Full Text of HB2233 103rd General Assembly
HB2233 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2233 Introduced 2/8/2023, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-20.21 | | 105 ILCS 5/34-18 | from Ch. 122, par. 34-18 | 105 ILCS 5/34-21.3 | from Ch. 122, par. 34-21.3 |
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Amends the School Code. In provisions concerning the awarding of contracts by school boards, increases the contract value subject to competitive bid provisions to $35,000 (instead of $25,000). Provides that the value excepted for a single project is $70,000 (instead of $50,000). Makes related changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-20.21, 34-18, and 34-21.3 as follows:
| 6 | | (105 ILCS 5/10-20.21)
| 7 | | Sec. 10-20.21. Contracts.
| 8 | | (a)
To award all contracts for
purchase of supplies and | 9 | | materials or work involving an expenditure in excess of | 10 | | $35,000 $25,000 or a lower amount as required by board policy
| 11 | | to the lowest responsible bidder, considering conformity with
| 12 | | specifications, terms of delivery, quality and serviceability, | 13 | | after due
advertisement, except the following: | 14 | | (i) contracts for the services of
individuals | 15 | | possessing a high degree of professional skill where the
| 16 | | ability or fitness of the individual plays an important | 17 | | part; | 18 | | (ii)
contracts for the printing of finance committee | 19 | | reports and departmental
reports; | 20 | | (iii) contracts for the printing or engraving of | 21 | | bonds, tax
warrants and other evidences of indebtedness; | 22 | | (iv) contracts for the
purchase of perishable foods | 23 | | and perishable beverages; |
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| 1 | | (v) contracts for
materials and work which have been | 2 | | awarded to the lowest responsible bidder
after due | 3 | | advertisement, but due to unforeseen revisions, not the | 4 | | fault of
the contractor for materials and work, must be | 5 | | revised causing expenditures
not in excess of 10% of the | 6 | | contract price; | 7 | | (vi)
contracts for the maintenance or servicing of, or | 8 | | provision of
repair parts for, equipment which are made | 9 | | with the manufacturer or
authorized service agent of that | 10 | | equipment where the provision of parts,
maintenance, or | 11 | | servicing can best be performed by the manufacturer or
| 12 | | authorized service agent; | 13 | | (vii) purchases and contracts for the use,
purchase, | 14 | | delivery, movement, or installation of data processing | 15 | | equipment,
software, or services and telecommunications | 16 | | and interconnect
equipment, software, and services; | 17 | | (viii) contracts for duplicating
machines and | 18 | | supplies; | 19 | | (ix) contracts for the purchase of fuel, including | 20 | | diesel, gasoline, oil, aviation, natural gas, or propane, | 21 | | lubricants, or other petroleum products; | 22 | | (x) purchases of
equipment previously owned by some | 23 | | entity other than the district
itself; | 24 | | (xi) contracts for repair, maintenance, remodeling, | 25 | | renovation, or
construction, or a single project involving | 26 | | an expenditure not to exceed $70,000
$50,000 and not |
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| 1 | | involving a change or increase in the size, type, or | 2 | | extent
of an existing facility; | 3 | | (xii) contracts for goods or services procured
from | 4 | | another governmental agency; | 5 | | (xiii) contracts for goods or services
which are | 6 | | economically procurable from only one source, such as for | 7 | | the
purchase of magazines, books, periodicals, pamphlets | 8 | | and reports, and for
utility services such as water, | 9 | | light, heat, telephone or telegraph;
| 10 | | (xiv) where funds are expended in an emergency and | 11 | | such emergency
expenditure is approved by 3/4 of the | 12 | | members of the board; | 13 | | (xv) State master contracts authorized under Article | 14 | | 28A of this Code; | 15 | | (xvi) contracts providing for the transportation of | 16 | | pupils, which contracts must be advertised in the same | 17 | | manner as competitive bids and awarded by first | 18 | | considering the bidder or bidders most able to provide | 19 | | safety and comfort for the pupils, stability of service, | 20 | | and any other factors set forth in the request for | 21 | | proposal regarding quality of service, and then price; and | 22 | | (xvii) contracts for goods, services, or management in | 23 | | the operation of a school's food service, including a | 24 | | school that participates in any of the United States | 25 | | Department of Agriculture's child nutrition programs if a | 26 | | good faith effort is made on behalf of the school district |
