Illinois General Assembly - Full Text of HB5588
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Full Text of HB5588  100th General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Legislative intent. It is the intent of the
5General Assembly that State assessments be rooted in classroom
6content and best practices and be used as an opportunity to
7demonstrate learning and feedback. It is also the intent of the
8General Assembly that assessments used for accountability
9should support learning opportunities that inform instruction.
10    Section 5. The School Code is amended by changing Sections
112-3.25a, 2-3.25n, 2-3.52A, 2-3.61a, 2-3.64a-5, 2-3.136,
122-3.153, 10-21.3a, 10-29, 34-1.1, 34-3.5, 34-18, and 34-18.24
13as follows:
14    (105 ILCS 5/2-3.25a)  (from Ch. 122, par. 2-3.25a)
15    Sec. 2-3.25a. "School district" defined; additional
17    (a) For the purposes of State accountability in this
18Section and Sections 3.25b, 3.25c, 3.25d, 3.25e, and 3.25f of
19this Code, "school district" includes other public entities
20responsible for administering public schools, such as
21cooperatives, joint agreements, charter schools, special
22charter districts, regional offices of education, local



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1agencies, and the Department of Human Services.
2    (b) In addition to the standards established pursuant to
3Section 2-3.25, the State Board of Education shall develop
4recognition standards for student performance and school
5improvement for all school districts and their individual
6schools, which must be an outcomes-based, balanced
7accountability measure. The State Board of Education is
8prohibited from having separate performance standards for
9students based on race or ethnicity.
10    The accountability measure shall be outlined in the State
11Plan that the State Board of Education submits to the federal
12Department of Education pursuant to the federal Every Student
13Succeeds Act. If the federal Every Student Succeeds Act ceases
14to require a State Plan, the State Board of Education shall
15develop a written plan in consultation with the Balanced
16Accountability Committee created under subsection (b-5) of
17this Section.
18    Subject to the availability of federal, State, public, or
19private funds, the balanced accountability measure must be
20designed to focus on 2 components, student performance and
21professional practice. The student performance component shall
22count for 30% of the total balanced accountability measure, and
23the professional practice component shall count for 70% of the
24total balanced accountability measure. The student performance
25component shall focus on student outcomes and closing the
26achievement gaps within each school district and its individual



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1schools using a Multiple Measure Index and Annual Measurable
2Objectives, as set forth in Section 2-3.25d of this Code. The
3professional practice component shall focus on the degree to
4which a school district, as well as its individual schools, is
5implementing evidence-based, best professional practices and
6exhibiting continued improvement. Beginning with the 2015-2016
7school year, the balanced accountability measure shall consist
8of only the student performance component, which shall account
9for 100% of the total balanced accountability measure. From the
102017-2018 school year through the 2022-2023 school year, the
11State Board of Education and a Balanced Accountability Measure
12Committee shall identify a number of school districts per the
13designated school years to begin implementing the balanced
14accountability measure, which includes both the student
15performance and professional practice components. By the
162022-2023 school year, all school districts must be
17implementing the balanced accountability measure, which
18includes both components.
19    (b-5) The Balanced Accountability Measure Committee is
20created and shall consist of the following individuals: a
21representative of a statewide association representing
22regional superintendents of schools, a representative of a
23statewide association representing principals, a
24representative of an association representing principals in a
25city having a population exceeding 500,000, a representative of
26a statewide association representing school administrators, a



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1representative of a statewide professional teachers'
2organization, a representative of a different statewide
3professional teachers' organization, an additional
4representative from either statewide professional teachers'
5organization, a representative of a professional teachers'
6organization in a city having a population exceeding 500,000, a
7representative of a statewide association representing school
8boards, and a representative of a school district organized
9under Article 34 of this Code. The head of each association or
10entity listed in this paragraph shall appoint its respective
11representative. The State Superintendent of Education, in
12consultation with the Committee, may appoint no more than 2
13additional individuals to the Committee, which individuals
14shall serve in an advisory role and must not have voting or
15other decision-making rights. The Committee is abolished on
16June 1, 2023.
17    The Balanced Accountability Measure Committee shall meet
18no less than 4 times per year to discuss the accountability
19standards set forth in the State Plan pursuant to the federal
20Every Student Succeeds Act and to provide stakeholder feedback
21and recommendations to the State Board of Education with regard
22to the State Plan, which the State Board shall take into
23consideration. Upon completion of the 2019-2020 school year,
24the Balanced Accountability Measure Committee shall assess the
25implementation of the State Plan and, if necessary, make
26recommendations to the State Board for any changes. The



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1Committee shall consider accountability recommendations made
2by the Illinois P-20 Council established under Section 22-45 of
3this Code, the Illinois Early Learning Council created under
4the Illinois Early Learning Council Act, and any other
5stakeholder group established by the State Board in relation to
6the federal Every Student Succeeds Act. The State Board shall
7provide to the Committee an annual report with data and other
8information collected from entities identified by the State
9Board as learning partners, including, but not limited to, data
10and information on the learning partners' effectiveness,
11geographic distribution, and cost to serve as part of a
12comprehensive statewide system of support.
13    Using a Multiple Measure Index consistent with subsection
14(a) of Section 2-3.25d of this Code, the student performance
15component shall consist of the following subcategories, each of
16which must be valued at 10%:
17        (1) achievement status;
18        (2) achievement growth; and
19        (3) Annual Measurable Objectives, as set forth in
20    subsection (b) of Section 2-3.25d of this Code.
21Achievement status shall measure and assess college and career
22readiness, as well as the graduation rate. Achievement growth
23shall measure the school district's and its individual schools'
24student growth via this State's growth value tables. Annual
25Measurable Objectives shall measure the degree to which school
26districts, as well as their individual schools, are closing



