Full Text of HB4208 102nd General Assembly
HB4208 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4208 Introduced 1/5/2022, by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-22.24b | | 105 ILCS 5/34-18 | from Ch. 122, par. 34-18 |
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Amends the School Code. Provides that a school district shall employ a ratio of no less
than one school counselor to 150 students (rather than allowing a school district to employ a
ratio of no less than one school counselor to 250 students). Requires school counselors to meet with their assigned students at least once each month.
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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 | | 10-22.24b and 34-18 as follows:
| 6 | | (105 ILCS 5/10-22.24b)
| 7 | | Sec. 10-22.24b. School counseling services. School | 8 | | counseling services in public schools may be provided by | 9 | | school counselors as defined in Section 10-22.24a of this Code | 10 | | or by individuals who hold a Professional Educator License | 11 | | with a school support personnel endorsement in the area of | 12 | | school counseling under Section 21B-25 of this Code. | 13 | | School counseling services may include, but are not | 14 | | limited to: | 15 | | (1) designing and delivering a comprehensive school | 16 | | counseling program that promotes student achievement and | 17 | | wellness; | 18 | | (2) incorporating the common core language into the | 19 | | school counselor's work and role; | 20 | | (3) school counselors working as culturally skilled | 21 | | professionals who act sensitively to promote social | 22 | | justice and equity in a pluralistic society; | 23 | | (4) providing individual and group counseling; |
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| 1 | | (5) providing a core counseling curriculum that serves | 2 | | all students and addresses the knowledge and skills | 3 | | appropriate to their developmental level through a | 4 | | collaborative model of delivery involving the school | 5 | | counselor, classroom teachers, and other appropriate | 6 | | education professionals, and including prevention and | 7 | | pre-referral activities; | 8 | | (6) making referrals when necessary to appropriate | 9 | | offices or outside agencies; | 10 | | (7) providing college and career development | 11 | | activities and counseling; | 12 | | (8) developing individual career plans with students; | 13 | | (9) assisting all students with a college or | 14 | | post-secondary education plan, which must include a | 15 | | discussion on all post-secondary education options, | 16 | | including 4-year colleges or universities, community | 17 | | colleges, and vocational schools; | 18 | | (10) intentionally addressing the career and college | 19 | | needs of first generation students; | 20 | | (11) educating all students on scholarships, financial | 21 | | aid, and preparation of the Federal Application for | 22 | | Federal Student Aid; | 23 | | (12) collaborating with institutions of higher | 24 | | education and local community colleges so that students | 25 | | understand post-secondary education options and are ready | 26 | | to transition successfully; |
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| 1 | | (13) providing crisis intervention and contributing to | 2 | | the development of a specific crisis plan within the | 3 | | school setting in collaboration with multiple | 4 | | stakeholders; | 5 | | (14) educating students, teachers, and parents on | 6 | | anxiety, depression, cutting, and suicide issues and | 7 | | intervening with students who present with these issues; | 8 | | (15) providing counseling and other resources to | 9 | | students who are in crisis; | 10 | | (16) providing resources for those students who do not | 11 | | have access to mental health services; | 12 | | (17) addressing bullying and conflict resolution with | 13 | | all students; | 14 | | (18) teaching communication skills and helping | 15 | | students develop positive relationships; | 16 | | (19) using culturally-sensitive skills in working with | 17 | | all students to promote wellness; | 18 | | (20) addressing the needs of undocumented students in | 19 | | the school, as well as students who are legally in the | 20 | | United States, but whose parents are undocumented; | 21 | | (21) contributing to a student's functional behavioral | 22 | | assessment, as well as assisting in the development of | 23 | | non-aversive behavioral intervention strategies; | 24 | | (22) (i) assisting students in need of special | 25 | | education services by implementing the academic supports | 26 | | and social-emotional and college or career development |
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| 1 | | counseling services or interventions per a student's | 2 | | individualized education program (IEP); (ii) participating | 3 | | in or contributing to a student's IEP and completing a | 4 | | social-developmental history; or (iii) providing services | 5 | | to a student with a disability under the student's IEP or | 6 | | federal Section 504 plan, as recommended by the student's | 7 | | IEP team or Section 504 plan team and in compliance with | 8 | | federal and State laws and rules governing the provision | 9 | | of educational and related services and school-based | 10 | | accommodations to students with
disabilities and the | 11 | | qualifications of school personnel to provide such | 12 | | services and accommodations; | 13 | | (23) assisting in the development of a personal | 14 | | educational plan with each student; | 15 | | (24) educating students on dual credit and learning | 16 | | opportunities on the Internet; | 17 | | (25) providing information for all students in the | 18 | | selection of courses that will lead to post-secondary | 19 | | education opportunities toward a successful career; | 20 | | (26) interpreting achievement test results and guiding | 21 | | students in appropriate directions; | 22 | | (27) counseling with students, families, and teachers, | 23 | | in compliance with federal and State laws; | 24 | | (28) providing families with opportunities for | 25 | | education and counseling as appropriate in relation to the | 26 | | student's educational assessment; |
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| 1 | | (29) consulting and collaborating with teachers and | 2 | | other school personnel regarding behavior management and | 3 | | intervention plans and inclusion in support of students; | 4 | | (30) teaming and partnering with staff, parents, | 5 | | businesses, and community organizations to support student | 6 | | achievement and social-emotional learning standards for | 7 | | all students; | 8 | | (31) developing and implementing school-based | 9 | | prevention programs, including, but not limited to, | 10 | | mediation and violence prevention, implementing social and | 11 | | emotional education programs and services, and | 12 | | establishing and implementing bullying prevention and | 13 | | intervention programs; | 14 | | (32) developing culturally-sensitive assessment | 15 | | instruments for measuring school counseling prevention and | 16 | | intervention effectiveness and collecting, analyzing, and | 17 | | interpreting data; | 18 | | (33) participating on school and district committees | 19 | | to advocate for student programs and resources, as well as | 20 | | establishing a school counseling advisory council that | 21 | | includes representatives of key stakeholders selected to | 22 | | review and advise on the implementation of the school | 23 | | counseling program; | 24 | | (34) acting as a liaison between the public schools | 25 | | and community resources and building relationships with | 26 | | important stakeholders, such as families, administrators, |