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| 1 | | to give preference to: | 2 | | (1) contracts that procure food that promotes the | 3 | | health and well-being of students, in compliance with | 4 | | United States Department of Agriculture nutrition | 5 | | standards for school meals. Contracts should also | 6 | | promote the production of scratch made, minimally | 7 | | processed foods; | 8 | | (2) contracts that give a preference to State or | 9 | | regional suppliers that source local food products; | 10 | | (3) contracts that give a preference to food | 11 | | suppliers that utilize producers that adopt hormone | 12 | | and pest management practices recommended by the | 13 | | United States Department of Agriculture; | 14 | | (4) contracts that give a preference to food | 15 | | suppliers that value animal welfare; and | 16 | | (5) contracts that increase opportunities for | 17 | | businesses owned and operated by minorities, women, or | 18 | | persons with disabilities. | 19 | | Food supplier data shall be submitted to the school | 20 | | district at the time of the bid, to the best of the | 21 | | bidder's ability, and updated annually thereafter during | 22 | | the term of the contract. The contractor shall submit the | 23 | | updated food supplier data. The data required under this | 24 | | item (xvii) shall include the name and address of each | 25 | | supplier, distributor, processor, and producer involved in | 26 | | the provision of the products that the bidder is to |
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| 1 | | supply. | 2 | | However, at no time shall a cause of action lie against a | 3 | | school board for awarding a pupil transportation contract per | 4 | | the standards set forth in this subsection (a) unless the | 5 | | cause of action is based on fraudulent conduct. | 6 | | All competitive
bids for contracts involving an | 7 | | expenditure in excess of $35,000 $25,000 or a lower amount as | 8 | | required by board policy must be
sealed by the bidder and must | 9 | | be opened by a member or employee of the
school board at a | 10 | | public bid opening at which the contents of the bids
must be | 11 | | announced. Each bidder must receive at least 3 days' notice of | 12 | | the
time and place of the bid opening. For purposes of this | 13 | | Section due
advertisement includes, but is not limited to, at | 14 | | least one public notice
at least 10 days before the bid date in | 15 | | a newspaper published in the
district, or if no newspaper is | 16 | | published in the district, in a newspaper
of general | 17 | | circulation in the area of the district. State master | 18 | | contracts and certified education purchasing contracts, as | 19 | | defined in Article 28A of this Code, are not subject to the | 20 | | requirements of this paragraph.
| 21 | | Under this Section, the acceptance of bids sealed by a | 22 | | bidder and the opening of these bids at a public bid opening | 23 | | may be permitted by an electronic process for communicating, | 24 | | accepting, and opening competitive bids. An electronic bidding | 25 | | process must provide for, but is not limited to, the following | 26 | | safeguards: |
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| 1 | | (1) On the date and time certain of a bid opening, the | 2 | | primary person conducting the competitive, sealed, | 3 | | electronic bid process shall log onto a specified database | 4 | | using a unique username and password previously assigned | 5 | | to the bidder to allow access to the bidder's specific bid | 6 | | project number. | 7 | | (2) The specified electronic database must be on a | 8 | | network that (i) is in a secure environment behind a | 9 | | firewall; (ii) has specific encryption tools; (iii) | 10 | | maintains specific intrusion detection systems; (iv) has | 11 | | redundant systems architecture with data storage back-up, | 12 | | whether by compact disc or tape; and (v) maintains a | 13 | | disaster recovery plan.
| 14 | | It is the legislative intent of Public Act 96-841 to maintain | 15 | | the integrity of the sealed bidding process provided for in | 16 | | this Section, to further limit any possibility of bid-rigging, | 17 | | to reduce administrative costs to school districts, and to | 18 | | effect efficiencies in communications with bidders. | 19 | | (b) To require, as a condition of any contract for goods | 20 | | and services,
that persons
bidding for and awarded a contract | 21 | | and all affiliates of the person collect and
remit
Illinois | 22 | | Use Tax on all sales of tangible personal property into the | 23 | | State of
Illinois in
accordance with the provisions of the | 24 | | Illinois Use Tax Act regardless of whether
the
person or | 25 | | affiliate is a "retailer maintaining a place of business | 26 | | within this
State" as
defined in Section 2 of the Use Tax Act. |
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| 1 | | For purposes of this Section, the term
"affiliate"
means any | 2 | | entity that (1) directly, indirectly, or constructively | 3 | | controls
another entity, (2)
is directly, indirectly, or | 4 | | constructively controlled by another entity, or (3)
is subject | 5 | | to
the control of a common entity. For purposes of this | 6 | | subsection (b), an entity
controls
another entity if it owns, | 7 | | directly or individually, more than 10% of the
voting
| 8 | | securities
of that entity. As used in this subsection (b), the | 9 | | term "voting security"
means a security
that (1) confers upon | 10 | | the holder the right to vote for the election of members
of the | 11 | | board
of directors or similar governing body of the business | 12 | | or (2) is convertible
into, or entitles
the holder to receive | 13 | | upon its exercise, a security that confers such a right
to
| 14 | | vote. A
general partnership interest is a voting security.
| 15 | | To require that bids and contracts include a certification | 16 | | by the bidder
or
contractor that the bidder or contractor is | 17 | | not barred from bidding for or
entering into a
contract under | 18 | | this Section and that the bidder or contractor acknowledges | 19 | | that
the school
board may declare the contract void if the | 20 | | certification completed pursuant to
this
subsection (b) is | 21 | | false.
