Full Text of HB5537 98th General Assembly
HB5537 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5537 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Makes changes concerning State Board of Education actions for schools or school districts that remain on academic watch status. Removes current provisions governing the removal of school board members and the appointment of an Independent Authority. Provides for assistance to lower performing districts. Provides that the State Board has the power to direct the State Superintendent of Education to remove a school board in a district having a population of not more than 500,000. Provides that the State Board may require identified priority districts to seek accreditation through an independent accreditation organization chosen by the State Board and paid for by the State. Allows the State Board to direct the State Superintendent to remove school board members in any district in which the district is unable to obtain accreditation in whole or in part due to reasons related to school board governance. Provides that upon removal of the school board, the State Superintendent shall establish an Independent Authority. Provides that, upon establishment of an Independent Authority to operate the district, the State Superintendent shall appoint members to serve on the Independent Authority. Provides that the Independent Authority shall have all of the powers and duties of a school board and all other powers necessary to meet its responsibilities and to carry out its purposes and that may be requisite or proper for the maintenance, operation, and development of any school or schools under the jurisdiction of the Independent Authority. Sets forth provisions concerning emergency financial assistance, the suspension of school board elections, reports, assistance, the abolition of an Independent Authority, and indemnification and protection from suit. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 2-3.25d, 2-3.25f, 2-3.25g, 2-3.25h, and 10-10 and by adding | 6 | | Sections 2-3.25e-5 and 2-3.25f-5 as follows:
| 7 | | (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
| 8 | | Sec. 2-3.25d. Academic early warning and watch status.
| 9 | | (a) Beginning with the 2005-2006 school year, unless the | 10 | | federal government formally disapproves of such policy through | 11 | | the submission and review process for the Illinois | 12 | | Accountability Workbook, those
schools that do not meet | 13 | | adequate yearly progress criteria for 2 consecutive annual
| 14 | | calculations in the same subject or in their participation | 15 | | rate, attendance rate, or graduation rate
shall be placed on | 16 | | academic early warning status for the next school year.
Schools | 17 | | on academic early warning status that do not meet adequate | 18 | | yearly
progress criteria for a third annual calculation in the | 19 | | same subject or in their participation rate, attendance rate, | 20 | | or graduation rate
shall remain on academic early
warning | 21 | | status. Schools on academic early warning status that do not | 22 | | meet
adequate yearly progress criteria for a fourth annual | 23 | | calculation in the same subject or in their participation rate, |
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| 1 | | attendance rate, or graduation rate shall be
placed
on initial | 2 | | academic watch status. Schools on academic watch status that do | 3 | | not
meet adequate yearly progress criteria for a fifth or | 4 | | subsequent annual
calculation in the same subject or in their | 5 | | participation rate, attendance rate, or graduation rate shall | 6 | | remain on academic watch status. Schools on academic early
| 7 | | warning or academic watch status that meet adequate yearly | 8 | | progress criteria
for 2 consecutive calculations
shall be | 9 | | considered as having
met
expectations and shall be removed from | 10 | | any status designation.
| 11 | | The school district of a school placed on either academic | 12 | | early warning
status or academic watch status may appeal the | 13 | | status to the State Board of
Education in accordance with | 14 | | Section 2-3.25m of this Code.
| 15 | | A school district that has one or more schools on academic | 16 | | early warning
or academic watch status shall prepare a revised | 17 | | School Improvement Plan or
amendments thereto setting forth the | 18 | | district's expectations for removing each
school from academic | 19 | | early warning or academic watch status and for improving
| 20 | | student performance in the affected school or schools. | 21 | | Districts operating
under
Article 34 of this Code may prepare | 22 | | the School Improvement Plan required under
Section 34-2.4 of | 23 | | this Code.
| 24 | | The revised School Improvement Plan for a school
that is | 25 | | initially placed on academic early warning status
or that | 26 | | remains on
academic early warning status after a third annual |
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| 1 | | calculation
must be approved by
the
school board (and by the | 2 | | school's local school council in a district operating
under | 3 | | Article 34 of this Code, unless the school is on probation | 4 | | pursuant to
subsection (c) of Section
34-8.3 of this Code).
| 5 | | The revised School Improvement Plan for a school that is | 6 | | initially placed on
academic watch status after a fourth annual | 7 | | calculation must be approved by the
school board (and by the | 8 | | school's local school council in a district operating
under | 9 | | Article 34 of this Code, unless the school is on probation | 10 | | pursuant to
subsection (c) of Section
34-8.3 of this Code).
| 11 | | The revised School Improvement Plan for a school that | 12 | | remains on
academic watch status after a fifth annual | 13 | | calculation must be approved by the
school board (and by the | 14 | | school's local school council in a district operating
under | 15 | | Article 34 of this Code, unless the school is on probation | 16 | | pursuant to
subsection (c) of Section
34-8.3 of this Code).
In | 17 | | addition, the district must develop a school restructuring plan | 18 | | for the
school that
must
be approved by the school board (and | 19 | | by the school's local school council in a
district operating | 20 | | under Article 34 of this Code).
| 21 | | A school on academic watch status that does not meet | 22 | | adequate yearly
progress criteria for a sixth annual | 23 | | calculation shall implement its approved
school restructuring | 24 | | plan beginning with the next school year, subject to the
State
| 25 | | interventions specified in Sections Section 2-3.25f and | 26 | | 2-3.25f-5 of this Code.
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| 1 | | (b) Beginning with the 2005-2006 school year, unless the | 2 | | federal government formally disapproves of such policy through | 3 | | the submission and review process for the Illinois | 4 | | Accountability Workbook, those
school districts that do not | 5 | | meet adequate yearly progress
criteria for 2 consecutive
annual
| 6 | | calculations in the same subject or in their participation | 7 | | rate, attendance rate, or graduation rate shall be placed on | 8 | | academic early warning status for the next
school year. | 9 | | Districts on academic early warning status that do not meet
| 10 | | adequate yearly progress criteria for a third annual | 11 | | calculation in the same subject or in their participation rate, | 12 | | attendance rate, or graduation rate
shall remain
on
academic | 13 | | early warning status. Districts on academic early warning | 14 | | status that
do not meet adequate yearly progress criteria for a | 15 | | fourth annual calculation
in the same subject or in their | 16 | | participation rate, attendance rate, or graduation rate shall
| 17 | | be placed on initial academic watch status. Districts on | 18 | | academic watch status
that do not meet adequate yearly progress | 19 | | criteria for a fifth or subsequent
annual calculation in the | 20 | | same subject or in their participation rate, attendance rate, | 21 | | or graduation rate shall remain on academic watch status. | 22 | | Districts on academic
early warning or academic watch status | 23 | | that meet adequate yearly progress
criteria for one annual | 24 | | calculation shall be
considered
as having met expectations and | 25 | | shall be removed from any status designation.
| 26 | | A district placed on either academic early warning status |
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| 1 | | or academic
watch status may appeal the status to the State | 2 | | Board of Education in
accordance with Section 2-3.25m of this | 3 | | Code.
| 4 | | Districts on academic early warning or academic watch | 5 | | status shall
prepare a District Improvement Plan or amendments | 6 | | thereto setting forth the
district's expectations for removing | 7 | | the district from academic early warning
or
academic watch | 8 | | status and for improving student performance in the district.
| 9 | | All
District Improvement Plans must be approved by the | 10 | | school board.
| 11 | | (c) All revised School and District Improvement Plans shall | 12 | | be developed
in collaboration with parents, staff in the | 13 | | affected school or school district, and outside experts. All
| 14 | | revised
School and District Improvement Plans shall be | 15 | | developed, submitted, and
monitored pursuant to rules adopted | 16 | | by the State Board of Education. The
revised Improvement Plan | 17 | | shall address measurable outcomes for improving
student | 18 | | performance so that such performance meets adequate yearly | 19 | | progress
criteria as specified by the State Board of Education. | 20 | | All school districts required to revise a School Improvement | 21 | | Plan in accordance with this Section shall establish a peer | 22 | | review process for the evaluation of School Improvement Plans.
| 23 | | (d) All federal requirements apply to schools and school | 24 | | districts utilizing
federal funds under Title I, Part A of the | 25 | | federal Elementary and Secondary
Education Act of 1965. | 26 | | (e) The State Board of Education, from any moneys it may |
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| 1 | | have available for this purpose, must implement
and administer | 2 | | a grant
program that provides 2-year grants to school districts | 3 | | on the academic watch
list and other school districts that have | 4 | | the lowest achieving students, as
determined by the State Board | 5 | | of Education, to be
used to improve student achievement.