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| 1 | | teachers, and board members; | 2 | | (35) maintaining organized, clear, and useful records | 3 | | in a confidential manner consistent with Section 5 of the | 4 | | Illinois School Student Records Act, the Family | 5 | | Educational Rights and Privacy Act, and the Health | 6 | | Insurance Portability and Accountability Act; | 7 | | (36) presenting an annual agreement to the | 8 | | administration, including a formal discussion of the | 9 | | alignment of school and school counseling program missions | 10 | | and goals and detailing specific school counselor | 11 | | responsibilities; | 12 | | (37) identifying and implementing | 13 | | culturally-sensitive measures of success for student | 14 | | competencies in each of the 3 domains of academic, social | 15 | | and emotional, and college and career learning based on | 16 | | planned and periodic assessment of the comprehensive | 17 | | developmental school counseling program; | 18 | | (38) collaborating as a team member in Response to | 19 | | Intervention (RtI) and other school initiatives; | 20 | | (39) conducting observations and participating in | 21 | | recommendations or interventions regarding the placement | 22 | | of children in educational programs or special education | 23 | | classes; | 24 | | (40) analyzing data and results of school counseling | 25 | | program assessments, including curriculum, small-group, | 26 | | and closing-the-gap results reports, and designing |
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| 1 | | strategies to continue to improve program effectiveness; | 2 | | (41) analyzing data and results of school counselor | 3 | | competency assessments; | 4 | | (42) following American School Counselor Association | 5 | | Ethical Standards for School Counselors to demonstrate | 6 | | high standards of integrity, leadership, and | 7 | | professionalism; | 8 | | (43) knowing and embracing common core standards by | 9 | | using common core language; | 10 | | (44) practicing as a culturally-skilled school | 11 | | counselor by infusing the multicultural competencies | 12 | | within the role of the school counselor, including the | 13 | | practice of culturally-sensitive attitudes and beliefs, | 14 | | knowledge, and skills; | 15 | | (45) infusing the Social-Emotional Standards, as | 16 | | presented in the State Board of Education standards, | 17 | | across the curriculum and in the counselor's role in ways | 18 | | that empower and enable students to achieve academic | 19 | | success across all grade levels; | 20 | | (46) providing services only in areas in which the | 21 | | school counselor has appropriate training or expertise, as | 22 | | well as only providing counseling or consulting services | 23 | | within his or her employment to any student in the | 24 | | district or districts which employ such school counselor, | 25 | | in accordance with professional ethics; | 26 | | (47) having adequate training in supervision knowledge |
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| 1 | | and skills in order to supervise school counseling interns | 2 | | enrolled in graduate school counselor preparation programs | 3 | | that meet the standards established by the State Board of | 4 | | Education; | 5 | | (48) being involved with State and national | 6 | | professional associations; | 7 | | (49) participating, at least once every 2 years, in an | 8 | | in-service training program for school counselors | 9 | | conducted by persons with expertise in domestic and sexual | 10 | | violence and the needs of expectant and parenting youth, | 11 | | which shall include training concerning (i) communicating | 12 | | with and listening to youth victims of domestic or sexual | 13 | | violence and expectant and parenting youth, (ii) | 14 | | connecting youth victims of domestic or sexual violence | 15 | | and expectant and parenting youth to appropriate in-school | 16 | | services and other agencies, programs, and services as | 17 | | needed, and (iii) implementing the school district's | 18 | | policies, procedures, and protocols with regard to such | 19 | | youth, including confidentiality; at a minimum, school | 20 | | personnel must be trained to understand, provide | 21 | | information and referrals, and address issues pertaining | 22 | | to youth who are parents, expectant parents, or victims of | 23 | | domestic or sexual violence; | 24 | | (50) participating, at least every 2 years, in an | 25 | | in-service training program for school counselors | 26 | | conducted by persons with expertise in anaphylactic |
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| 1 | | reactions and management; | 2 | | (51) participating, at least once every 2 years, in an | 3 | | in-service training on educator ethics, teacher-student | 4 | | conduct, and school employee-student conduct for all | 5 | | personnel; | 6 | | (52) participating, in addition to other topics at | 7 | | in-service training programs, in training to identify the | 8 | | warning signs of mental illness and suicidal behavior in | 9 | | adolescents and teenagers and learning appropriate | 10 | | intervention and referral techniques; | 11 | | (53) obtaining training to have a basic knowledge of | 12 | | matters relating to acquired immunodeficiency syndrome | 13 | | (AIDS), including the nature of the disease, its causes | 14 | | and effects, the means of detecting it and preventing its | 15 | | transmission, and the availability of appropriate sources | 16 | | of counseling and referral and any other information that | 17 | | may be appropriate considering the age and grade level of | 18 | | the pupils; the school board shall supervise such training | 19 | | and the State Board of Education and the Department of | 20 | | Public Health shall jointly develop standards for such | 21 | | training; and | 22 | | (54) participating in mandates from the State Board of | 23 | | Education for bullying education and social-emotional | 24 | | literary. | 25 | | School districts shall may employ a sufficient number of | 26 | | school counselors to maintain a the national and State |
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| 1 | | recommended student-counselor ratio of 150 250 to 1. School | 2 | | districts may have school counselors spend at least 80% of his | 3 | | or her work time in direct contact with students. School | 4 | | districts shall require school counselors to meet with their | 5 | | assigned students at least once each month. | 6 | | Nothing in this Section prohibits other qualified | 7 | | professionals, including other endorsed school support | 8 | | personnel, from providing the services listed in this Section.
| 9 | | (Source: P.A. 101-290, eff. 8-9-19.)