| 22 | | (b-5) To require all contracts and agreements that pertain | 23 | | to goods and services and that are intended to generate | 24 | | additional revenue and other remunerations for the school | 25 | | district in excess of $1,000, including without limitation | 26 | | vending machine contracts, sports and other attire, class |
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| 1 | | rings, and photographic services, to be approved by the school | 2 | | board. The school board shall file as an attachment to its | 3 | | annual budget a report, in a form as determined by the State | 4 | | Board of Education, indicating for the prior year the name of | 5 | | the vendor, the product or service provided, and the actual | 6 | | net revenue and non-monetary remuneration from each of the | 7 | | contracts or agreements. In addition, the report shall | 8 | | indicate for what purpose the revenue was used and how and to | 9 | | whom the non-monetary remuneration was distributed.
| 10 | | (b-10) To prohibit any contract to purchase food with a | 11 | | bidder or offeror if the bidder's or offeror's contract terms | 12 | | prohibit the school from donating food to food banks, | 13 | | including, but not limited to, homeless shelters, food | 14 | | pantries, and soup kitchens. | 15 | | (c) If the State education purchasing entity creates a | 16 | | master contract as defined in Article 28A of this Code, then | 17 | | the State education purchasing entity shall notify school | 18 | | districts of the existence of the master contract. | 19 | | (d) In purchasing supplies, materials, equipment, or | 20 | | services that are not subject to subsection (c) of this | 21 | | Section, before a school district solicits bids or awards a | 22 | | contract, the district may review and consider as a bid under | 23 | | subsection (a) of this Section certified education purchasing | 24 | | contracts that are already available through the State | 25 | | education purchasing entity. | 26 | | (Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20; |
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| 1 | | 102-1101, eff. 6-29-22.)
| 2 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 3 | | Sec. 34-18. Powers of the board. The board shall exercise | 4 | | general
supervision and jurisdiction over the public education | 5 | | and the public
school system of the city, and, except as | 6 | | otherwise provided by this
Article, shall have power:
| 7 | | 1. To make suitable provision for the establishment | 8 | | and maintenance
throughout the year or for such portion | 9 | | thereof as it may direct, not
less than 9 months and in | 10 | | compliance with Section 10-19.05, of schools of all grades | 11 | | and kinds, including normal
schools, high schools, night | 12 | | schools, schools for defectives and
delinquents, parental | 13 | | and truant schools, schools for the blind, the
deaf, and | 14 | | persons with physical disabilities, schools or classes in | 15 | | manual training,
constructural and vocational teaching, | 16 | | domestic arts, and physical
culture, vocation and | 17 | | extension schools and lecture courses, and all
other | 18 | | educational courses and facilities, including | 19 | | establishing,
equipping, maintaining and operating | 20 | | playgrounds and recreational
programs, when such programs | 21 | | are conducted in, adjacent to, or connected
with any | 22 | | public school under the general supervision and | 23 | | jurisdiction
of the board; provided that the calendar for | 24 | | the school term and any changes must be submitted to and | 25 | | approved by the State Board of Education before the |
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| 1 | | calendar or changes may take effect, and provided that in | 2 | | allocating funds
from year to year for the operation of | 3 | | all attendance centers within the
district, the board | 4 | | shall ensure that supplemental general State aid or | 5 | | supplemental grant funds
are allocated and applied in | 6 | | accordance with Section 18-8, 18-8.05, or 18-8.15. To
| 7 | | admit to such
schools without charge foreign exchange | 8 | | students who are participants in
an organized exchange | 9 | | student program which is authorized by the board.
The | 10 | | board shall permit all students to enroll in | 11 | | apprenticeship programs
in trade schools operated by the | 12 | | board, whether those programs are
union-sponsored or not. | 13 | | No student shall be refused admission into or
be excluded | 14 | | from any course of instruction offered in the common | 15 | | schools
by reason of that student's sex. No student shall | 16 | | be denied equal
access to physical education and | 17 | | interscholastic athletic programs
supported from school | 18 | | district funds or denied participation in
comparable | 19 | | physical education and athletic programs solely by reason | 20 | | of
the student's sex. Equal access to programs supported | 21 | | from school
district funds and comparable programs will be | 22 | | defined in rules
promulgated by the State Board of | 23 | | Education in
consultation with the Illinois High School | 24 | | Association.
