Full Text of SB2259 98th General Assembly
SB2259 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2259 Introduced 2/15/2013, by Sen. Wm. Sam McCann SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/3-11 | from Ch. 122, par. 3-11 | 105 ILCS 5/10-19 | from Ch. 122, par. 10-19 | 105 ILCS 5/10-19.1 | from Ch. 122, par. 10-19.1 | 105 ILCS 5/34-18 | from Ch. 122, par. 34-18 |
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Amends the School Code. Provides that teachers must be provided with and a teacher must annually complete 20 hours of inservice training, 10 hours of which a teacher may complete through online learning if the online learning requires proof of proficiency. With respect to the opening date of a school term, provides that student instruction may begin no earlier than the day after Labor Day. Requires the calendar for a school term to provide for a minimum of 880 instructional hours in no more than 176 days of actual pupil attendance and at least 45 professional development hours for teachers, to be scheduled as any collective bargaining agreement allows; makes related changes. Provides that as part of its calendar for the school term, a school board shall schedule 5 emergency closure days, and the school board shall adopt a contingency plan for when emergency closure days are used during a school year to make up for a minimum of 25 lost instructional hours. Effective July 1, 2013.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 3-11, 10-19, 10-19.1, and 34-18 as follows:
| 6 | | (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
| 7 | | Sec. 3-11. Institutes or inservice training workshops. In | 8 | | counties
of less than 2,000,000 inhabitants, the regional | 9 | | superintendent may
arrange for or conduct district, regional, | 10 | | or county institutes, or
equivalent professional educational | 11 | | experiences, not more than 4 days
annually. Of those 4 days, 2 | 12 | | days may be used as a teacher's and educational support | 13 | | personnel workshop,
when approved by the regional | 14 | | superintendent, up to 2 days may be used
for conducting | 15 | | parent-teacher conferences, or up to 2 days may be utilized
as | 16 | | parental institute days as provided in Section 10-22.18d. | 17 | | Educational support personnel may be exempt from a workshop if | 18 | | the workshop is not relevant to the work they do. A school
| 19 | | district may use one of its 4 institute days on the last day of | 20 | | the school
term. "Institute" or "Professional educational | 21 | | experiences" means any
educational gathering, demonstration of | 22 | | methods of instruction,
visitation of schools or other | 23 | | institutions or facilities, sexual
abuse and sexual assault |
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| 1 | | awareness seminar, or training in First Aid (which may include | 2 | | cardiopulmonary resuscitation or defibrillator training) held | 3 | | or approved
by the regional superintendent and declared by him | 4 | | to be an institute day,
or parent-teacher conferences. With the | 5 | | concurrence of the State
Superintendent of Education, he or she | 6 | | may employ such assistance as is
necessary
to conduct the | 7 | | institute. Two or more adjoining counties may jointly hold
an | 8 | | institute. Institute instruction shall be free to holders of
| 9 | | certificates good in the county or counties holding the | 10 | | institute, and to
those who have paid an examination fee and | 11 | | failed to receive a certificate.
| 12 | | In counties of 2,000,000 or more inhabitants, the regional
| 13 | | superintendent may arrange for or conduct district, regional, | 14 | | or county
inservice training workshops, or equivalent | 15 | | professional educational
experiences, not more than 4 days | 16 | | annually. Of those 4 days, 2
days may be used as a teacher's | 17 | | and educational support
personnel workshop, when approved by | 18 | | the regional
superintendent, up to 2 days may
be used for | 19 | | conducting parent-teacher conferences, or up to 2 days may be
| 20 | | utilized as parental institute days as provided in Section | 21 | | 10-22.18d. Educational support personnel may be exempt from a | 22 | | workshop if
the workshop is not relevant to the work they do. A
| 23 | | school district may use one of those 4 days on the last day of | 24 | | the school
term. "Inservice Training Workshops" or | 25 | | "Professional educational
experiences" means any educational | 26 | | gathering, demonstration of methods of
instruction, visitation |
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| 1 | | of schools or other institutions or
facilities, sexual abuse | 2 | | and sexual assault awareness seminar, or training in First Aid | 3 | | (which may include cardiopulmonary resuscitation or | 4 | | defibrillator training) held
or approved by the regional | 5 | | superintendent and declared by him to be
an inservice training | 6 | | workshop, or parent-teacher conferences. With the
concurrence | 7 | | of the State Superintendent of Education, he may employ such
| 8 | | assistance as is necessary to conduct the inservice training | 9 | | workshop.