| 10 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 11 | | (Text of Section before amendment by P.A. 102-465 ) | 12 | | Sec. 34-18. Powers of the board. The board shall exercise | 13 | | general
supervision and jurisdiction over the public education | 14 | | and the public
school system of the city, and, except as | 15 | | otherwise provided by this
Article, shall have power:
| 16 | | 1. To make suitable provision for the establishment | 17 | | and maintenance
throughout the year or for such portion | 18 | | thereof as it may direct, not
less than 9 months and in | 19 | | compliance with Section 10-19.05, of schools of all grades | 20 | | and kinds, including normal
schools, high schools, night | 21 | | schools, schools for defectives and
delinquents, parental | 22 | | and truant schools, schools for the blind, the
deaf, and | 23 | | persons with physical disabilities, schools or classes in | 24 | | manual training,
constructural and vocational teaching, | 25 | | domestic arts, and physical
culture, vocation and |
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| 1 | | extension schools and lecture courses, and all
other | 2 | | educational courses and facilities, including | 3 | | establishing,
equipping, maintaining and operating | 4 | | playgrounds and recreational
programs, when such programs | 5 | | are conducted in, adjacent to, or connected
with any | 6 | | public school under the general supervision and | 7 | | jurisdiction
of the board; provided that the calendar for | 8 | | the school term and any changes must be submitted to and | 9 | | approved by the State Board of Education before the | 10 | | calendar or changes may take effect, and provided that in | 11 | | allocating funds
from year to year for the operation of | 12 | | all attendance centers within the
district, the board | 13 | | shall ensure that supplemental general State aid or | 14 | | supplemental grant funds
are allocated and applied in | 15 | | accordance with Section 18-8, 18-8.05, or 18-8.15. To
| 16 | | admit to such
schools without charge foreign exchange | 17 | | students who are participants in
an organized exchange | 18 | | student program which is authorized by the board.
The | 19 | | board shall permit all students to enroll in | 20 | | apprenticeship programs
in trade schools operated by the | 21 | | board, whether those programs are
union-sponsored or not. | 22 | | No student shall be refused admission into or
be excluded | 23 | | from any course of instruction offered in the common | 24 | | schools
by reason of that student's sex. No student shall | 25 | | be denied equal
access to physical education and | 26 | | interscholastic athletic programs
supported from school |
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| 1 | | district funds or denied participation in
comparable | 2 | | physical education and athletic programs solely by reason | 3 | | of
the student's sex. Equal access to programs supported | 4 | | from school
district funds and comparable programs will be | 5 | | defined in rules
promulgated by the State Board of | 6 | | Education in
consultation with the Illinois High School | 7 | | Association.
Notwithstanding any other provision of this | 8 | | Article, neither the board
of education nor any local | 9 | | school council or other school official shall
recommend | 10 | | that children with disabilities be placed into regular | 11 | | education
classrooms unless those children with | 12 | | disabilities are provided with
supplementary services to | 13 | | assist them so that they benefit from the regular
| 14 | | classroom instruction and are included on the teacher's | 15 | | regular education
class register;
| 16 | | 2. To furnish lunches to pupils, to make a reasonable | 17 | | charge
therefor, and to use school funds for the payment | 18 | | of such expenses as
the board may determine are necessary | 19 | | in conducting the school lunch
program;
| 20 | | 3. To co-operate with the circuit court;
| 21 | | 4. To make arrangements with the public or | 22 | | quasi-public libraries
and museums for the use of their | 23 | | facilities by teachers and pupils of
the public schools;
| 24 | | 5. To employ dentists and prescribe their duties for | 25 | | the purpose of
treating the pupils in the schools, but | 26 | | accepting such treatment shall
be optional with parents or |
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| 1 | | guardians;
| 2 | | 6. To grant the use of assembly halls and classrooms | 3 | | when not
otherwise needed, including light, heat, and | 4 | | attendants, for free public
lectures, concerts, and other | 5 | | educational and social interests, free of
charge, under | 6 | | such provisions and control as the principal of the
| 7 | | affected attendance center may prescribe;
| 8 | | 7. To apportion the pupils to the several schools; | 9 | | provided that no pupil
shall be excluded from or | 10 | | segregated in any such school on account of his
color, | 11 | | race, sex, or nationality. The board shall take into | 12 | | consideration
the prevention of segregation and the | 13 | | elimination of separation of children
in public schools | 14 | | because of color, race, sex, or nationality. Except that
| 15 | | children may be committed to or attend parental and social | 16 | | adjustment schools
established and maintained either for | 17 | | boys or girls only. All records
pertaining to the | 18 | | creation, alteration or revision of attendance areas shall
| 19 | | be open to the public. Nothing herein shall limit the | 20 | | board's authority to
establish multi-area attendance | 21 | | centers or other student assignment systems
for | 22 | | desegregation purposes or otherwise, and to apportion the | 23 | | pupils to the
several schools. Furthermore, beginning in | 24 | | school year 1994-95, pursuant
to a board plan adopted by | 25 | | October 1, 1993, the board shall offer, commencing
on a | 26 | | phased-in basis, the opportunity for families within the |
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| 1 | | school
district to apply for enrollment of their children | 2 | | in any attendance center
within the school district which | 3 | | does not have selective admission
requirements approved by | 4 | | the board. The appropriate geographical area in
which such | 5 | | open enrollment may be exercised shall be determined by | 6 | | the
board of education. Such children may be admitted to | 7 | | any such attendance
center on a space available basis | 8 | | after all children residing within such
attendance | 9 | | center's area have been accommodated. If the number of
| 10 | | applicants from outside the attendance area exceed the | 11 | | space available,
then successful applicants shall be | 12 | | selected by lottery. The board of
education's open | 13 | | enrollment plan must include provisions that allow | 14 | | low-income students to have access to transportation | 15 | | needed to exercise school
choice. Open enrollment shall be | 16 | | in compliance with the provisions of the
Consent Decree | 17 | | and Desegregation Plan cited in Section 34-1.01;
| 18 | | 8. To approve programs and policies for providing | 19 | | transportation
services to students. Nothing herein shall | 20 | | be construed to permit or empower
the State Board of | 21 | | Education to order, mandate, or require busing or other
| 22 | | transportation of pupils for the purpose of achieving | 23 | | racial balance in any
school;
| 24 | | 9. Subject to the limitations in this Article, to | 25 | | establish and
approve system-wide curriculum objectives | 26 | | and standards, including graduation
standards, which |
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| 1 | | reflect the
multi-cultural diversity in the city and are | 2 | | consistent with State law,
provided that for all purposes | 3 | | of this Article courses or
proficiency in American Sign | 4 | | Language shall be deemed to constitute courses
or | 5 | | proficiency in a foreign language; and to employ | 6 | | principals and teachers,
appointed as provided in this
| 7 | | Article, and fix their compensation. The board shall | 8 | | prepare such reports
related to minimal competency testing | 9 | | as may be requested by the State
Board of Education and, in | 10 | | addition, shall monitor and approve special
education and | 11 | | bilingual education programs and policies within the | 12 | | district to ensure
