Full Text of SB2340 98th General Assembly
SB2340eng 98TH GENERAL ASSEMBLY |
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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 | | Section 2-3.25f-5 as follows:
| 7 | | (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
| 8 | | Sec. 2-3.25d. Academic early warning and watch status.
| 9 | | (a) Beginning with the 2005-2006 school year, unless the | 10 | | federal government formally disapproves of such policy through | 11 | | the submission and review process for the Illinois | 12 | | Accountability Workbook, those
schools that do not meet | 13 | | adequate yearly progress criteria for 2 consecutive annual
| 14 | | calculations in the same subject or in their participation | 15 | | rate, attendance rate, or graduation rate
shall be placed on | 16 | | academic early warning status for the next school year.
Schools | 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 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
| 14 | | Sec. 2-3.25f. State interventions.
| 15 | | (a) The State Board of Education shall provide technical
| 16 | | assistance to assist with the development and implementation of | 17 | | School and District Improvement Plans.
| 18 | | Schools or school districts that fail to make reasonable | 19 | | efforts to
implement an
approved Improvement Plan may suffer | 20 | | loss of State funds by school
district, attendance center, or | 21 | | program as the State Board of Education
deems appropriate.
| 22 | | (a-5) In this subsection (a-5), "school" means any of the | 23 | | following named public schools or their successor name: | 24 | | (1) Dirksen Middle School in Dolton School District | 25 | | 149. |
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| 1 | | (2) Diekman Elementary School in Dolton School | 2 | | District 149. | 3 | | (3) Caroline Sibley Elementary School in Dolton School | 4 | | District 149. | 5 | | (4) Berger-Vandenberg Elementary School in Dolton | 6 | | School District 149. | 7 | | (5) Carol Moseley Braun School in Dolton School | 8 | | District 149. | 9 | | (6) New Beginnings Learning Academy in Dolton School | 10 | | District 149. | 11 | | (7) McKinley Junior High School in South Holland School | 12 | | District 150. | 13 | | (8) Greenwood Elementary School in South Holland | 14 | | School District 150. | 15 | | (9) McKinley Elementary School in South Holland School | 16 | | District 150. | 17 | | (10) Eisenhower School in South Holland School | 18 | | District 151. | 19 | | (11) Madison School in South Holland School District | 20 | | 151. | 21 | | (12) Taft School in South Holland School District 151. | 22 | | (13) Wolcott School in Thornton School District 154. | 23 | | (14) Memorial Junior High School in Lansing School | 24 | | District 158. | 25 | | (15) Oak Glen Elementary School in Lansing School | 26 | | District 158. |
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| 1 | | (16) Lester Crawl Primary Center in Lansing School | 2 | | District 158. | 3 | | (17) Brookwood Junior High School in Brookwood School | 4 | | District 167. | 5 | | (18) Brookwood Middle School in Brookwood School | 6 | | District 167. | 7 | | (19) Hickory Bend Elementary School in Brookwood | 8 | | School District 167. | 9 | | (20) Medgar Evers Primary Academic Center in Ford | 10 | | Heights School District 169. | 11 | | (21) Nathan Hale Elementary School in Sunnybrook | 12 | | School District 171. | 13 | | (22) Ira F. Aldridge Elementary School in City of | 14 | | Chicago School District 299. | 15 | | (23) William E.B. DuBois Elementary School in City of | 16 | | Chicago School District 299. | 17 | | If, after 2 years following its placement on academic watch | 18 | | status, a school remains on academic watch status, then, | 19 | | subject to federal appropriation money being available, the | 20 | | State Board of Education shall allow the school board to opt in | 21 | | the process of operating that school on a pilot full-year | 22 | | school plan approved by the State Board of Education upon | 23 | | expiration of its teachers' current collective bargaining | 24 | | agreement until the expiration of the next collective | 25 | | bargaining agreement. A school board must notify the State | 26 | | Board of Education of its intent to opt in the process of |
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| 1 | | operating a school on a pilot full-year school plan. | 2 | | (b) In addition, if after 3 years following its placement | 3 | | on
academic
watch status a school district or school remains on
| 4 | | academic watch status, the
State Board of Education may shall | 5 | | take one of the following actions for the
district specified | 6 | | under Section 2-3.25f-5 of this Code or
school:
(1) The State | 7 | | Board of Education may authorize the State
Superintendent
of | 8 | | Education to direct the regional superintendent of schools to | 9 | | remove
school board members pursuant to Section 3-14.28 of this | 10 | | Code. Prior
to such direction the State Board of Education | 11 | | shall permit members of the
local board of education to present | 12 | | written and oral comments to the State
Board of Education. The | 13 | | State Board of Education may direct the State
Superintendent of | 14 | | Education to appoint an Independent Authority that shall
| 15 | | exercise such powers and duties as may be necessary to operate | 16 | | a school or
school district for purposes of improving pupil | 17 | | performance and school
improvement. The State Superintendent | 18 | | of Education shall designate one
member of the Independent | 19 | | Authority to serve as chairman. The Independent
Authority shall | 20 | | serve for a period of time specified by the State Board of
| 21 | | Education upon the recommendation of the State Superintendent | 22 | | of
Education.
(2) The State Board of Education may (i) (A)
| 23 | | change the recognition status of the school district or school | 24 | | to
nonrecognized , or (ii) (B) authorize the State | 25 | | Superintendent
of Education to direct the reassignment of | 26 | | pupils
or direct the reassignment or replacement of school |
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| 1 | | district personnel who
are relevant to the
failure
to
meet | 2 | | adequate yearly progress criteria. If
a school district is | 3 | | nonrecognized in its entirety, it shall automatically
be | 4 | | dissolved on July 1 following that nonrecognition and its | 5 | | territory
realigned with another school district or districts | 6 | | by the regional board
of school trustees in accordance with the | 7 | | procedures set forth in Section
7-11 of the School Code. The | 8 | | effective date of the nonrecognition of a school
shall be July | 9 | | 1 following the nonrecognition.
| 10 | | (c) All federal requirements apply to schools and school | 11 | | districts
utilizing
federal funds under Title I, Part A of the | 12 | | federal Elementary and Secondary
Education Act of 1965.
| 13 | | (Source: P.A. 97-370, eff. 1-1-12.)