In | 6 | | order
to receive a
grant under this program, a school district | 7 | | must establish an accountability
program. The
accountability | 8 | | program must involve the use of statewide testing standards and
| 9 | | local
evaluation measures. A grant shall be automatically | 10 | | renewed when achievement
goals are met. The Board may adopt any | 11 | | rules necessary to implement and
administer this grant program.
| 12 | | (Source: P.A. 96-734, eff. 8-25-09.)
| 13 | | (105 ILCS 5/2-3.25e-5 new) | 14 | | Sec. 2-3.25e-5. Two years on academic watch status; | 15 | | full-year school plan. | 16 | | (a) In this Section, "school" means any of the following | 17 | | named public schools or their successor name: | 18 | | (1) Dirksen Middle School in Dolton School District | 19 | | 149. | 20 | | (2) Diekman Elementary School in Dolton School | 21 | | District 149. | 22 | | (3) Caroline Sibley Elementary School in Dolton School | 23 | | District 149. | 24 | | (4) Berger-Vandenberg Elementary School in Dolton | 25 | | School District 149. |
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| 1 | | (5) Carol Moseley Braun School in Dolton School | 2 | | District 149. | 3 | | (6) New Beginnings Learning Academy in Dolton School | 4 | | District 149. | 5 | | (7) McKinley Junior High School in South Holland School | 6 | | District 150. | 7 | | (8) Greenwood Elementary School in South Holland | 8 | | School District 150. | 9 | | (9) McKinley Elementary School in South Holland School | 10 | | District 150. | 11 | | (10) Eisenhower School in South Holland School | 12 | | District 151. | 13 | | (11) Madison School in South Holland School District | 14 | | 151. | 15 | | (12) Taft School in South Holland School District 151. | 16 | | (13) Wolcott School in Thornton School District 154. | 17 | | (14) Memorial Junior High School in Lansing School | 18 | | District 158. | 19 | | (15) Oak Glen Elementary School in Lansing School | 20 | | District 158. | 21 | | (16) Lester Crawl Primary Center in Lansing School | 22 | | District 158. | 23 | | (17) Brookwood Junior High School in Brookwood School | 24 | | District 167. | 25 | | (18) Brookwood Middle School in Brookwood School | 26 | | District 167. |
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| 1 | | (19) Hickory Bend Elementary School in Brookwood | 2 | | School District 167. | 3 | | (20) Medgar Evers Primary Academic Center in Ford | 4 | | Heights School District 169. | 5 | | (21) Nathan Hale Elementary School in Sunnybrook | 6 | | School District 171. | 7 | | (22) Ira F. Aldridge Elementary School in City of | 8 | | Chicago School District 299. | 9 | | (23) William E.B. DuBois Elementary School in City of | 10 | | Chicago School District 299. | 11 | | (b) If, after 2 years following its placement on academic | 12 | | watch status, a school remains on academic watch status, then, | 13 | | subject to federal appropriation money being available, the | 14 | | State Board of Education shall allow the school board to opt | 15 | | into the process of operating that school on a pilot, full-year | 16 | | school plan, approved by the State Board of Education, upon | 17 | | expiration of its teachers' current collective bargaining | 18 | | agreement until the expiration of the next collective | 19 | | bargaining agreement. A school board must notify the State | 20 | | Board of Education of its intent to opt into the process of | 21 | | operating a school on a pilot, full-year school plan.
| 22 | | (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
| 23 | | Sec. 2-3.25f. State interventions.
| 24 | | (a) The State Board of Education shall provide technical
| 25 | | assistance to assist with the development and implementation of |
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| 1 | | School and District Improvement Plans.
| 2 | | Schools or school districts that fail to make reasonable | 3 | | efforts to
implement an
approved Improvement Plan may suffer | 4 | | loss of State funds by school
district, attendance center, or | 5 | | program as the State Board of Education
deems appropriate.
| 6 | | (a-5) (Blank). In this subsection (a-5), "school" means any | 7 | | of the following named public schools or their successor name: | 8 | | (1) Dirksen Middle School in Dolton School District | 9 | | 149. | 10 | | (2) Diekman Elementary School in Dolton School | 11 | | District 149. | 12 | | (3) Caroline Sibley Elementary School in Dolton School | 13 | | District 149. | 14 | | (4) Berger-Vandenberg Elementary School in Dolton | 15 | | School District 149. | 16 | | (5) Carol Moseley Braun School in Dolton School | 17 | | District 149. | 18 | | (6) New Beginnings Learning Academy in Dolton School | 19 | | District 149. | 20 | | (7) McKinley Junior High School in South Holland School | 21 | | District 150. | 22 | | (8) Greenwood Elementary School in South Holland | 23 | | School District 150. | 24 | | (9) McKinley Elementary School in South Holland School | 25 | | District 150. | 26 | | (10) Eisenhower School in South Holland School |
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| 1 | | District 151. | 2 | | (11) Madison School in South Holland School District | 3 | | 151. | 4 | | (12) Taft School in South Holland School District 151. | 5 | | (13) Wolcott School in Thornton School District 154. | 6 | | (14) Memorial Junior High School in Lansing School | 7 | | District 158. | 8 | | (15) Oak Glen Elementary School in Lansing School | 9 | | District 158. | 10 | | (16) Lester Crawl Primary Center in Lansing School | 11 | | District 158. | 12 | | (17) Brookwood Junior High School in Brookwood School | 13 | | District 167. | 14 | | (18) Brookwood Middle School in Brookwood School | 15 | | District 167. | 16 | | (19) Hickory Bend Elementary School in Brookwood | 17 | | School District 167. | 18 | | (20) Medgar Evers Primary Academic Center in Ford | 19 | | Heights School District 169. | 20 | | (21) Nathan Hale Elementary School in Sunnybrook | 21 | | School District 171. | 22 | | (22) Ira F. Aldridge Elementary School in City of | 23 | | Chicago School District 299. | 24 | | (23) William E.B. DuBois Elementary School in City of | 25 | | Chicago School District 299. | 26 | | If, after 2 years following its placement on academic watch |
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| 1 | | status, a school remains on academic watch status, then, | 2 | | subject to federal appropriation money being available, the | 3 | | State Board of Education shall allow the school board to opt in | 4 | | the process of operating that school on a pilot full-year | 5 | | school plan approved by the State Board of Education upon | 6 | | expiration of its teachers' current collective bargaining | 7 | | agreement until the expiration of the next collective | 8 | | bargaining agreement. A school board must notify the State | 9 | | Board of Education of its intent to opt in the process of | 10 | | operating a school on a pilot full-year school plan. | 11 | | (b) If In addition, if after 3 years following its | 12 | | placement on
academic
watch status a school district or school | 13 | | remains on
academic watch status, the
State Board of Education | 14 | | shall take one of the following actions for the
district or
| 15 | | school:
(1) The State Board of Education may authorize the | 16 | | State
Superintendent
of Education to direct the regional | 17 | | superintendent of schools to remove
school board members | 18 | | pursuant to Section 3-14.28 of this Code. Prior
to such | 19 | | direction the State Board of Education shall permit members of | 20 | | the
local board of education to present written and oral | 21 | | comments to the State
Board of Education. The State Board of | 22 | | Education may direct the State
Superintendent of Education to | 23 | | appoint an Independent Authority that shall
exercise such | 24 | | powers and duties as may be necessary to operate a school or
| 25 | | school district for purposes of improving pupil performance and | 26 | | school
improvement. The State Superintendent of Education |
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| 1 | | shall designate one
member of the Independent Authority to | 2 | | serve as chairman. The Independent
Authority shall serve for a | 3 | | period of time specified by the State Board of
Education upon | 4 | | the recommendation of the State Superintendent of
Education.