With the approval of the regional superintendent, 2 | 10 | | or more adjoining
districts may jointly hold an inservice | 11 | | training workshop. In addition,
with the approval of the | 12 | | regional superintendent, one district may conduct
its own | 13 | | inservice training workshop with subject matter consultants
| 14 | | requested from the county, State or any State institution of | 15 | | higher learning.
| 16 | | Such teachers institutes as referred to in this Section may | 17 | | be held
on consecutive or separate days at the option of the | 18 | | regional
superintendent having jurisdiction thereof.
| 19 | | Whenever reference is made in this Act to "teachers | 20 | | institute", it
shall be construed to include the inservice | 21 | | training workshops or
equivalent professional educational | 22 | | experiences provided for in this Section.
| 23 | | Any institute advisory committee existing on April 1, 1995, | 24 | | is dissolved
and the duties and responsibilities of the | 25 | | institute advisory committee are
assumed by the regional office | 26 | | of education advisory board.
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| 1 | | Districts providing inservice training programs shall | 2 | | constitute inservice
committees, 1/2 of which shall be | 3 | | teachers, 1/4 school service personnel
and 1/4 administrators | 4 | | to establish program content and schedules.
| 5 | | The teachers institutes shall include teacher training | 6 | | committed to (i)
peer counseling programs and other | 7 | | anti-violence and conflict
resolution programs, including | 8 | | without limitation programs for preventing at
risk students | 9 | | from committing violent acts, and (ii) educator ethics and | 10 | | teacher-student conduct. Beginning with the 2009-2010 school | 11 | | year, the teachers institutes shall include instruction on | 12 | | prevalent student chronic health conditions.
| 13 | | Teachers must be provided with and a teacher must annually | 14 | | complete 20 hours of inservice training, 10 hours of which a | 15 | | teacher may complete through online learning if the online | 16 | | learning requires proof of proficiency. | 17 | | (Source: P.A. 96-431, eff. 8-13-09; 97-525, eff. 1-1-12.)
| 18 | | (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
| 19 | | Sec. 10-19. Length of school term - experimental programs. | 20 | | Each school
board shall annually prepare a calendar for the | 21 | | school term, specifying
the opening and closing dates and | 22 | | providing a minimum term of at least 185
days to insure 176 | 23 | | days of actual pupil attendance, computable under Section
| 24 | | 18-8.05, except that for the 1980-1981 school year only 175 | 25 | | days
of actual
pupil attendance shall be required because of |
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| 1 | | the closing of schools pursuant
to Section 24-2 on January 29, | 2 | | 1981 upon the appointment by the President
of that day as a day | 3 | | of thanksgiving for the freedom of the Americans who
had been | 4 | | held hostage in Iran. With respect to the opening date of a | 5 | | school term, student instruction may begin no earlier than the | 6 | | day after Labor Day. The calendar for the school term shall | 7 | | provide for a minimum of 880 instructional hours in no more | 8 | | than the 176 days of actual pupil attendance and at least 45 | 9 | | professional development hours for teachers, to be scheduled as | 10 | | any collective bargaining agreement allows. Any days allowed by | 11 | | law for teachers'
institute but not used as such or used as | 12 | | parental institutes as provided
in Section 10-22.18d shall | 13 | | increase the minimum term by the school days not
so used. | 14 | | Except as provided in Section 10-19.1, the board may not extend
| 15 | | the school term beyond such closing date unless that extension | 16 | | of term is
necessary to provide the minimum number of | 17 | | computable days. In case of
such necessary extension school | 18 | | employees
shall be paid for such additional time on the basis | 19 | | of their regular
contracts. A school board may specify a | 20 | | closing date earlier than that
set on the annual calendar when | 21 | | the schools of the district have
provided the minimum number of | 22 | | computable days under this Section.
Nothing in this Section | 23 | | prevents the board from employing
superintendents of schools, | 24 | | principals and other nonteaching personnel
for a period of 12 | 25 | | months, or in the case of superintendents for a
period in | 26 | | accordance with Section 10-23.8, or prevents the board from
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| 1 | | employing other personnel before or after the regular school | 2 | | term with
payment of salary proportionate to that received for | 3 | | comparable work
during the school term.
| 4 | | As part of its calendar for the school term, a school board | 5 | | shall schedule 5 emergency closure days. The school board shall | 6 | | adopt a contingency plan for when emergency closure days are | 7 | | used during a school year to make up for a minimum of 25 lost | 8 | | instructional hours, which may include offering a longer school | 9 | | year and banking the additional hours so that lost days do not | 10 | | have to be made up at a later date. The plan may also provide | 11 | | for a longer school day with an earlier closing date if all of | 12 | | the emergency closure days are not used. | 13 | | A school board may make such changes in its calendar for | 14 | | the school term
as may be required by any changes in the legal | 15 | | school holidays prescribed
in Section 24-2. A school board may | 16 | | make changes in its calendar for the
school term as may be | 17 | | necessary to reflect the utilization of teachers'
institute | 18 | | days as parental institute days as provided in Section | 19 | | 10-22.18d.