| 14 | | (105 ILCS 5/2-3.25f-5 new) | 15 | | Sec. 2-3.25f-5. Independent Authority. | 16 | | (a) The General Assembly finds all of the following: | 17 | | (1) A fundamental goal of the people of this State, as | 18 | | expressed in Section 1 of Article X of the Illinois | 19 | | Constitution, is the educational development of all | 20 | | persons to the limits of their capacities. When a school | 21 | | board faces governance difficulties, continued operation | 22 | | of the public school system is threatened. | 23 | | (2) Sound school board governance, academic | 24 | | achievement, and sound financial structure are essential | 25 | | to the continued operation of any school system. It is |
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| 1 | | vital to commercial, educational, and cultural interests | 2 | | that public schools remain in operation. To achieve that | 3 | | goal, public school systems must have effective | 4 | | leadership. | 5 | | (3) To promote the sound operation of districts, as | 6 | | defined in this Section, it may be necessary to provide for | 7 | | the creation of independent authorities with the powers | 8 | | necessary to promote sound governance, sound academic | 9 | | planning, and sound financial management and to ensure the | 10 | | continued operation of the public schools. | 11 | | (4) It is the purpose of this Section to provide for a | 12 | | sound basis for the continued operation of public schools. | 13 | | The intention of the General Assembly, in creating this | 14 | | Section, is to establish procedures, provide powers, and | 15 | | impose restrictions to ensure the educational integrity of | 16 | | public school districts. | 17 | | (b) As used in this Section: | 18 | | "Board" means a school board of a district. | 19 | | "Chairperson" means the Chairperson of the Independent | 20 | | Authority. | 21 | | "District" means any school district having a population of | 22 | | not more than 500,000. | 23 | | "State Board" means the State Board of Education. | 24 | | "State Superintendent" means the State Superintendent of | 25 | | Education. | 26 | | (c) The State Board has the power to direct the State |
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| 1 | | Superintendent to remove a board. Boards may be removed when | 2 | | the criteria provided for in subsection (d) of this Section are | 3 | | met. | 4 | | If the State Board proposes to direct the State | 5 | | Superintendent to remove a board from a district, board members | 6 | | shall receive individual written notice of the intended | 7 | | removal. Written notice must be provided at least 30 calendar | 8 | | days before a hearing is held by the State Board. This notice | 9 | | shall identify the basis for proposed removal. | 10 | | Board members are entitled to a hearing, during which time | 11 | | each board member shall have the opportunity to respond | 12 | | individually, both orally and through written comments, to the | 13 | | basis laid out in the notice. Written comments must be | 14 | | submitted to the State Board on or before the hearing. | 15 | | Board members are entitled to be represented by counsel at | 16 | | the hearing, but counsel must not be paid with district funds, | 17 | | unless the State Board decides that the board will not be | 18 | | removed and then the board members may be reimbursed for all | 19 | | reasonable attorney's fees by the district. | 20 | | The State Board shall make a final decision on removal | 21 | | immediately following the hearing or at its next regularly | 22 | | scheduled or special meeting. In no event may the decision be | 23 | | made later than the next regularly scheduled meeting. | 24 | | The State Board shall issue a final written decision. If | 25 | | the State Board directs the State Superintendent to remove the | 26 | | board, the State Superintendent shall do so within 30 days |
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| 1 | | after the written decision. Following the removal of the board, | 2 | | the State Superintendent shall establish an Independent | 3 | | Authority pursuant to subsection (e) of this Section. | 4 | | If there is a financial oversight panel operating in the | 5 | | district pursuant to Article 1B or 1H of this Code, the State | 6 | | Board may, at its discretion, abolish the panel. | 7 | | (d) The State Board shall require districts that have been | 8 | | on academic watch status for 3 years or more and that are | 9 | | within the lowest 5% in terms of performance in this State, as | 10 | | determined by the State Superintendent, to seek accreditation | 11 | | through an independent accreditation organization chosen by | 12 | | the State Board and paid for by the State. The State Board may | 13 | | direct the State Superintendent to remove board members | 14 | | pursuant to subsection (c) of this Section in any district in | 15 | | which the district is unable to obtain accreditation in whole | 16 | | or in part due to reasons specifically related to school board | 17 | | governance. When determining if a district has failed to meet | 18 | | the standards for accreditation specifically related to school | 19 | | board governance, the accreditation entity shall take into | 20 | | account the overall academic, fiscal, and operational | 21 | | condition of the district and consider whether the board has | 22 | | failed to protect district assets, to direct sound | 23 | | administrative and academic policy, to abide by basic | 24 | | governance principles, including those set forth in district | 25 | | policies, and to conduct itself with professionalism and care | 26 | | and in a legally, ethically, and financially responsible |
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| 1 | | manner. When considering if a board has failed in these areas, | 2 | | the accreditation entity shall consider some or all of the | 3 | | following factors; however, (i) a board does not have to have | 4 | | engaged in any specific number of these factors nor does it | 5 | | have to have failed in all of the following areas in order to | 6 | | be removed and (ii) the accreditation entity does not have to | 7 | | make a finding as to each of these factors: | 8 | | (1) Failure to protect district assets by, without | 9 | | limitation, incidents of fiscal fraud or misappropriation | 10 | | of district funds; acts of neglecting the district's | 11 | | building conditions; a failure to meet regularly | 12 | | scheduled, payroll-period obligations when due; a failure | 13 | | to develop and implement a comprehensive, risk-management | 14 | | plan; a failure to provide financial information or | 15 | | cooperate with the State Superintendent; or a failure to | 16 | | file an annual financial report, an annual budget, a | 17 | | deficit reduction plan, or other financial information as | 18 | | required by law. | 19 | | (2) Failure to direct sound administrative and | 20 | | academic policy by, without limitation, hiring staff who do | 21 | | not meet minimal certification requirements for the | 22 | | positions being filled or who do not meet the customary | 23 | | qualifications held by those occupying similar positions | 24 | | in other school districts; a failure to avoid conflicts of | 25 | | interest as it relates to hiring or other contractual | 26 | | obligations; a failure to abide by competitive bidding |