| 5 | | (2) The State Board of Education may (i) (A)
change the | 6 | | recognition status of the school district or school to
| 7 | | nonrecognized , or (ii) (B) authorize the State Superintendent
| 8 | | of Education to direct the reassignment of pupils
or direct the | 9 | | reassignment or replacement of school district personnel who
| 10 | | are relevant to the
failure
to
meet adequate yearly progress | 11 | | criteria. If
a school district is nonrecognized in its | 12 | | entirety, it shall automatically
be dissolved on July 1 | 13 | | following that nonrecognition and its territory
realigned with | 14 | | another school district or districts by the regional board
of | 15 | | school trustees in accordance with the procedures set forth in | 16 | | Section
7-11 of the School Code. The effective date of the | 17 | | nonrecognition of a school
shall be July 1 following the | 18 | | nonrecognition.
| 19 | | (b-5) The State Board of Education shall also develop a | 20 | | system to provide assistance and resources to lower performing | 21 | | school districts. At a minimum, the State Board shall identify | 22 | | school districts to receive priority services, to be known as | 23 | | priority districts. In addition, the State Board may, by rule, | 24 | | develop other categories of low-performing schools and school | 25 | | districts to receive services. | 26 | | Districts designated as priority districts shall be those |
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| 1 | | that fall within one of the following categories: | 2 | | (1) Have at least one school that is among the lowest | 3 | | performing 5% of schools in this State based on a 3-year | 4 | | average, with respect to the performance of the "all | 5 | | students" group for the percentage of students meeting or | 6 | | exceeding standards in reading and mathematics combined, | 7 | | and demonstrate a lack of progress as defined by the State | 8 | | Board of Education. | 9 | | (2) Have at least one secondary school that has an | 10 | | average graduation rate of less than 60% over the last 3 | 11 | | school years. | 12 | | (3) Have at least one school receiving a school | 13 | | improvement grant under Section 1003(g) of the federal | 14 | | Elementary and Secondary Education Act of 1965. | 15 | | The State Board of Education shall work with a priority | 16 | | district to perform a district needs assessment to determine | 17 | | the district's core functions that are areas of strength and | 18 | | weakness, unless the district is already undergoing a national | 19 | | accreditation process. The results from the district needs | 20 | | assessment shall be used by the district to identify goals and | 21 | | objectives for the district's improvement. The district needs | 22 | | assessment shall include a study of district functions, such as | 23 | | district finance, governance, student engagement, instruction | 24 | | practices, climate, community involvement, and continuous | 25 | | improvement. | 26 | | Based on the results of the district needs assessment, the |
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| 1 | | State Board of Education shall work with the district to | 2 | | provide technical assistance and professional development, in | 3 | | partnership with the district, to implement a continuous | 4 | | improvement plan that would increase outcomes for students. The | 5 | | plan for continuous improvement shall be based on the results | 6 | | of the district needs assessment and shall be used to determine | 7 | | the types of services that are to be provided to each priority | 8 | | district. Potential services for a district may include | 9 | | monitoring adult and student practices, reviewing and | 10 | | reallocating district resources, developing a district | 11 | | leadership team, providing access to curricular content area | 12 | | specialists, and providing online resources and professional | 13 | | development. | 14 | | The State Board of Education may require priority districts | 15 | | identified as having deficiencies in one or more core functions | 16 | | of the district needs assessment to undergo an accreditation | 17 | | process as provided in subsection (d) of Section 2-3.25f-5 of | 18 | | this Code. | 19 | | (c) All federal requirements apply to schools and school | 20 | | districts
utilizing
federal funds under Title I, Part A of the | 21 | | federal Elementary and Secondary
Education Act of 1965.
| 22 | | (Source: P.A. 97-370, eff. 1-1-12.)
| 23 | | (105 ILCS 5/2-3.25f-5 new) | 24 | | Sec. 2-3.25f-5. Independent Authority. | 25 | | (a) The General Assembly finds all of the following: |
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| 1 | | (1) A fundamental goal of the people of this State, as | 2 | | expressed in Section 1 of Article X of the Illinois | 3 | | Constitution, is the educational development of all | 4 | | persons to the limits of their capacities. When a school | 5 | | board faces governance difficulties, continued operation | 6 | | of the public school system is threatened. | 7 | | (2) Sound school board governance, academic | 8 | | achievement, and sound financial structure are essential | 9 | | to the continued operation of any school system. It is | 10 | | vital to commercial, educational, and cultural interests | 11 | | that public schools remain in operation. To achieve that | 12 | | goal, public school systems must have effective | 13 | | leadership. | 14 | | (3) To promote the sound operation of districts, as | 15 | | defined in this Section, it may be necessary to provide for | 16 | | the creation of independent authorities with the powers | 17 | | necessary to promote sound governance, sound academic | 18 | | planning, and sound financial management and to ensure the | 19 | | continued operation of the public schools. | 20 | | (4) It is the purpose of this Section to provide for a | 21 | | sound basis for the continued operation of public schools. | 22 | | The intention of the General Assembly, in creating this | 23 | | Section, is to establish procedures, provide powers, and | 24 | | impose restrictions to ensure the educational integrity of | 25 | | public school districts. | 26 | | (b) As used in this Section: |
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| 1 | | "Board" means a school board of a district. | 2 | | "Chairperson" means the Chairperson of the Independent | 3 | | Authority. | 4 | | "District" means any school district having a population of | 5 | | not more than 500,000. | 6 | | "State Board" means the State Board of Education. | 7 | | "State Superintendent" means the State Superintendent of | 8 | | Education. | 9 | | (c) The State Board has the power to direct the State | 10 | | Superintendent to remove a board. Boards may be removed when | 11 | | the criteria provided for in subsection (d) of this Section are | 12 | | met. | 13 | | If the State Board proposes to direct the State | 14 | | Superintendent to remove a board from a district, board members | 15 | | shall receive individual written notice of the intended | 16 | | removal. Written notice must be provided at least 30 calendar | 17 | | days before a hearing is held by the State Board. This notice | 18 | | shall identify the basis for proposed removal. | 19 | | Board members are entitled to a hearing, during which time | 20 | | each board member shall have the opportunity to respond | 21 | | individually, both orally and through written comments, to the | 22 | | basis laid out in the notice. Written comments must be | 23 | | submitted to the State Board on or before the hearing. | 24 | | Board members are entitled to be represented by counsel at | 25 | | the hearing, but counsel must not be paid with district funds, | 26 | | unless the State Board decides that the board will not be |
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| 1 | | removed and then the board members may be reimbursed for all | 2 | | reasonable attorney's fees by the district. | 3 | | The State Board shall make a final decision on removal | 4 | | immediately following the hearing or at its next regularly | 5 | | scheduled or special meeting. In no event may the decision be | 6 | | made later than the next regularly scheduled meeting. | 7 | | The State Board shall issue a final written decision. If | 8 | | the State Board directs the State Superintendent to remove the | 9 | | board, the State Superintendent shall do so within 30 days | 10 | | after the written decision. Following the removal of the board, | 11 | | the State Superintendent shall establish an Independent | 12 | | Authority pursuant to subsection (e) of this Section. | 13 | | If there is a financial oversight panel operating in the | 14 | | district pursuant to Article 1B or 1H of this Code, the State | 15 | | Board may, at its discretion, abolish the panel. | 16 | | (d) The State Board may require priority districts, as | 17 | | defined in subsection (b-5) of Section 2-3.25f of this Code, to | 18 | | seek accreditation through an independent accreditation | 19 | | organization chosen by the State Board and paid for by the | 20 | | State. The State Board may direct the State Superintendent to | 21 | | remove board members pursuant to subsection (c) of this Section | 22 | | in any district in which the district is unable to obtain | 23 | | accreditation in whole or in part due to reasons specifically | 24 | | related to school board governance. When determining if a | 25 | | district has failed to meet the standards for accreditation | 26 | | specifically related to school board governance, the |
