Illinois General Assembly - Full Text of SB2340
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Full Text of SB2340  98th General Assembly

SB2340sam002 98TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 5/6/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2340

2    AMENDMENT NO. ______. Amend Senate Bill 2340, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Sections
62-3.25d, 2-3.25f, 2-3.25g, 2-3.25h, and 10-10 and by adding
7Section 2-3.25f-5 as follows:
 
8    (105 ILCS 5/2-3.25d)  (from Ch. 122, par. 2-3.25d)
9    Sec. 2-3.25d. Academic early warning and watch status.
10    (a) Beginning with the 2005-2006 school year, unless the
11federal government formally disapproves of such policy through
12the submission and review process for the Illinois
13Accountability Workbook, those schools that do not meet
14adequate yearly progress criteria for 2 consecutive annual
15calculations in the same subject or in their participation
16rate, attendance rate, or graduation rate shall be placed on

 

 

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1academic early warning status for the next school year. Schools
2on academic early warning status that do not meet adequate
3yearly progress criteria for a third annual calculation in the
4same subject or in their participation rate, attendance rate,
5or graduation rate shall remain on academic early warning
6status. Schools on academic early warning status that do not
7meet adequate yearly progress criteria for a fourth annual
8calculation in the same subject or in their participation rate,
9attendance rate, or graduation rate shall be placed on initial
10academic watch status. Schools on academic watch status that do
11not meet adequate yearly progress criteria for a fifth or
12subsequent annual calculation in the same subject or in their
13participation rate, attendance rate, or graduation rate shall
14remain on academic watch status. Schools on academic early
15warning or academic watch status that meet adequate yearly
16progress criteria for 2 consecutive calculations shall be
17considered as having met expectations and shall be removed from
18any status designation.
19    The school district of a school placed on either academic
20early warning status or academic watch status may appeal the
21status to the State Board of Education in accordance with
22Section 2-3.25m of this Code.
23    A school district that has one or more schools on academic
24early warning or academic watch status shall prepare a revised
25School Improvement Plan or amendments thereto setting forth the
26district's expectations for removing each school from academic

 

 

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1early warning or academic watch status and for improving
2student performance in the affected school or schools.
3Districts operating under Article 34 of this Code may prepare
4the School Improvement Plan required under Section 34-2.4 of
5this Code.
6    The revised School Improvement Plan for a school that is
7initially placed on academic early warning status or that
8remains on academic early warning status after a third annual
9calculation must be approved by the school board (and by the
10school's local school council in a district operating under
11Article 34 of this Code, unless the school is on probation
12pursuant to subsection (c) of Section 34-8.3 of this Code).
13    The revised School Improvement Plan for a school that is
14initially placed on academic watch status after a fourth annual
15calculation must be approved by the school board (and by the
16school's local school council in a district operating under
17Article 34 of this Code, unless the school is on probation
18pursuant to subsection (c) of Section 34-8.3 of this Code).
19    The revised School Improvement Plan for a school that
20remains on academic watch status after a fifth annual
21calculation must be approved by the school board (and by the
22school's local school council in a district operating under
23Article 34 of this Code, unless the school is on probation
24pursuant to subsection (c) of Section 34-8.3 of this Code). In
25addition, the district must develop a school restructuring plan
26for the school that must be approved by the school board (and

 

 

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1by the school's local school council in a district operating
2under Article 34 of this Code).
3    A school on academic watch status that does not meet
4adequate yearly progress criteria for a sixth annual
5calculation shall implement its approved school restructuring
6plan beginning with the next school year, subject to the State
7interventions specified in Sections Section 2-3.25f and
82-3.25f-5 of this Code.
9    (b) Beginning with the 2005-2006 school year, unless the
10federal government formally disapproves of such policy through
11the submission and review process for the Illinois
12Accountability Workbook, those school districts that do not
13meet adequate yearly progress criteria for 2 consecutive annual
14calculations in the same subject or in their participation
15rate, attendance rate, or graduation rate shall be placed on
16academic early warning status for the next school year.
17Districts on academic early warning status that do not meet
18adequate yearly progress criteria for a third annual
19calculation in the same subject or in their participation rate,
20attendance rate, or graduation rate shall remain on academic
21early warning status. Districts on academic early warning
22status that do not meet adequate yearly progress criteria for a
23fourth annual calculation in the same subject or in their
24participation rate, attendance rate, or graduation rate shall
25be placed on initial academic watch status. Districts on
26academic watch status that do not meet adequate yearly progress

 

 

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1criteria for a fifth or subsequent annual calculation in the
2same subject or in their participation rate, attendance rate,
3or graduation rate shall remain on academic watch status.
4Districts on academic early warning or academic watch status
5that meet adequate yearly progress criteria for one annual
6calculation shall be considered as having met expectations and
7shall be removed from any status designation.
8    A district placed on either academic early warning status
9or academic watch status may appeal the status to the State
10Board of Education in accordance with Section 2-3.25m of this
11Code.
12    Districts on academic early warning or academic watch
13status shall prepare a District Improvement Plan or amendments
14thereto setting forth the district's expectations for removing
15the district from academic early warning or academic watch
16status and for improving student performance in the district.
17    All District Improvement Plans must be approved by the
18school board.
19    (c) All revised School and District Improvement Plans shall
20be developed in collaboration with parents, staff in the
21affected school or school district, and outside experts. All
22revised School and District Improvement Plans shall be
23developed, submitted, and monitored pursuant to rules adopted
24by the State Board of Education. The revised Improvement Plan
25shall address measurable outcomes for improving student
26performance so that such performance meets adequate yearly

 

 

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1progress criteria as specified by the State Board of Education.
2All school districts required to revise a School Improvement
3Plan in accordance with this Section shall establish a peer
4review process for the evaluation of School Improvement Plans.
5    (d) All federal requirements apply to schools and school
6districts utilizing federal funds under Title I, Part A of the
7federal Elementary and Secondary Education Act of 1965.
8    (e) The State Board of Education, from any moneys it may
9have available for this purpose, must implement and administer
10a grant program that provides 2-year grants to school districts
11on the academic watch list and other school districts that have
12the lowest achieving students, as determined by the State Board
13of Education, to be used to improve student achievement. In
14order to receive a grant under this program, a school district
15must establish an accountability program. The accountability
16program must involve the use of statewide testing standards and
17local evaluation measures. A grant shall be automatically
18renewed when achievement goals are met. The Board may adopt any
19rules necessary to implement and administer this grant program.
20(Source: P.A. 96-734, eff. 8-25-09.)
 