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1their achievement gaps among their student population and
3    The professional practice component shall consist of the
4following subcategories:
5        (A) compliance;
6        (B) evidence-based best practices; and
7        (C) contextual improvement.
8Compliance, which shall count for 10%, shall measure the degree
9to which a school district and its individual schools meet the
10current State compliance requirements. Evidence-based best
11practices, which shall count for 30%, shall measure the degree
12to which school districts and their individual schools are
13adhering to a set of evidence-based quality standards and best
14practice for effective schools that include (i) continuous
15improvement, (ii) culture and climate, (iii) shared
16leadership, (iv) governance, (v) education and employee
17quality, (vi) family and community connections, and (vii)
18student and learning development and are further developed in
19consultation with the State Board of Education and the Balanced
20Accountability Measure Committee set forth in this subsection
21(b). Contextual improvement, which shall count for 30%, shall
22provide school districts and their individual schools the
23opportunity to demonstrate improved outcomes through local
24data, including without limitation school climate, unique
25characteristics, and barriers that impact the educational
26environment and hinder the development and implementation of



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1action plans to address areas of school district and individual
2school improvement. Each school district, in good faith
3cooperation with its teachers or, where applicable, the
4exclusive bargaining representatives of its teachers, shall
5develop 2 measurable objectives to demonstrate contextual
6improvement, each of which must be equally weighted. Each
7school district shall begin such good faith cooperative
8development of these objectives no later than 6 months prior to
9the beginning of the school year in which the school district
10is to implement the professional practice component of the
11balanced accountability measure. The professional practice
12component must be scored using trained peer review teams that
13observe and verify school district practices using an
14evidence-based framework.
15    The balanced accountability measure shall combine the
16student performance and professional practice components into
17one summative score based on 100 points at the school district
18and individual-school level. A school district shall be
19designated as "Exceeds Standards - Exemplar" if the overall
20score is 100 to 90, "Meets Standards - Proficient" if the
21overall score is 89 to 75, "Approaching Standards - Needs
22Improvement" if the overall score is 74 to 60, and "Below
23Standards - Unsatisfactory" if the overall score is 59 to 0.
24The balanced accountability measure shall also detail both
25incentives that reward school districts for continued improved
26performance, as provided in Section 2-3.25c of this Code, and



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1consequences for school districts that fail to provide evidence
2of continued improved performance, which may include
3presentation of a barrier analysis, additional school board and
4administrator training, or additional State assistance. Based
5on its summative score, a school district may be exempt from
6the balanced accountability measure for one or more school
7years. The State Board of Education, in collaboration with the
8Balanced Accountability Measure Committee set forth in this
9subsection (b-5) (b), shall adopt rules that further
10implementation in accordance with the requirements of this
12(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; 99-642,
13eff. 7-28-16; 99-657, eff. 7-28-16.)
14    (105 ILCS 5/2-3.25n)
15    Sec. 2-3.25n. Every Student Succeeds No Child Left Behind
16Act; requirements and construction.
17    (a) The changes in the State accountability system made by
18this amendatory Act of the 93rd General Assembly are a direct
19result of the federal Every Student Succeeds Act No Child Left
20Behind Act of 2001 (Public Law 107-110), which requires that
21each state develop and implement a single, statewide
22accountability system applicable to all schools and school
24    (b) As provided in the federal Every Student Succeeds Act
25No Child Left Behind Act of 2001 (Public Law 107-110), nothing



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1in this amendatory Act of the 93rd General Assembly shall be
2construed to alter or otherwise affect the rights, remedies,
3and procedures afforded school district or school employees
4under federal, State, or local law (including applicable rules,
5regulations, or court orders) or under the terms of collective
6bargaining agreements, memoranda of understanding, or other
7agreements between such employees and their employers.
8    (c) The State Board of Education may identify a school
9district as eligible for targeted and comprehensive services
10under the federal Every Student Succeeds Act.
11(Source: P.A. 93-470, eff. 8-8-03.)
12    (105 ILCS 5/2-3.52A)  (from Ch. 122, par. 2-3.52A)
13    Sec. 2-3.52A. Pilot programs. The To improve the quality of
14teaching as a profession the State Board of Education may,
15pursuant to the federal Every Student Succeeds Act and
16appropriations for such purposes, establish educator
17preparation pilot programs for teachers relating to clinical
18schools, restructuring the teaching workplace, and providing
19special assistance and support to beginning teachers. Such
20programs shall be conducted in accordance with rules adopted by
21the State Board of Education. Such rules shall provide for, but
22not be limited to, advisory councils and annual reports on the
23progress of the pilot programs.
24(Source: P.A. 85-322.)



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1    (105 ILCS 5/2-3.61a)
2    Sec. 2-3.61a. 21st Century Community Learning Center Grant
4    (a) The State Board of Education shall be the designated
5agency responsible for the administration of programs under
6Part I of Subchapter X of Chapter 70 of the federal Elementary
7and Secondary Education Act of 1965.
8    (b) The State Board of Education shall establish and
9implement a 21st Century Community Learning Center Grant
10Program, in accordance with federal guidelines, to provide
11grants to support whole child-focused academically focused
12after-school programs that are aligned with the regular
13academic programs of a school and the academic needs of
14students. These grants shall be used to help those students who
15attend high-poverty, low-performing schools meet State and
16local performance standards in core academic subjects and, if
17applicable, increase school day attendance and improve
18social-emotional skills for students who attend high-poverty,
19low-performing schools. These grants shall be used to help
20those students who attend high-poverty, low-performing schools
21meet State and local performance standards in core academic
22subjects and to offer opportunities for families of
23participating students to have meaningful engagement in their
24children's education that are linked to learning and healthy
25development outcomes opportunities for improved literacy and
26related educational development. If appropriate, external