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| 1 | | laws; a failure to abide by the Open Meetings Act and the | 2 | | Freedom of Information Act; or a failure to adopt and | 3 | | implement policies and practices that promote conditions | 4 | | that support student learning, effective instruction, and | 5 | | assessment that produce equitable and challenging learning | 6 | | experiences for all students. | 7 | | (3) Failure to abide by basic governance principles by, | 8 | | without limitation, a failure to adopt and abide by sound | 9 | | local governance policies; a failure to abide by the | 10 | | principle that official action by the board occurs only | 11 | | through a duly-called and legally conducted meeting of the | 12 | | board; a failure to ensure that board decisions and actions | 13 | | are in accordance with defined roles and responsibilities; | 14 | | or a failure of the board to protect, support, and respect | 15 | | the autonomy of a system to accomplish goals for | 16 | | improvement in student learning and instruction and to | 17 | | manage day-to-day operations of the school system and its | 18 | | schools, including maintaining the distinction between the | 19 | | board's roles and responsibilities and those of | 20 | | administrative leadership. | 21 | | (4) Failure to conduct itself in a legally, ethically, | 22 | | and financially responsible manner by, without limitation, | 23 | | a failure to act in accordance with the Constitution of the | 24 | | United States of America and the Constitution of the State | 25 | | of Illinois and within the scope of State and federal laws; | 26 | | a failure to comply with all district policies and |
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| 1 | | procedures and all State rules; or a failure to comply with | 2 | | the governmental entities provisions of the State | 3 | | Officials and Employees Ethics Act, including the gift ban | 4 | | and prohibited political activities provisions. | 5 | | (e) Upon removal of the board, the State Superintendent | 6 | | shall establish an Independent Authority. Upon establishment | 7 | | of an Independent Authority, there is established a body both | 8 | | corporate and politic to be known as the "(Name of the School | 9 | | District) Independent Authority", which in this name shall | 10 | | exercise all of the authority vested in an Independent | 11 | | Authority by this Section and by the name may sue and be sued | 12 | | in all courts and places where judicial proceedings are had. | 13 | | (f) Upon establishment of an Independent Authority under | 14 | | subsection (e) of this Section, the State Superintendent shall, | 15 | | within 30 working days thereafter and in consultation with | 16 | | State and locally elected officials, appoint 5 or 7 members to | 17 | | serve on an Independent Authority for the district. Members | 18 | | appointed to the Independent Authority shall serve at the | 19 | | pleasure of the State Superintendent. The State Superintendent | 20 | | shall designate one of the members of the Independent Authority | 21 | | to serve as its chairperson. In the event of vacancy or | 22 | | resignation, the State Superintendent shall, within 15 | 23 | | workings days after receiving notice, appoint a successor to | 24 | | serve out that member's term. If the State Board has abolished | 25 | | a financial oversight panel pursuant to subsection (c) of this | 26 | | Section, the State Superintendent may appoint former members of |
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| 1 | | the panel to the Independent Authority. These members may serve | 2 | | as part of the 5 or 7 members or may be appointed in addition to | 3 | | the 5 or 7 members, with the Independent Authority not to | 4 | | exceed 9 members in total. | 5 | | Members of the Independent Authority must be selected | 6 | | primarily on the basis of their experience and knowledge in | 7 | | education policy and governance, with consideration given to | 8 | | persons knowledgeable in the operation of a school district. A | 9 | | member of the Independent Authority must be a registered voter | 10 | | as provided in the general election law, must not be a school | 11 | | trustee, and must not be a child sex offender as defined in | 12 | | Section 11-9.3 of the Criminal Code of 2012. A majority of the | 13 | | members of the Independent Authority must be residents of the | 14 | | district that the Independent Authority serves. A member of the | 15 | | Independent Authority may not be an employee of the district, | 16 | | nor may a member have a direct financial interest in the | 17 | | district. | 18 | | Independent Authority members may be reimbursed by the | 19 | | district for travel if they live more than 25 miles away from | 20 | | the district's headquarters and other necessary expenses | 21 | | incurred in the performance of their official duties. The | 22 | | amount reimbursed members for their expenses must be charged to | 23 | | the school district. | 24 | | With the exception of the Chairperson, the Independent | 25 | | Authority may elect such officers as it deems appropriate. | 26 | | The first meeting of the Independent Authority must be held |
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| 1 | | at the call of the Chairperson. The Independent Authority shall | 2 | | prescribe the times and places for its meetings and the manner | 3 | | in which regular and special meetings may be called and shall | 4 | | comply with the Open Meetings Act. | 5 | | All Independent Authority members must complete the | 6 | | training required of school board members under Section 10-16a | 7 | | of this Code. | 8 | | (g) The purpose of the Independent Authority is to operate | 9 | | the district. The Independent Authority shall have all of the | 10 | | powers and duties of a board and all other powers necessary to | 11 | | meet its responsibilities and to carry out its purpose and the | 12 | | purposes of this Section and that may be requisite or proper | 13 | | for the maintenance, operation, and development of any school | 14 | | or schools under the jurisdiction of the Independent Authority. | 15 | | This grant of powers does not release an Independent Authority | 16 | | from any duty imposed upon it by this Code or any other law. | 17 | | The Independent Authority shall have no power to | 18 | | unilaterally cancel or modify any collective bargaining | 19 | | agreement in force upon the date of creation of the Independent | 20 | | Authority. | 21 | | (h) The Independent Authority may prepare and file with the | 22 | | State Superintendent a proposal for emergency financial | 23 | | assistance for the school district and for the operations | 24 | | budget of the Independent Authority, in accordance with Section | 25 | | 1B-8 of this Code. A district may receive both a loan and a | 26 | | grant. |
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| 1 | | (i) An election for board members must not be held in a | 2 | | district upon the establishment of an Independent Authority and | 3 | | is suspended until the next regularly scheduled school board | 4 | | election that takes place no less than 2 years following the | 5 | | establishment of the Independent Authority. For this first | 6 | | election, 3 school board members must be elected to serve out | 7 | | terms of 4 years and until successors are elected and have | 8 | | qualified. Members of the Independent Authority are eligible to | 9 | | run for election in the district, provided that they meet all | 10 | | other eligibility requirements of Section 10-10 of this Code. | 11 | | Following this election, the school board shall consist of the | 12 | | newly elected members and any remaining members of the | 13 | | Independent Authority. The majority of this board must be | 14 | | residents of the district. The State Superintendent must | 15 | | appoint new members who are residents to the Independent | 16 | | Authority if necessary to maintain this majority. At the next | 17 | | school board election, 4 school board members must be elected | 18 | | to serve out terms of 4 years and until successors are elected | 19 | | and have qualified. For purposes of these first 2 elections, | 20 | | the school board members must be elected at-large. In districts | 21 | | where board members were previously elected using an | 22 | | alternative format pursuant to Article 9 of this Code, | 23 | | following these first 2 elections, the voting shall | 24 | | automatically revert back to the original form. Following the | 25 | | election, any remaining Independent Authority members shall | 26 | | serve in the district as an oversight panel until such time as |