Notwithstanding any other provision of this | 25 | | Article, neither the board
of education nor any local | 26 | | school council or other school official shall
recommend |
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| 1 | | that children with disabilities be placed into regular | 2 | | education
classrooms unless those children with | 3 | | disabilities are provided with
supplementary services to | 4 | | assist them so that they benefit from the regular
| 5 | | classroom instruction and are included on the teacher's | 6 | | regular education
class register;
| 7 | | 2. To furnish lunches to pupils, to make a reasonable | 8 | | charge
therefor, and to use school funds for the payment | 9 | | of such expenses as
the board may determine are necessary | 10 | | in conducting the school lunch
program;
| 11 | | 3. To co-operate with the circuit court;
| 12 | | 4. To make arrangements with the public or | 13 | | quasi-public libraries
and museums for the use of their | 14 | | facilities by teachers and pupils of
the public schools;
| 15 | | 5. To employ dentists and prescribe their duties for | 16 | | the purpose of
treating the pupils in the schools, but | 17 | | accepting such treatment shall
be optional with parents or | 18 | | guardians;
| 19 | | 6. To grant the use of assembly halls and classrooms | 20 | | when not
otherwise needed, including light, heat, and | 21 | | attendants, for free public
lectures, concerts, and other | 22 | | educational and social interests, free of
charge, under | 23 | | such provisions and control as the principal of the
| 24 | | affected attendance center may prescribe;
| 25 | | 7. To apportion the pupils to the several schools; | 26 | | provided that no pupil
shall be excluded from or |
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| 1 | | segregated in any such school on account of his
color, | 2 | | race, sex, or nationality. The board shall take into | 3 | | consideration
the prevention of segregation and the | 4 | | elimination of separation of children
in public schools | 5 | | because of color, race, sex, or nationality. Except that
| 6 | | children may be committed to or attend parental and social | 7 | | adjustment schools
established and maintained either for | 8 | | boys or girls only. All records
pertaining to the | 9 | | creation, alteration or revision of attendance areas shall
| 10 | | be open to the public. Nothing herein shall limit the | 11 | | board's authority to
establish multi-area attendance | 12 | | centers or other student assignment systems
for | 13 | | desegregation purposes or otherwise, and to apportion the | 14 | | pupils to the
several schools. Furthermore, beginning in | 15 | | school year 1994-95, pursuant
to a board plan adopted by | 16 | | October 1, 1993, the board shall offer, commencing
on a | 17 | | phased-in basis, the opportunity for families within the | 18 | | school
district to apply for enrollment of their children | 19 | | in any attendance center
within the school district which | 20 | | does not have selective admission
requirements approved by | 21 | | the board. The appropriate geographical area in
which such | 22 | | open enrollment may be exercised shall be determined by | 23 | | the
board of education. Such children may be admitted to | 24 | | any such attendance
center on a space available basis | 25 | | after all children residing within such
attendance | 26 | | center's area have been accommodated. If the number of
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| 1 | | applicants from outside the attendance area exceed the | 2 | | space available,
then successful applicants shall be | 3 | | selected by lottery. The board of
education's open | 4 | | enrollment plan must include provisions that allow | 5 | | low-income students to have access to transportation | 6 | | needed to exercise school
choice. Open enrollment shall be | 7 | | in compliance with the provisions of the
Consent Decree | 8 | | and Desegregation Plan cited in Section 34-1.01;
| 9 | | 8. To approve programs and policies for providing | 10 | | transportation
services to students. Nothing herein shall | 11 | | be construed to permit or empower
the State Board of | 12 | | Education to order, mandate, or require busing or other
| 13 | | transportation of pupils for the purpose of achieving | 14 | | racial balance in any
school;
| 15 | | 9. Subject to the limitations in this Article, to | 16 | | establish and
approve system-wide curriculum objectives | 17 | | and standards, including graduation
standards, which | 18 | | reflect the
multi-cultural diversity in the city and are | 19 | | consistent with State law,
provided that for all purposes | 20 | | of this Article courses or
proficiency in American Sign | 21 | | Language shall be deemed to constitute courses
or | 22 | | proficiency in a foreign language; and to employ | 23 | | principals and teachers,
appointed as provided in this
| 24 | | Article, and fix their compensation. The board shall | 25 | | prepare such reports
related to minimal competency testing | 26 | | as may be requested by the State
Board of Education and, in |
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| 1 | | addition, shall monitor and approve special
education and | 2 | | bilingual education programs and policies within the | 3 | | district to ensure
that appropriate services are provided | 4 | | in accordance with applicable
State and federal laws to | 5 | | children requiring services and education in those
areas;
| 6 | | 10. To employ non-teaching personnel or utilize | 7 | | volunteer personnel
for: (i) non-teaching duties not | 8 | | requiring instructional judgment or
evaluation of pupils, | 9 | | including library duties; and (ii) supervising study
| 10 | | halls, long distance teaching reception areas used | 11 | | incident to instructional
programs transmitted by | 12 | | electronic media such as computers, video, and audio,
| 13 | | detention and discipline areas, and school-sponsored | 14 | | extracurricular
activities. The board may further utilize | 15 | | volunteer nonlicensed
personnel or employ nonlicensed | 16 | | personnel to
assist in the instruction of pupils under the | 17 | | immediate supervision of a
teacher holding a valid | 18 | | educator license, directly engaged in teaching