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1stakeholder feedback shall be gathered and used to inform the
2grant application.
3    The State Board of Education shall award grants to eligible
4applicants that are of sufficient size and scope to implement
5support high-quality, effective after-school programs, to
6ensure reasonable success of achieving the goals identified in
7the grant application, and to offer those activities that are
8necessary to achieve these goals and performance indicators and
9measures with a direct link to student achievement.
10    (c) Using State funds, subject to appropriation, and any
11federal funds received for this purpose, the State Board of
12Education may establish any other grant programs that are
13necessary to establish high-quality, academically based,
14after-school programs that include family-centered education
16    (d) The State Board of Education may adopt any rules
17necessary to implement this Section.
18(Source: P.A. 93-374, eff. 7-24-03.)
19    (105 ILCS 5/2-3.64a-5)
20    Sec. 2-3.64a-5. State goals and assessment.
21    (a) For the assessment and accountability purposes of this
22Section, "students" includes those students enrolled in a
23public or State-operated elementary school, secondary school,
24or cooperative or joint agreement with a governing body or
25board of control, a charter school operating in compliance with



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1the Charter Schools Law, a school operated by a regional office
2of education under Section 13A-3 of this Code, or a public
3school administered by a local public agency or the Department
4of Human Services.
5    (b) The State Board of Education shall establish the
6academic standards that are to be applicable to students who
7are subject to State assessments under this Section. The State
8Board of Education shall not establish any such standards in
9final form without first providing opportunities for public
10participation and local input in the development of the final
11academic standards. Those opportunities shall include a
12well-publicized period of public comment and opportunities to
13file written comments.
14    (c) Beginning no later than the 2014-2015 school year, the
15State Board of Education shall annually assess all students
16enrolled in grades 3 through 8 in English language arts and
18    Beginning no later than the 2017-2018 school year, the
19State Board of Education shall annually assess all students in
20science at one grade in grades 3 through 5, at one grade in
21grades 6 through 8, and at one grade in grades 9 through 12.
22    The State Board of Education shall annually assess schools
23that operate a secondary education program, as defined in
24Section 22-22 of this Code, in English language arts and
25mathematics. The State Board of Education shall administer no
26more than 3 assessments, per student, of English language arts



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1and mathematics for students in a secondary education program.
2One of these assessments shall include a college and career
3ready determination that shall be recognized accepted by this
4State's public institutions of higher education, as defined in
5the Board of Higher Education Act, for the purpose of student
6application or admissions consideration. The assessment
7administered by the State Board of Education for the purpose of
8student application to or admissions consideration by
9institutions of higher education must be administered on a
10school day during regular student attendance hours.
11    Students who do are not take the State's final
12accountability assessment or its approved alternate assessment
13assessed for college and career ready determinations may not
14receive a regular high school diploma unless the student is
15exempted from taking the State assessments under subsection (d)
16of this Section because (i) the student's individualized
17educational program developed under Article 14 of this Code
18identifies the State assessment as inappropriate for the
19student, (ii) the student is enrolled in a program of adult and
20continuing education, as defined in the Adult Education Act,
21(iii) the school district is not required to assess the
22individual student for purposes of accountability under
23federal No Child Left Behind Act of 2001 requirements, (iv) the
24student has been determined to be an English learner and has
25been enrolled in schools in the United States for less than 12
26months, or (v) the student is otherwise identified by the State



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1Board of Education, through rules, as being exempt from the
3    The State Board of Education shall not assess students
4under this Section in subjects not required by this Section.
5    Districts shall inform their students of the timelines and
6procedures applicable to their participation in every yearly
7administration of the State assessments. The State Board of
8Education shall establish periods of time in each school year
9during which State assessments shall occur to meet the
10objectives of this Section.
11    (d) Every individualized educational program as described
12in Article 14 shall identify if the State assessment or
13components thereof require accommodation are appropriate for
14the student. The State Board of Education shall develop rules
15governing the administration of an alternate assessment that
16may be available to students for whom participation in this
17State's regular assessments is not appropriate, even with
18accommodations as allowed under this Section.
19    Students receiving special education services whose
20individualized educational programs identify them as eligible
21for the alternative State assessments nevertheless shall have
22the option of also taking this State's regular final
23accountability assessment that includes a college and career
24ready determination, which shall be administered in accordance
25with the eligible accommodations appropriate for meeting these
26students' respective needs.



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1    All students determined to be English learners shall
2participate in the State assessments. The scores of , excepting
3those students who have been enrolled in schools in the United
4States for less than 12 months may not be used for the purposes
5of accountability. Such students may be exempted from
6participation in one annual administration of the English
7language arts assessment. Any student determined to be an
8English learner shall receive appropriate assessment
9accommodations, including language supports, which shall be
10established by rule. Approved assessment accommodations must
11be provided until the student's English language skills develop
12to the extent that the student is no longer considered to be an
13English learner, as demonstrated through a State-identified
14English language proficiency assessment.
15    (e) The results or scores of each assessment taken under
16this Section shall be made available to the parents of each
18    In each school year, the scores attained by a student on
19the final accountability State assessment that includes a
20college and career ready determination must be placed in the
21student's permanent record pursuant to rules that the State
22Board of Education shall adopt for that purpose in accordance
23with Section 3 of the Illinois School Student Records Act. In
24each school year, the scores attained by a student on the State
25assessments administered in grades 3 through 8 must be placed
26in the student's temporary record.