21    (105 ILCS 5/2-3.25f)  (from Ch. 122, par. 2-3.25f)
22    Sec. 2-3.25f. State interventions.
23    (a) The State Board of Education shall provide technical
24assistance to assist with the development and implementation of
25School and District Improvement Plans.

 

 

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1    Schools or school districts that fail to make reasonable
2efforts to implement an approved Improvement Plan may suffer
3loss of State funds by school district, attendance center, or
4program as the State Board of Education deems appropriate.
5    (a-5) In this subsection (a-5), "school" means any of the
6following named public schools or their successor name:
7        (1) Dirksen Middle School in Dolton School District
8    149.
9        (2) Diekman Elementary School in Dolton School
10    District 149.
11        (3) Caroline Sibley Elementary School in Dolton School
12    District 149.
13        (4) Berger-Vandenberg Elementary School in Dolton
14    School District 149.
15        (5) Carol Moseley Braun School in Dolton School
16    District 149.
17        (6) New Beginnings Learning Academy in Dolton School
18    District 149.
19        (7) McKinley Junior High School in South Holland School
20    District 150.
21        (8) Greenwood Elementary School in South Holland
22    School District 150.
23        (9) McKinley Elementary School in South Holland School
24    District 150.
25        (10) Eisenhower School in South Holland School
26    District 151.

 

 

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1        (11) Madison School in South Holland School District
2    151.
3        (12) Taft School in South Holland School District 151.
4        (13) Wolcott School in Thornton School District 154.
5        (14) Memorial Junior High School in Lansing School
6    District 158.
7        (15) Oak Glen Elementary School in Lansing School
8    District 158.
9        (16) Lester Crawl Primary Center in Lansing School
10    District 158.
11        (17) Brookwood Junior High School in Brookwood School
12    District 167.
13        (18) Brookwood Middle School in Brookwood School
14    District 167.
15        (19) Hickory Bend Elementary School in Brookwood
16    School District 167.
17        (20) Medgar Evers Primary Academic Center in Ford
18    Heights School District 169.
19        (21) Nathan Hale Elementary School in Sunnybrook
20    School District 171.
21        (22) Ira F. Aldridge Elementary School in City of
22    Chicago School District 299.
23        (23) William E.B. DuBois Elementary School in City of
24    Chicago School District 299.
25    If, after 2 years following its placement on academic watch
26status, a school remains on academic watch status, then,

 

 

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1subject to federal appropriation money being available, the
2State Board of Education shall allow the school board to opt in
3the process of operating that school on a pilot full-year
4school plan approved by the State Board of Education upon
5expiration of its teachers' current collective bargaining
6agreement until the expiration of the next collective
7bargaining agreement. A school board must notify the State
8Board of Education of its intent to opt in the process of
9operating a school on a pilot full-year school plan.
10    (b) In addition, if after 3 years following its placement
11on academic watch status a school district or school remains on
12academic watch status, the State Board of Education may shall
13take one of the following actions for the district specified
14under Section 2-3.25f-5 of this Code or school: (1) The State
15Board of Education may authorize the State Superintendent of
16Education to direct the regional superintendent of schools to
17remove school board members pursuant to Section 3-14.28 of this
18Code. Prior to such direction the State Board of Education
19shall permit members of the local board of education to present
20written and oral comments to the State Board of Education. The
21State Board of Education may direct the State Superintendent of
22Education to appoint an Independent Authority that shall
23exercise such powers and duties as may be necessary to operate
24a school or school district for purposes of improving pupil
25performance and school improvement. The State Superintendent
26of Education shall designate one member of the Independent

 

 

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1Authority to serve as chairman. The Independent Authority shall
2serve for a period of time specified by the State Board of
3Education upon the recommendation of the State Superintendent
4of Education. (2) The State Board of Education may (i) (A)
5change the recognition status of the school district or school
6to nonrecognized, or (ii) (B) authorize the State
7Superintendent of Education to direct the reassignment of
8pupils or direct the reassignment or replacement of school
9district personnel who are relevant to the failure to meet
10adequate yearly progress criteria. If a school district is
11nonrecognized in its entirety, it shall automatically be
12dissolved on July 1 following that nonrecognition and its
13territory realigned with another school district or districts
14by the regional board of school trustees in accordance with the
15procedures set forth in Section 7-11 of the School Code. The
16effective date of the nonrecognition of a school shall be July
171 following the nonrecognition.
18    (c) All federal requirements apply to schools and school
19districts utilizing federal funds under Title I, Part A of the
20federal Elementary and Secondary Education Act of 1965.
21(Source: P.A. 97-370, eff. 1-1-12.)
 
22    (105 ILCS 5/2-3.25f-5 new)
23    Sec. 2-3.25f-5. Independent Authority.
24    (a) The General Assembly finds all of the following:
25        (1) A fundamental goal of the people of this State, as

 

 

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1    expressed in Section 1 of Article X of the Illinois
2    Constitution, is the educational development of all
3    persons to the limits of their capacities. When a school
4    board faces governance difficulties, continued operation
5    of the public school system is threatened.
6        (2) Sound school board governance, academic
7    achievement, and sound financial structure are essential
8    to the continued operation of any school system. It is
9    vital to commercial, educational, and cultural interests
10    that public schools remain in operation. To achieve that
11    goal, public school systems must have effective
12    leadership.
13        (3) To promote the sound operation of districts, as
14    defined in this Section, it may be necessary to provide for
15    the creation of independent authorities with the powers
16    necessary to promote sound governance, sound academic
17    planning, and sound financial management and to ensure the
18    continued operation of the public schools.
19        (4) It is the purpose of this Section to provide for a
20    sound basis for the continued operation of public schools.
21    The intention of the General Assembly, in creating this
22    Section, is to establish procedures, provide powers, and
23    impose restrictions to ensure the educational integrity of
24    public school districts.
25    (b) As used in this Section:
26    "Board" means a school board of a district.