| 20 | | The calendar for the school term and any changes must be | 21 | | submitted to and approved by the regional superintendent of | 22 | | schools before the calendar or changes may take effect.
| 23 | | With the prior approval of the State Board of Education and | 24 | | subject
to review by the State Board of Education every 3 | 25 | | years, any school
board may, by resolution of its board and in | 26 | | agreement with affected
exclusive collective bargaining |
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| 1 | | agents, establish experimental
educational programs, including | 2 | | but not limited to programs for
self-directed learning or | 3 | | outside of formal class periods, which programs
when so | 4 | | approved shall be considered to comply with the requirements of
| 5 | | this Section as respects numbers of days of actual pupil | 6 | | attendance and
with the other requirements of this Act as | 7 | | respects courses of instruction.
| 8 | | (Source: P.A. 93-1036, eff. 9-14-04.)
| 9 | | (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
| 10 | | Sec. 10-19.1. Full year school plan. | 11 | | (a) Any school district may, by resolution of its board, | 12 | | operate one or
more schools within the district on a full year | 13 | | school plan approved by
the State Board of Education.
Any board | 14 | | which operates under
this subsection (a) shall devise a plan so | 15 | | that (i) a student's required attendance
in school during a | 16 | | 12-month period shall be for not less than the a minimum number | 17 | | of instructional hours and days term of 180 days of actual | 18 | | pupil attendance required by Section 10-19 of this Code for the | 19 | | school year during which that 12-month period commences , plus
| 20 | | including not more than 4 institute days , and (ii) the minimum | 21 | | professional development hours for teachers required by | 22 | | Section 10-19 of this Code are met, to be scheduled as any | 23 | | collective bargaining agreement allows , during a 12 month | 24 | | period, but
shall not exceed 185 days. Under such plan, no | 25 | | teacher shall be required
to teach more than 185 days . A |
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| 1 | | calendar offering a greater number of instructional hours of | 2 | | 180 days may be established
with the approval of the State | 3 | | Board of Education.
| 4 | | (b) Any school board that operates one or more schools | 5 | | within the school district on a pilot full-year school plan | 6 | | under subsection (a-5) of Section 2-3.25f of this Code shall | 7 | | devise a plan so that a student's required attendance in school | 8 | | shall be for a minimum term of 215 days of actual attendance, | 9 | | including not more than 4 institute days, during a 12-month | 10 | | period. A calendar of 215 days may be established with the | 11 | | approval of the State Board of Education. | 12 | | (Source: P.A. 97-370, eff. 1-1-12.)
| 13 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 14 | | Sec. 34-18. Powers of the board. The board shall exercise | 15 | | general
supervision and jurisdiction over the public education | 16 | | and the public
school system of the city, and, except as | 17 | | otherwise provided by this
Article, shall have power:
| 18 | | 1. To make suitable provision for the establishment and | 19 | | maintenance
throughout the year or for such portion thereof | 20 | | as it may direct, but for not
less than the minimum term | 21 | | required by Section 10-19 of this Code in order to ensure | 22 | | the minimum number of instructional hours and days of | 23 | | actual pupil attendance as required by Section 10-19 of | 24 | | this Code 9 months , of schools of all grades and kinds, | 25 | | including normal
schools, high schools, night schools, |
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| 1 | | schools for defectives and
delinquents, parental and | 2 | | truant schools, schools for the blind, the
deaf and the | 3 | | physically disabled, schools or classes in manual | 4 | | training,
constructural and vocational teaching, domestic | 5 | | arts and physical
culture, vocation and extension schools | 6 | | and lecture courses, and all
other educational courses and | 7 | | facilities, including establishing,
equipping, maintaining | 8 | | and operating playgrounds and recreational
programs, when | 9 | | such programs are conducted in, adjacent to, or connected
| 10 | | with any public school under the general supervision and | 11 | | jurisdiction
of the board; provided that (i) with respect | 12 | | to the opening date of a school term, student instruction | 13 | | may begin no earlier than the day after Labor Day, (ii) the | 14 | | calendar for the school term shall provide for the minimum | 15 | | professional development hours for teachers required by | 16 | | Section 10-19 of this Code, to be scheduled as the | 17 | | collective bargaining agreement allows, (iii) the calendar | 18 | | for the school term and any changes must be submitted to | 19 | | and approved by the State Board of Education before the | 20 | | calendar or changes may take effect, and (iv) provided that | 21 | | in allocating funds
from year to year for the operation of | 22 | | all attendance centers within the
district, the board shall | 23 | | ensure that supplemental general State aid funds
are | 24 | | allocated and applied in accordance with Section 18-8 or | 25 | | 18-8.05. As part of its calendar for the school term, the | 26 | | board shall schedule 5 emergency closure days. The board |
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| 1 | | shall adopt a contingency plan for when emergency closure | 2 | | days are used during a school year to make up for a minimum | 3 | | of 25 lost instructional hours, which may include offering | 4 | | a longer school year and banking the additional hours so | 5 | | that lost days do not have to be made up at a later date. | 6 | | The plan may also provide for a longer school day with an | 7 | | earlier closing date if all of the emergency closure days | 8 | | are not used. To
admit to such
schools without charge | 9 | | foreign exchange students who are participants in
an | 10 | | organized exchange student program which is authorized by | 11 | | the board.