subject | 19 | | matter or conducting activities; provided that the teacher
| 20 | | shall be continuously aware of the nonlicensed persons' | 21 | | activities and
shall be able to control or modify them. | 22 | | The general superintendent shall
determine qualifications | 23 | | of such personnel and shall prescribe rules for
| 24 | | determining the duties and activities to be assigned to | 25 | | such personnel;
| 26 | | 10.5. To utilize volunteer personnel from a regional |
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| 1 | | School Crisis
Assistance Team (S.C.A.T.), created as part | 2 | | of the Safe to Learn Program
established pursuant to | 3 | | Section 25 of the Illinois Violence Prevention Act
of | 4 | | 1995, to provide assistance to schools in times of | 5 | | violence or other
traumatic incidents within a school | 6 | | community by providing crisis
intervention services to | 7 | | lessen the effects of emotional trauma on
individuals and | 8 | | the community; the School Crisis Assistance Team
Steering | 9 | | Committee shall determine the qualifications for | 10 | | volunteers;
| 11 | | 11. To provide television studio facilities in not to | 12 | | exceed one
school building and to provide programs for | 13 | | educational purposes,
provided, however, that the board | 14 | | shall not construct, acquire, operate,
or maintain a | 15 | | television transmitter; to grant the use of its studio
| 16 | | facilities to a licensed television station located in the | 17 | | school
district; and to maintain and operate not to exceed | 18 | | one school radio
transmitting station and provide programs | 19 | | for educational purposes;
| 20 | | 12. To offer, if deemed appropriate, outdoor education | 21 | | courses,
including field trips within the State of | 22 | | Illinois, or adjacent states,
and to use school | 23 | | educational funds for the expense of the said outdoor
| 24 | | educational programs, whether within the school district | 25 | | or not;
| 26 | | 13. During that period of the calendar year not |
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| 1 | | embraced within the
regular school term, to provide and | 2 | | conduct courses in subject matters
normally embraced in | 3 | | the program of the schools during the regular
school term | 4 | | and to give regular school credit for satisfactory
| 5 | | completion by the student of such courses as may be | 6 | | approved for credit
by the State Board of Education;
| 7 | | 14. To insure against any loss or liability of the | 8 | | board,
the former School Board Nominating Commission, | 9 | | Local School Councils, the
Chicago Schools Academic | 10 | | Accountability Council, or the former Subdistrict
Councils | 11 | | or of any member, officer, agent, or employee thereof, | 12 | | resulting
from alleged violations of civil rights arising | 13 | | from incidents occurring on
or after September 5, 1967 or | 14 | | from the wrongful or negligent act or
omission of any such | 15 | | person whether occurring within or without the school
| 16 | | premises, provided the officer, agent, or employee was, at | 17 | | the time of the
alleged violation of civil rights or | 18 | | wrongful act or omission, acting
within the scope of his | 19 | | or her employment or under direction of the board, the
| 20 | | former School
Board Nominating Commission, the Chicago | 21 | | Schools Academic Accountability
Council, Local School | 22 | | Councils, or the former Subdistrict Councils;
and to | 23 | | provide for or participate in insurance plans for its | 24 | | officers and
employees, including, but not limited to, | 25 | | retirement annuities, medical,
surgical and | 26 | | hospitalization benefits in such types and amounts as may |
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| 1 | | be
determined by the board; provided, however, that the | 2 | | board shall contract
for such insurance only with an | 3 | | insurance company authorized to do business
in this State. | 4 | | Such insurance may include provision for employees who | 5 | | rely
on treatment by prayer or spiritual means alone for | 6 | | healing, in accordance
with the tenets and practice of a | 7 | | recognized religious denomination;
| 8 | | 15. To contract with the corporate authorities of any | 9 | | municipality
or the county board of any county, as the | 10 | | case may be, to provide for
the regulation of traffic in | 11 | | parking areas of property used for school
purposes, in | 12 | | such manner as is provided by Section 11-209 of the
| 13 | | Illinois Vehicle Code;
| 14 | | 16. (a) To provide, on an equal basis, access to a high
| 15 | | school campus and student directory information to the
| 16 | | official recruiting representatives of the armed forces of | 17 | | Illinois and
the United States for the purposes of | 18 | | informing students of the educational
and career | 19 | | opportunities available in the military if the board has | 20 | | provided
such access to persons or groups whose purpose is | 21 | | to acquaint students with
educational or occupational | 22 | | opportunities available to them. The board
is not required | 23 | | to give greater notice regarding the right of access to
| 24 | | recruiting representatives than is given to other persons | 25 | | and groups. In
this paragraph 16, "directory information" | 26 | | means a high school
student's name, address, and telephone |
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| 1 | | number.
| 2 | | (b) If a student or his or her parent or guardian | 3 | | submits a signed,
written request to the high school | 4 | | before the end of the student's sophomore
year (or if the | 5 | | student is a transfer student, by another time set by
the | 6 | | high school) that indicates that the student or his or her | 7 | | parent or
guardian does
not want the student's directory | 8 | | information to be provided to official
recruiting | 9 | | representatives under subsection (a) of this Section, the | 10 | | high
school may not provide access to the student's | 11 | | directory information to
these recruiting representatives. | 12 | | The high school shall notify its
students and their | 13 | | parents or guardians of the provisions of this
subsection | 14 | | (b).