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| 1 | | accreditation entity shall take into account the overall | 2 | | academic, fiscal, and operational condition of the district and | 3 | | consider whether the board has failed to protect district | 4 | | assets, to direct sound administrative and academic policy, to | 5 | | abide by basic governance principles, including those set forth | 6 | | in district policies, and to conduct itself with | 7 | | professionalism and care and in a legally, ethically, and | 8 | | financially responsible manner. When considering if a board has | 9 | | failed in these areas, the accreditation entity shall consider | 10 | | some or all of the following factors; however, (i) a board does | 11 | | not have to have engaged in any specific number of these | 12 | | factors nor does it have to have failed in all of the following | 13 | | areas in order to be removed and (ii) the accreditation entity | 14 | | does not have to make a finding as to each of these factors: | 15 | | (1) Failure to protect district assets by, without | 16 | | limitation, incidents of fiscal fraud or misappropriation | 17 | | of district funds; acts of neglecting the district's | 18 | | building conditions; a failure to meet regularly | 19 | | scheduled, payroll-period obligations when due; a failure | 20 | | to develop and implement a comprehensive, risk-management | 21 | | plan; a failure to provide financial information or | 22 | | cooperate with the State Superintendent; or a failure to | 23 | | file an annual financial report, an annual budget, a | 24 | | deficit reduction plan, or other financial information as | 25 | | required by law. | 26 | | (2) Failure to direct sound administrative and |
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| 1 | | academic policy by, without limitation, hiring staff who do | 2 | | not meet minimal certification requirements for the | 3 | | positions being filled or who do not meet the customary | 4 | | qualifications held by those occupying similar positions | 5 | | in other school districts; a failure to avoid conflicts of | 6 | | interest as it relates to hiring or other contractual | 7 | | obligations; a failure to abide by competitive bidding | 8 | | laws; a failure to abide by the Open Meetings Act and the | 9 | | Freedom of Information Act; or a failure to adopt and | 10 | | implement policies and practices that promote conditions | 11 | | that support student learning, effective instruction, and | 12 | | assessment that produce equitable and challenging learning | 13 | | experiences for all students. | 14 | | (3) Failure to abide by basic governance principles by, | 15 | | without limitation, a failure to adopt and abide by sound | 16 | | local governance policies; a failure to abide by the | 17 | | principle that official action by the board occurs only | 18 | | through a duly-called and legally conducted meeting of the | 19 | | board; a failure to ensure that board decisions and actions | 20 | | are in accordance with defined roles and responsibilities; | 21 | | or a failure of the board to protect, support, and respect | 22 | | the autonomy of a system to accomplish goals for | 23 | | improvement in student learning and instruction and to | 24 | | manage day-to-day operations of the school system and its | 25 | | schools, including maintaining the distinction between the | 26 | | board's roles and responsibilities and those of |
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| 1 | | administrative leadership. | 2 | | (4) Failure to conduct itself in a legally, ethically, | 3 | | and financially responsible manner by, without limitation, | 4 | | a failure to act in accordance with the Constitution of the | 5 | | United States of America and the Constitution of the State | 6 | | of Illinois and within the scope of State and federal laws; | 7 | | a failure to comply with all district policies and | 8 | | procedures and all State rules; or a failure to comply with | 9 | | the governmental entities provisions of the State | 10 | | Officials and Employees Ethics Act, including the gift ban | 11 | | and prohibited political activities provisions. | 12 | | (e) Upon removal of the board, the State Superintendent | 13 | | shall establish an Independent Authority. Upon establishment | 14 | | of an Independent Authority, there is established a body both | 15 | | corporate and politic to be known as the "(Name of the School | 16 | | District) Independent Authority", which in this name shall | 17 | | exercise all of the authority vested in an Independent | 18 | | Authority by this Section and by the name may sue and be sued | 19 | | in all courts and places where judicial proceedings are had. | 20 | | (f) Upon establishment of an Independent Authority under | 21 | | subsection (e) of this Section, the State Superintendent shall, | 22 | | within 30 working days thereafter and in consultation with | 23 | | State and locally elected officials, appoint 5 or 7 members to | 24 | | serve on an Independent Authority for the district. Members | 25 | | appointed to the Independent Authority shall serve at the | 26 | | pleasure of the State Superintendent. The State Superintendent |
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| 1 | | shall designate one of the members of the Independent Authority | 2 | | to serve as its chairperson. In the event of vacancy or | 3 | | resignation, the State Superintendent shall, within 15 | 4 | | workings days after receiving notice, appoint a successor to | 5 | | serve out that member's term. If the State Board has abolished | 6 | | a financial oversight panel pursuant to subsection (c) of this | 7 | | Section, the State Superintendent may appoint former members of | 8 | | the panel to the Independent Authority. These members may serve | 9 | | as part of the 5 or 7 members or may be appointed in addition to | 10 | | the 5 or 7 members, with the Independent Authority not to | 11 | | exceed 9 members in total. | 12 | | Members of the Independent Authority must be selected | 13 | | primarily on the basis of their experience and knowledge in | 14 | | education policy and governance, with consideration given to | 15 | | persons knowledgeable in the operation of a school district. A | 16 | | member of the Independent Authority must be a registered voter | 17 | | as provided in the general election law, must not be a school | 18 | | trustee, and must not be a child sex offender as defined in | 19 | | Section 11-9.3 of the Criminal Code of 2012. A majority of the | 20 | | members of the Independent Authority must be residents of the | 21 | | district that the Independent Authority serves. A member of the | 22 | | Independent Authority may not be an employee of the district, | 23 | | nor may a member have a direct financial interest in the | 24 | | district. | 25 | | Independent Authority members may be reimbursed by the | 26 | | district for travel if they live more than 25 miles away from |
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| 1 | | the district's headquarters and other necessary expenses | 2 | | incurred in the performance of their official duties. The | 3 | | amount reimbursed members for their expenses must be charged to | 4 | | the school district. | 5 | | With the exception of the Chairperson, the Independent | 6 | | Authority may elect such officers as it deems appropriate. | 7 | | The first meeting of the Independent Authority must be held | 8 | | at the call of the Chairperson. The Independent Authority shall | 9 | | prescribe the times and places for its meetings and the manner | 10 | | in which regular and special meetings may be called and shall | 11 | | comply with the Open Meetings Act. | 12 | | All Independent Authority members must complete the | 13 | | training required of school board members under Section 10-16a | 14 | | of this Code. | 15 | | (g) The purpose of the Independent Authority is to operate | 16 | | the district. The Independent Authority shall have all of the | 17 | | powers and duties of a board and all other powers necessary to | 18 | | meet its responsibilities and to carry out its purpose and the | 19 | | purposes of this Section and that may be requisite or proper | 20 | | for the maintenance, operation, and development of any school | 21 | | or schools under the jurisdiction of the Independent Authority. | 22 | | This grant of powers does not release an Independent Authority | 23 | | from any duty imposed upon it by this Code or any other law. | 24 | | The Independent Authority shall have no power to | 25 | | unilaterally cancel or modify any collective bargaining | 26 | | agreement in force upon the date of creation of the Independent |
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| 1 | | Authority. | 2 | | (h) The Independent Authority may prepare and file with the | 3 | | State Superintendent a proposal for emergency financial | 4 | | assistance for the school district and for the operations | 5 | | budget of the Independent Authority, in accordance with Section | 6 | | 1B-8 of this Code. A district may receive both a loan and a | 7 | | grant. | 8 | | (i) An election for board members must not be held in a | 9 | | district upon the establishment of an Independent Authority and | 10 | | is suspended until the next regularly scheduled school board | 11 | | election that takes place no less than 2 years following the | 12 | | establishment of the Independent Authority. For this first | 13 | | election, 3 school board members must be elected to serve out | 14 | | terms of 4 years and until successors are elected and have | 15 | | qualified. Members of the Independent Authority are eligible to | 16 | | run for election in the district, provided that they meet all | 17 | | other eligibility requirements of Section 10-10 of this Code. | 18 | | Following this election, the school board shall consist of the | 19 | | newly elected members and any remaining members of the | 20 | | Independent Authority. The majority of this board must be | 21 | | residents of the district. The State Superintendent must | 22 | | appoint new members who are residents to the Independent | 23 | | Authority if necessary to maintain this majority. At the next | 24 | | school board election, 4 school board members must be elected | 25 | | to serve out terms of 4 years and until successors are elected | 26 | | and have qualified. For purposes of these first 2 elections, |