that appropriate services are provided | 13 | | in accordance with applicable
State and federal laws to | 14 | | children requiring services and education in those
areas;
| 15 | | 10. To employ non-teaching personnel or utilize | 16 | | volunteer personnel
for: (i) non-teaching duties not | 17 | | requiring instructional judgment or
evaluation of pupils, | 18 | | including library duties; and (ii) supervising study
| 19 | | halls, long distance teaching reception areas used | 20 | | incident to instructional
programs transmitted by | 21 | | electronic media such as computers, video, and audio,
| 22 | | detention and discipline areas, and school-sponsored | 23 | | extracurricular
activities. The board may further utilize | 24 | | volunteer non-certificated
personnel or employ | 25 | | non-certificated personnel to
assist in the instruction of | 26 | | pupils under the immediate supervision of a
teacher |
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| 1 | | holding a valid certificate, directly engaged in teaching
| 2 | | subject matter or conducting activities; provided that the | 3 | | teacher
shall be continuously aware of the | 4 | | non-certificated persons' activities and
shall be able to | 5 | | control or modify them. The general superintendent shall
| 6 | | determine qualifications of such personnel and shall | 7 | | prescribe rules for
determining the duties and activities | 8 | | to be assigned to such personnel;
| 9 | | 10.5. To utilize volunteer personnel from a regional | 10 | | School Crisis
Assistance Team (S.C.A.T.), created as part | 11 | | of the Safe to Learn Program
established pursuant to | 12 | | Section 25 of the Illinois Violence Prevention Act
of | 13 | | 1995, to provide assistance to schools in times of | 14 | | violence or other
traumatic incidents within a school | 15 | | community by providing crisis
intervention services to | 16 | | lessen the effects of emotional trauma on
individuals and | 17 | | the community; the School Crisis Assistance Team
Steering | 18 | | Committee shall determine the qualifications for | 19 | | volunteers;
| 20 | | 11. To provide television studio facilities in not to | 21 | | exceed one
school building and to provide programs for | 22 | | educational purposes,
provided, however, that the board | 23 | | shall not construct, acquire, operate,
or maintain a | 24 | | television transmitter; to grant the use of its studio
| 25 | | facilities to a licensed television station located in the | 26 | | school
district; and to maintain and operate not to exceed |
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| 1 | | one school radio
transmitting station and provide programs | 2 | | for educational purposes;
| 3 | | 12. To offer, if deemed appropriate, outdoor education | 4 | | courses,
including field trips within the State of | 5 | | Illinois, or adjacent states,
and to use school | 6 | | educational funds for the expense of the said outdoor
| 7 | | educational programs, whether within the school district | 8 | | or not;
| 9 | | 13. During that period of the calendar year not | 10 | | embraced within the
regular school term, to provide and | 11 | | conduct courses in subject matters
normally embraced in | 12 | | the program of the schools during the regular
school term | 13 | | and to give regular school credit for satisfactory
| 14 | | completion by the student of such courses as may be | 15 | | approved for credit
by the State Board of Education;
| 16 | | 14. To insure against any loss or liability of the | 17 | | board,
the former School Board Nominating Commission, | 18 | | Local School Councils, the
Chicago Schools Academic | 19 | | Accountability Council, or the former Subdistrict
Councils | 20 | | or of any member, officer, agent, or employee thereof, | 21 | | resulting
from alleged violations of civil rights arising | 22 | | from incidents occurring on
or after September 5, 1967 or | 23 | | from the wrongful or negligent act or
omission of any such | 24 | | person whether occurring within or without the school
| 25 | | premises, provided the officer, agent, or employee was, at | 26 | | the time of the
alleged violation of civil rights or |
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| 1 | | wrongful act or omission, acting
within the scope of his | 2 | | or her employment or under direction of the board, the
| 3 | | former School
Board Nominating Commission, the Chicago | 4 | | Schools Academic Accountability
Council, Local School | 5 | | Councils, or the former Subdistrict Councils;
and to | 6 | | provide for or participate in insurance plans for its | 7 | | officers and
employees, including, but not limited to, | 8 | | retirement annuities, medical,
surgical and | 9 | | hospitalization benefits in such types and amounts as may | 10 | | be
determined by the board; provided, however, that the | 11 | | board shall contract
for such insurance only with an | 12 | | insurance company authorized to do business
in this State. | 13 | | Such insurance may include provision for employees who | 14 | | rely
on treatment by prayer or spiritual means alone for | 15 | | healing, in accordance
with the tenets and practice of a | 16 | | recognized religious denomination;
| 17 | | 15. To contract with the corporate authorities of any | 18 | | municipality
or the county board of any county, as the | 19 | | case may be, to provide for
the regulation of traffic in | 20 | | parking areas of property used for school
purposes, in | 21 | | such manner as is provided by Section 11-209 of the
| 22 | | Illinois Vehicle Code;
| 23 | | 16. (a) To provide, on an equal basis, access to a high
| 24 | | school campus and student directory information to the
| 25 | | official recruiting representatives of the armed forces of | 26 | | Illinois and
the United States for the purposes of |
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| 1 | | informing students of the educational
and career | 2 | | opportunities available in the military if the board has | 3 | | provided
such access to persons or groups whose purpose is | 4 | | to acquaint students with
educational or occupational | 5 | | opportunities available to them. The board
is not required | 6 | | to give greater notice regarding the right of access to
| 7 | | recruiting representatives than is given to other persons | 8 | | and groups. In
this paragraph 16, "directory information" | 9 | | means a high school
student's name, address, and telephone | 10 | | number.
| 11 | | (b) If a student or his or her parent or guardian | 12 | | submits a signed,
written request to the high school | 13 | | before the end of the student's sophomore
year (or if the | 14 | | student is a transfer student, by another time set by
the | 15 | | high school) that indicates that the student or his or her | 16 | | parent or
guardian does
not want the student's directory | 17 | | information to be provided to official
recruiting | 18 | | representatives under subsection (a) of this Section, the | 19 | | high
school may not provide access to the student's | 20 | | directory information to
these recruiting representatives. | 21 | | The high school shall notify its
students and their | 22 | | parents or guardians of the provisions of this
subsection | 23 | | (b).
| 24 | | (c) A high school may require official recruiting | 25 | | representatives of
the armed forces of Illinois and the | 26 | | United States to pay a fee for copying
and mailing a |
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| 1 | | student's directory information in an amount that is not
| 2 | | more than the actual costs incurred by the high school.
| 3 | | (d) Information received by an official recruiting | 4 | | representative
under this Section may be used only to | 5 | | provide information to students
concerning educational and | 6 | | career opportunities available in the military
and may not | 7 | | be released to a person who is not involved in recruiting
| 8 | | students for the armed forces of Illinois or the United | 9 | | States;
| 10 | | 17. (a) To sell or market any computer program | 11 | | developed by an employee
of the school district, provided | 12 | | that such employee developed the computer
program as a | 13 | | direct result of his or her duties with the school | 14 | | district
or through the utilization of school district | 15 | | resources or facilities.