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| 1 | | the district meets the governance standards necessary to | 2 | | achieve accreditation. If some or all of the Independent | 3 | | Authority members have been elected to the board, the State | 4 | | Superintendent may, in his or her discretion, appoint new | 5 | | members to the Independent Authority pursuant to subsection (f) | 6 | | of this Section. The school board shall get approval of all | 7 | | actions by the Independent Authority during the time the | 8 | | Independent Authority serves as an oversight panel. | 9 | | Board members who were removed pursuant to subsection (c) | 10 | | of this Section are ineligible to run for school board in the | 11 | | district for 10 years following the abolition of the | 12 | | Independent Authority pursuant to subsection (l) of this | 13 | | Section. However, board members who were removed pursuant to | 14 | | subsection (c) of this Section and were appointed to the | 15 | | Independent Authority by the State Superintendent are eligible | 16 | | to run for school board in the district. | 17 | | (j) The Independent Authority, upon its members taking | 18 | | office and annually thereafter and upon request, shall prepare | 19 | | and submit to the State Superintendent a report on the state of | 20 | | the district, including without limitation the academic | 21 | | improvement and financial situation of the district. This | 22 | | report must be submitted annually on or before March 1 of each | 23 | | year. The State Superintendent shall provide copies of any and | 24 | | all reports to the regional office of education for the | 25 | | district and to the State Senator and Representative | 26 | | representing the area where the district is located. |
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| 1 | | (k) The district shall render such services to and permit | 2 | | the use of its facilities and resources by the Independent | 3 | | Authority at no charge as may be requested by the Independent | 4 | | Authority. Any State agency, unit of local government, or | 5 | | school district may, within its lawful powers and duties, | 6 | | render such services to the Independent Authority as may be | 7 | | requested by the Independent Authority. | 8 | | (l) An Independent Authority must be abolished when the | 9 | | district, following the election of the full board, meets the | 10 | | governance standards necessary to achieve accreditation status | 11 | | by an independent accreditation agency chosen by the State | 12 | | Board. The abolition of the Independent Authority shall take | 13 | | place within 30 days after this determination of the | 14 | | accreditation agency. | 15 | | Upon abolition of the Independent Authority, all powers and | 16 | | duties allowed by this Code to be exercised by a school board | 17 | | shall be transferred to the elected school board. | 18 | | (m) The Independent Authority must be indemnified through | 19 | | insurance purchased by the district. The district shall | 20 | | purchase insurance through which the Independent Authority is | 21 | | to be indemnified. | 22 | | The district retains the duty to represent and to indemnify | 23 | | Independent Authority members following the abolition of the | 24 | | Independent Authority for any cause of action or remedy | 25 | | available against the Independent Authority, its members, its | 26 | | employees, or its agents for any right or claim existing or any |
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| 1 | | liability incurred prior to the abolition. | 2 | | The insurance shall indemnify and protect districts, | 3 | | Independent Authority members, employees, volunteer personnel | 4 | | authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of | 5 | | this Code, mentors of certified or licensed staff as authorized | 6 | | in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of | 7 | | this Code, and student teachers against civil rights damage | 8 | | claims and suits, constitutional rights damage claims and | 9 | | suits, and death and bodily injury and property damage claims | 10 | | and suits, including defense thereof, when damages are sought | 11 | | for negligent or wrongful acts alleged to have been committed | 12 | | in the scope of employment, under the direction of the | 13 | | Independent Authority, or related to any mentoring services | 14 | | provided to certified or licensed staff of the district. Such | 15 | | indemnification and protection shall extend to persons who were | 16 | | members of an Independent Authority, employees of an | 17 | | Independent Authority, authorized volunteer personnel, mentors | 18 | | of certified or licensed staff, or student teachers at the time | 19 | | of the incident from which a claim arises. No agent may be | 20 | | afforded indemnification or protection unless he or she was a | 21 | | member of an Independent Authority, an employee of an | 22 | | Independent Authority, an authorized volunteer, a mentor of | 23 | | certified or licensed staff, or a student teacher at the time | 24 | | of the incident from which the claim arises. | 25 | | (n) The State Board may adopt rules as may be necessary for | 26 | | the administration of this Section. |
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| 1 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 2 | | Sec. 2-3.25g. Waiver or modification of mandates within the | 3 | | School
Code and administrative rules and regulations. | 4 | | (a) In this Section: | 5 | | "Board" means a school board or the governing board or | 6 | | administrative district, as the case may be, for a joint | 7 | | agreement. | 8 | | "Eligible applicant" means a school district, joint | 9 | | agreement made up of school districts, or regional | 10 | | superintendent of schools on behalf of schools and programs | 11 | | operated by the regional office of education.
| 12 | | "Implementation date" has the meaning set forth in | 13 | | Section 24A-2.5 of this Code. | 14 | | "State Board" means the State Board of Education.
| 15 | | (b) Notwithstanding any other
provisions of this School | 16 | | Code or any other law of this State to the
contrary, eligible | 17 | | applicants may petition the State Board of Education for the
| 18 | | waiver or modification of the mandates of this School Code or | 19 | | of the
administrative rules and regulations promulgated by the | 20 | | State Board of
Education. Waivers or modifications of | 21 | | administrative rules and regulations
and modifications of | 22 | | mandates of this School Code may be requested when an eligible | 23 | | applicant demonstrates that it can address the intent of the | 24 | | rule or
mandate in a more effective, efficient, or economical | 25 | | manner or when necessary
to stimulate innovation or improve |
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| 1 | | student performance. Waivers of
mandates of
the School Code may | 2 | | be requested when the waivers are necessary to stimulate
| 3 | | innovation or improve student performance. Waivers may not be | 4 | | requested
from laws, rules, and regulations pertaining to | 5 | | special education, teacher
certification, teacher tenure and | 6 | | seniority, or Section 5-2.1 of this Code or from compliance | 7 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | 8 | | On and after the applicable implementation date, eligible | 9 | | applicants may not seek a waiver or seek a modification of a | 10 | | mandate regarding the requirements for (i) student performance | 11 | | data to be a significant factor in teacher or principal | 12 | | evaluations or (ii) for teachers and principals to be rated | 13 | | using the 4 categories of "excellent", "proficient", "needs | 14 | | improvement", or "unsatisfactory". On the applicable | 15 | | implementation date, any previously authorized waiver or | 16 | | modification from such requirements shall terminate. | 17 | | (c) Eligible applicants, as a matter of inherent managerial | 18 | | policy, and any
Independent Authority established under | 19 | | Section 2-3.25f-5 of this Code 2-3.25f may submit an
| 20 | | application for a waiver or modification authorized under this | 21 | | Section. Each
application must include a written request by the | 22 | | eligible applicant or
Independent Authority and must | 23 | | demonstrate that the intent of the mandate can
be addressed in | 24 | | a more effective, efficient, or economical manner
or be based
| 25 | | upon a specific plan for improved student performance and | 26 | | school improvement.