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| 1 | | the school board members must be elected at-large. In districts | 2 | | where board members were previously elected using an | 3 | | alternative format pursuant to Article 9 of this Code, | 4 | | following these first 2 elections, the voting shall | 5 | | automatically revert back to the original form. Following the | 6 | | election, any remaining Independent Authority members shall | 7 | | serve in the district as an oversight panel until such time as | 8 | | the district meets the governance standards necessary to | 9 | | achieve accreditation. If some or all of the Independent | 10 | | Authority members have been elected to the board, the State | 11 | | Superintendent may, in his or her discretion, appoint new | 12 | | members to the Independent Authority pursuant to subsection (f) | 13 | | of this Section. The school board shall get approval of all | 14 | | actions by the Independent Authority during the time the | 15 | | Independent Authority serves as an oversight panel. | 16 | | Board members who were removed pursuant to subsection (c) | 17 | | of this Section are ineligible to run for school board in the | 18 | | district for 10 years following the abolition of the | 19 | | Independent Authority pursuant to subsection (l) of this | 20 | | Section. However, board members who were removed pursuant to | 21 | | subsection (c) of this Section and were appointed to the | 22 | | Independent Authority by the State Superintendent are eligible | 23 | | to run for school board in the district. | 24 | | (j) The Independent Authority, upon its members taking | 25 | | office and annually thereafter and upon request, shall prepare | 26 | | and submit to the State Superintendent a report on the state of |
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| 1 | | the district, including without limitation the academic | 2 | | improvement and financial situation of the district. This | 3 | | report must be submitted annually on or before March 1 of each | 4 | | year. The State Superintendent shall provide copies of any and | 5 | | all reports to the regional office of education for the | 6 | | district and to the State Senator and Representative | 7 | | representing the area where the district is located. | 8 | | (k) The district shall render such services to and permit | 9 | | the use of its facilities and resources by the Independent | 10 | | Authority at no charge as may be requested by the Independent | 11 | | Authority. Any State agency, unit of local government, or | 12 | | school district may, within its lawful powers and duties, | 13 | | render such services to the Independent Authority as may be | 14 | | requested by the Independent Authority. | 15 | | (l) An Independent Authority must be abolished when the | 16 | | district, following the election of the full board, meets the | 17 | | governance standards necessary to achieve accreditation status | 18 | | by an independent accreditation agency chosen by the State | 19 | | Board. The abolition of the Independent Authority shall be done | 20 | | by the State Board and take place within 30 days after the | 21 | | determination of the accreditation agency. | 22 | | Upon abolition of the Independent Authority, all powers and | 23 | | duties allowed by this Code to be exercised by a school board | 24 | | shall be transferred to the elected school board. | 25 | | (m) The Independent Authority must be indemnified through | 26 | | insurance purchased by the district. The district shall |
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| 1 | | purchase insurance through which the Independent Authority is | 2 | | to be indemnified. | 3 | | The district retains the duty to represent and to indemnify | 4 | | Independent Authority members following the abolition of the | 5 | | Independent Authority for any cause of action or remedy | 6 | | available against the Independent Authority, its members, its | 7 | | employees, or its agents for any right or claim existing or any | 8 | | liability incurred prior to the abolition. | 9 | | The insurance shall indemnify and protect districts, | 10 | | Independent Authority members, employees, volunteer personnel | 11 | | authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of | 12 | | this Code, mentors of certified or licensed staff as authorized | 13 | | in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of | 14 | | this Code, and student teachers against civil rights damage | 15 | | claims and suits, constitutional rights damage claims and | 16 | | suits, and death and bodily injury and property damage claims | 17 | | and suits, including defense thereof, when damages are sought | 18 | | for negligent or wrongful acts alleged to have been committed | 19 | | in the scope of employment, under the direction of the | 20 | | Independent Authority, or related to any mentoring services | 21 | | provided to certified or licensed staff of the district. Such | 22 | | indemnification and protection shall extend to persons who were | 23 | | members of an Independent Authority, employees of an | 24 | | Independent Authority, authorized volunteer personnel, mentors | 25 | | of certified or licensed staff, or student teachers at the time | 26 | | of the incident from which a claim arises. No agent may be |
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| 1 | | afforded indemnification or protection unless he or she was a | 2 | | member of an Independent Authority, an employee of an | 3 | | Independent Authority, an authorized volunteer, a mentor of | 4 | | certified or licensed staff, or a student teacher at the time | 5 | | of the incident from which the claim arises. | 6 | | (n) The State Board may adopt rules as may be necessary for | 7 | | the administration of this Section. | 8 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 9 | | Sec. 2-3.25g. Waiver or modification of mandates within the | 10 | | School
Code and administrative rules and regulations. | 11 | | (a) In this Section: | 12 | | "Board" means a school board or the governing board or | 13 | | administrative district, as the case may be, for a joint | 14 | | agreement. | 15 | | "Eligible applicant" means a school district, joint | 16 | | agreement made up of school districts, or regional | 17 | | superintendent of schools on behalf of schools and programs | 18 | | operated by the regional office of education.
| 19 | | "Implementation date" has the meaning set forth in | 20 | | Section 24A-2.5 of this Code. | 21 | | "State Board" means the State Board of Education.
| 22 | | (b) Notwithstanding any other
provisions of this School | 23 | | Code or any other law of this State to the
contrary, eligible | 24 | | applicants may petition the State Board of Education for the
| 25 | | waiver or modification of the mandates of this School Code or |
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| 1 | | of the
administrative rules and regulations promulgated by the | 2 | | State Board of
Education. Waivers or modifications of | 3 | | administrative rules and regulations
and modifications of | 4 | | mandates of this School Code may be requested when an eligible | 5 | | applicant demonstrates that it can address the intent of the | 6 | | rule or
mandate in a more effective, efficient, or economical | 7 | | manner or when necessary
to stimulate innovation or improve | 8 | | student performance. Waivers of
mandates of
the School Code may | 9 | | be requested when the waivers are necessary to stimulate
| 10 | | innovation or improve student performance. Waivers may not be | 11 | | requested
from laws, rules, and regulations pertaining to | 12 | | special education, teacher
certification, teacher tenure and | 13 | | seniority, or Section 5-2.1 of this Code or from compliance | 14 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | 15 | | Eligible applicants may not seek a waiver or seek a | 16 | | modification of a mandate regarding the requirements for (i) | 17 | | student performance data to be a significant factor in teacher | 18 | | or principal evaluations or (ii) for teachers and principals to | 19 | | be rated using the 4 categories of "excellent", "proficient", | 20 | | "needs improvement", or "unsatisfactory". On September 1, | 21 | | 2014, any previously authorized waiver or modification from | 22 | | such requirements shall terminate. | 23 | | (c) Eligible applicants, as a matter of inherent managerial | 24 | | policy, and any
Independent Authority established under | 25 | | Section 2-3.25f-5 of this Code 2-3.25f may submit an
| 26 | | application for a waiver or modification authorized under this |
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| 1 | | Section. Each
application must include a written request by the | 2 | | eligible applicant or
Independent Authority and must | 3 | | demonstrate that the intent of the mandate can
be addressed in | 4 | | a more effective, efficient, or economical manner
or be based
| 5 | | upon a specific plan for improved student performance and | 6 | | school improvement.