The employee who developed the | 16 | | computer program shall be entitled to share
in the | 17 | | proceeds of such sale or marketing of the computer | 18 | | program. The
distribution of such proceeds between the | 19 | | employee and the school district
shall be as agreed upon | 20 | | by the employee and the school district, except
that | 21 | | neither the employee nor the school district may receive | 22 | | more than 90%
of such proceeds. The negotiation for an | 23 | | employee who is represented by an
exclusive bargaining | 24 | | representative may be conducted by such bargaining
| 25 | | representative at the employee's request.
| 26 | | (b) For the purpose of this paragraph 17:
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| 1 | | (1) "Computer" means an internally programmed, | 2 | | general purpose digital
device capable of | 3 | | automatically accepting data, processing data and | 4 | | supplying
the results of the operation.
| 5 | | (2) "Computer program" means a series of coded | 6 | | instructions or
statements in a form acceptable to a | 7 | | computer, which causes the computer to
process data in | 8 | | order to achieve a certain result.
| 9 | | (3) "Proceeds" means profits derived from the | 10 | | marketing or sale of a product
after deducting the | 11 | | expenses of developing and marketing such product;
| 12 | | 18. To delegate to the general superintendent of
| 13 | | schools, by resolution, the authority to approve contracts | 14 | | and expenditures
in amounts of $10,000 or less;
| 15 | | 19. Upon the written request of an employee, to | 16 | | withhold from
the compensation of that employee any dues, | 17 | | payments, or contributions
payable by such employee to any | 18 | | labor organization as defined in the
Illinois Educational | 19 | | Labor Relations Act. Under such arrangement, an
amount | 20 | | shall be withheld from each regular payroll period which | 21 | | is equal to
the pro rata share of the annual dues plus any | 22 | | payments or contributions,
and the board shall transmit | 23 | | such withholdings to the specified labor
organization | 24 | | within 10 working days from the time of the withholding;
| 25 | | 19a. Upon receipt of notice from the comptroller of a | 26 | | municipality with
a population of 500,000 or more, a |
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| 1 | | county with a population of 3,000,000 or
more, the Cook | 2 | | County Forest Preserve District, the Chicago Park | 3 | | District, the
Metropolitan Water Reclamation District, the | 4 | | Chicago Transit Authority, or
a housing authority of a | 5 | | municipality with a population of 500,000 or more
that a | 6 | | debt is due and owing the municipality, the county, the | 7 | | Cook County
Forest Preserve District, the Chicago Park | 8 | | District, the Metropolitan Water
Reclamation District, the | 9 | | Chicago Transit Authority, or the housing authority
by an | 10 | | employee of the Chicago Board of Education, to withhold, | 11 | | from the
compensation of that employee, the amount of the | 12 | | debt that is due and owing
and pay the amount withheld to | 13 | | the municipality, the county, the Cook County
Forest | 14 | | Preserve District, the Chicago Park District, the | 15 | | Metropolitan Water
Reclamation District, the Chicago | 16 | | Transit Authority, or the housing authority;
provided, | 17 | | however, that the amount
deducted from any one salary or | 18 | | wage payment shall not exceed 25% of the net
amount of the | 19 | | payment. Before the Board deducts any amount from any | 20 | | salary or
wage of an employee under this paragraph, the | 21 | | municipality, the county, the
Cook County Forest Preserve | 22 | | District, the Chicago Park District, the
Metropolitan | 23 | | Water Reclamation District, the Chicago Transit Authority, | 24 | | or the
housing authority shall certify that (i) the | 25 | | employee has been afforded an
opportunity for a hearing to | 26 | | dispute the debt that is due and owing the
municipality, |
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| 1 | | the county, the Cook County Forest Preserve District, the | 2 | | Chicago
Park District, the Metropolitan Water Reclamation | 3 | | District, the Chicago Transit
Authority, or the housing | 4 | | authority and (ii) the employee has received notice
of a | 5 | | wage deduction order and has been afforded an opportunity | 6 | | for a hearing to
object to the order. For purposes of this | 7 | | paragraph, "net amount" means that
part of the salary or | 8 | | wage payment remaining after the deduction of any amounts
| 9 | | required by law to be deducted and "debt due and owing" | 10 | | means (i) a specified
sum of money owed to the | 11 | | municipality, the county, the Cook County Forest
Preserve | 12 | | District, the Chicago Park District, the Metropolitan | 13 | | Water
Reclamation District, the Chicago Transit Authority, | 14 | | or the housing authority
for services, work, or goods, | 15 | | after the period granted for payment has expired,
or (ii) | 16 | | a specified sum of money owed to the municipality, the | 17 | | county, the Cook
County Forest Preserve District, the | 18 | | Chicago Park District, the Metropolitan
Water Reclamation | 19 | | District, the Chicago Transit Authority, or the housing
| 20 | | authority pursuant to a court order or order of an | 21 | | administrative hearing
officer after the exhaustion of, or | 22 | | the failure to exhaust, judicial review;
| 23 | | 20. The board shall is encouraged to employ a | 24 | | sufficient number of licensed
certified school counselors | 25 | | to maintain a student/counselor ratio of 150 250 to
1 by | 26 | | July 1, 1990 . Each counselor shall spend at least 75% of |
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| 1 | | the counselor's his work
time in direct contact with | 2 | | students and shall maintain a record of such time . Each | 3 | | counselor shall meet with the counselor's assigned | 4 | | students at least once each month ;
| 5 | | 21. To make available to students vocational and | 6 | | career
counseling and to establish 5 special career | 7 | | counseling days for students
and parents. On these days | 8 | | representatives of local businesses and
industries shall | 9 | | be invited to the school campus and shall inform students
| 10 | | of career opportunities available to them in the various | 11 | | businesses and
industries. Special consideration shall be | 12 | | given to counseling minority
students as to career | 13 | | opportunities available to them in various fields.