The board shall permit all students to enroll in | 12 | | apprenticeship programs
in trade schools operated by the | 13 | | board, whether those programs are
union-sponsored or not. | 14 | | No student shall be refused admission into or
be excluded | 15 | | from any course of instruction offered in the common | 16 | | schools
by reason of that student's sex. No student shall | 17 | | be denied equal
access to physical education and | 18 | | interscholastic athletic programs
supported from school | 19 | | district funds or denied participation in
comparable | 20 | | physical education and athletic programs solely by reason | 21 | | of
the student's sex. Equal access to programs supported | 22 | | from school
district funds and comparable programs will be | 23 | | defined in rules
promulgated by the State Board of | 24 | | Education in
consultation with the Illinois High School | 25 | | Association.
Notwithstanding any other provision of this | 26 | | Article, neither the board
of education nor any local |
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| 1 | | school council or other school official shall
recommend | 2 | | that children with disabilities be placed into regular | 3 | | education
classrooms unless those children with | 4 | | disabilities are provided with
supplementary services to | 5 | | assist them so that they benefit from the regular
classroom | 6 | | instruction and are included on the teacher's regular | 7 | | education
class register;
| 8 | | 2. To furnish lunches to pupils, to make a reasonable | 9 | | charge
therefor, and to use school funds for the payment of | 10 | | such expenses as
the board may determine are necessary in | 11 | | conducting the school lunch
program;
| 12 | | 3. To co-operate with the circuit court;
| 13 | | 4. To make arrangements with the public or quasi-public | 14 | | libraries
and museums for the use of their facilities by | 15 | | teachers and pupils of
the public schools;
| 16 | | 5. To employ dentists and prescribe their duties for | 17 | | the purpose of
treating the pupils in the schools, but | 18 | | accepting such treatment shall
be optional with parents or | 19 | | guardians;
| 20 | | 6. To grant the use of assembly halls and classrooms | 21 | | when not
otherwise needed, including light, heat, and | 22 | | attendants, for free public
lectures, concerts, and other | 23 | | educational and social interests, free of
charge, under | 24 | | such provisions and control as the principal of the
| 25 | | affected attendance center may prescribe;
| 26 | | 7. To apportion the pupils to the several schools; |
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| 1 | | provided that no pupil
shall be excluded from or segregated | 2 | | in any such school on account of his
color, race, sex, or | 3 | | nationality. The board shall take into consideration
the | 4 | | prevention of segregation and the elimination of | 5 | | separation of children
in public schools because of color, | 6 | | race, sex, or nationality. Except that
children may be | 7 | | committed to or attend parental and social adjustment | 8 | | schools
established and maintained either for boys or girls | 9 | | only. All records
pertaining to the creation, alteration or | 10 | | revision of attendance areas shall
be open to the public. | 11 | | Nothing herein shall limit the board's authority to
| 12 | | establish multi-area attendance centers or other student | 13 | | assignment systems
for desegregation purposes or | 14 | | otherwise, and to apportion the pupils to the
several | 15 | | schools. Furthermore, beginning in school year 1994-95, | 16 | | pursuant
to a board plan adopted by October 1, 1993, the | 17 | | board shall offer, commencing
on a phased-in basis, the | 18 | | opportunity for families within the school
district to | 19 | | apply for enrollment of their children in any attendance | 20 | | center
within the school district which does not have | 21 | | selective admission
requirements approved by the board. | 22 | | The appropriate geographical area in
which such open | 23 | | enrollment may be exercised shall be determined by the
| 24 | | board of education. Such children may be admitted to any | 25 | | such attendance
center on a space available basis after all | 26 | | children residing within such
attendance center's area |
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| 1 | | have been accommodated. If the number of
applicants from | 2 | | outside the attendance area exceed the space available,
| 3 | | then successful applicants shall be selected by lottery. | 4 | | The board of
education's open enrollment plan must include | 5 | | provisions that allow low
income students to have access to | 6 | | transportation needed to exercise school
choice. Open | 7 | | enrollment shall be in compliance with the provisions of | 8 | | the
Consent Decree and Desegregation Plan cited in Section | 9 | | 34-1.01;
| 10 | | 8. To approve programs and policies for providing | 11 | | transportation
services to students. Nothing herein shall | 12 | | be construed to permit or empower
the State Board of | 13 | | Education to order, mandate, or require busing or other
| 14 | | transportation of pupils for the purpose of achieving | 15 | | racial balance in any
school;
| 16 | | 9. Subject to the limitations in this Article, to | 17 | | establish and
approve system-wide curriculum objectives | 18 | | and standards, including graduation
standards, which | 19 | | reflect the
multi-cultural diversity in the city and are | 20 | | consistent with State law,
provided that for all purposes | 21 | | of this Article courses or