 

 

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1    "Chairperson" means the Chairperson of the Independent
2Authority.
3    "District" means any school district having a population of
4not more than 500,000.
5    "State Board" means the State Board of Education.
6    "State Superintendent" means the State Superintendent of
7Education.
8    (c) The State Board has the power to direct the State
9Superintendent to remove a board. Boards may be removed when
10the criteria provided for in subsection (d) of this Section are
11met.
12    If the State Board proposes to direct the State
13Superintendent to remove a board from a district, board members
14shall receive individual written notice of the intended
15removal. Written notice must be provided at least 30 calendar
16days before a hearing is held by the State Board. This notice
17shall identify the basis for proposed removal.
18    Board members are entitled to a hearing, during which time
19each board member shall have the opportunity to respond
20individually, both orally and through written comments, to the
21basis laid out in the notice. Written comments must be
22submitted to the State Board on or before the hearing.
23    Board members are entitled to be represented by counsel at
24the hearing, but counsel must not be paid with district funds,
25unless the State Board decides that the board will not be
26removed and then the board members may be reimbursed for all

 

 

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1reasonable attorney's fees by the district.
2    The State Board shall make a final decision on removal
3immediately following the hearing or at its next regularly
4scheduled or special meeting. In no event may the decision be
5made later than the next regularly scheduled meeting.
6    The State Board shall issue a final written decision. If
7the State Board directs the State Superintendent to remove the
8board, the State Superintendent shall do so within 30 days
9after the written decision. Following the removal of the board,
10the State Superintendent shall establish an Independent
11Authority pursuant to subsection (e) of this Section.
12    If there is a financial oversight panel operating in the
13district pursuant to Article 1B or 1H of this Code, the State
14Board may, at its discretion, abolish the panel.
15    (d) The State Board shall require districts that have been
16on academic watch status for 3 years or more and that are
17within the lowest 5% in terms of performance in this State, as
18determined by the State Superintendent, to seek accreditation
19through an independent accreditation organization chosen by
20the State Board and paid for by the State. The State Board may
21direct the State Superintendent to remove board members
22pursuant to subsection (c) of this Section in any district in
23which the district is unable to obtain accreditation in whole
24or in part due to reasons specifically related to school board
25governance. When determining if a district has failed to meet
26the standards for accreditation specifically related to school

 

 

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1board governance, the accreditation entity shall take into
2account the overall academic, fiscal, and operational
3condition of the district and consider whether the board has
4failed to protect district assets, to direct sound
5administrative and academic policy, to abide by basic
6governance principles, including those set forth in district
7policies, and to conduct itself with professionalism and care
8and in a legally, ethically, and financially responsible
9manner. When considering if a board has failed in these areas,
10the accreditation entity shall consider some or all of the
11following factors; however, (i) a board does not have to have
12engaged in any specific number of these factors nor does it
13have to have failed in all of the following areas in order to
14be removed and (ii) the accreditation entity does not have to
15make a finding as to each of these factors:
16        (1) Failure to protect district assets by, without
17    limitation, incidents of fiscal fraud or misappropriation
18    of district funds; acts of neglecting the district's
19    building conditions; a failure to meet regularly
20    scheduled, payroll-period obligations when due; a failure
21    to develop and implement a comprehensive, risk-management
22    plan; a failure to provide financial information or
23    cooperate with the State Superintendent; or a failure to
24    file an annual financial report, an annual budget, a
25    deficit reduction plan, or other financial information as
26    required by law.

 

 

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1        (2) Failure to direct sound administrative and
2    academic policy by, without limitation, hiring staff who do
3    not meet minimal certification requirements for the
4    positions being filled or who do not meet the customary
5    qualifications held by those occupying similar positions
6    in other school districts; a failure to avoid conflicts of
7    interest as it relates to hiring or other contractual
8    obligations; a failure to abide by competitive bidding
9    laws; a failure to abide by the Open Meetings Act and the
10    Freedom of Information Act; or a failure to adopt and
11    implement policies and practices that promote conditions
12    that support student learning, effective instruction, and
13    assessment that produce equitable and challenging learning
14    experiences for all students.
15        (3) Failure to abide by basic governance principals by,
16    without limitation, a failure to adopt and abide by sound
17    local governance policies; a failure to abide by the
18    principle that official action by the board occurs only
19    through a duly-called and legally conducted meeting of the
20    board; a failure to ensure that board decisions and actions
21    are in accordance with defined roles and responsibilities;
22    or a failure of the board to protect, support, and respect
23    the autonomy of a system to accomplish goals for
24    improvement in student learning and instruction and to
25    manage day-to-day operations of the school system and its
26    schools, including maintaining the distinction between the

 

 

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1    board's roles and responsibilities and those of
2    administrative leadership.
3        (4) Failure to conduct itself in a legally, ethically,
4    and financially responsible manner by, without limitation,
5    a failure to act in accordance with the Constitution of the
6    United States of America and the Constitution of the State
7    of Illinois and within the scope of State and federal laws;
8    a failure to comply with all district policies and
9    procedures and all State rules; or a failure to comply with
10    the governmental entities provisions of the State
11    Officials and Employees Ethics Act, including the gift ban
12    and prohibited political activities provisions.
13    (e) Upon removal of the board, the State Superintendent
14shall establish an Independent Authority. Upon establishment
15of an Independent Authority, there is established a body both
16corporate and politic to be known as the "(Name of the School
17District) Independent Authority", which in this name shall
18exercise all of the authority vested in an Independent
19Authority by this Section and by the name may sue and be sued
20in all courts and places where judicial proceedings are had.
21    (f) Upon establishment of an Independent Authority under
22subsection (e) of this Section, the State Superintendent shall,
23within 30 working days thereafter and in consultation with
24State and locally elected officials, appoint 5 or 7 members to
25serve on an Independent Authority for the district. Members
26appointed to the Independent Authority shall serve at the

 

 