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1    (f) All schools shall administer the State's an academic
2assessment of English language proficiency in oral language
3(listening and speaking) and reading and writing skills to all
4children determined to be English learners.
5    (g) All schools in this State that are part of the sample
6drawn by the National Center for Education Statistics, in
7collaboration with their school districts and the State Board
8of Education, shall administer the biennial academic
9assessments under the National Assessment of Educational
10Progress carried out under Section 411(b)(2) of the federal
11National Education Statistics Act of 1994 (20 U.S.C. 9010) if
12the U.S. Secretary of Education pays the costs of administering
13the assessments.
14    (h) (Blank). Subject to available funds to this State for
15the purpose of student assessment, the State Board of Education
16shall provide additional assessments and assessment resources
17that may be used by school districts for local assessment
18purposes. The State Board of Education shall annually
19distribute a listing of these additional resources.
20    (i) For the purposes of this subsection (i), "academically
21based assessments" means assessments consisting of questions
22and answers that are measurable and quantifiable to measure the
23knowledge, skills, and ability of students in the subject
24matters covered by the assessments. All assessments
25administered pursuant to this Section must be academically
26based assessments. The scoring of academically based



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1assessments shall be reliable, valid, and fair and shall meet
2the guidelines for assessment development and use prescribed by
3the American Psychological Association, the National Council
4on Measurement in Education, and the American Educational
5Research Association.
6    The State Board of Education shall review the use of all
7assessment item types in order to ensure that they are valid
8and reliable indicators of student performance aligned to the
9learning standards being assessed and that the development,
10administration, and scoring of these item types are justifiable
11in terms of cost.
12    (j) The State Superintendent of Education shall appoint a
13committee of no more than 21 members, consisting of parents,
14teachers, school administrators, school board members,
15assessment experts, regional superintendents of schools, and
16citizens, to review the State assessments administered by the
17State Board of Education. The Committee shall select one of its
18members as its chairperson. The Committee shall meet on an
19ongoing basis to review the content and design of the
20assessments (including whether the requirements of subsection
21(i) of this Section have been met), the time and money expended
22at the local and State levels to prepare for and administer the
23assessments, the collective results of the assessments as
24measured against the stated purpose of assessing student
25performance, and other issues involving the assessments
26identified by the Committee. The Committee shall make periodic



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1recommendations to the State Superintendent of Education and
2the General Assembly concerning the assessments.
3    (k) The State Board of Education may adopt rules to
4implement this Section.
5(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
6eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
7revised 9-22-17.)
8    (105 ILCS 5/2-3.136)
9    Sec. 2-3.136. Funding for class Class size reduction grant
11    (a) Class size reduction funding shall assist A K-3 class
12size reduction grant program is created. The program shall be
13implemented and administered by the State Board of Education.
14From appropriations made for purposes of this Section, the
15State Board shall award grants to schools that meet the
16criteria established by this Section subsection (a) for the
17award of funds those grants.
18    (a-5) Funds Grants shall be awarded pursuant to
19application. The form and manner of applications and the
20criteria for the award of funds grants shall be prescribed by
21the State Board of Education. The grant criteria as so
22prescribed, however, shall provide that only those schools that
23are identified as priority schools under Section 2-3.25d-5 of
24this Code and that maintain grades kindergarten through 3 are
25grant eligible.



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1    Funding Grants awarded to eligible schools under this
2Section subsection (a) shall be used and applied by the schools
3to defray the costs and expenses of reducing class size to a
4level that is evidence-based. If a school's facilities are
5inadequate to allow for the specified class size, then funding
6may be used for, but is not limited to, support for
7professional learning. operating and maintaining classes in
8grades kindergarten through 3 with an average class size within
9a specific grade of no more than 20 pupils. If a school's
10facilities are inadequate to allow for this specified class
11size, then a school may use the grant funds for teacher aides
13    (b) (Blank). A K-3 pilot class size reduction grant program
14is created. The program shall be implemented and administered
15by the State Board of Education. From appropriations made for
16purposes of this subsection (b), the State Board shall award
17grants to schools that meet the criteria established by this
18Section for the award of those grants.
19    Grants shall be awarded pursuant to application. The form
20and manner of application and the criteria for the award of
21grants shall be prescribed by the State Board of Education.
22    Grants awarded to eligible schools under this subsection
23(b) shall be used and applied by the schools to defray the
24costs and expenses of operating and maintaining classes in
25grades kindergarten through 3 of no more than 15 pupils per
26teacher per class. A teacher aide may not be used to meet this



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2    (c) (Blank). If a school board determines that a school is
3using funds awarded under this Section for purposes not
4authorized by this Section, then the school board, rather than
5the school, shall determine how the funds are used.
6    (d) The State Board of Education shall adopt any rules,
7consistent with the requirements of this Section, that are
8necessary to implement and administer this Section the class
9size reduction grant programs.
10(Source: P.A. 99-193, eff. 7-30-15.)
11    (105 ILCS 5/2-3.153)
12    Sec. 2-3.153. Survey of learning conditions.
13    (a) The State Board of Education shall administer a climate
14survey, identified by and paid for by the State Board of
15Education, select for statewide administration an instrument
16to provide feedback from, at a minimum, students in grades 4 6
17through 12 and teachers on the instructional environment within
18a school. Each after giving consideration to the
19recommendations of the Performance Evaluation Advisory Council
20made pursuant to subdivision (6) of subsection (a) of Section
2124A-20 of this Code. Subject to appropriation to the State
22Board of Education for the State's cost of development and
23administration and, subject to subsections (b) and (c) of this
24Section, each school district shall annually administer, at
25least biennially, the climate survey instrument in every public



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1school attendance center by a date specified by the State
2Superintendent of Education, and data resulting from the
3instrument's administration must be provided to the State Board
4of Education. The survey component that requires completion by
5the teachers must be administered during teacher meetings or
6professional development days or at other times that would not
7interfere with the teachers' regular classroom and direct
8instructional duties. The State Superintendent, following
9consultation with teachers, principals, and other appropriate
10stakeholders, shall publicly report on the survey selected
11indicators of learning conditions resulting from
12administration of the instrument at the individual school,
13district, and State levels and shall identify whether the
14indicators result from an anonymous administration of the
15instrument. If in any year the appropriation to the State Board
16of Education is insufficient for the State's costs associated
17with statewide administration of the instrument, the State
18Board of Education shall give priority to districts with
19low-performing schools and a representative sample of other
21    (b) A school district may elect to use, on a district-wide
22basis and at the school district's sole cost and expense, an
23alternate climate survey of learning conditions instrument
24pre-approved by the State Superintendent under subsection (c)
25of this Section in lieu of the State-adopted climate survey
26statewide survey instrument selected under subsection (a) of