Any eligible applicant requesting a waiver | 7 | | or modification for the reason that intent
of the mandate can | 8 | | be addressed in a more economical manner shall include in
the | 9 | | application a fiscal analysis showing current expenditures on | 10 | | the mandate
and projected savings resulting from the waiver
or | 11 | | modification. Applications
and plans developed by eligible | 12 | | applicants must be approved by the board or regional | 13 | | superintendent of schools applying on behalf of schools or | 14 | | programs operated by the regional office of education following | 15 | | a public hearing on the application and plan and the
| 16 | | opportunity for the board or regional superintendent to hear | 17 | | testimony from staff
directly involved in
its implementation, | 18 | | parents, and students. The time period for such testimony shall | 19 | | be separate from the time period established by the eligible | 20 | | applicant for public comment on other matters. If the applicant | 21 | | is a school district or joint agreement requesting a waiver or | 22 | | modification of Section 27-6 of this Code, the public hearing | 23 | | shall be held on a day other than the day on which a regular | 24 | | meeting of the board is held. | 25 | | (c-5) If the applicant is a school district, then the | 26 | | district shall post information that sets forth the time, date, |
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| 1 | | place, and general subject matter of the public hearing on its | 2 | | Internet website at least 14 days prior to the hearing. If the | 3 | | district is requesting to increase the fee charged for driver | 4 | | education authorized pursuant to Section 27-24.2 of this Code, | 5 | | the website information shall include the proposed amount of | 6 | | the fee the district will request. All school districts must | 7 | | publish a notice of the public hearing at least 7 days prior to | 8 | | the hearing in a newspaper of general circulation within the | 9 | | school district that sets forth the time, date, place, and | 10 | | general subject matter of the hearing. Districts requesting to | 11 | | increase the fee charged for driver education shall include in | 12 | | the published notice the proposed amount of the fee the | 13 | | district will request. If the applicant is a joint agreement or | 14 | | regional superintendent, then the joint agreement or regional | 15 | | superintendent shall post information that sets forth the time, | 16 | | date, place, and general subject matter of the public hearing | 17 | | on its Internet website at least 14 days prior to the hearing. | 18 | | If the joint agreement or regional superintendent is requesting | 19 | | to increase the fee charged for driver education authorized | 20 | | pursuant to Section 27-24.2 of this Code, the website | 21 | | information shall include the proposed amount of the fee the | 22 | | applicant will request. All joint agreements and regional | 23 | | superintendents must publish a notice of the public hearing at | 24 | | least 7 days prior to the hearing in a newspaper of general | 25 | | circulation in each school district that is a member of the | 26 | | joint agreement or that is served by the educational service |
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| 1 | | region that sets forth the time, date, place, and general | 2 | | subject matter of the hearing, provided that a notice appearing | 3 | | in a newspaper generally circulated in more than one school | 4 | | district shall be deemed to fulfill this requirement with | 5 | | respect to all of the affected districts. Joint agreements or | 6 | | regional superintendents requesting to increase the fee | 7 | | charged for driver education shall include in the published | 8 | | notice the proposed amount of the fee the applicant will | 9 | | request. The
eligible applicant must notify in writing the | 10 | | affected exclusive collective
bargaining agent and those State | 11 | | legislators representing the eligible applicant's territory of
| 12 | | its
intent to seek approval of a
waiver or
modification and of | 13 | | the hearing to be held to take testimony from staff.
The | 14 | | affected exclusive collective bargaining agents shall be | 15 | | notified of such
public hearing at least 7 days prior to the | 16 | | date of the hearing and shall be
allowed to attend
such public | 17 | | hearing. The eligible applicant shall attest to compliance with | 18 | | all of
the notification and procedural requirements set forth | 19 | | in this Section. | 20 | | (d) A request for a waiver or modification of | 21 | | administrative rules and
regulations or for a modification of | 22 | | mandates contained in this School Code
shall be submitted to | 23 | | the State Board of Education within 15 days after
approval by | 24 | | the board or regional superintendent of schools. The | 25 | | application as submitted to the
State Board of Education shall | 26 | | include a description of the public hearing. Except with |
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| 1 | | respect to contracting for adaptive driver education, an | 2 | | eligible applicant wishing to request a modification or waiver | 3 | | of administrative rules of the State Board of Education | 4 | | regarding contracting with a commercial driver training school | 5 | | to provide the course of study authorized under Section 27-24.2 | 6 | | of this Code must provide evidence with its application that | 7 | | the commercial driver training school with which it will | 8 | | contract holds a license issued by the Secretary of State under | 9 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 10 | | each instructor employed by the commercial driver training | 11 | | school to provide instruction to students served by the school | 12 | | district holds a valid teaching certificate or teaching | 13 | | license, as applicable, issued under the requirements of this | 14 | | Code and rules of the State Board of Education. Such evidence | 15 | | must include, but need not be limited to, a list of each | 16 | | instructor assigned to teach students served by the school | 17 | | district, which list shall include the instructor's name, | 18 | | personal identification number as required by the State Board | 19 | | of Education, birth date, and driver's license number. If the | 20 | | modification or waiver is granted, then the eligible applicant | 21 | | shall notify the State Board of Education of any changes in the | 22 | | personnel providing instruction within 15 calendar days after | 23 | | an instructor leaves the program or a new instructor is hired. | 24 | | Such notification shall include the instructor's name, | 25 | | personal identification number as required by the State Board | 26 | | of Education, birth date, and driver's license number. If a |
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| 1 | | school district maintains an Internet website, then the | 2 | | district shall post a copy of the final contract between the | 3 | | district and the commercial driver training school on the | 4 | | district's Internet website. If no Internet website exists, | 5 | | then the district shall make available the contract upon | 6 | | request. A record of all materials in relation to the | 7 | | application for contracting must be maintained by the school | 8 | | district and made available to parents and guardians upon | 9 | | request. The instructor's date of birth and driver's license | 10 | | number and any other personally identifying information as | 11 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 12 | | must be redacted from any public materials.
Following receipt | 13 | | of the waiver or modification request, the
State Board shall | 14 | | have 45 days to review the application and request. If the
| 15 | | State Board fails to disapprove the application within that 45 | 16 | | day period, the
waiver or modification shall be deemed granted. | 17 | | The State Board
may disapprove
any request if it is not based | 18 | | upon sound educational practices, endangers the
health or | 19 | | safety of students or staff, compromises equal opportunities | 20 | | for
learning, or fails to demonstrate that the intent of the | 21 | | rule or mandate can be
addressed in a more effective, | 22 | | efficient, or economical manner or have improved
student | 23 | | performance as a primary goal. Any request disapproved by the | 24 | | State
Board may be appealed to the General Assembly by the | 25 | | eligible applicant
as outlined in this Section. | 26 | | A request for a waiver from mandates contained in this |
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| 1 | | School Code shall be
submitted to the State Board within 15 | 2 | | days after approval by the board or regional superintendent of | 3 | | schools.
The application as submitted to the State Board of | 4 | | Education
shall include a description of the public hearing. | 5 | | The description shall
include, but need not be limited to, the | 6 | | means of notice, the number of people
in attendance, the number | 7 | | of people who spoke as proponents or opponents of the
waiver, a | 8 | | brief description of their comments, and whether there were any
| 9 | | written statements submitted.
The State Board shall review the | 10 | | applications and requests for
completeness and shall compile | 11 | | the requests in reports to be filed with the
General Assembly.
| 12 | | The State Board shall file
reports outlining the waivers
| 13 | | requested by eligible applicants
and appeals by eligible | 14 | | applicants of requests
disapproved by the State Board with the | 15 | | Senate and the House of
Representatives before each March 1 and
| 16 | | October
1. The General Assembly may disapprove the report of | 17 | | the State Board in whole
or in part within 60 calendar days | 18 | | after each house of the General Assembly
next
convenes after | 19 | | the report is filed by adoption of a resolution by a record | 20 | | vote
of the majority of members elected in each house. If the | 21 | | General Assembly
fails to disapprove any waiver request or | 22 | | appealed request within such 60
day period, the waiver or | 23 | | modification shall be deemed granted. Any resolution
adopted by | 24 | | the General Assembly disapproving a report of the State Board | 25 | | in
whole or in part shall be binding on the State Board. | 26 | | (e) An approved waiver or modification (except a waiver |
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| 1 | | from or modification to a physical education mandate) may | 2 | | remain in effect for a period not to
exceed 5 school years and | 3 | | may be renewed upon application by the
eligible applicant. | 4 | | However, such waiver or modification may be changed within that
| 5 | | 5-year period by a board or regional superintendent of schools | 6 | | applying on behalf of schools or programs operated by the | 7 | | regional office of education following the procedure as set
| 8 | | forth in this Section for the initial waiver or modification | 9 | | request. If
neither the State Board of Education nor the | 10 | | General Assembly disapproves, the
change is deemed granted. | 11 | | An approved waiver from or modification to a physical | 12 | | education mandate may remain in effect for a period not to | 13 | | exceed 2 school years and may be renewed no more than 2 times | 14 | | upon application by the eligible applicant. An approved waiver | 15 | | from or modification to a physical education mandate may be | 16 | | changed within the 2-year period by the board or regional | 17 | | superintendent of schools, whichever is applicable, following | 18 | | the procedure set forth in this Section for the initial waiver | 19 | | or modification request. If neither the State Board of | 20 | | Education nor the General Assembly disapproves, the change is | 21 | | deemed granted.
| 22 | | (f) (Blank). | 23 | | (Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14.)