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1pleasure of the State Superintendent. The State Superintendent
2shall designate one of the members of the Independent Authority
3to serve as its chairperson. In the event of vacancy or
4resignation, the State Superintendent shall, within 15
5workings days after receiving notice, appoint a successor to
6serve out that member's term. If the State Board has abolished
7a financial oversight panel pursuant to subsection (c) of this
8Section, the State Superintendent may appoint former members of
9the panel to the Independent Authority. These members may serve
10as part of the 5 or 7 members or may be appointed in addition to
11the 5 or 7 members, with the Independent Authority not to
12exceed 9 members in total.
13    Members of the Independent Authority must be selected
14primarily on the basis of their experience and knowledge in
15education policy and governance, with consideration given to
16persons knowledgeable in the operation of a school district. A
17member of the Independent Authority must be a registered voter
18as provided in the general election law, must not be a school
19trustee, and must not be a child sex offender as defined in
20Section 11-9.3 of the Criminal Code of 2012. A majority of the
21members of the Independent Authority must be residents of the
22district that the Independent Authority serves. A member of the
23Independent Authority may not be an employee of the district,
24nor may a member have a direct financial interest in the
25district.
26    Independent Authority members may be reimbursed by the

 

 

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1district for travel if they live more than 25 miles away from
2the district's headquarters and other necessary expenses
3incurred in the performance of their official duties. The
4amount reimbursed members for their expenses must be charged to
5the school district.
6    With the exception of the Chairperson, the Independent
7Authority may elect such officers as it deems appropriate.
8    The first meeting of the Independent Authority must be held
9at the call of the Chairperson. The Independent Authority shall
10prescribe the times and places for its meetings and the manner
11in which regular and special meetings may be called and shall
12comply with the Open Meetings Act.
13    All Independent Authority members must complete the
14training required of school board members under Section 10-16a
15of this Code.
16    (g) The purpose of the Independent Authority is to operate
17the district. The Independent Authority shall have all of the
18powers and duties of a board and all other powers necessary to
19meet its responsibilities and to carry out its purpose and the
20purposes of this Section and that may be requisite or proper
21for the maintenance, operation, and development of any school
22or schools under the jurisdiction of the Independent Authority.
23This grant of powers does not release an Independent Authority
24from any duty imposed upon it by this Code or any other law.
25    The Independent Authority shall have no power to
26unilaterally cancel or modify any collective bargaining

 

 

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1agreement in force upon the date of creation of the Independent
2Authority.
3    (h) The Independent Authority may prepare and file with the
4State Superintendent a proposal for emergency financial
5assistance for the school district and for the operations
6budget of the Independent Authority, in accordance with Section
71B-8 of this Code. A district may receive both a loan and a
8grant.
9    (i) An election for board members must not be held in a
10district upon the establishment of an Independent Authority and
11is suspended until the next regularly scheduled school board
12election that takes place no less than 2 years following the
13establishment of the Independent Authority. For this first
14election, 3 school board members must be elected to serve out
15terms of 4 years and until successors are elected and have
16qualified. Members of the Independent Authority are eligible to
17run for election in the district, provided that they meet all
18other eligibility requirements of Section 10-10 of this Code.
19Following this election, the school board shall consist of the
20newly elected members and any remaining members of the
21Independent Authority. The majority of this board must be
22residents of the district. The State Superintendent must
23appoint new members who are residents to the Independent
24Authority if necessary to maintain this majority. At the next
25school board election, 4 school board members must be elected
26to serve out terms of 4 years and until successors are elected

 

 

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1and have qualified. For purposes of these first 2 elections,
2the school board members must be elected at-large. In districts
3where board members were previously elected using an
4alternative format pursuant to Article 9 of this Code,
5following these first 2 elections, the voting shall
6automatically revert back to the original form. Following the
7election, any remaining Independent Authority members shall
8serve in the district as an oversight panel until such time as
9the district meets the governance standards necessary to
10achieve accreditation. If some or all of the Independent
11Authority members have been elected to the board, the State
12Superintendent may, in his or her discretion, appoint new
13members to the Independent Authority pursuant to subsection (f)
14of this Section. The school board shall get approval of all
15actions by the Independent Authority during the time the
16Independent Authority serves as an oversight panel.
17    Board members who were removed pursuant to subsection (c)
18of this Section are ineligible to run for school board in the
19district for 10 years following the abolition of the
20Independent Authority pursuant to subsection (l) of this
21Section. However, board members who were removed pursuant to
22subsection (c) of this Section and were appointed to the
23Independent Authority by the State Superintendent are eligible
24to run for school board in the district.
25    (j) The Independent Authority, upon its members taking
26office and annually thereafter and upon request, shall prepare

 

 

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1and submit to the State Superintendent a report on the state of
2the district, including without limitation the academic
3improvement and financial situation of the district. This
4report must be submitted annually on or before March 1 of each
5year. The State Superintendent shall provide copies of any and
6all reports to the regional office of education for the
7district and to the State Senator and Representative
8representing the area where the district is located.
9    (k) The district shall render such services to and permit
10the use of its facilities and resources by the Independent
11Authority at no charge as may be requested by the Independent
12Authority. Any State agency, unit of local government, or
13school district may, within its lawful powers and duties,
14render such services to the Independent Authority as may be
15requested by the Independent Authority.
16    (l) An Independent Authority must be abolished when the
17district, following the election of the full board, meets the
18governance standards necessary to achieve accreditation status
19by an independent accreditation agency chosen by the State
20Board. The abolition of the Independent Authority shall take
21place within 30 days after this determination of the
22accreditation agency.
23    Upon abolition of the Independent Authority, all powers and
24duties allowed by this Code to be exercised by a school board
25shall be transferred to the elected school board.
26    (m) The Independent Authority must be indemnified through

 

 