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1this Section, provided that:
2        (1) the school district notifies the State Board of
3    Education, on a form provided by the State Superintendent,
4    of its intent to administer an alternate climate survey
5    instrument on or before a date established by the State
6    Superintendent for the 2014-2015 school year and August 1
7    of each subsequent school year during which the instrument
8    will be administered;
9        (2) the notification submitted to the State Board under
10    paragraph (1) of this subsection (b) must be accompanied by
11    a certification signed by the president of the local
12    teachers' exclusive bargaining representative and
13    president of the school board indicating that the alternate
14    survey has been agreed to by the teachers' exclusive
15    bargaining representative and the school board;
16        (3) the school district's administration of the
17    alternate instrument, including providing to the State
18    Board of Education data and reports suitable to be
19    published on school report cards and the State School
20    Report Card Internet website, is performed in accordance
21    with the requirements of subsection (a) of this Section;
22    and
23        (4) the alternate instrument is administered each
24    school year that the statewide survey instrument is
25    administered; if the statewide survey is not administrated
26    in a given school year, the school district is not required



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1    to provide the alternative instrument in that given school
2    year.
3    (c) The State Superintendent, in consultation with
4teachers, principals, superintendents, and other appropriate
5stakeholders, shall administer an approval process through
6which at least 2, but not more than 3, alternate survey of
7learning conditions instruments will be approved by the State
8Superintendent following a determination by the State
9Superintendent that each approved instrument:
10        (1) meets all requirements of subsection (a) of this
11    Section;
12        (2) provides a summation of indicator results of the
13    alternative survey by a date established by the State
14    Superintendent in a manner that allows the indicator
15    results to be included on school report cards pursuant to
16    Section 10-17a of this Code by October 31 of the school
17    year following the instrument's administration;
18        (3) provides summary reports for each district and
19    attendance center intended for parents and community
20    stakeholders;
21        (4) meets scale reliability requirements using
22    accepted testing measures;
23        (5) provides research-based evidence linking
24    instrument content to one or more improved student
25    outcomes; and
26        (6) has undergone and documented testing to prove



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1    validity and reliability.
2The State Superintendent shall periodically review and update
3the list of approved alternate survey instruments, provided
4that at least 2, but no more than 3, alternate survey
5instruments shall be approved for use during any school year.
6    (d) Nothing contained in this amendatory Act of the 98th
7General Assembly repeals, supersedes, invalidates, or
8nullifies final decisions in lawsuits pending on the effective
9date of this amendatory Act of the 98th General Assembly in
10Illinois courts involving the interpretation of Public Act
12(Source: P.A. 97-8, eff. 6-13-11; 97-813, eff. 7-13-12; 98-648,
13eff. 7-1-14.)
14    (105 ILCS 5/10-21.3a)
15    Sec. 10-21.3a. Transfer of students.
16    (a) Each school board shall establish and implement a
17policy governing the transfer of a student from one attendance
18center to another within the school district upon the request
19of the student's parent or guardian. Any request by a parent or
20guardian to transfer his or her child from one attendance
21center to another within the school district pursuant to
22Section 1116 of the federal Elementary and Secondary Education
23Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30
24days after the parent or guardian receives notice of the right
25to transfer pursuant to that law. A student may not transfer to



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1any of the following attendance centers, except by change in
2residence if the policy authorizes enrollment based on
3residence in an attendance area or unless approved by the board
4on an individual basis:
5        (1) An attendance center that exceeds or as a result of
6    the transfer would exceed its attendance capacity.
7        (2) An attendance center for which the board has
8    established academic criteria for enrollment if the
9    student does not meet the criteria, provided that the
10    transfer must be permitted if the attendance center is the
11    only attendance center serving the student's grade that has
12    not been identified for school improvement, corrective
13    action, or restructuring under Section 1116 of the federal
14    Elementary and Secondary Education Act of 1965 (20 U.S.C.
15    Sec. 6316).
16        (3) Any attendance center if the transfer would prevent
17    the school district from meeting its obligations under a
18    State or federal law, court order, or consent decree
19    applicable to the school district.
20    (b) Each school board shall establish and implement a
21policy governing the transfer of students within a school
22district from a persistently dangerous school to another public
23school in that district that is not deemed to be persistently
24dangerous. In order to be considered a persistently dangerous
25school, the school must meet all of the following criteria for
262 consecutive years:



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1        (1) Have greater than 3% of the students enrolled in
2    the school expelled for violence-related conduct.
3        (2) Have one or more students expelled for bringing a
4    firearm to school as defined in 18 U.S.C. 921.
5        (3) Have at least 3% of the students enrolled in the
6    school exercise the individual option to transfer schools
7    pursuant to subsection (c) of this Section.
8    (c) A student may transfer from one public school to
9another public school in that district if the student is a
10victim of a violent crime as defined in Section 3 of the Rights
11of Crime Victims and Witnesses Act. The violent crime must have
12occurred on school grounds during regular school hours or
13during a school-sponsored event.
14    (d) (Blank). Transfers made pursuant to subsections (b) and
15(c) of this Section shall be made in compliance with the
16federal No Child Left Behind Act of 2001 (Public Law 107-110).
17(Source: P.A. 96-328, eff. 8-11-09.)
18    (105 ILCS 5/10-29)
19    Sec. 10-29. Remote educational programs.
20    (a) For purposes of this Section, "remote educational
21program" means an educational program delivered to students in
22the home or other location outside of a school building that
23meets all of the following criteria:
24        (1) A student may participate in the program only after
25    the school district, pursuant to adopted school board