Any eligible applicant requesting a waiver |
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| 1 | | or modification for the reason that intent
of the mandate can | 2 | | be addressed in a more economical manner shall include in
the | 3 | | application a fiscal analysis showing current expenditures on | 4 | | the mandate
and projected savings resulting from the waiver
or | 5 | | modification. Applications
and plans developed by eligible | 6 | | applicants must be approved by the board or regional | 7 | | superintendent of schools applying on behalf of schools or | 8 | | programs operated by the regional office of education following | 9 | | a public hearing on the application and plan and the
| 10 | | opportunity for the board or regional superintendent to hear | 11 | | testimony from staff
directly involved in
its implementation, | 12 | | parents, and students. The time period for such testimony shall | 13 | | be separate from the time period established by the eligible | 14 | | applicant for public comment on other matters. If the applicant | 15 | | is a school district or joint agreement requesting a waiver or | 16 | | modification of Section 27-6 of this Code, the public hearing | 17 | | shall be held on a day other than the day on which a regular | 18 | | meeting of the board is held. | 19 | | (c-5) If the applicant is a school district, then the | 20 | | district shall post information that sets forth the time, date, | 21 | | place, and general subject matter of the public hearing on its | 22 | | Internet website at least 14 days prior to the hearing. If the | 23 | | district is requesting to increase the fee charged for driver | 24 | | education authorized pursuant to Section 27-24.2 of this Code, | 25 | | the website information shall include the proposed amount of | 26 | | the fee the district will request. All school districts must |
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| 1 | | publish a notice of the public hearing at least 7 days prior to | 2 | | the hearing in a newspaper of general circulation within the | 3 | | school district that sets forth the time, date, place, and | 4 | | general subject matter of the hearing. Districts requesting to | 5 | | increase the fee charged for driver education shall include in | 6 | | the published notice the proposed amount of the fee the | 7 | | district will request. If the applicant is a joint agreement or | 8 | | regional superintendent, then the joint agreement or regional | 9 | | superintendent shall post information that sets forth the time, | 10 | | date, place, and general subject matter of the public hearing | 11 | | on its Internet website at least 14 days prior to the hearing. | 12 | | If the joint agreement or regional superintendent is requesting | 13 | | to increase the fee charged for driver education authorized | 14 | | pursuant to Section 27-24.2 of this Code, the website | 15 | | information shall include the proposed amount of the fee the | 16 | | applicant will request. All joint agreements and regional | 17 | | superintendents must publish a notice of the public hearing at | 18 | | least 7 days prior to the hearing in a newspaper of general | 19 | | circulation in each school district that is a member of the | 20 | | joint agreement or that is served by the educational service | 21 | | region that sets forth the time, date, place, and general | 22 | | subject matter of the hearing, provided that a notice appearing | 23 | | in a newspaper generally circulated in more than one school | 24 | | district shall be deemed to fulfill this requirement with | 25 | | respect to all of the affected districts. Joint agreements or | 26 | | regional superintendents requesting to increase the fee |
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| 1 | | charged for driver education shall include in the published | 2 | | notice the proposed amount of the fee the applicant will | 3 | | request. The
eligible applicant must notify in writing the | 4 | | affected exclusive collective
bargaining agent and those State | 5 | | legislators representing the eligible applicant's territory of
| 6 | | its
intent to seek approval of a
waiver or
modification and of | 7 | | the hearing to be held to take testimony from staff.
The | 8 | | affected exclusive collective bargaining agents shall be | 9 | | notified of such
public hearing at least 7 days prior to the | 10 | | date of the hearing and shall be
allowed to attend
such public | 11 | | hearing. The eligible applicant shall attest to compliance with | 12 | | all of
the notification and procedural requirements set forth | 13 | | in this Section. | 14 | | (d) A request for a waiver or modification of | 15 | | administrative rules and
regulations or for a modification of | 16 | | mandates contained in this School Code
shall be submitted to | 17 | | the State Board of Education within 15 days after
approval by | 18 | | the board or regional superintendent of schools. The | 19 | | application as submitted to the
State Board of Education shall | 20 | | include a description of the public hearing. Except with | 21 | | respect to contracting for adaptive driver education, an | 22 | | eligible applicant wishing to request a modification or waiver | 23 | | of administrative rules of the State Board of Education | 24 | | regarding contracting with a commercial driver training school | 25 | | to provide the course of study authorized under Section 27-24.2 | 26 | | of this Code must provide evidence with its application that |
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| 1 | | the commercial driver training school with which it will | 2 | | contract holds a license issued by the Secretary of State under | 3 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 4 | | each instructor employed by the commercial driver training | 5 | | school to provide instruction to students served by the school | 6 | | district holds a valid teaching certificate or teaching | 7 | | license, as applicable, issued under the requirements of this | 8 | | Code and rules of the State Board of Education. Such evidence | 9 | | must include, but need not be limited to, a list of each | 10 | | instructor assigned to teach students served by the school | 11 | | district, which list shall include the instructor's name, | 12 | | personal identification number as required by the State Board | 13 | | of Education, birth date, and driver's license number. If the | 14 | | modification or waiver is granted, then the eligible applicant | 15 | | shall notify the State Board of Education of any changes in the | 16 | | personnel providing instruction within 15 calendar days after | 17 | | an instructor leaves the program or a new instructor is hired. | 18 | | Such notification shall include the instructor's name, | 19 | | personal identification number as required by the State Board | 20 | | of Education, birth date, and driver's license number. If a | 21 | | school district maintains an Internet website, then the | 22 | | district shall post a copy of the final contract between the | 23 | | district and the commercial driver training school on the | 24 | | district's Internet website. If no Internet website exists, | 25 | | then the district shall make available the contract upon | 26 | | request. A record of all materials in relation to the |
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| 1 | | application for contracting must be maintained by the school | 2 | | district and made available to parents and guardians upon | 3 | | request. The instructor's date of birth and driver's license | 4 | | number and any other personally identifying information as | 5 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 6 | | must be redacted from any public materials.