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1insurance purchased by the district. The district shall
2purchase insurance through which the Independent Authority is
3to be indemnified.
4    The district retains the duty to represent and to indemnify
5Independent Authority members following the abolition of the
6Independent Authority for any cause of action or remedy
7available against the Independent Authority, its members, its
8employees, or its agents for any right or claim existing or any
9liability incurred prior to the abolition.
10    The insurance shall indemnify and protect districts,
11Independent Authority members, employees, volunteer personnel
12authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of
13this Code, mentors of certified or licensed staff as authorized
14in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of
15this Code, and student teachers against civil rights damage
16claims and suits, constitutional rights damage claims and
17suits, and death and bodily injury and property damage claims
18and suits, including defense thereof, when damages are sought
19for negligent or wrongful acts alleged to have been committed
20in the scope of employment, under the direction of the
21Independent Authority, or related to any mentoring services
22provided to certified or licensed staff of the district. Such
23indemnification and protection shall extend to persons who were
24members of an Independent Authority, employees of an
25Independent Authority, authorized volunteer personnel, mentors
26of certified or licensed staff, or student teachers at the time

 

 

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1of the incident from which a claim arises. No agent may be
2afforded indemnification or protection unless he or she was a
3member of an Independent Authority, an employee of an
4Independent Authority, an authorized volunteer, a mentor of
5certified or licensed staff, or a student teacher at the time
6of the incident from which the claim arises.
7    (n) The State Board may adopt rules as may be necessary for
8the administration of this Section.
 
9    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
10    Sec. 2-3.25g. Waiver or modification of mandates within the
11School Code and administrative rules and regulations.
12    (a) In this Section:
13        "Board" means a school board or the governing board or
14    administrative district, as the case may be, for a joint
15    agreement.
16        "Eligible applicant" means a school district, joint
17    agreement made up of school districts, or regional
18    superintendent of schools on behalf of schools and programs
19    operated by the regional office of education.
20        "Implementation date" has the meaning set forth in
21    Section 24A-2.5 of this Code.
22        "State Board" means the State Board of Education.
23    (b) Notwithstanding any other provisions of this School
24Code or any other law of this State to the contrary, eligible
25applicants may petition the State Board of Education for the

 

 

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1waiver or modification of the mandates of this School Code or
2of the administrative rules and regulations promulgated by the
3State Board of Education. Waivers or modifications of
4administrative rules and regulations and modifications of
5mandates of this School Code may be requested when an eligible
6applicant demonstrates that it can address the intent of the
7rule or mandate in a more effective, efficient, or economical
8manner or when necessary to stimulate innovation or improve
9student performance. Waivers of mandates of the School Code may
10be requested when the waivers are necessary to stimulate
11innovation or improve student performance. Waivers may not be
12requested from laws, rules, and regulations pertaining to
13special education, teacher certification, teacher tenure and
14seniority, or Section 5-2.1 of this Code or from compliance
15with the No Child Left Behind Act of 2001 (Public Law 107-110).
16On and after the applicable implementation date, eligible
17applicants may not seek a waiver or seek a modification of a
18mandate regarding the requirements for (i) student performance
19data to be a significant factor in teacher or principal
20evaluations or (ii) for teachers and principals to be rated
21using the 4 categories of "excellent", "proficient", "needs
22improvement", or "unsatisfactory". On the applicable
23implementation date, any previously authorized waiver or
24modification from such requirements shall terminate.
25    (c) Eligible applicants, as a matter of inherent managerial
26policy, and any Independent Authority established under

 

 

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1Section 2-3.25f-5 of this Code 2-3.25f may submit an
2application for a waiver or modification authorized under this
3Section. Each application must include a written request by the
4eligible applicant or Independent Authority and must
5demonstrate that the intent of the mandate can be addressed in
6a more effective, efficient, or economical manner or be based
7upon a specific plan for improved student performance and
8school improvement. Any eligible applicant requesting a waiver
9or modification for the reason that intent of the mandate can
10be addressed in a more economical manner shall include in the
11application a fiscal analysis showing current expenditures on
12the mandate and projected savings resulting from the waiver or
13modification. Applications and plans developed by eligible
14applicants must be approved by the board or regional
15superintendent of schools applying on behalf of schools or
16programs operated by the regional office of education following
17a public hearing on the application and plan and the
18opportunity for the board or regional superintendent to hear
19testimony from staff directly involved in its implementation,
20parents, and students. The time period for such testimony shall
21be separate from the time period established by the eligible
22applicant for public comment on other matters. If the applicant
23is a school district or joint agreement requesting a waiver or
24modification of Section 27-6 of this Code, the public hearing
25shall be held on a day other than the day on which a regular
26meeting of the board is held.

 

 

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1    (c-5) If the applicant is a school district, then the
2district shall post information that sets forth the time, date,
3place, and general subject matter of the public hearing on its
4Internet website at least 14 days prior to the hearing. If the
5district is requesting to increase the fee charged for driver
6education authorized pursuant to Section 27-24.2 of this Code,
7the website information shall include the proposed amount of
8the fee the district will request. All school districts must
9publish a notice of the public hearing at least 7 days prior to
10the hearing in a newspaper of general circulation within the
11school district that sets forth the time, date, place, and
12general subject matter of the hearing. Districts requesting to
13increase the fee charged for driver education shall include in
14the published notice the proposed amount of the fee the
15district will request. If the applicant is a joint agreement or
16regional superintendent, then the joint agreement or regional
17superintendent shall post information that sets forth the time,
18date, place, and general subject matter of the public hearing
19on its Internet website at least 14 days prior to the hearing.
20If the joint agreement or regional superintendent is requesting
21to increase the fee charged for driver education authorized
22pursuant to Section 27-24.2 of this Code, the website
23information shall include the proposed amount of the fee the
24applicant will request. All joint agreements and regional
25superintendents must publish a notice of the public hearing at
26least 7 days prior to the hearing in a newspaper of general

 

 

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1circulation in each school district that is a member of the
2joint agreement or that is served by the educational service
3region that sets forth the time, date, place, and general
4subject matter of the hearing, provided that a notice appearing
5in a newspaper generally circulated in more than one school
6district shall be deemed to fulfill this requirement with
7respect to all of the affected districts. Joint agreements or
8regional superintendents requesting to increase the fee
9charged for driver education shall include in the published
10notice the proposed amount of the fee the applicant will
11request. The eligible applicant must notify in writing the
12affected exclusive collective bargaining agent and those State
13legislators representing the eligible applicant's territory of
14its intent to seek approval of a waiver or modification and of
15the hearing to be held to take testimony from staff. The
16affected exclusive collective bargaining agents shall be
17notified of such public hearing at least 7 days prior to the
18date of the hearing and shall be allowed to attend such public
19hearing. The eligible applicant shall attest to compliance with
20all of the notification and procedural requirements set forth
21in this Section.
22    (d) A request for a waiver or modification of
23administrative rules and regulations or for a modification of
24mandates contained in this School Code shall be submitted to
25the State Board of Education within 15 days after approval by
26the board or regional superintendent of schools. The