For the | 14 | | purposes of this paragraph, minority student means a | 15 | | person who is any of the following:
| 16 | | (a) American Indian or Alaska Native (a person having | 17 | | origins in any of the original peoples of North and South | 18 | | America, including Central America, and who maintains | 19 | | tribal affiliation or community attachment). | 20 | | (b) Asian (a person having origins in any of the | 21 | | original peoples of the Far East, Southeast Asia, or the | 22 | | Indian subcontinent, including, but not limited to, | 23 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 24 | | the Philippine Islands, Thailand, and Vietnam). | 25 | | (c) Black or African American (a person having origins | 26 | | in any of the black racial groups of Africa). Terms such as |
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| 1 | | "Haitian" or "Negro" can be used in addition to "Black or | 2 | | African American". | 3 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 4 | | Puerto Rican, South or Central American, or other Spanish | 5 | | culture or origin, regardless of race). | 6 | | (e) Native Hawaiian or Other Pacific Islander (a | 7 | | person having origins in any of the original peoples of | 8 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 9 | | Counseling days shall not be in lieu of regular school | 10 | | days;
| 11 | | 22. To report to the State Board of Education the | 12 | | annual
student dropout rate and number of students who | 13 | | graduate from, transfer
from, or otherwise leave bilingual | 14 | | programs;
| 15 | | 23. Except as otherwise provided in the Abused and | 16 | | Neglected Child
Reporting Act or other applicable State or | 17 | | federal law, to permit school
officials to withhold, from | 18 | | any person, information on the whereabouts of
any child | 19 | | removed from school premises when the child has been taken | 20 | | into
protective custody as a victim of suspected child | 21 | | abuse. School officials
shall direct such person to the | 22 | | Department of Children and Family Services
or to the local | 23 | | law enforcement agency, if appropriate;
| 24 | | 24. To develop a policy, based on the current state of | 25 | | existing school
facilities, projected enrollment, and | 26 | | efficient utilization of available
resources, for capital |
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| 1 | | improvement of schools and school buildings within
the | 2 | | district, addressing in that policy both the relative | 3 | | priority for
major repairs, renovations, and additions to | 4 | | school facilities and the
advisability or necessity of | 5 | | building new school facilities or closing
existing schools | 6 | | to meet current or projected demographic patterns within
| 7 | | the district;
| 8 | | 25. To make available to the students in every high | 9 | | school attendance
center the ability to take all courses | 10 | | necessary to comply with the Board
of Higher Education's | 11 | | college entrance criteria effective in 1993;
| 12 | | 26. To encourage mid-career changes into the teaching | 13 | | profession,
whereby qualified professionals become | 14 | | certified teachers, by allowing
credit for professional | 15 | | employment in related fields when determining point
of | 16 | | entry on the teacher pay scale;
| 17 | | 27. To provide or contract out training programs for | 18 | | administrative
personnel and principals with revised or | 19 | | expanded duties pursuant to this Code
in order to ensure | 20 | | they have the knowledge and skills to perform
their | 21 | | duties;
| 22 | | 28. To establish a fund for the prioritized special | 23 | | needs programs, and
to allocate such funds and other lump | 24 | | sum amounts to each attendance center
in a manner | 25 | | consistent with the provisions of part 4 of Section | 26 | | 34-2.3.
Nothing in this paragraph shall be construed to |
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| 1 | | require any additional
appropriations of State funds for | 2 | | this purpose;
| 3 | | 29. (Blank);
| 4 | | 30. Notwithstanding any other provision of this Act or | 5 | | any other law to
the contrary, to contract with third | 6 | | parties for services otherwise performed
by employees, | 7 | | including those in a bargaining unit, and to layoff those
| 8 | | employees upon 14 days written notice to the affected | 9 | | employees. Those
contracts may be for a period not to | 10 | | exceed 5 years and may be awarded on a
system-wide basis. | 11 | | The board may not operate more than 30 contract schools, | 12 | | provided that the board may operate an additional 5 | 13 | | contract turnaround schools pursuant to item (5.5) of | 14 | | subsection (d) of Section 34-8.3 of this Code, and the | 15 | | governing bodies of contract schools are subject to the | 16 | | Freedom of Information Act and Open Meetings Act;
| 17 | | 31. To promulgate rules establishing procedures | 18 | | governing the layoff or
reduction in force of employees | 19 | | and the recall of such employees, including,
but not | 20 | | limited to, criteria for such layoffs, reductions in force | 21 | | or recall
rights of such employees and the weight to be | 22 | | given to any particular
criterion. Such criteria shall | 23 | | take into account factors, including, but not
limited to, | 24 | | qualifications, certifications, experience, performance | 25 | | ratings or
evaluations, and any other factors relating to | 26 | | an employee's job performance;
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| 1 | | 32. To develop a policy to prevent nepotism in the | 2 | | hiring of personnel
or the selection of contractors;
| 3 | | 33. (Blank); and
| 4 | | 34. To establish a Labor Management Council to the | 5 | | board
comprised of representatives of the board, the chief | 6 | | executive
officer, and those labor organizations that are | 7 | | the exclusive
representatives of employees of the board | 8 | | and to promulgate
policies and procedures for the | 9 | | operation of the Council.
| 10 | | The specifications of the powers herein granted are not to | 11 | | be
construed as exclusive, but the board shall also exercise | 12 | | all other
powers that may be requisite or proper for the | 13 | | maintenance and the
development of a public school system, not | 14 | | inconsistent with the other
provisions of this Article or | 15 | | provisions of this Code which apply to all
school districts.
| 16 | | In addition to the powers herein granted and authorized to | 17 | | be exercised
by the board, it shall be the duty of the board to | 18 | | review or to direct
independent reviews of special education | 19 | | expenditures and services.