| 15 | | (c) A high school may require official recruiting | 16 | | representatives of
the armed forces of Illinois and the | 17 | | United States to pay a fee for copying
and mailing a | 18 | | student's directory information in an amount that is not
| 19 | | more than the actual costs incurred by the high school.
| 20 | | (d) Information received by an official recruiting | 21 | | representative
under this Section may be used only to | 22 | | provide information to students
concerning educational and | 23 | | career opportunities available in the military
and may not | 24 | | be released to a person who is not involved in recruiting
| 25 | | students for the armed forces of Illinois or the United | 26 | | States;
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| 1 | | 17. (a) To sell or market any computer program | 2 | | developed by an employee
of the school district, provided | 3 | | that such employee developed the computer
program as a | 4 | | direct result of his or her duties with the school | 5 | | district
or through the utilization of school district | 6 | | resources or facilities.
The employee who developed the | 7 | | computer program shall be entitled to share
in the | 8 | | proceeds of such sale or marketing of the computer | 9 | | program. The
distribution of such proceeds between the | 10 | | employee and the school district
shall be as agreed upon | 11 | | by the employee and the school district, except
that | 12 | | neither the employee nor the school district may receive | 13 | | more than 90%
of such proceeds. The negotiation for an | 14 | | employee who is represented by an
exclusive bargaining | 15 | | representative may be conducted by such bargaining
| 16 | | representative at the employee's request.
| 17 | | (b) For the purpose of this paragraph 17:
| 18 | | (1) "Computer" means an internally programmed, | 19 | | general purpose digital
device capable of | 20 | | automatically accepting data, processing data and | 21 | | supplying
the results of the operation.
| 22 | | (2) "Computer program" means a series of coded | 23 | | instructions or
statements in a form acceptable to a | 24 | | computer, which causes the computer to
process data in | 25 | | order to achieve a certain result.
| 26 | | (3) "Proceeds" means profits derived from the |
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| 1 | | marketing or sale of a product
after deducting the | 2 | | expenses of developing and marketing such product;
| 3 | | 18. To delegate to the general superintendent of
| 4 | | schools, by resolution, the authority to approve contracts | 5 | | and expenditures
in amounts of $35,000 $10,000 or less;
| 6 | | 19. Upon the written request of an employee, to | 7 | | withhold from
the compensation of that employee any dues, | 8 | | payments, or contributions
payable by such employee to any | 9 | | labor organization as defined in the
Illinois Educational | 10 | | Labor Relations Act. Under such arrangement, an
amount | 11 | | shall be withheld from each regular payroll period which | 12 | | is equal to
the pro rata share of the annual dues plus any | 13 | | payments or contributions,
and the board shall transmit | 14 | | such withholdings to the specified labor
organization | 15 | | within 10 working days from the time of the withholding;
| 16 | | 19a. Upon receipt of notice from the comptroller of a | 17 | | municipality with
a population of 500,000 or more, a | 18 | | county with a population of 3,000,000 or
more, the Cook | 19 | | County Forest Preserve District, the Chicago Park | 20 | | District, the
Metropolitan Water Reclamation District, the | 21 | | Chicago Transit Authority, or
a housing authority of a | 22 | | municipality with a population of 500,000 or more
that a | 23 | | debt is due and owing the municipality, the county, the | 24 | | Cook County
Forest Preserve District, the Chicago Park | 25 | | District, the Metropolitan Water
Reclamation District, the | 26 | | Chicago Transit Authority, or the housing authority
by an |
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| 1 | | employee of the Chicago Board of Education, to withhold, | 2 | | from the
compensation of that employee, the amount of the | 3 | | debt that is due and owing
and pay the amount withheld to | 4 | | the municipality, the county, the Cook County
Forest | 5 | | Preserve District, the Chicago Park District, the | 6 | | Metropolitan Water
Reclamation District, the Chicago | 7 | | Transit Authority, or the housing authority;
provided, | 8 | | however, that the amount
deducted from any one salary or | 9 | | wage payment shall not exceed 25% of the net
amount of the | 10 | | payment. Before the Board deducts any amount from any | 11 | | salary or
wage of an employee under this paragraph, the | 12 | | municipality, the county, the
Cook County Forest Preserve | 13 | | District, the Chicago Park District, the
Metropolitan | 14 | | Water Reclamation District, the Chicago Transit Authority, | 15 | | or the
housing authority shall certify that (i) the | 16 | | employee has been afforded an
opportunity for a hearing to | 17 | | dispute the debt that is due and owing the
municipality, | 18 | | the county, the Cook County Forest Preserve District, the | 19 | | Chicago
Park District, the Metropolitan Water Reclamation | 20 | | District, the Chicago Transit
Authority, or the housing | 21 | | authority and (ii) the employee has received notice
of a | 22 | | wage deduction order and has been afforded an opportunity | 23 | | for a hearing to
object to the order. For purposes of this | 24 | | paragraph, "net amount" means that
part of the salary or | 25 | | wage payment remaining after the deduction of any amounts