 

 

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1application as submitted to the State Board of Education shall
2include a description of the public hearing. Except with
3respect to contracting for adaptive driver education, an
4eligible applicant wishing to request a modification or waiver
5of administrative rules of the State Board of Education
6regarding contracting with a commercial driver training school
7to provide the course of study authorized under Section 27-24.2
8of this Code must provide evidence with its application that
9the commercial driver training school with which it will
10contract holds a license issued by the Secretary of State under
11Article IV of Chapter 6 of the Illinois Vehicle Code and that
12each instructor employed by the commercial driver training
13school to provide instruction to students served by the school
14district holds a valid teaching certificate or teaching
15license, as applicable, issued under the requirements of this
16Code and rules of the State Board of Education. Such evidence
17must include, but need not be limited to, a list of each
18instructor assigned to teach students served by the school
19district, which list shall include the instructor's name,
20personal identification number as required by the State Board
21of Education, birth date, and driver's license number. If the
22modification or waiver is granted, then the eligible applicant
23shall notify the State Board of Education of any changes in the
24personnel providing instruction within 15 calendar days after
25an instructor leaves the program or a new instructor is hired.
26Such notification shall include the instructor's name,

 

 

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1personal identification number as required by the State Board
2of Education, birth date, and driver's license number. If a
3school district maintains an Internet website, then the
4district shall post a copy of the final contract between the
5district and the commercial driver training school on the
6district's Internet website. If no Internet website exists,
7then the district shall make available the contract upon
8request. A record of all materials in relation to the
9application for contracting must be maintained by the school
10district and made available to parents and guardians upon
11request. The instructor's date of birth and driver's license
12number and any other personally identifying information as
13deemed by the federal Driver's Privacy Protection Act of 1994
14must be redacted from any public materials. Following receipt
15of the waiver or modification request, the State Board shall
16have 45 days to review the application and request. If the
17State Board fails to disapprove the application within that 45
18day period, the waiver or modification shall be deemed granted.
19The State Board may disapprove any request if it is not based
20upon sound educational practices, endangers the health or
21safety of students or staff, compromises equal opportunities
22for learning, or fails to demonstrate that the intent of the
23rule or mandate can be addressed in a more effective,
24efficient, or economical manner or have improved student
25performance as a primary goal. Any request disapproved by the
26State Board may be appealed to the General Assembly by the

 

 

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1eligible applicant as outlined in this Section.
2    A request for a waiver from mandates contained in this
3School Code shall be submitted to the State Board within 15
4days after approval by the board or regional superintendent of
5schools. The application as submitted to the State Board of
6Education shall include a description of the public hearing.
7The description shall include, but need not be limited to, the
8means of notice, the number of people in attendance, the number
9of people who spoke as proponents or opponents of the waiver, a
10brief description of their comments, and whether there were any
11written statements submitted. The State Board shall review the
12applications and requests for completeness and shall compile
13the requests in reports to be filed with the General Assembly.
14The State Board shall file reports outlining the waivers
15requested by eligible applicants and appeals by eligible
16applicants of requests disapproved by the State Board with the
17Senate and the House of Representatives before each March 1 and
18October 1. The General Assembly may disapprove the report of
19the State Board in whole or in part within 60 calendar days
20after each house of the General Assembly next convenes after
21the report is filed by adoption of a resolution by a record
22vote of the majority of members elected in each house. If the
23General Assembly fails to disapprove any waiver request or
24appealed request within such 60 day period, the waiver or
25modification shall be deemed granted. Any resolution adopted by
26the General Assembly disapproving a report of the State Board

 

 

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1in whole or in part shall be binding on the State Board.
2    (e) An approved waiver or modification (except a waiver
3from or modification to a physical education mandate) may
4remain in effect for a period not to exceed 5 school years and
5may be renewed upon application by the eligible applicant.
6However, such waiver or modification may be changed within that
75-year period by a board or regional superintendent of schools
8applying on behalf of schools or programs operated by the
9regional office of education following the procedure as set
10forth in this Section for the initial waiver or modification
11request. If neither the State Board of Education nor the
12General Assembly disapproves, the change is deemed granted.
13    An approved waiver from or modification to a physical
14education mandate may remain in effect for a period not to
15exceed 2 school years and may be renewed no more than 2 times
16upon application by the eligible applicant. An approved waiver
17from or modification to a physical education mandate may be
18changed within the 2-year period by the board or regional
19superintendent of schools, whichever is applicable, following
20the procedure set forth in this Section for the initial waiver
21or modification request. If neither the State Board of
22Education nor the General Assembly disapproves, the change is
23deemed granted.
24    (f) (Blank).
25(Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10;
2697-1025, eff. 1-1-13.)
 

 

 

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1    (105 ILCS 5/2-3.25h)  (from Ch. 122, par. 2-3.25h)
2    Sec. 2-3.25h. Technical assistance; State support
3services. Schools, school districts, local school councils,
4school improvement panels, and any Independent Authority
5established under Section 2-3.25f-5 of this Code 2-3.25f may
6receive technical assistance that the State Board of Education
7shall make available. Such technical assistance shall include
8without limitation assistance in the areas of curriculum
9evaluation, the instructional process, student performance,
10school environment, staff effectiveness, school and community
11relations, parental involvement, resource management,
12leadership, data analysis processes and tools, school
13improvement plan guidance and feedback, information regarding
14scientifically based research-proven curriculum and
15instruction, and professional development opportunities for
16teachers and administrators.
17(Source: P.A. 93-470, eff. 8-8-03.)
 