The board shall file a report of | 20 | | such review with the General Assembly on
or before May 1, 1990.
| 21 | | (Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; | 22 | | 102-558, eff. 8-20-21.) | 23 | | (Text of Section after amendment by P.A. 102-465 ) | 24 | | Sec. 34-18. Powers of the board. The board shall exercise | 25 | | general
supervision and jurisdiction over the public education |
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| 1 | | and the public
school system of the city, and, except as | 2 | | otherwise provided by this
Article, shall have power:
| 3 | | 1. To make suitable provision for the establishment | 4 | | and maintenance
throughout the year or for such portion | 5 | | thereof as it may direct, not
less than 9 months and in | 6 | | compliance with Section 10-19.05, of schools of all grades | 7 | | and kinds, including normal
schools, high schools, night | 8 | | schools, schools for defectives and
delinquents, parental | 9 | | and truant schools, schools for the blind, the
deaf, and | 10 | | persons with physical disabilities, schools or classes in | 11 | | manual training,
constructural and vocational teaching, | 12 | | domestic arts, and physical
culture, vocation and | 13 | | extension schools and lecture courses, and all
other | 14 | | educational courses and facilities, including | 15 | | establishing,
equipping, maintaining and operating | 16 | | playgrounds and recreational
programs, when such programs | 17 | | are conducted in, adjacent to, or connected
with any | 18 | | public school under the general supervision and | 19 | | jurisdiction
of the board; provided that the calendar for | 20 | | the school term and any changes must be submitted to and | 21 | | approved by the State Board of Education before the | 22 | | calendar or changes may take effect, and provided that in | 23 | | allocating funds
from year to year for the operation of | 24 | | all attendance centers within the
district, the board | 25 | | shall ensure that supplemental general State aid or | 26 | | supplemental grant funds
are allocated and applied in |
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| 1 | | accordance with Section 18-8, 18-8.05, or 18-8.15. To
| 2 | | admit to such
schools without charge foreign exchange | 3 | | students who are participants in
an organized exchange | 4 | | student program which is authorized by the board.
The | 5 | | board shall permit all students to enroll in | 6 | | apprenticeship programs
in trade schools operated by the | 7 | | board, whether those programs are
union-sponsored or not. | 8 | | No student shall be refused admission into or
be excluded | 9 | | from any course of instruction offered in the common | 10 | | schools
by reason of that student's sex. No student shall | 11 | | be denied equal
access to physical education and | 12 | | interscholastic athletic programs
supported from school | 13 | | district funds or denied participation in
comparable | 14 | | physical education and athletic programs solely by reason | 15 | | of
the student's sex. Equal access to programs supported | 16 | | from school
district funds and comparable programs will be | 17 | | defined in rules
promulgated by the State Board of | 18 | | Education in
consultation with the Illinois High School | 19 | | Association.
Notwithstanding any other provision of this | 20 | | Article, neither the board
of education nor any local | 21 | | school council or other school official shall
recommend | 22 | | that children with disabilities be placed into regular | 23 | | education
classrooms unless those children with | 24 | | disabilities are provided with
supplementary services to | 25 | | assist them so that they benefit from the regular
| 26 | | classroom instruction and are included on the teacher's |
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| 1 | | regular education
class register;
| 2 | | 2. To furnish lunches to pupils, to make a reasonable | 3 | | charge
therefor, and to use school funds for the payment | 4 | | of such expenses as
the board may determine are necessary | 5 | | in conducting the school lunch
program;
| 6 | | 3. To co-operate with the circuit court;
| 7 | | 4. To make arrangements with the public or | 8 | | quasi-public libraries
and museums for the use of their | 9 | | facilities by teachers and pupils of
the public schools;
| 10 | | 5. To employ dentists and prescribe their duties for | 11 | | the purpose of
treating the pupils in the schools, but | 12 | | accepting such treatment shall
be optional with parents or | 13 | | guardians;
| 14 | | 6. To grant the use of assembly halls and classrooms | 15 | | when not
otherwise needed, including light, heat, and | 16 | | attendants, for free public
lectures, concerts, and other | 17 | | educational and social interests, free of
charge, under | 18 | | such provisions and control as the principal of the
| 19 | | affected attendance center may prescribe;
| 20 | | 7. To apportion the pupils to the several schools; | 21 | | provided that no pupil
shall be excluded from or | 22 | | segregated in any such school on account of his
color, | 23 | | race, sex, or nationality. The board shall take into | 24 | | consideration
the prevention of segregation and the | 25 | | elimination of separation of children
in public schools | 26 | | because of color, race, sex, or nationality. Except that
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| 1 | | children may be committed to or attend parental and social | 2 | | adjustment schools
established and maintained either for | 3 | | boys or girls only. All records
pertaining to the | 4 | | creation, alteration or revision of attendance areas shall
| 5 | | be open to the public. Nothing herein shall limit the | 6 | | board's authority to
establish multi-area attendance | 7 | | centers or other student assignment systems
for | 8 | | desegregation purposes or otherwise, and to apportion the | 9 | | pupils to the
several schools. Furthermore, beginning in | 10 | | school year 1994-95, pursuant
to a board plan adopted by | 11 | | October 1, 1993, the board shall offer, commencing
on a | 12 | | phased-in basis, the opportunity for families within the | 13 | | school
district to apply for enrollment of their children | 14 | | in any attendance center
within the school district which | 15 | | does not have selective admission
requirements approved by | 16 | | the board. The appropriate geographical area in
which such | 17 | | open enrollment may be exercised shall be determined by | 18 | | the
board of education. Such children may be admitted to | 19 | | any such attendance
center on a space available basis | 20 | | after all children residing within such
attendance | 21 | | center's area have been accommodated. If the number of
| 22 | | applicants from outside the attendance area exceed the | 23 | | space available,
then successful applicants shall be | 24 | | selected by lottery. The board of
education's open | 25 | | enrollment plan must include provisions that allow | 26 | | low-income students to have access to transportation |
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| 1 | | needed to exercise school
choice. Open enrollment shall be | 2 | | in compliance with the provisions of the
Consent Decree | 3 | | and Desegregation Plan cited in Section 34-1.01;
| 4 | | 8. To approve programs and policies for providing | 5 | | transportation
services to students. Nothing herein shall | 6 | | be construed to permit or empower
the State Board of | 7 | | Education to order, mandate, or require busing or other