proficiency in American Sign | 22 | | Language shall be deemed to constitute courses
or | 23 | | proficiency in a foreign language; and to employ principals | 24 | | and teachers,
appointed as provided in this
Article, and | 25 | | fix their compensation. The board shall prepare such | 26 | | reports
related to minimal competency testing as may be |
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| 1 | | requested by the State
Board of Education, and in addition | 2 | | shall monitor and approve special
education and bilingual | 3 | | education programs and policies within the district to
| 4 | | assure that appropriate services are provided in | 5 | | accordance with applicable
State and federal laws to | 6 | | children requiring services and education in those
areas;
| 7 | | 10. To employ non-teaching personnel or utilize | 8 | | volunteer personnel
for: (i) non-teaching duties not | 9 | | requiring instructional judgment or
evaluation of pupils, | 10 | | including library duties; and (ii) supervising study
| 11 | | halls, long distance teaching reception areas used | 12 | | incident to instructional
programs transmitted by | 13 | | electronic media such as computers, video, and audio,
| 14 | | detention and discipline areas, and school-sponsored | 15 | | extracurricular
activities. The board may further utilize | 16 | | volunteer non-certificated
personnel or employ | 17 | | non-certificated personnel to
assist in the instruction of | 18 | | pupils under the immediate supervision of a
teacher holding | 19 | | a valid certificate, directly engaged in teaching
subject | 20 | | matter or conducting activities; provided that the teacher
| 21 | | shall be continuously aware of the non-certificated | 22 | | persons' activities and
shall be able to control or modify | 23 | | them. The general superintendent shall
determine | 24 | | qualifications of such personnel and shall prescribe rules | 25 | | for
determining the duties and activities to be assigned to | 26 | | such personnel;
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| 1 | | 10.5. To utilize volunteer personnel from a regional | 2 | | School Crisis
Assistance Team (S.C.A.T.), created as part | 3 | | of the Safe to Learn Program
established pursuant to | 4 | | Section 25 of the Illinois Violence Prevention Act
of 1995, | 5 | | to provide assistance to schools in times of violence or | 6 | | other
traumatic incidents within a school community by | 7 | | providing crisis
intervention services to lessen the | 8 | | effects of emotional trauma on
individuals and the | 9 | | community; the School Crisis Assistance Team
Steering | 10 | | Committee shall determine the qualifications for | 11 | | volunteers;
| 12 | | 11. To provide television studio facilities in not to | 13 | | exceed one
school building and to provide programs for | 14 | | educational purposes,
provided, however, that the board | 15 | | shall not construct, acquire, operate,
or maintain a | 16 | | television transmitter; to grant the use of its studio
| 17 | | facilities to a licensed television station located in the | 18 | | school
district; and to maintain and operate not to exceed | 19 | | one school radio
transmitting station and provide programs | 20 | | for educational purposes;
| 21 | | 12. To offer, if deemed appropriate, outdoor education | 22 | | courses,
including field trips within the State of | 23 | | Illinois, or adjacent states,
and to use school educational | 24 | | funds for the expense of the said outdoor
educational | 25 | | programs, whether within the school district 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 the | 3 | | program of the schools during the regular
school term and | 4 | | to give regular school credit for satisfactory
completion | 5 | | by the student of such courses as may be approved for | 6 | | 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 | | employment or under direction of the board, the
former | 20 | | School
Board Nominating Commission, the Chicago Schools | 21 | | Academic Accountability
Council, Local School Councils, or | 22 | | the former Subdistrict Councils;
and to provide for or | 23 | | participate in insurance plans for its officers and
| 24 | | employees, including but not limited to retirement | 25 | | annuities, medical,
surgical and hospitalization benefits | 26 | | in such types and amounts as may be
determined by the |
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| 1 | | board; provided, however, that the board shall contract
for | 2 | | such insurance only with an insurance company authorized to | 3 | | do business
in this State. Such insurance may include | 4 | | provision for employees who rely
on treatment by prayer or | 5 | | spiritual means alone for healing, in accordance
with the | 6 | | tenets and practice of a recognized religious | 7 | | denomination;
| 8 | | 15. To contract with the corporate authorities of any | 9 | | municipality
or the county board of any county, as the case | 10 | | may be, to provide for
the regulation of traffic in parking | 11 | | areas of property used for school
purposes, in such manner | 12 | | as is provided by Section 11-209 of The
Illinois Vehicle | 13 | | Code, approved September 29, 1969, as amended;
| 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 before | 4 | | the end of the student's sophomore
year (or if the student | 5 | | is a transfer student, by another time set by
the high | 6 | | 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 parents | 13 | | or guardians of the provisions of this
subsection (b).