18    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
19    Sec. 10-10. Board of education; Term; Vacancy. All school
20districts having a population of not fewer than 1,000 and not
21more than 500,000 inhabitants, as ascertained by any special or
22general census, and not governed by special Acts, shall be
23governed by a board of education consisting of 7 members,
24serving without compensation except as herein provided. Each

 

 

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1member shall be elected for a term of 4 years for the initial
2members of the board of education of a combined school district
3to which that subsection applies. If 5 members are elected in
41983 pursuant to the extension of terms provided by law for
5transition to the consolidated election schedule under the
6general election law, 2 of those members shall be elected to
7serve terms of 2 years and 3 shall be elected to serve terms of
84 years; their successors shall serve for a 4 year term. When
9the voters of a district have voted to elect members of the
10board of education for 6 year terms, as provided in Section
119-5, the terms of office of members of the board of education
12of that district expire when their successors assume office but
13not later than 7 days after such election. If at the regular
14school election held in the first odd-numbered year after the
15determination to elect members for 6 year terms 2 members are
16elected, they shall serve for a 6 year term; and of the members
17elected at the next regular school election 3 shall serve for a
18term of 6 years and 2 shall serve a term of 2 years. Thereafter
19members elected in such districts shall be elected to a 6 year
20term. If at the regular school election held in the first
21odd-numbered year after the determination to elect members for
226 year terms 3 members are elected, they shall serve for a 6
23year term; and of the members elected at the next regular
24school election 2 shall serve for a term of 2 years and 2 shall
25serve for a term of 6 years. Thereafter members elected in such
26districts shall be elected to a 6 year term. If at the regular

 

 

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1school election held in the first odd-numbered year after the
2determination to elect members for 6 year terms 4 members are
3elected, 3 shall serve for a term of 6 years and one shall
4serve for a term of 2 years; and of the members elected at the
5next regular school election 2 shall serve for terms of 6 years
6and 2 shall serve for terms of 2 years. Thereafter members
7elected in such districts shall be elected to a 6 year term. If
8at the regular school election held in the first odd-numbered
9year after the determination to elect members for a 6 year term
105 members are elected, 3 shall serve for a term of 6 years and 2
11shall serve for a term of 2 years; and of the members elected
12at the next regular school election 2 shall serve for terms of
136 years and 2 shall serve for terms of 2 years. Thereafter
14members elected in such districts shall be elected to a 6 year
15term. An election for board members shall not be held in school
16districts which by consolidation, annexation or otherwise
17shall cease to exist as a school district within 6 months after
18the election date, and the term of all board members which
19would otherwise terminate shall be continued until such
20district shall cease to exist. Each member, on the date of his
21or her election, shall be a citizen of the United States of the
22age of 18 years or over, shall be a resident of the State and
23the territory of the district for at least one year immediately
24preceding his or her election, shall be a registered voter as
25provided in the general election law, shall not be a school
26trustee, must not have been removed from a school board

 

 

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1pursuant to Section 2-3.25f-5 of this Code (unless subsequently
2appointed as a member of an Independent Authority or if it has
3been 10 years since the abolition of the Independent Authority
4in the district), and shall not be a child sex offender as
5defined in Section 11-9.3 of the Criminal Code of 2012. When
6the board of education is the successor of the school
7directors, all rights of property, and all rights regarding
8causes of action existing or vested in such directors, shall
9vest in it as fully as they were vested in the school
10directors. Terms of members are subject to Section 2A-54 of the
11Election Code.
12    Nomination papers filed under this Section are not valid
13unless the candidate named therein files with the secretary of
14the board of education or with a person designated by the board
15to receive nominating petitions a receipt from the county clerk
16showing that the candidate has filed a statement of economic
17interests as required by the Illinois Governmental Ethics Act.
18Such receipt shall be so filed either previously during the
19calendar year in which his nomination papers were filed or
20within the period for the filing of nomination papers in
21accordance with the general election law.
22    Whenever a vacancy occurs, the remaining members shall
23notify the regional superintendent of that vacancy within 5
24days after its occurrence and shall proceed to fill the vacancy
25until the next regular school election, at which election a
26successor shall be elected to serve the remainder of the

 

 

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1unexpired term. However, if the vacancy occurs with less than
2868 days remaining in the term, or if the vacancy occurs less
3than 88 days before the next regularly scheduled election for
4this office then the person so appointed shall serve the
5remainder of the unexpired term, and no election to fill the
6vacancy shall be held. Should they fail so to act, within 45
7days after the vacancy occurs, the regional superintendent of
8schools under whose supervision and control the district is
9operating, as defined in Section 3-14.2 of this Act, shall
10within 30 days after the remaining members have failed to fill
11the vacancy, fill the vacancy as provided for herein. Upon the
12regional superintendent's failure to fill the vacancy, the
13vacancy shall be filled at the next regularly scheduled
14election. Whether elected or appointed by the remaining members
15or regional superintendent, the successor shall be an
16inhabitant of the particular area from which his or her
17predecessor was elected if the residential requirements
18contained in Section 10-10.5 or 12-2 of this Code apply.
19    A board of education may appoint a student to the board to
20serve in an advisory capacity. The student member shall serve
21for a term as determined by the board. The board may not grant
22the student member any voting privileges, but shall consider
23the student member as an advisor. The student member may not
24participate in or attend any executive session of the board.
25(Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
 

 

 

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1    Section 7. The Illinois Educational Labor Relations Act is
2amended by changing Section 2 as follows:
 
3    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
4    Sec. 2. Definitions. As used in this Act:
5    (a) "Educational employer" or "employer" means the
6governing body of a public school district, including the
7governing body of a charter school established under Article
827A of the School Code or of a contract school or contract
9turnaround school established under paragraph 30 of Section
1034-18 of the School Code, combination of public school
11districts, including the governing body of joint agreements of
12any type formed by 2 or more school districts, public community
13college district or State college or university, a
14subcontractor of instructional services of a school district
15(other than a school district organized under Article 34 of the
16School Code), combination of school districts, charter school
17established under Article 27A of the School Code, or contract
18school or contract turnaround school established under
19paragraph 30 of Section 34-18 of the School Code, an
20Independent Authority created under Section 2-3.25f-5 of the
21School Code, and any State agency whose major function is
22providing educational services. "Educational employer" or
23"employer" does not include (1) a Financial Oversight Panel
24created pursuant to Section 1A-8 of the School Code due to a
25district violating a financial plan or (2) an approved

