificated persons' activities and shall be able to
17    control or modify them. The general superintendent shall
18    determine qualifications of such personnel and shall
19    prescribe rules for determining the duties and activities
20    to be assigned to such personnel;
21        10.5. To utilize volunteer personnel from a regional
22    School Crisis Assistance Team (S.C.A.T.), created as part
23    of the Safe to Learn Program established pursuant to
24    Section 25 of the Illinois Violence Prevention Act of
25    1995, to provide assistance to schools in times of
26    violence or other traumatic incidents within a school

 

 

HB4208- 35 -LRB102 21217 CMG 30307 b

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

 

 

HB4208- 36 -LRB102 21217 CMG 30307 b

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

 

 

HB4208- 37 -LRB102 21217 CMG 30307 b

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

 

 

HB4208- 38 -LRB102 21217 CMG 30307 b

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

 

 

HB4208- 39 -LRB102 21217 CMG 30307 b

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

 

 

HB4208- 40 -LRB102 21217 CMG 30307 b

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

 

 

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

 

 

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1    after the period granted for payment has expired, or (ii)
2    a specified sum of money owed to the municipality, the
3    county, the Cook County Forest Preserve District, the
4    Chicago Park District, the Metropolitan Water Reclamation
5    District, the Chicago Transit Authority, or the housing
6    authority pursuant to a court order or order of an
7    administrative hearing officer after the exhaustion of, or
8    the failure to exhaust, judicial review;
9        20. The board shall is encouraged to employ a
10    sufficient number of licensed certified school counselors
11    to maintain a student/counselor ratio of 150 250 to 1 by
12    July 1, 1990. Each counselor shall spend at least 75% of
13    the counselor's his work time in direct contact with
14    students and shall maintain a record of such time. Each
15    counselor shall meet with the counselor's assigned
16    students at least once each month;
17        21. To make available to students vocational and
18    career counseling and to establish 5 special career
19    counseling days for students and parents. On these days
20    representatives of local businesses and industries shall
21    be invited to the school campus and shall inform students
22    of career opportunities available to them in the various
23    businesses and industries. Special consideration shall be
24    given to counseling minority students as to career
25    opportunities available to them in various fields. For the
26    purposes of this paragraph, minority student means a

 

 

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

 

 

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

 

 

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

 

 

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1        31. To promulgate rules establishing procedures
2    governing the layoff or reduction in force of employees
3    and the recall of such employees, including, but not
4    limited to, criteria for such layoffs, reductions in force
5    or recall rights of such employees and the weight to be
6    given to any particular criterion. Such criteria shall
7    take into account factors, including, but not limited to,
8    qualifications, certifications, experience, performance
9    ratings or evaluations, and any other factors relating to
10    an employee's job performance;
11        32. To develop a policy to prevent nepotism in the
12    hiring of personnel or the selection of contractors;
13        33. (Blank); and
14        34. To establish a Labor Management Council to the
15    board comprised of representatives of the board, the chief
16    executive officer, and those labor organizations that are
17    the exclusive representatives of employees of the board
18    and to promulgate policies and procedures for the
19    operation of the Council.
20    The specifications of the powers herein granted are not to
21be construed as exclusive, but the board shall also exercise
22all other powers that may be requisite or proper for the
23maintenance and the development of a public school system, not
24inconsistent with the other provisions of this Article or
25provisions of this Code which apply to all school districts.
26    In addition to the powers herein granted and authorized to

 

 

HB4208- 47 -LRB102 21217 CMG 30307 b

1be exercised by the board, it shall be the duty of the board to
2review or to direct independent reviews of special education
3expenditures and services. The board shall file a report of
4such review with the General Assembly on or before May 1, 1990.
5(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20;
6102-465, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.