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1    policy, and a person authorized to enroll the student under
2    Section 10-20.12b of this Code determine that a remote
3    educational program will best serve the student's
4    individual learning needs. The adopted school board policy
5    shall include, but not be limited to, all of the following:
6            (A) Criteria for determining that a remote
7        educational program will best serve a student's
8        individual learning needs. The criteria must include
9        consideration of, at a minimum, a student's prior
10        attendance, disciplinary record, and academic history.
11            (B) Any limitations on the number of students or
12        grade levels that may participate in a remote
13        educational program.
14            (C) A description of the process that the school
15        district will use to approve participation in the
16        remote educational program. The process must include
17        without limitation a requirement that, for any student
18        who qualifies to receive services pursuant to the
19        federal Individuals with Disabilities Education
20        Improvement Act of 2004, the student's participation
21        in a remote educational program receive prior approval
22        from the student's individualized education program
23        team.
24            (D) A description of the process the school
25        district will use to develop and approve a written
26        remote educational plan that meets the requirements of



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1        subdivision (5) of this subsection (a).
2            (E) A description of the system the school district
3        will establish to determine student participation
4        calculate the number of clock hours a student is
5        participating in instruction in accordance with the
6        remote educational program.
7            (F) A description of the process for renewing a
8        remote educational program at the expiration of its
9        term.
10            (G) Such other terms and provisions as the school
11        district deems necessary to provide for the
12        establishment and delivery of a remote educational
13        program.
14        (2) The school district has determined that the remote
15    educational program's curriculum is aligned to State
16    learning standards and that the program offers instruction
17    and educational experiences consistent with those given to
18    students at the same grade level in the district.
19        (3) The remote educational program is delivered by
20    instructors that meet the following qualifications:
21            (A) they are certificated under Article 21 of this
22        Code;
23            (B) (blank); and they meet applicable highly
24        qualified criteria under the federal No Child Left
25        Behind Act of 2001; and
26            (C) they have responsibility for all of the



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1        following elements of the program: planning
2        instruction, diagnosing learning needs, prescribing
3        content delivery through class activities, assessing
4        learning, reporting outcomes to administrators and
5        parents and guardians, and evaluating the effects of
6        instruction.
7        (4) During the period of time from and including the
8    opening date to the closing date of the regular school term
9    of the school district established pursuant to Section
10    10-19 of this Code, participation in a remote educational
11    program may be claimed for general State aid purposes under
12    Section 18-8.05 of this Code or evidence-based funding
13    purposes under Section 18-8.15 of this Code on any calendar
14    day, notwithstanding whether the day is a day of pupil
15    attendance or institute day on the school district's
16    calendar or any other provision of law restricting
17    instruction on that day. If the district holds year-round
18    classes in some buildings, the district shall classify each
19    student's participation in a remote educational program as
20    either on a year-round or a non-year-round schedule for
21    purposes of claiming general State aid or evidence-based
22    funding. Outside of the regular school term of the
23    district, the remote educational program may be offered as
24    part of any summer school program authorized by this Code.
25        (5) Each student participating in a remote educational
26    program must have a written remote educational plan that



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1    has been approved by the school district and a person
2    authorized to enroll the student under Section 10-20.12b of
3    this Code. The school district and a person authorized to
4    enroll the student under Section 10-20.12b of this Code
5    must approve any amendment to a remote educational plan.
6    The remote educational plan must include, but is not
7    limited to, all of the following:
8            (A) Specific achievement goals for the student
9        aligned to State learning standards.
10            (B) A description of all assessments that will be
11        used to measure student progress, which description
12        shall indicate the assessments that will be
13        administered at an attendance center within the school
14        district.
15            (C) A description of the progress reports that will
16        be provided to the school district and the person or
17        persons authorized to enroll the student under Section
18        10-20.12b of this Code.
19            (D) Expectations, processes, and schedules for
20        interaction between a teacher and student.
21            (E) A description of the specific responsibilities
22        of the student's family and the school district with
23        respect to equipment, materials, phone and Internet
24        service, and any other requirements applicable to the
25        home or other location outside of a school building
26        necessary for the delivery of the remote educational



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1        program.
2            (F) If applicable, a description of how the remote
3        educational program will be delivered in a manner
4        consistent with the student's individualized education
5        program required by Section 614(d) of the federal
6        Individuals with Disabilities Education Improvement
7        Act of 2004 or plan to ensure compliance with Section
8        504 of the federal Rehabilitation Act of 1973.
9            (G) A description of the procedures and
10        opportunities for participation in academic and
11        extra-curricular activities and programs within the
12        school district.
13            (H) The identification of a parent, guardian, or
14        other responsible adult who will provide direct
15        supervision of the program. The plan must include an
16        acknowledgment by the parent, guardian, or other
17        responsible adult that he or she may engage only in
18        non-teaching duties not requiring instructional
19        judgment or the evaluation of a student. The plan shall
20        designate the parent, guardian, or other responsible
21        adult as non-teaching personnel or volunteer personnel
22        under subsection (a) of Section 10-22.34 of this Code.
23            (I) The identification of a school district
24        administrator who will oversee the remote educational
25        program on behalf of the school district and who may be
26        contacted by the student's parents with respect to any



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1        issues or concerns with the program.
2            (J) The term of the student's participation in the
3        remote educational program, which may not extend for
4        longer than 12 months, unless the term is renewed by
5        the district in accordance with subdivision (7) of this
6        subsection (a).
7            (K) A description of the specific location or
8        locations in which the program will be delivered. If
9        the remote educational program is to be delivered to a
10        student in any location other than the student's home,
11        the plan must include a written determination by the
12        school district that the location will provide a
13        learning environment appropriate for the delivery of
14        the program. The location or locations in which the
15        program will be delivered shall be deemed a long
16        distance teaching reception area under subsection (a)
17        of Section 10-22.34 of this Code.
18            (L) Certification by the school district that the
19        plan meets all other requirements of this Section.
20        (6) Students participating in a remote educational
21    program must be enrolled in a school district attendance
22    center pursuant to the school district's enrollment policy
23    or policies. A student participating in a remote
24    educational program must be tested as part of all
25    assessments administered by the school district pursuant
26    to Section 2-3.64a-5 of this Code at the attendance center