| 26 | | required by law to be deducted and "debt due and owing" |
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| 1 | | means (i) a specified
sum of money owed to the | 2 | | municipality, the county, the Cook County Forest
Preserve | 3 | | District, the Chicago Park District, the Metropolitan | 4 | | Water
Reclamation District, the Chicago Transit Authority, | 5 | | or the housing authority
for services, work, or goods, | 6 | | after the period granted for payment has expired,
or (ii) | 7 | | a specified sum of money owed to the municipality, the | 8 | | county, the Cook
County Forest Preserve District, the | 9 | | Chicago Park District, the Metropolitan
Water Reclamation | 10 | | District, the Chicago Transit Authority, or the housing
| 11 | | authority pursuant to a court order or order of an | 12 | | administrative hearing
officer after the exhaustion of, or | 13 | | the failure to exhaust, judicial review;
| 14 | | 20. The board is encouraged to employ a sufficient | 15 | | number of
licensed school counselors to maintain a | 16 | | student/counselor ratio of 250 to
1. Each counselor shall | 17 | | spend at least 75% of his work
time in direct contact with | 18 | | students and shall maintain a record of such time;
| 19 | | 21. To make available to students vocational and | 20 | | career
counseling and to establish 5 special career | 21 | | counseling days for students
and parents. On these days | 22 | | representatives of local businesses and
industries shall | 23 | | be invited to the school campus and shall inform students
| 24 | | of career opportunities available to them in the various | 25 | | businesses and
industries. Special consideration shall be | 26 | | given to counseling minority
students as to career |
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| 1 | | opportunities available to them in various fields.
For the | 2 | | purposes of this paragraph, minority student means a | 3 | | person who is any of the following:
| 4 | | (a) American Indian or Alaska Native (a person having | 5 | | origins in any of the original peoples of North and South | 6 | | America, including Central America, and who maintains | 7 | | tribal affiliation or community attachment). | 8 | | (b) Asian (a person having origins in any of the | 9 | | original peoples of the Far East, Southeast Asia, or the | 10 | | Indian subcontinent, including, but not limited to, | 11 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 12 | | the Philippine Islands, Thailand, and Vietnam). | 13 | | (c) Black or African American (a person having origins | 14 | | in any of the black racial groups of Africa). | 15 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 16 | | Puerto Rican, South or Central American, or other Spanish | 17 | | culture or origin, regardless of race). | 18 | | (e) Native Hawaiian or Other Pacific Islander (a | 19 | | person having origins in any of the original peoples of | 20 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 21 | | Counseling days shall not be in lieu of regular school | 22 | | days;
| 23 | | 22. To report to the State Board of Education the | 24 | | annual
student dropout rate and number of students who | 25 | | graduate from, transfer
from, or otherwise leave bilingual | 26 | | programs;
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| 1 | | 23. Except as otherwise provided in the Abused and | 2 | | Neglected Child
Reporting Act or other applicable State or | 3 | | federal law, to permit school
officials to withhold, from | 4 | | any person, information on the whereabouts of
any child | 5 | | removed from school premises when the child has been taken | 6 | | into
protective custody as a victim of suspected child | 7 | | abuse. School officials
shall direct such person to the | 8 | | Department of Children and Family Services
or to the local | 9 | | law enforcement agency, if appropriate;
| 10 | | 24. To develop a policy, based on the current state of | 11 | | existing school
facilities, projected enrollment, and | 12 | | efficient utilization of available
resources, for capital | 13 | | improvement of schools and school buildings within
the | 14 | | district, addressing in that policy both the relative | 15 | | priority for
major repairs, renovations, and additions to | 16 | | school facilities and the
advisability or necessity of | 17 | | building new school facilities or closing
existing schools | 18 | | to meet current or projected demographic patterns within
| 19 | | the district;
| 20 | | 25. To make available to the students in every high | 21 | | school attendance
center the ability to take all courses | 22 | | necessary to comply with the Board
of Higher Education's | 23 | | college entrance criteria effective in 1993;
| 24 | | 26. To encourage mid-career changes into the teaching | 25 | | profession,
whereby qualified professionals become | 26 | | licensed teachers, by allowing
credit for professional |
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| 1 | | employment in related fields when determining point
of | 2 | | entry on the teacher pay scale;
| 3 | | 27. To provide or contract out training programs for | 4 | | administrative
personnel and principals with revised or | 5 | | expanded duties pursuant to this Code
in order to ensure | 6 | | they have the knowledge and skills to perform
their | 7 | | duties;
| 8 | | 28. To establish a fund for the prioritized special | 9 | | needs programs, and
to allocate such funds and other lump | 10 | | sum amounts to each attendance center
in a manner | 11 | | consistent with the provisions of part 4 of Section | 12 | | 34-2.3.