Following receipt | 7 | | of the waiver or modification request, the
State Board shall | 8 | | have 45 days to review the application and request. If the
| 9 | | State Board fails to disapprove the application within that 45 | 10 | | day period, the
waiver or modification shall be deemed granted. | 11 | | The State Board
may disapprove
any request if it is not based | 12 | | upon sound educational practices, endangers the
health or | 13 | | safety of students or staff, compromises equal opportunities | 14 | | for
learning, or fails to demonstrate that the intent of the | 15 | | rule or mandate can be
addressed in a more effective, | 16 | | efficient, or economical manner or have improved
student | 17 | | performance as a primary goal. Any request disapproved by the | 18 | | State
Board may be appealed to the General Assembly by the | 19 | | eligible applicant
as outlined in this Section. | 20 | | A request for a waiver from mandates contained in this | 21 | | School Code shall be
submitted to the State Board within 15 | 22 | | days after approval by the board or regional superintendent of | 23 | | schools.
The application as submitted to the State Board of | 24 | | Education
shall include a description of the public hearing. | 25 | | The description shall
include, but need not be limited to, the | 26 | | means of notice, the number of people
in attendance, the number |
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| 1 | | of people who spoke as proponents or opponents of the
waiver, a | 2 | | brief description of their comments, and whether there were any
| 3 | | written statements submitted.
The State Board shall review the | 4 | | applications and requests for
completeness and shall compile | 5 | | the requests in reports to be filed with the
General Assembly.
| 6 | | The State Board shall file
reports outlining the waivers
| 7 | | requested by eligible applicants
and appeals by eligible | 8 | | applicants of requests
disapproved by the State Board with the | 9 | | Senate and the House of
Representatives before each March 1 and
| 10 | | October
1. The General Assembly may disapprove the report of | 11 | | the State Board in whole
or in part within 60 calendar days | 12 | | after each house of the General Assembly
next
convenes after | 13 | | the report is filed by adoption of a resolution by a record | 14 | | vote
of the majority of members elected in each house. If the | 15 | | General Assembly
fails to disapprove any waiver request or | 16 | | appealed request within such 60
day period, the waiver or | 17 | | modification shall be deemed granted. Any resolution
adopted by | 18 | | the General Assembly disapproving a report of the State Board | 19 | | in
whole or in part shall be binding on the State Board. | 20 | | (e) An approved waiver or modification (except a waiver | 21 | | from or modification to a physical education mandate) may | 22 | | remain in effect for a period not to
exceed 5 school years and | 23 | | may be renewed upon application by the
eligible applicant. | 24 | | However, such waiver or modification may be changed within that
| 25 | | 5-year period by a board or regional superintendent of schools | 26 | | applying on behalf of schools or programs operated by the |
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| 1 | | regional office of education following the procedure as set
| 2 | | forth in this Section for the initial waiver or modification | 3 | | request. If
neither the State Board of Education nor the | 4 | | General Assembly disapproves, the
change is deemed granted. | 5 | | An approved waiver from or modification to a physical | 6 | | education mandate may remain in effect for a period not to | 7 | | exceed 2 school years and may be renewed no more than 2 times | 8 | | upon application by the eligible applicant. An approved waiver | 9 | | from or modification to a physical education mandate may be | 10 | | changed within the 2-year period by the board or regional | 11 | | superintendent of schools, whichever is applicable, following | 12 | | the procedure set forth in this Section for the initial waiver | 13 | | or modification request. If neither the State Board of | 14 | | Education nor the General Assembly disapproves, the change is | 15 | | deemed granted.
| 16 | | (f) (Blank). | 17 | | (Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; | 18 | | 97-1025, eff. 1-1-13.)
| 19 | | (105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
| 20 | | Sec. 2-3.25h. Technical assistance; State support | 21 | | services. Schools, school districts, local
school councils, | 22 | | school improvement panels, and any Independent
Authority | 23 | | established under Section 2-3.25f-5 of this Code 2-3.25f may | 24 | | receive technical
assistance that the State Board of Education | 25 | | shall make
available. Such technical
assistance shall include |
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| 1 | | without limitation assistance
in the areas of curriculum | 2 | | evaluation, the instructional process,
student performance, | 3 | | school environment, staff effectiveness,
school and community | 4 | | relations, parental involvement, resource
management, | 5 | | leadership, data analysis processes and tools, school
| 6 | | improvement plan guidance and
feedback, information regarding | 7 | | scientifically based research-proven curriculum
and | 8 | | instruction, and professional development opportunities for | 9 | | teachers and
administrators.
| 10 | | (Source: P.A. 93-470, eff. 8-8-03.)