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1    in which the student is enrolled and in accordance with the
2    attendance center's assessment policies and schedule. The
3    student must be included within all accountability
4    determinations for the school district and attendance
5    center under State and federal law.
6        (7) The term of a student's participation in a remote
7    educational program may not extend for longer than 12
8    months, unless the term is renewed by the school district.
9    The district may only renew a student's participation in a
10    remote educational program following an evaluation of the
11    student's progress in the program, a determination that the
12    student's continuation in the program will best serve the
13    student's individual learning needs, and an amendment to
14    the student's written remote educational plan addressing
15    any changes for the upcoming term of the program.
16    For purposes of this Section, a remote educational program
17does not include instruction delivered to students through an
18e-learning program approved under Section 10-20.56 of this
20    (b) A school district may, by resolution of its school
21board, establish a remote educational program.
22    (c) (Blank). Clock hours of instruction by students in a
23remote educational program meeting the requirements of this
24Section may be claimed by the school district and shall be
25counted as school work for general State aid purposes in
26accordance with and subject to the limitations of Section



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118-8.05 of this Code or evidence-based funding purposes in
2accordance with and subject to the limitations of Section
318-8.15 of this Code.
4    (d) The impact of remote educational programs on wages,
5hours, and terms and conditions of employment of educational
6employees within the school district shall be subject to local
7collective bargaining agreements.
8    (e) The use of a home or other location outside of a school
9building for a remote educational program shall not cause the
10home or other location to be deemed a public school facility.
11    (f) A remote educational program may be used, but is not
12required, for instruction delivered to a student in the home or
13other location outside of a school building that is not claimed
14for general State aid purposes under Section 18-8.05 of this
15Code or evidence-based funding purposes under Section 18-8.15
16of this Code.
17    (g) School districts that, pursuant to this Section, adopt
18a policy for a remote educational program must submit to the
19State Board of Education a copy of the policy and any
20amendments thereto, as well as data on student participation in
21a format specified by the State Board of Education. The State
22Board of Education may perform or contract with an outside
23entity to perform an evaluation of remote educational programs
24in this State.
25    (h) The State Board of Education may adopt any rules
26necessary to ensure compliance by remote educational programs



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1with the requirements of this Section and other applicable
2legal requirements.
3(Source: P.A. 99-193, eff. 7-30-15; 99-194, eff. 7-30-15;
499-642, eff. 7-28-16; 100-465, eff. 8-31-17.)
5    (105 ILCS 5/34-1.1)  (from Ch. 122, par. 34-1.1)
6    Sec. 34-1.1. Definitions. As used in this Article:
7    "Academic Accountability Council" means the Chicago
8Schools Academic Accountability Council created under Section
10    "Local School Council" means a local school council
11established under Section 34-2.1.
12    "School" and "attendance center" are used interchangeably
13to mean any attendance center operated pursuant to this Article
14and under the direction of one principal.
15    "Secondary Attendance Center" means a school which has
16students enrolled in grades 9 through 12 (although it may also
17have students enrolled in grades below grade 9).
18    "Local Attendance Area School" means a school which has a
19local attendance area established by the board.
20    "Multi-area school" means a school other than a local
21attendance area school.
22    "Contract school" means an attendance center managed and
23operated by a for-profit or not-for-profit private entity
24retained by the board to provide instructional and other
25services to a majority of the pupils enrolled in the attendance



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2    "Contract turnaround school" means an experimental
3contract school created by the board to implement alternative
4governance in an attendance center subject to restructuring or
5similar intervention under federal law that has not made
6adequate yearly progress for 5 consecutive years or a time
7period set forth in federal law.
8    "Parent" means a parent or legal guardian of an enrolled
9student of an attendance center.
10    "Community resident" means a person, 18 years of age or
11older, residing within an attendance area served by a school,
12excluding any person who is a parent of a student enrolled in
13that school; provided that with respect to any multi-area
14school, community resident means any person, 18 years of age or
15older, residing within the voting district established for that
16school pursuant to Section 34-2.1c, excluding any person who is
17a parent of a student enrolled in that school.
18    "School staff" means all certificated and uncertificated
19school personnel, including all teaching and administrative
20staff (other than the principal) and including all custodial,
21food service and other civil service employees, who are
22employed at and assigned to perform the majority of their
23employment duties at one attendance center served by the same
24local school council.
25    "Regular meetings" means the meeting dates established by
26the local school council at its annual organizational meeting.



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1(Source: P.A. 96-105, eff. 7-30-09.)
2    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
3    Sec. 34-18. Powers of the board. The board shall exercise
4general supervision and jurisdiction over the public education
5and the public school system of the city, and, except as
6otherwise provided by this Article, shall have power:
7        1. To make suitable provision for the establishment and
8    maintenance throughout the year or for such portion thereof
9    as it may direct, not less than 9 months, of schools of all
10    grades and kinds, including normal schools, high schools,
11    night schools, schools for defectives and delinquents,
12    parental and truant schools, schools for the blind, the
13    deaf and persons with physical disabilities, schools or
14    classes in manual training, constructural and vocational
15    teaching, domestic arts and physical culture, vocation and
16    extension schools and lecture courses, and all other
17    educational courses and facilities, including
18    establishing, equipping, maintaining and operating
19    playgrounds and recreational programs, when such programs
20    are conducted in, adjacent to, or connected with any public
21    school under the general supervision and jurisdiction of
22    the board; provided that the calendar for the school term
23    and any changes must be submitted to and approved by the
24    State Board of Education before the calendar or changes may
25    take effect, and provided that in allocating funds from



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



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



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



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



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



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



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



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



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



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1    or through the utilization of the school district resources
2    or facilities. The employee who developed the computer
3    program shall be entitled to share in the proceeds of such
4    sale or marketing of the computer program. The distribution
5    of such proceeds between the employee and the school
6    district shall be as agreed upon by the employee and the
7    school district, except that neither the employee nor the
8    school district may receive more than 90% of such proceeds.
9    The negotiation for an employee who is represented by an
10    exclusive bargaining representative may be conducted by
11    such bargaining 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
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;