Nothing in this paragraph shall be construed to | 13 | | require any additional
appropriations of State funds for | 14 | | this purpose;
| 15 | | 29. (Blank);
| 16 | | 30. Notwithstanding any other provision of this Act or | 17 | | any other law to
the contrary, to contract with third | 18 | | parties for services otherwise performed
by employees, | 19 | | including those in a bargaining unit, and to layoff those
| 20 | | employees upon 14 days written notice to the affected | 21 | | employees. Those
contracts may be for a period not to | 22 | | exceed 5 years and may be awarded on a
system-wide basis. | 23 | | The board may not operate more than 30 contract schools, | 24 | | provided that the board may operate an additional 5 | 25 | | contract turnaround schools pursuant to item (5.5) of | 26 | | subsection (d) of Section 34-8.3 of this Code, and the |
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| 1 | | governing bodies of contract schools are subject to the | 2 | | Freedom of Information Act and Open Meetings Act;
| 3 | | 31. To promulgate rules establishing procedures | 4 | | governing the layoff or
reduction in force of employees | 5 | | and the recall of such employees, including,
but not | 6 | | limited to, criteria for such layoffs, reductions in force | 7 | | or recall
rights of such employees and the weight to be | 8 | | given to any particular
criterion. Such criteria shall | 9 | | take into account factors, including, but not
limited to, | 10 | | qualifications, certifications, experience, performance | 11 | | ratings or
evaluations, and any other factors relating to | 12 | | an employee's job performance;
| 13 | | 32. To develop a policy to prevent nepotism in the | 14 | | hiring of personnel
or the selection of contractors;
| 15 | | 33. (Blank); and
| 16 | | 34. To establish a Labor Management Council to the | 17 | | board
comprised of representatives of the board, the chief | 18 | | executive
officer, and those labor organizations that are | 19 | | the exclusive
representatives of employees of the board | 20 | | and to promulgate
policies and procedures for the | 21 | | operation of the Council.
| 22 | | The specifications of the powers herein granted are not to | 23 | | be
construed as exclusive, but the board shall also exercise | 24 | | all other
powers that may be requisite or proper for the | 25 | | maintenance and the
development of a public school system, not | 26 | | inconsistent with the other
provisions of this Article or |
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| 1 | | provisions of this Code which apply to all
school districts.
| 2 | | In addition to the powers herein granted and authorized to | 3 | | be exercised
by the board, it shall be the duty of the board to | 4 | | review or to direct
independent reviews of special education | 5 | | expenditures and services.
The board shall file a report of | 6 | | such review with the General Assembly on
or before May 1, 1990.
| 7 | | (Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; | 8 | | 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff. | 9 | | 5-20-22.)
| 10 | | (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
| 11 | | Sec. 34-21.3. Contracts. The board shall by record vote | 12 | | let all
contracts (other than those excepted
by Section | 13 | | 10-20.21 of this The School Code) for supplies, materials,
or | 14 | | work , and contracts with private carriers for transportation
| 15 | | of pupils , involving an expenditure in excess of $35,000 | 16 | | $25,000 or a lower amount as required by board policy by | 17 | | competitive
bidding as provided in Section 10-20.21 of this | 18 | | The School Code.
| 19 | | The board may delegate to the general superintendent of | 20 | | schools, by
resolution, the authority to approve contracts in | 21 | | amounts of $35,000 $25,000 or
less.
| 22 | | For a period of one year from and after the expiration or | 23 | | other termination
of his or her term of office as a member of | 24 | | the board: (i) the former board
member shall not be eligible | 25 | | for employment nor be employed by the board, a
local school |
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| 1 | | council, an attendance center, or any other
subdivision or | 2 | | agent of the board or the school district governed by the | 3 | | board,
and (ii) neither the board nor the chief purchasing | 4 | | officer shall let or
delegate
authority to let any contract | 5 | | for
services, employment, or other work to the former board | 6 | | member or to any
corporation,
partnership, association, sole | 7 | | proprietorship, or other entity other than
publicly traded | 8 | | companies from which the
former board member receives an | 9 | | annual income, dividends, or other compensation
in excess of | 10 | | $1,500. Any contract that is entered into by or under a
| 11 | | delegation of authority from the board or the chief purchasing | 12 | | officer shall
contain a
provision stating that
the contract is | 13 | | not legally binding on the board if entered into in violation
| 14 | | of the provisions of this paragraph.
| 15 | | In addition, the State Board of Education, in consultation | 16 | | with the board,
shall (i) review existing conflict of interest | 17 | | and disclosure laws or
regulations that are applicable to the | 18 | | executive officers and governing boards
of school districts | 19 | | organized under this Article and school districts
generally, | 20 | | (ii) determine what additional disclosure and conflict of | 21 | | interest
provisions would enhance the reputation and fiscal | 22 | | integrity of the board and
the procedure under which contracts | 23 | | for goods and services are let, and (iii)
develop appropriate | 24 | | reporting forms and procedures applicable to the executive
| 25 | | officers, governing board, and other officials of the school | 26 | | district.
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| 1 | | (Source: P.A. 95-990, eff. 10-3-08.)
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