| 24 | | (105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
| 25 | | Sec. 2-3.25h. Technical assistance; State support |
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| 1 | | services. Schools, school districts, local
school councils, | 2 | | school improvement panels, and any Independent
Authority | 3 | | established under Section 2-3.25f-5 of this Code 2-3.25f may | 4 | | receive technical
assistance that the State Board of Education | 5 | | shall make
available. Such technical
assistance shall include | 6 | | without limitation assistance
in the areas of curriculum | 7 | | evaluation, the instructional process,
student performance, | 8 | | school environment, staff effectiveness,
school and community | 9 | | relations, parental involvement, resource
management, | 10 | | leadership, data analysis processes and tools, school
| 11 | | improvement plan guidance and
feedback, information regarding | 12 | | scientifically based research-proven curriculum
and | 13 | | instruction, and professional development opportunities for | 14 | | teachers and
administrators.
| 15 | | (Source: P.A. 93-470, eff. 8-8-03.)
| 16 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 17 | | Sec. 10-10. Board of education; term; vacancy. All school | 18 | | districts
having a population of not fewer than 1,000 and not | 19 | | more than 500,000
inhabitants, as ascertained by any special or | 20 | | general census, and not
governed by special Acts, shall be | 21 | | governed by a board of education
consisting of 7 members, | 22 | | serving without compensation except as herein
provided. Each | 23 | | member shall be elected for a term of 4 years for the initial | 24 | | members
of the board of education of a combined school district | 25 | | to which that
subsection applies. If 5 members are elected in |
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| 1 | | 1983 pursuant to the extension
of terms provided by
law for | 2 | | transition to the consolidated election schedule under the | 3 | | general
election law, 2 of those members shall be elected to | 4 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 5 | | 4 years; their successors shall
serve for a 4 year term. When | 6 | | the voters of a district have voted to elect
members of the | 7 | | board of education for 6 year terms, as provided in Section
| 8 | | 9-5, the terms of office of members of the board of education | 9 | | of that
district expire when their successors assume office but | 10 | | not later than 7
days after such election. If at the regular | 11 | | school election held in the
first odd-numbered year after the | 12 | | determination to elect members for 6 year
terms 2 members are | 13 | | elected, they shall serve for a 6 year term; and of the
members | 14 | | elected at the next regular school election 3 shall serve for a
| 15 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter | 16 | | members
elected in such districts shall be elected to a 6 year | 17 | | term. If at the
regular school election held in the first | 18 | | odd-numbered year after the
determination to elect members for | 19 | | 6 year terms 3 members are elected, they
shall serve for a 6 | 20 | | year term; and of the members elected at the next
regular | 21 | | school election 2 shall serve for a term of 2 years and 2 shall
| 22 | | serve for a term of 6 years. Thereafter members elected in such | 23 | | districts
shall be elected to a 6 year term. If at the regular | 24 | | school election held
in the first odd-numbered year after the | 25 | | determination to elect members for
6 year terms 4 members are | 26 | | elected, 3 shall serve for a term of 6 years and
one shall |
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| 1 | | serve for a term of 2 years; and of the members elected at the
| 2 | | next regular school election 2 shall serve for terms of 6 years | 3 | | and 2 shall
serve for terms of 2 years. Thereafter members | 4 | | elected in such districts
shall be elected to a 6 year term. If | 5 | | at the regular school election held
in the first odd-numbered | 6 | | year after the determination to elect members for
a 6 year term | 7 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 8 | | shall serve for a term of 2 years; and of the members elected | 9 | | at the
next regular school election 2 shall serve for terms of | 10 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 11 | | members elected in such districts
shall be elected to a 6 year | 12 | | term. An election for board members shall not
be held in school | 13 | | districts which by consolidation, annexation or otherwise
| 14 | | shall cease to exist as a school district within 6 months after | 15 | | the
election date, and the term of all board members which | 16 | | would otherwise
terminate shall be continued until such | 17 | | district shall cease to exist. Each
member, on the date of his | 18 | | or her election, shall be a
citizen of the United
States of the | 19 | | age of 18 years or over, shall be a resident of the State and
| 20 | | the
territory of the district for at least one year immediately | 21 | | preceding his or
her
election, shall be a registered voter as | 22 | | provided in the general election
law,
shall not be a school | 23 | | trustee, must not have been removed from a school board | 24 | | pursuant to Section 2-3.25f-5 of this Code (unless subsequently | 25 | | appointed as a member of an Independent Authority or if it has | 26 | | been 10 years since the abolition of the Independent Authority |
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| 1 | | in the district), and shall not be a child
sex offender as | 2 | | defined in Section 11-9.3 of the
Criminal Code of 2012. When | 3 | | the board of
education is the successor of the school | 4 | | directors, all rights of property,
and all rights regarding | 5 | | causes of action existing or vested in such
directors, shall | 6 | | vest in it as fully as they were vested in the school
| 7 | | directors. Terms of members are subject to Section 2A-54 of the | 8 | | Election Code.
| 9 | | Nomination papers filed under this Section are not valid | 10 | | unless the candidate
named therein files with the county clerk | 11 | | or the county board of election commissioners, as the case may | 12 | | be, of the county in which the principal office of the school | 13 | | district is located a receipt
from the county clerk showing | 14 | | that the candidate has filed a statement of
economic interests | 15 | | as required by the Illinois Governmental Ethics Act.
Such | 16 | | receipt shall be so filed either previously during the calendar | 17 | | year
in which his nomination papers were filed or within the | 18 | | period for the filing
of nomination papers in accordance with | 19 | | the general election law.
| 20 | | Whenever a vacancy occurs, the remaining members shall | 21 | | notify the
regional superintendent of that vacancy within 5 | 22 | | days after its occurrence
and shall proceed to fill the vacancy | 23 | | until the next regular school
election, at which election a | 24 | | successor shall be elected to serve the
remainder of the | 25 | | unexpired term. However, if the vacancy occurs with less
than | 26 | | 868 days remaining in the term, or if the vacancy occurs
less |
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| 1 | | than 88
days before the next regularly scheduled election for | 2 | | this office then the
person so appointed shall serve the | 3 | | remainder of the unexpired term, and no
election to fill the | 4 | | vacancy shall be held. Should they fail so to
act, within 45 | 5 | | days after the vacancy occurs, the regional superintendent
of | 6 | | schools under whose supervision and control the district is | 7 | | operating,
as defined in Section 3-14.2 of this Act, shall | 8 | | within 30 days after the
remaining members have failed to fill | 9 | | the vacancy, fill the vacancy as
provided for herein. Upon the | 10 | | regional superintendent's failure to fill the
vacancy, the | 11 | | vacancy shall be filled at the next regularly scheduled
| 12 | | election. Whether elected or appointed by the remaining members | 13 | | or regional
superintendent, the successor shall be an | 14 | | inhabitant of the particular area
from which his or her | 15 | | predecessor was elected if the residential requirements
| 16 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 17 | | A board of education may appoint a student to the board to | 18 | | serve in an advisory capacity. The student member shall serve | 19 | | for a term as determined by the board. The board may not grant | 20 | | the student member any voting privileges, but shall consider | 21 | | the student member as an advisor. The student member may not | 22 | | participate in or attend any executive session of the board.
| 23 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13.)
| 24 | | Section 7. The Illinois Educational Labor Relations Act is | 25 | | amended by changing Section 2 as follows:
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| 1 | | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| 2 | | Sec. 2. Definitions. As used in this Act:
| 3 | | (a) "Educational employer"
or "employer" means the | 4 | | governing body of a public school district, including the | 5 | | governing body of a charter school established under Article | 6 | | 27A of the School Code or of a contract school or contract | 7 | | turnaround school established under paragraph 30 of Section | 8 | | 34-18 of the School Code, combination
of public school | 9 | | districts, including the governing body of joint agreements
of | 10 | | any type formed by 2 or more school districts, public community | 11 | | college
district or State college or university, a | 12 | | subcontractor of instructional services of a school district | 13 | | (other than a school district organized under Article 34 of the | 14 | | School Code), combination of school districts, charter school | 15 | | established under Article 27A of the School Code, or contract | 16 | | school or contract turnaround school established under | 17 | | paragraph 30 of Section 34-18 of the School Code, an | 18 | | Independent Authority created under Section 2-3.25f-5 of the | 19 | | School Code, and any State agency whose major
function is | 20 | | providing educational services.