| 14 | | (c) A high school may require official recruiting | 15 | | representatives of
the armed forces of Illinois and the | 16 | | United States to pay a fee for copying
and mailing a | 17 | | student's directory information in an amount that is not
| 18 | | more than the actual costs incurred by the high school.
| 19 | | (d) Information received by an official recruiting | 20 | | representative
under this Section may be used only to | 21 | | provide information to students
concerning educational and | 22 | | career opportunities available in the military
and may not | 23 | | be released to a person who is not involved in recruiting
| 24 | | students for the armed forces of Illinois or the United | 25 | | States;
| 26 | | 17. (a) To sell or market any computer program |
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| 1 | | developed by an employee
of the school district, provided | 2 | | that such employee developed the computer
program as a | 3 | | direct result of his or her duties with the school district
| 4 | | or through the utilization of the school district resources | 5 | | or facilities.
The employee who developed the computer | 6 | | program shall be entitled to share
in the proceeds of such | 7 | | sale or marketing of the computer program. The
distribution | 8 | | of such proceeds between the employee and the school | 9 | | district
shall be as agreed upon by the employee and the | 10 | | school district, except
that neither the employee nor the | 11 | | school district may receive more than 90%
of such proceeds. | 12 | | The negotiation for an employee who is represented by an
| 13 | | exclusive bargaining representative may be conducted by | 14 | | such bargaining
representative at the employee's request.
| 15 | | (b) For the purpose of this paragraph 17:
| 16 | | (1) "Computer" means an internally programmed, | 17 | | general purpose digital
device capable of | 18 | | automatically accepting data, processing data and | 19 | | supplying
the results of the operation.
| 20 | | (2) "Computer program" means a series of coded | 21 | | instructions or
statements in a form acceptable to a | 22 | | computer, which causes the computer to
process data in | 23 | | order to achieve a certain result.
| 24 | | (3) "Proceeds" means profits derived from | 25 | | marketing or sale of a product
after deducting the | 26 | | expenses of developing and marketing such product;
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| 1 | | 18. To delegate to the general superintendent of
| 2 | | schools, by resolution, the authority to approve contracts | 3 | | and expenditures
in amounts of $10,000 or less;
| 4 | | 19. Upon the written request of an employee, to | 5 | | withhold from
the compensation of that employee any dues, | 6 | | payments or contributions
payable by such employee to any | 7 | | labor organization as defined in the
Illinois Educational | 8 | | Labor Relations Act. Under such arrangement, an
amount | 9 | | shall be withheld from each regular payroll period which is | 10 | | equal to
the pro rata share of the annual dues plus any | 11 | | payments or contributions,
and the board shall transmit | 12 | | such withholdings to the specified labor
organization | 13 | | within 10 working days from the time of the withholding;
| 14 | | 19a. Upon receipt of notice from the comptroller of a | 15 | | municipality with
a population of 500,000 or more, a county | 16 | | with a population of 3,000,000 or
more, the Cook County | 17 | | Forest Preserve District, the Chicago Park District, the
| 18 | | Metropolitan Water Reclamation District, the Chicago | 19 | | Transit Authority, or
a housing authority of a municipality | 20 | | with a population of 500,000 or more
that a debt is due and | 21 | | owing the municipality, the county, the Cook County
Forest | 22 | | Preserve District, the Chicago Park District, the | 23 | | Metropolitan Water
Reclamation District, the Chicago | 24 | | Transit Authority, or the housing authority
by an employee | 25 | | of the Chicago Board of Education, to withhold, from the
| 26 | | compensation of that employee, the amount of the debt that |
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| 1 | | is due and owing
and pay the amount withheld 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;