| 11 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 12 | | Sec. 10-10. Board of education; Term; Vacancy. All school | 13 | | districts
having a population of not fewer than 1,000 and not | 14 | | more than 500,000
inhabitants, as ascertained by any special or | 15 | | general census, and not
governed by special Acts, shall be | 16 | | governed by a board of education
consisting of 7 members, | 17 | | serving without compensation except as herein
provided. Each | 18 | | member shall be elected for a term of 4 years for the initial | 19 | | members
of the board of education of a combined school district | 20 | | to which that
subsection applies. If 5 members are elected in | 21 | | 1983 pursuant to the extension
of terms provided by
law for | 22 | | transition to the consolidated election schedule under the | 23 | | general
election law, 2 of those members shall be elected to | 24 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 25 | | 4 years; their successors shall
serve for a 4 year term. When |
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| 1 | | the voters of a district have voted to elect
members of the | 2 | | board of education for 6 year terms, as provided in Section
| 3 | | 9-5, the terms of office of members of the board of education | 4 | | of that
district expire when their successors assume office but | 5 | | not later than 7
days after such election. If at the regular | 6 | | school election held in the
first odd-numbered year after the | 7 | | determination to elect members for 6 year
terms 2 members are | 8 | | elected, they shall serve for a 6 year term; and of the
members | 9 | | elected at the next regular school election 3 shall serve for a
| 10 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter | 11 | | members
elected in such districts shall be elected to a 6 year | 12 | | term. If at the
regular school election held in the first | 13 | | odd-numbered year after the
determination to elect members for | 14 | | 6 year terms 3 members are elected, they
shall serve for a 6 | 15 | | year term; and of the members elected at the next
regular | 16 | | school election 2 shall serve for a term of 2 years and 2 shall
| 17 | | serve for a term of 6 years. Thereafter members elected in such | 18 | | districts
shall be elected to a 6 year term. If at the regular | 19 | | school election held
in the first odd-numbered year after the | 20 | | determination to elect members for
6 year terms 4 members are | 21 | | elected, 3 shall serve for a term of 6 years and
one shall | 22 | | serve for a term of 2 years; and of the members elected at the
| 23 | | next regular school election 2 shall serve for terms of 6 years | 24 | | and 2 shall
serve for terms of 2 years. Thereafter members | 25 | | elected in such districts
shall be elected to a 6 year term. If | 26 | | at the regular school election held
in the first odd-numbered |
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| 1 | | year after the determination to elect members for
a 6 year term | 2 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 3 | | shall serve for a term of 2 years; and of the members elected | 4 | | at the
next regular school election 2 shall serve for terms of | 5 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 6 | | members elected in such districts
shall be elected to a 6 year | 7 | | term. An election for board members shall not
be held in school | 8 | | districts which by consolidation, annexation or otherwise
| 9 | | shall cease to exist as a school district within 6 months after | 10 | | the
election date, and the term of all board members which | 11 | | would otherwise
terminate shall be continued until such | 12 | | district shall cease to exist. Each
member, on the date of his | 13 | | or her election, shall be a
citizen of the United
States of the | 14 | | age of 18 years or over, shall be a resident of the State and
| 15 | | the
territory of the district for at least one year immediately | 16 | | preceding his or
her
election, shall be a registered voter as | 17 | | provided in the general election
law,
shall not be a school | 18 | | trustee, must not have been removed from a school board | 19 | | pursuant to Section 2-3.25f-5 of this Code (unless subsequently | 20 | | appointed as a member of an Independent Authority or if it has | 21 | | been 10 years since the abolition of the Independent Authority | 22 | | in the district), and shall not be a child
sex offender as | 23 | | defined in Section 11-9.3 of the
Criminal Code of 2012. When | 24 | | the board of
education is the successor of the school | 25 | | directors, all rights of property,
and all rights regarding | 26 | | causes of action existing or vested in such
directors, shall |
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| 1 | | vest in it as fully as they were vested in the school
| 2 | | directors. Terms of members are subject to Section 2A-54 of the | 3 | | Election Code.
| 4 | | Nomination papers filed under this Section are not valid | 5 | | unless the candidate
named therein files with the secretary of | 6 | | the board of education or with
a person designated by the board | 7 | | to receive nominating petitions a receipt
from the county clerk | 8 | | showing that the candidate has filed a statement of
economic | 9 | | interests as required by the Illinois Governmental Ethics Act.
| 10 | | Such receipt shall be so filed either previously during the | 11 | | calendar year
in which his nomination papers were filed or | 12 | | within the period for the filing
of nomination papers in | 13 | | accordance with the general election law.
| 14 | | Whenever a vacancy occurs, the remaining members shall | 15 | | notify the
regional superintendent of that vacancy within 5 | 16 | | days after its occurrence
and shall proceed to fill the vacancy | 17 | | until the next regular school
election, at which election a | 18 | | successor shall be elected to serve the
remainder of the | 19 | | unexpired term. However, if the vacancy occurs with less
than | 20 | | 868 days remaining in the term, or if the vacancy occurs
less | 21 | | than 88
days before the next regularly scheduled election for | 22 | | this office then the
person so appointed shall serve the | 23 | | remainder of the unexpired term, and no
election to fill the | 24 | | vacancy shall be held. Should they fail so to
act, within 45 | 25 | | days after the vacancy occurs, the regional superintendent
of | 26 | | schools under whose supervision and control the district is |
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| 1 | | operating,
as defined in Section 3-14.2 of this Act, shall | 2 | | within 30 days after the
remaining members have failed to fill | 3 | | the vacancy, fill the vacancy as
provided for herein. Upon the | 4 | | regional superintendent's failure to fill the
vacancy, the | 5 | | vacancy shall be filled at the next regularly scheduled
| 6 | | election. Whether elected or appointed by the remaining members | 7 | | or regional
superintendent, the successor shall be an | 8 | | inhabitant of the particular area
from which his or her | 9 | | predecessor was elected if the residential requirements
| 10 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 11 | | A board of education may appoint a student to the board to | 12 | | serve in an advisory capacity. The student member shall serve | 13 | | for a term as determined by the board. The board may not grant | 14 | | the student member any voting privileges, but shall consider | 15 | | the student member as an advisor. The student member may not | 16 | | participate in or attend any executive session of the board.
| 17 | | (Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
| 18 | | Section 7. The Illinois Educational Labor Relations Act is | 19 | | amended by changing Section 2 as follows:
| 20 | | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| 21 | | Sec. 2. Definitions. As used in this Act:
| 22 | | (a) "Educational employer"
or "employer" means the | 23 | | governing body of a public school district, including the | 24 | | governing body of a charter school established under Article |
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| 1 | | 27A of the School Code or of a contract school or contract | 2 | | turnaround school established under paragraph 30 of Section | 3 | | 34-18 of the School Code, combination
of public school | 4 | | districts, including the governing body of joint agreements
of | 5 | | any type formed by 2 or more school districts, public community | 6 | | college
district or State college or university, a | 7 | | subcontractor of instructional services of a school district | 8 | | (other than a school district organized under Article 34 of the | 9 | | School Code), combination of school districts, charter school | 10 | | established under Article 27A of the School Code, or contract | 11 | | school or contract turnaround school established under | 12 | | paragraph 30 of Section 34-18 of the School Code, an | 13 | | Independent Authority created under Section 2-3.25f-5 of the | 14 | | School Code, and any State agency whose major
function is | 15 | | providing educational services.