"Educational employer" or | 21 | | "employer" does not include (1) a Financial Oversight
Panel | 22 | | created pursuant to Section 1A-8 of the School Code due to a
| 23 | | district
violating a financial plan or (2) an approved | 24 | | nonpublic special education facility that contracts with a | 25 | | school district or combination of school districts to provide |
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| 1 | | special education services pursuant to Section 14-7.02 of the | 2 | | School Code, but does include a School Finance Authority
| 3 | | created
under Article 1E or 1F of the School Code and a | 4 | | Financial Oversight Panel created under Article 1B or 1H of the | 5 | | School Code. The change made by this amendatory Act of the 96th | 6 | | General Assembly to this paragraph (a) to make clear that the | 7 | | governing body of a charter school is an "educational employer" | 8 | | is declaratory of existing law.
| 9 | | (b) "Educational employee" or "employee" means any | 10 | | individual, excluding
supervisors, managerial, confidential, | 11 | | short term employees, student, and
part-time academic | 12 | | employees of community colleges employed full or part
time by | 13 | | an educational employer, but shall not include elected | 14 | | officials
and appointees of the Governor with the advice and | 15 | | consent of the Senate,
firefighters as defined by subsection | 16 | | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | 17 | | and peace officers employed by a State
university. For the | 18 | | purposes of this Act, part-time
academic employees of community | 19 | | colleges shall be defined as those
employees who provide less | 20 | | than 3 credit hours of instruction per
academic
semester. In | 21 | | this subsection (b), the term "student"
includes graduate | 22 | | students who are research assistants primarily
performing | 23 | | duties that involve research or graduate assistants primarily
| 24 | | performing duties that are pre-professional, but excludes | 25 | | graduate
students who are teaching assistants primarily | 26 | | performing duties that
involve the delivery and support of |
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| 1 | | instruction and all other graduate
assistants.
| 2 | | (c) "Employee organization" or "labor organization" means | 3 | | an organization
of any kind in which membership includes | 4 | | educational employees, and which
exists for the purpose, in | 5 | | whole or in part, of dealing with employers
concerning | 6 | | grievances, employee-employer disputes, wages, rates of pay,
| 7 | | hours of employment, or conditions of work, but shall not | 8 | | include any
organization which practices discrimination in | 9 | | membership because of race,
color, creed, age, gender, national | 10 | | origin or political affiliation.
| 11 | | (d) "Exclusive representative" means the labor | 12 | | organization which has
been designated by the Illinois | 13 | | Educational Labor Relations Board as the
representative of the | 14 | | majority of educational employees in an appropriate
unit, or | 15 | | recognized by an educational employer prior to January 1, 1984 | 16 | | as
the exclusive representative of the employees in an | 17 | | appropriate unit or,
after January 1, 1984, recognized by an | 18 | | employer upon evidence that the
employee organization has been | 19 | | designated as the exclusive representative
by a majority of the | 20 | | employees in an appropriate unit.
| 21 | | (e) "Board" means the Illinois Educational Labor Relations | 22 | | Board.
| 23 | | (f) "Regional Superintendent" means the regional | 24 | | superintendent of
schools provided for in Articles 3 and 3A of | 25 | | The School Code.
| 26 | | (g) "Supervisor" means any individual having authority in |
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| 1 | | the interests
of the employer to hire, transfer, suspend, lay | 2 | | off, recall, promote,
discharge, reward or discipline other | 3 | | employees within the appropriate
bargaining unit and adjust | 4 | | their grievances, or to effectively recommend
such action if | 5 | | the exercise of such authority is not of a merely routine or
| 6 | | clerical nature but requires the use of independent judgment. | 7 | | The term
"supervisor" includes only those individuals who | 8 | | devote a preponderance of
their employment time to such | 9 | | exercising authority.
| 10 | | (h) "Unfair labor practice" or "unfair practice" means any | 11 | | practice
prohibited by Section 14 of this Act.
| 12 | | (i) "Person" includes an individual, educational employee, | 13 | | educational
employer, legal representative, or employee | 14 | | organization.
| 15 | | (j) "Wages" means salaries or other forms of compensation | 16 | | for services
rendered.
| 17 | | (k) "Professional employee" means, in the case of a public | 18 | | community
college, State college or university, State agency | 19 | | whose major function is
providing educational services, the | 20 | | Illinois School for the Deaf, and the
Illinois School for the | 21 | | Visually Impaired, (1) any employee engaged in work
(i) | 22 | | predominantly intellectual and varied in character as opposed | 23 | | to
routine mental, manual, mechanical, or physical work; (ii) | 24 | | involving the
consistent exercise of discretion and judgment in | 25 | | its performance; (iii) of
such character that the output | 26 | | produced or the result accomplished cannot
be standardized in |
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| 1 | | relation to a given period of time; and (iv) requiring
| 2 | | knowledge of an advanced type in a field of science or learning | 3 | | customarily
acquired by a prolonged course of specialized | 4 | | intellectual instruction and
study in an institution of higher | 5 | | learning or a hospital, as distinguished
from a general | 6 | | academic education or from an apprenticeship or from training
| 7 | | in the performance of routine mental, manual, or physical | 8 | | processes; or
(2) any employee, who (i) has completed the | 9 | | courses of specialized
intellectual instruction and study | 10 | | described in clause (iv) of paragraph
(1) of this subsection, | 11 | | and (ii) is performing related work under the
supervision of a | 12 | | professional person to qualify himself or herself to
become a | 13 | | professional as defined in paragraph (l).
| 14 | | (l) "Professional employee" means, in the case of any | 15 | | public school
district, or combination of school districts | 16 | | pursuant to joint agreement,
any employee who has a certificate | 17 | | issued under Article 21 or Section 34-83
of the School Code, as | 18 | | now or hereafter amended.
| 19 | | (m) "Unit" or "bargaining unit" means any group of | 20 | | employees for which
an exclusive representative is selected.
| 21 | | (n) "Confidential employee" means an employee, who (i) in | 22 | | the regular
course of his or her duties, assists and acts in a | 23 | | confidential capacity to
persons who formulate, determine and | 24 | | effectuate management policies with
regard to labor relations | 25 | | or who (ii) in the regular course of his or her
duties has | 26 | | access to information relating to the effectuation or review of
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| 1 | | the employer's collective bargaining policies.
| 2 | | (o) "Managerial employee" means an individual who is | 3 | | engaged
predominantly in executive and management functions | 4 | | and is charged with the
responsibility of directing the | 5 | | effectuation of such management policies and
practices.
| 6 | | (p) "Craft employee" means a skilled journeyman, craft | 7 | | person, and his
or her apprentice or helper.
| 8 | | (q) "Short-term employee" is an employee who is employed | 9 | | for less than
2 consecutive calendar quarters during a calendar | 10 | | year and who does not
have a reasonable expectation that he or | 11 | | she will be rehired by the same
employer for the same service | 12 | | in a subsequent calendar year. Nothing in
this subsection shall | 13 | | affect the employee status of individuals who were
covered by a | 14 | | collective bargaining agreement on the effective date of this
| 15 | | amendatory Act of 1991.
| 16 | | (Source: P.A. 96-104, eff. 1-1-10; 97-429, eff. 8-16-11.)
| 17 | | (105 ILCS 5/3-14.28 rep.) | 18 | | Section 10. The School Code is amended by repealing Section | 19 | | 3-14.28.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 105 ILCS 5/2-3.25d | from Ch. 122, par. 2-3.25d | | 4 | | 105 ILCS 5/2-3.25e-5 new | | | 5 | | 105 ILCS 5/2-3.25f | from Ch. 122, par. 2-3.25f | | 6 | | 105 ILCS 5/2-3.25f-5 new | | | 7 | | 105 ILCS 5/2-3.25g | from Ch. 122, par. 2-3.25g | | 8 | | 105 ILCS 5/2-3.25h | from Ch. 122, par. 2-3.25h | | 9 | | 105 ILCS 5/10-10 | from Ch. 122, par. 10-10 | | 10 | | 115 ILCS 5/2 | from Ch. 48, par. 1702 | | 11 | | 105 ILCS 5/3-14.28 rep. | |
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