provided, however, that the | 6 | | amount
deducted from any one salary or wage payment shall | 7 | | not exceed 25% of the net
amount of the payment. Before the | 8 | | Board deducts any amount from any salary or
wage of an | 9 | | employee under this paragraph, the municipality, the | 10 | | county, the
Cook County Forest Preserve District, the | 11 | | Chicago Park District, the
Metropolitan Water Reclamation | 12 | | District, the Chicago Transit Authority, or the
housing | 13 | | authority shall certify that (i) the employee has been | 14 | | afforded an
opportunity for a hearing to dispute the debt | 15 | | that is due and owing the
municipality, the county, the | 16 | | Cook County Forest Preserve District, the Chicago
Park | 17 | | District, the Metropolitan Water Reclamation District, the | 18 | | Chicago Transit
Authority, or the housing authority and | 19 | | (ii) the employee has received notice
of a wage deduction | 20 | | order and has been afforded an opportunity for a hearing to
| 21 | | object to the order. For purposes of this paragraph, "net | 22 | | amount" means that
part of the salary or wage payment | 23 | | remaining after the deduction of any amounts
required by | 24 | | law to be deducted and "debt due and owing" means (i) a | 25 | | specified
sum of money owed to the municipality, the | 26 | | county, the Cook County Forest
Preserve District, the |
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| 1 | | Chicago Park District, the Metropolitan Water
Reclamation | 2 | | District, the Chicago Transit Authority, or the housing | 3 | | authority
for services, work, or goods, after the period | 4 | | granted for payment has expired,
or (ii) a specified sum of | 5 | | money owed to the municipality, the county, the Cook
County | 6 | | Forest Preserve District, the Chicago Park District, the | 7 | | Metropolitan
Water Reclamation District, the Chicago | 8 | | Transit Authority, or the housing
authority pursuant to a | 9 | | court order or order of an administrative hearing
officer | 10 | | after the exhaustion of, or the failure to exhaust, | 11 | | judicial review;
| 12 | | 20. The board is encouraged to employ a sufficient | 13 | | number of
certified school counselors to maintain a | 14 | | student/counselor ratio of 250 to
1 by July 1, 1990. Each | 15 | | counselor shall spend at least 75% of his work
time in | 16 | | direct contact with students and shall maintain a record of | 17 | | such time;
| 18 | | 21. To make available to students vocational and career
| 19 | | counseling and to establish 5 special career counseling | 20 | | days for students
and parents. On these days | 21 | | representatives of local businesses and
industries shall | 22 | | be invited to the school campus and shall inform students
| 23 | | of career opportunities available to them in the various | 24 | | businesses and
industries. Special consideration shall be | 25 | | given to counseling minority
students as to career | 26 | | opportunities available to them in various fields.
For the |
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| 1 | | purposes of this paragraph, minority student means a person | 2 | | who is any of the following:
| 3 | | (a) American Indian or Alaska Native (a person having | 4 | | origins in any of the original peoples of North and South | 5 | | America, including Central America, and who maintains | 6 | | tribal affiliation or community attachment). | 7 | | (b) Asian (a person having origins in any of the | 8 | | original peoples of the Far East, Southeast Asia, or the | 9 | | Indian subcontinent, including, but not limited to, | 10 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 11 | | the Philippine Islands, Thailand, and Vietnam). | 12 | | (c) Black or African American (a person having origins | 13 | | in any of the black racial groups of Africa). Terms such as | 14 | | "Haitian" or "Negro" can be used in addition to "Black or | 15 | | African American". | 16 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 17 | | Puerto Rican, South or Central American, or other Spanish | 18 | | culture or origin, regardless of race). | 19 | | (e) Native Hawaiian or Other Pacific Islander (a person | 20 | | having origins in any of the original peoples of Hawaii, | 21 | | Guam, Samoa, or other Pacific Islands).