"Educational employer" or | 16 | | "employer" does not include (1) a Financial Oversight
Panel | 17 | | created pursuant to Section 1A-8 of the School Code due to a
| 18 | | district
violating a financial plan or (2) an approved | 19 | | nonpublic special education facility that contracts with a | 20 | | school district or combination of school districts to provide | 21 | | special education services pursuant to Section 14-7.02 of the | 22 | | School Code, but does include a School Finance Authority
| 23 | | created
under Article 1E or 1F of the School Code and a | 24 | | Financial Oversight Panel created under Article 1B or 1H of the | 25 | | School Code. The change made by this amendatory Act of the 96th | 26 | | General Assembly to this paragraph (a) to make clear that the |
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| 1 | | governing body of a charter school is an "educational employer" | 2 | | is declaratory of existing law.
| 3 | | (b) "Educational employee" or "employee" means any | 4 | | individual, excluding
supervisors, managerial, confidential, | 5 | | short term employees, student, and
part-time academic | 6 | | employees of community colleges employed full or part
time by | 7 | | an educational employer, but shall not include elected | 8 | | officials
and appointees of the Governor with the advice and | 9 | | consent of the Senate,
firefighters as defined by subsection | 10 | | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | 11 | | and peace officers employed by a State
university. For the | 12 | | purposes of this Act, part-time
academic employees of community | 13 | | colleges shall be defined as those
employees who provide less | 14 | | than 3 credit hours of instruction per
academic
semester. In | 15 | | this subsection (b), the term "student"
includes graduate | 16 | | students who are research assistants primarily
performing | 17 | | duties that involve research or graduate assistants primarily
| 18 | | performing duties that are pre-professional, but excludes | 19 | | graduate
students who are teaching assistants primarily | 20 | | performing duties that
involve the delivery and support of | 21 | | instruction and all other graduate
assistants.
| 22 | | (c) "Employee organization" or "labor organization" means | 23 | | an organization
of any kind in which membership includes | 24 | | educational employees, and which
exists for the purpose, in | 25 | | whole or in part, of dealing with employers
concerning | 26 | | grievances, employee-employer disputes, wages, rates of pay,
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| 1 | | hours of employment, or conditions of work, but shall not | 2 | | include any
organization which practices discrimination in | 3 | | membership because of race,
color, creed, age, gender, national | 4 | | origin or political affiliation.
| 5 | | (d) "Exclusive representative" means the labor | 6 | | organization which has
been designated by the Illinois | 7 | | Educational Labor Relations Board as the
representative of the | 8 | | majority of educational employees in an appropriate
unit, or | 9 | | recognized by an educational employer prior to January 1, 1984 | 10 | | as
the exclusive representative of the employees in an | 11 | | appropriate unit or,
after January 1, 1984, recognized by an | 12 | | employer upon evidence that the
employee organization has been | 13 | | designated as the exclusive representative
by a majority of the | 14 | | employees in an appropriate unit.
| 15 | | (e) "Board" means the Illinois Educational Labor Relations | 16 | | Board.
| 17 | | (f) "Regional Superintendent" means the regional | 18 | | superintendent of
schools provided for in Articles 3 and 3A of | 19 | | The School Code.
| 20 | | (g) "Supervisor" means any individual having authority in | 21 | | the interests
of the employer to hire, transfer, suspend, lay | 22 | | off, recall, promote,
discharge, reward or discipline other | 23 | | employees within the appropriate
bargaining unit and adjust | 24 | | their grievances, or to effectively recommend
such action if | 25 | | the exercise of such authority is not of a merely routine or
| 26 | | clerical nature but requires the use of independent judgment. |
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| 1 | | The term
"supervisor" includes only those individuals who | 2 | | devote a preponderance of
their employment time to such | 3 | | exercising authority.
| 4 | | (h) "Unfair labor practice" or "unfair practice" means any | 5 | | practice
prohibited by Section 14 of this Act.
| 6 | | (i) "Person" includes an individual, educational employee, | 7 | | educational
employer, legal representative, or employee | 8 | | organization.
| 9 | | (j) "Wages" means salaries or other forms of compensation | 10 | | for services
rendered.
| 11 | | (k) "Professional employee" means, in the case of a public | 12 | | community
college, State college or university, State agency | 13 | | whose major function is
providing educational services, the | 14 | | Illinois School for the Deaf, and the
Illinois School for the | 15 | | Visually Impaired, (1) any employee engaged in work
(i) | 16 | | predominantly intellectual and varied in character as opposed | 17 | | to
routine mental, manual, mechanical, or physical work; (ii) | 18 | | involving the
consistent exercise of discretion and judgment in | 19 | | its performance; (iii) of
such character that the output | 20 | | produced or the result accomplished cannot
be standardized in | 21 | | relation to a given period of time; and (iv) requiring
| 22 | | knowledge of an advanced type in a field of science or learning | 23 | | customarily
acquired by a prolonged course of specialized | 24 | | intellectual instruction and
study in an institution of higher | 25 | | learning or a hospital, as distinguished
from a general | 26 | | academic education or from an apprenticeship or from training
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| 1 | | in the performance of routine mental, manual, or physical | 2 | | processes; or
(2) any employee, who (i) has completed the | 3 | | courses of specialized
intellectual instruction and study | 4 | | described in clause (iv) of paragraph
(1) of this subsection, | 5 | | and (ii) is performing related work under the
supervision of a | 6 | | professional person to qualify himself or herself to
become a | 7 | | professional as defined in paragraph (l).
| 8 | | (l) "Professional employee" means, in the case of any | 9 | | public school
district, or combination of school districts | 10 | | pursuant to joint agreement,
any employee who has a certificate | 11 | | issued under Article 21 or Section 34-83
of the School Code, as | 12 | | now or hereafter amended.
| 13 | | (m) "Unit" or "bargaining unit" means any group of | 14 | | employees for which
an exclusive representative is selected.
| 15 | | (n) "Confidential employee" means an employee, who (i) in | 16 | | the regular
course of his or her duties, assists and acts in a | 17 | | confidential capacity to
persons who formulate, determine and | 18 | | effectuate management policies with
regard to labor relations | 19 | | or who (ii) in the regular course of his or her
duties has | 20 | | access to information relating to the effectuation or review of
| 21 | | the employer's collective bargaining policies.
| 22 | | (o) "Managerial employee" means an individual who is | 23 | | engaged
predominantly in executive and management functions | 24 | | and is charged with the
responsibility of directing the | 25 | | effectuation of such management policies and
practices.
| 26 | | (p) "Craft employee" means a skilled journeyman, craft |
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| 1 | | person, and his
or her apprentice or helper.
| 2 | | (q) "Short-term employee" is an employee who is employed | 3 | | for less than
2 consecutive calendar quarters during a calendar | 4 | | year and who does not
have a reasonable expectation that he or | 5 | | she will be rehired by the same
employer for the same service | 6 | | in a subsequent calendar year. Nothing in
this subsection shall | 7 | | affect the employee status of individuals who were
covered by a | 8 | | collective bargaining agreement on the effective date of this
| 9 | | amendatory Act of 1991.
| 10 | | (Source: P.A. 96-104, eff. 1-1-10; 97-429, eff. 8-16-11.)
| 11 | | (105 ILCS 5/3-14.28 rep.) | 12 | | Section 10. The School Code is amended by repealing Section | 13 | | 3-14.28.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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