 

 

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1nonpublic special education facility that contracts with a
2school district or combination of school districts to provide
3special education services pursuant to Section 14-7.02 of the
4School Code, but does include a School Finance Authority
5created under Article 1E or 1F of the School Code and a
6Financial Oversight Panel created under Article 1B or 1H of the
7School Code. The change made by this amendatory Act of the 96th
8General Assembly to this paragraph (a) to make clear that the
9governing body of a charter school is an "educational employer"
10is declaratory of existing law.
11    (b) "Educational employee" or "employee" means any
12individual, excluding supervisors, managerial, confidential,
13short term employees, student, and part-time academic
14employees of community colleges employed full or part time by
15an educational employer, but shall not include elected
16officials and appointees of the Governor with the advice and
17consent of the Senate, firefighters as defined by subsection
18(g-1) of Section 3 of the Illinois Public Labor Relations Act,
19and peace officers employed by a State university. For the
20purposes of this Act, part-time academic employees of community
21colleges shall be defined as those employees who provide less
22than 3 credit hours of instruction per academic semester. In
23this subsection (b), the term "student" includes graduate
24students who are research assistants primarily performing
25duties that involve research or graduate assistants primarily
26performing duties that are pre-professional, but excludes

 

 

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1graduate students who are teaching assistants primarily
2performing duties that involve the delivery and support of
3instruction and all other graduate assistants.
4    (c) "Employee organization" or "labor organization" means
5an organization of any kind in which membership includes
6educational employees, and which exists for the purpose, in
7whole or in part, of dealing with employers concerning
8grievances, employee-employer disputes, wages, rates of pay,
9hours of employment, or conditions of work, but shall not
10include any organization which practices discrimination in
11membership because of race, color, creed, age, gender, national
12origin or political affiliation.
13    (d) "Exclusive representative" means the labor
14organization which has been designated by the Illinois
15Educational Labor Relations Board as the representative of the
16majority of educational employees in an appropriate unit, or
17recognized by an educational employer prior to January 1, 1984
18as the exclusive representative of the employees in an
19appropriate unit or, after January 1, 1984, recognized by an
20employer upon evidence that the employee organization has been
21designated as the exclusive representative by a majority of the
22employees in an appropriate unit.
23    (e) "Board" means the Illinois Educational Labor Relations
24Board.
25    (f) "Regional Superintendent" means the regional
26superintendent of schools provided for in Articles 3 and 3A of

 

 

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1The School Code.
2    (g) "Supervisor" means any individual having authority in
3the interests of the employer to hire, transfer, suspend, lay
4off, recall, promote, discharge, reward or discipline other
5employees within the appropriate bargaining unit and adjust
6their grievances, or to effectively recommend such action if
7the exercise of such authority is not of a merely routine or
8clerical nature but requires the use of independent judgment.
9The term "supervisor" includes only those individuals who
10devote a preponderance of their employment time to such
11exercising authority.
12    (h) "Unfair labor practice" or "unfair practice" means any
13practice prohibited by Section 14 of this Act.
14    (i) "Person" includes an individual, educational employee,
15educational employer, legal representative, or employee
16organization.
17    (j) "Wages" means salaries or other forms of compensation
18for services rendered.
19    (k) "Professional employee" means, in the case of a public
20community college, State college or university, State agency
21whose major function is providing educational services, the
22Illinois School for the Deaf, and the Illinois School for the
23Visually Impaired, (1) any employee engaged in work (i)
24predominantly intellectual and varied in character as opposed
25to routine mental, manual, mechanical, or physical work; (ii)
26involving the consistent exercise of discretion and judgment in

 

 

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1its performance; (iii) of such character that the output
2produced or the result accomplished cannot be standardized in
3relation to a given period of time; and (iv) requiring
4knowledge of an advanced type in a field of science or learning
5customarily acquired by a prolonged course of specialized
6intellectual instruction and study in an institution of higher
7learning or a hospital, as distinguished from a general
8academic education or from an apprenticeship or from training
9in the performance of routine mental, manual, or physical
10processes; or (2) any employee, who (i) has completed the
11courses of specialized intellectual instruction and study
12described in clause (iv) of paragraph (1) of this subsection,
13and (ii) is performing related work under the supervision of a
14professional person to qualify himself or herself to become a
15professional as defined in paragraph (l).
16    (l) "Professional employee" means, in the case of any
17public school district, or combination of school districts
18pursuant to joint agreement, any employee who has a certificate
19issued under Article 21 or Section 34-83 of the School Code, as
20now or hereafter amended.
21    (m) "Unit" or "bargaining unit" means any group of
22employees for which an exclusive representative is selected.
23    (n) "Confidential employee" means an employee, who (i) in
24the regular course of his or her duties, assists and acts in a
25confidential capacity to persons who formulate, determine and
26effectuate management policies with regard to labor relations

 

 

09800SB2340sam002- 42 -LRB098 08200 NHT 45490 a

1or who (ii) in the regular course of his or her duties has
2access to information relating to the effectuation or review of
3the employer's collective bargaining policies.
4    (o) "Managerial employee" means an individual who is
5engaged predominantly in executive and management functions
6and is charged with the responsibility of directing the
7effectuation of such management policies and practices.
8    (p) "Craft employee" means a skilled journeyman, craft
9person, and his or her apprentice or helper.
10    (q) "Short-term employee" is an employee who is employed
11for less than 2 consecutive calendar quarters during a calendar
12year and who does not have a reasonable expectation that he or
13she will be rehired by the same employer for the same service
14in a subsequent calendar year. Nothing in this subsection shall
15affect the employee status of individuals who were covered by a
16collective bargaining agreement on the effective date of this
17amendatory Act of 1991.
18(Source: P.A. 96-104, eff. 1-1-10; 97-429, eff. 8-16-11.)
 
19    (105 ILCS 5/3-14.28 rep.)
20    Section 10. The School Code is amended by repealing Section
213-14.28.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".