| 22 | | Counseling days shall not be in lieu of regular school | 23 | | days;
| 24 | | 22. To report to the State Board of Education the | 25 | | annual
student dropout rate and number of students who | 26 | | graduate from, transfer
from or otherwise leave bilingual |
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| 1 | | programs;
| 2 | | 23. Except as otherwise provided in the Abused and | 3 | | Neglected Child
Reporting Act or other applicable State or | 4 | | federal law, to permit school
officials to withhold, from | 5 | | any person, information on the whereabouts of
any child | 6 | | removed from school premises when the child has been taken | 7 | | into
protective custody as a victim of suspected child | 8 | | abuse. School officials
shall direct such person to the | 9 | | Department of Children and Family Services,
or to the local | 10 | | law enforcement agency if appropriate;
| 11 | | 24. To develop a policy, based on the current state of | 12 | | existing school
facilities, projected enrollment and | 13 | | efficient utilization of available
resources, for capital | 14 | | improvement of schools and school buildings within
the | 15 | | district, addressing in that policy both the relative | 16 | | priority for
major repairs, renovations and additions to | 17 | | school facilities, and the
advisability or necessity of | 18 | | building new school facilities or closing
existing schools | 19 | | to meet current or projected demographic patterns within
| 20 | | the district;
| 21 | | 25. To make available to the students in every high | 22 | | school attendance
center the ability to take all courses | 23 | | necessary to comply with the Board
of Higher Education's | 24 | | college entrance criteria effective in 1993;
| 25 | | 26. To encourage mid-career changes into the teaching | 26 | | profession,
whereby qualified professionals become |
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| 1 | | certified teachers, by allowing
credit for professional | 2 | | employment in related fields when determining point
of | 3 | | entry on teacher pay scale;
| 4 | | 27. To provide or contract out training programs for | 5 | | administrative
personnel and principals with revised or | 6 | | expanded duties pursuant to this
Act in order to assure | 7 | | they have the knowledge and skills to perform
their 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 34-2.3.
| 12 | | Nothing in this paragraph shall be construed to require any | 13 | | additional
appropriations of State funds for this purpose;
| 14 | | 29. (Blank);
| 15 | | 30. Notwithstanding any other provision of this Act or | 16 | | any other law to
the contrary, to contract with third | 17 | | parties for services otherwise performed
by employees, | 18 | | including those in a bargaining unit, and to layoff those
| 19 | | employees upon 14 days written notice to the affected | 20 | | employees. Those
contracts may be for a period not to | 21 | | exceed 5 years and may be awarded on a
system-wide basis. | 22 | | The board may not operate more than 30 contract schools, | 23 | | provided that the board may operate an additional 5 | 24 | | contract turnaround schools pursuant to item (5.5) of | 25 | | subsection (d) of Section 34-8.3 of this Code;
| 26 | | 31. To promulgate rules establishing procedures |
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| 1 | | governing the layoff or
reduction in force of employees and | 2 | | the recall of such employees, including,
but not limited | 3 | | to, criteria for such layoffs, reductions in force or | 4 | | recall
rights of such employees and the weight to be given | 5 | | to any particular
criterion. Such criteria shall take into | 6 | | account factors including, but not be
limited to, | 7 | | qualifications, certifications, experience, performance | 8 | | ratings or
evaluations, and any other factors relating to | 9 | | an employee's job performance;
| 10 | | 32. To develop a policy to prevent nepotism in the | 11 | | hiring of personnel
or the selection of contractors;
| 12 | | 33. To enter into a partnership agreement, as required | 13 | | by
Section 34-3.5 of this Code, and, notwithstanding any | 14 | | other
provision of law to the contrary, to promulgate | 15 | | policies, enter into
contracts, and take any other action | 16 | | necessary to accomplish the
objectives and implement the | 17 | | requirements of that agreement; and
| 18 | | 34. To establish a Labor Management Council to the | 19 | | board
comprised of representatives of the board, the chief | 20 | | executive
officer, and those labor organizations that are | 21 | | the exclusive
representatives of employees of the board and | 22 | | to promulgate
policies and procedures for the operation of | 23 | | the Council.
| 24 | | The specifications of the powers herein granted are not to | 25 | | be
construed as exclusive but the board shall also exercise all | 26 | | other
powers that they may be requisite or proper for the |
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| 1 | | maintenance and the
development of a public school system, not | 2 | | inconsistent with the other
provisions of this Article or | 3 | | provisions of this Code which apply to all
school districts.
| 4 | | In addition to the powers herein granted and authorized to | 5 | | be exercised
by the board, it shall be the duty of the board to | 6 | | review or to direct
independent reviews of special education | 7 | | expenditures and services.
The board shall file a report of | 8 | | such review with the General Assembly on
or before May 1, 1990.
| 9 | | (Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12; | 10 | | 97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
| 11 | | Section 99. Effective date. This Act takes effect July 1, | 12 | | 2013.
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