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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 is
7    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 county
13    with a population of 3,000,000 or more, the Cook County
14    Forest Preserve District, the Chicago Park District, the
15    Metropolitan Water Reclamation District, the Chicago
16    Transit Authority, or a housing authority of a municipality
17    with a population of 500,000 or more that a debt is due and
18    owing the municipality, the county, the Cook County Forest
19    Preserve District, the Chicago Park District, the
20    Metropolitan Water Reclamation District, the Chicago
21    Transit Authority, or the housing authority by an employee
22    of the Chicago Board of Education, to withhold, from the
23    compensation of that employee, the amount of the debt that
24    is due and owing and pay the amount withheld to the
25    municipality, the county, the Cook County Forest Preserve
26    District, the Chicago Park District, the Metropolitan



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



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



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1    origins in any of the original peoples of North and South
2    America, including Central America, and who maintains
3    tribal affiliation or community attachment).
4        (b) Asian (a person having origins in any of the
5    original peoples of the Far East, Southeast Asia, or the
6    Indian subcontinent, including, but not limited to,
7    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
8    the Philippine Islands, Thailand, and Vietnam).
9        (c) Black or African American (a person having origins
10    in any of the black racial groups of Africa). Terms such as
11    "Haitian" or "Negro" can be used in addition to "Black or
12    African American".
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 person
17    having origins in any of the original peoples of Hawaii,
18    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 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 Act in order to assure
4    they have the knowledge and skills to perform their duties;
5        28. To establish a fund for the prioritized special
6    needs programs, and to allocate such funds and other lump
7    sum amounts to each attendance center in a manner
8    consistent with the provisions of part 4 of Section 34-2.3.
9    Nothing in this paragraph shall be construed to require any
10    additional appropriations of State funds for this purpose;
11        29. (Blank);
12        30. Notwithstanding any other provision of this Act or
13    any other law to the contrary, to contract with third
14    parties for services otherwise performed by employees,
15    including those in a bargaining unit, and to layoff those
16    employees upon 14 days written notice to the affected
17    employees. Those contracts may be for a period not to
18    exceed 5 years and may be awarded on a system-wide basis.
19    The board may not operate more than 30 contract schools,
20    provided that the board may operate an additional 5
21    contract turnaround schools pursuant to item (5.5) of
22    subsection (d) of Section 34-8.3 of this Code;
23        31. To promulgate rules establishing procedures
24    governing the layoff or reduction in force of employees and
25    the recall of such employees, including, but not limited
26    to, criteria for such layoffs, reductions in force or



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



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1    In addition to the powers herein granted and authorized to
2be exercised by the board, it shall be the duty of the board to
3review or to direct independent reviews of special education
4expenditures and services. The board shall file a report of
5such review with the General Assembly on or before May 1, 1990.
6(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17.)
7    (105 ILCS 5/34-18.24)
8    Sec. 34-18.24. Transfer of students.
9    (a) The board shall establish and implement a policy
10governing the transfer of a student from one attendance center
11to another within the school district upon the request of the
12student's parent or guardian. Any request by a parent or
13guardian to transfer his or her child from one attendance
14center to another within the school district pursuant to
15Section 1116 of the federal Elementary and Secondary Education
16Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30
17days after the parent or guardian receives notice of the right
18to transfer pursuant to that law. A student may not transfer to
19any of the following attendance centers, except by change in
20residence if the policy authorizes enrollment based on
21residence in an attendance area or unless approved by the board
22on an individual basis:
23        (1) An attendance center that exceeds or as a result of
24    the transfer would exceed its attendance capacity.
25        (2) An attendance center for which the board has



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1    established academic criteria for enrollment if the
2    student does not meet the criteria, provided that the
3    transfer must be permitted if the attendance center is the
4    only attendance center serving the student's grade that has
5    not been identified for school improvement, corrective
6    action, or restructuring under Section 1116 of the federal
7    Elementary and Secondary Education Act of 1965 (20 U.S.C.
8    Sec. 6317).
9        (3) Any attendance center if the transfer would prevent
10    the school district from meeting its obligations under a
11    State or federal law, court order, or consent decree
12    applicable to the school district.
13(b) The board shall establish and implement a policy governing
14the transfer of students within the school district from a
15persistently dangerous attendance center to another attendance
16center in that district that is not deemed to be persistently
17dangerous. In order to be considered a persistently dangerous
18attendance center, the attendance center must meet all of the
19following criteria for 2 consecutive years:
20        (1) Have greater than 3% of the students enrolled in
21    the attendance center expelled for violence-related
22    conduct.
23        (2) Have one or more students expelled for bringing a
24    firearm to school as defined in 18 U.S.C. 921.
25        (3) Have at least 3% of the students enrolled in the
26    attendance center exercise the individual option to



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1    transfer attendance centers pursuant to subsection (c) of
2    this Section.
3    (c) A student may transfer from one attendance center to
4another attendance center within the district if the student is
5a victim of a violent crime as defined in Section 3 of the
6Rights of Crime Victims and Witnesses Act. The violent crime
7must have occurred on school grounds during regular school
8hours or during a school-sponsored event.
9    (d) (Blank). Transfers made pursuant to subsections (b) and
10(c) of this Section shall be made in compliance with the
11federal No Child Left Behind Act of 2001 (Public Law 107-110).
12(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
13    (105 ILCS 5/2-3.25d rep.)
14    (105 ILCS 5/10-20.39 rep.)
15    (105 ILCS 5/21B-200 rep.)
16    (105 ILCS 5/34-3.5 rep.)
17    (105 ILCS 5/34-18.31 rep.)
18    Section 10. The School Code is amended by repealing
19Sections 2-3.25d, 10-20.39, 21B-200, 34-3.5, and 34-18.31.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.