| 8 | | transportation of pupils for the purpose of achieving | 9 | | racial balance in any
school;
| 10 | | 9. Subject to the limitations in this Article, to | 11 | | establish and
approve system-wide curriculum objectives | 12 | | and standards, including graduation
standards, which | 13 | | reflect the
multi-cultural diversity in the city and are | 14 | | consistent with State law,
provided that for all purposes | 15 | | of this Article courses or
proficiency in American Sign | 16 | | Language shall be deemed to constitute courses
or | 17 | | proficiency in a foreign language; and to employ | 18 | | principals and teachers,
appointed as provided in this
| 19 | | Article, and fix their compensation. The board shall | 20 | | prepare such reports
related to minimal competency testing | 21 | | as may be requested by the State
Board of Education and, in | 22 | | addition, shall monitor and approve special
education and | 23 | | bilingual education programs and policies within the | 24 | | district to ensure
that appropriate services are provided | 25 | | in accordance with applicable
State and federal laws to | 26 | | children requiring services and education in those
areas;
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| 1 | | 10. To employ non-teaching personnel or utilize | 2 | | volunteer personnel
for: (i) non-teaching duties not | 3 | | requiring instructional judgment or
evaluation of pupils, | 4 | | including library duties; and (ii) supervising study
| 5 | | halls, long distance teaching reception areas used | 6 | | incident to instructional
programs transmitted by | 7 | | electronic media such as computers, video, and audio,
| 8 | | detention and discipline areas, and school-sponsored | 9 | | extracurricular
activities. The board may further utilize | 10 | | volunteer non-certificated
personnel or employ | 11 | | non-certificated personnel to
assist in the instruction of | 12 | | pupils under the immediate supervision of a
teacher | 13 | | holding a valid certificate, directly engaged in teaching
| 14 | | subject matter or conducting activities; provided that the | 15 | | teacher
shall be continuously aware of the | 16 | | non-certificated persons' activities and
shall be able to | 17 | | control or modify them. The general superintendent shall
| 18 | | determine qualifications of such personnel and shall | 19 | | prescribe rules for
determining the duties and activities | 20 | | to be assigned to such personnel;
| 21 | | 10.5. To utilize volunteer personnel from a regional | 22 | | School Crisis
Assistance Team (S.C.A.T.), created as part | 23 | | of the Safe to Learn Program
established pursuant to | 24 | | Section 25 of the Illinois Violence Prevention Act
of | 25 | | 1995, to provide assistance to schools in times of | 26 | | violence or other
traumatic incidents within a school |
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| 1 | | community by providing crisis
intervention services to | 2 | | lessen the effects of emotional trauma on
individuals and | 3 | | the community; the School Crisis Assistance Team
Steering | 4 | | Committee shall determine the qualifications for | 5 | | volunteers;
| 6 | | 11. To provide television studio facilities in not to | 7 | | exceed one
school building and to provide programs for | 8 | | educational purposes,
provided, however, that the board | 9 | | shall not construct, acquire, operate,
or maintain a | 10 | | television transmitter; to grant the use of its studio
| 11 | | facilities to a licensed television station located in the | 12 | | school
district; and to maintain and operate not to exceed | 13 | | one school radio
transmitting station and provide programs | 14 | | for educational purposes;
| 15 | | 12. To offer, if deemed appropriate, outdoor education | 16 | | courses,
including field trips within the State of | 17 | | Illinois, or adjacent states,
and to use school | 18 | | educational funds for the expense of the said outdoor
| 19 | | educational programs, whether within the school district | 20 | | or not;
| 21 | | 13. During that period of the calendar year not | 22 | | embraced within the
regular school term, to provide and | 23 | | conduct courses in subject matters
normally embraced in | 24 | | the program of the schools during the regular
school term | 25 | | and to give regular school credit for satisfactory
| 26 | | completion by the student of such courses as may be |
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| 1 | | approved for credit
by the State Board of Education;
| 2 | | 14. To insure against any loss or liability of the | 3 | | board,
the former School Board Nominating Commission, | 4 | | Local School Councils, the
Chicago Schools Academic | 5 | | Accountability Council, or the former Subdistrict
Councils | 6 | | or of any member, officer, agent, or employee thereof, | 7 | | resulting
from alleged violations of civil rights arising | 8 | | from incidents occurring on
or after September 5, 1967 or | 9 | | from the wrongful or negligent act or
omission of any such | 10 | | person whether occurring within or without the school
| 11 | | premises, provided the officer, agent, or employee was, at | 12 | | the time of the
alleged violation of civil rights or | 13 | | wrongful act or omission, acting
within the scope of his | 14 | | or her employment or under direction of the board, the
| 15 | | former School
Board Nominating Commission, the Chicago | 16 | | Schools Academic Accountability
Council, Local School | 17 | | Councils, or the former Subdistrict Councils;
and to | 18 | | provide for or participate in insurance plans for its | 19 | | officers and
employees, including, but not limited to, | 20 | | retirement annuities, medical,
surgical and | 21 | | hospitalization benefits in such types and amounts as may | 22 | | be
determined by the board; provided, however, that the | 23 | | board shall contract
for such insurance only with an | 24 | | insurance company authorized to do business
in this State. | 25 | | Such insurance may include provision for employees who | 26 | | rely
on treatment by prayer or spiritual means alone for |
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| 1 | | healing, in accordance
with the tenets and practice of a | 2 | | recognized religious denomination;
| 3 | | 15. To contract with the corporate authorities of any | 4 | | municipality
or the county board of any county, as the | 5 | | case may be, to provide for
the regulation of traffic in | 6 | | parking areas of property used for school
purposes, in | 7 | | such manner as is provided by Section 11-209 of the
| 8 | | Illinois Vehicle Code;
| 9 | | 16. (a) To provide, on an equal basis, access to a high
| 10 | | school campus and student directory information to the
| 11 | | official recruiting representatives of the armed forces of | 12 | | Illinois and
the United States for the purposes of | 13 | | informing students of the educational
and career | 14 | | opportunities available in the military if the board has | 15 | | provided
such access to persons or groups whose purpose is | 16 | | to acquaint students with
educational or occupational | 17 | | opportunities available to them. The board
is not required | 18 | | to give greater notice regarding the right of access to
| 19 | | recruiting representatives than is given to other persons | 20 | | and groups. In
this paragraph 16, "directory information" | 21 | | means a high school
student's name, address, and telephone | 22 | | number.
| 23 | | (b) If a student or his or her parent or guardian | 24 | | submits a signed,
written request to the high school | 25 | | before the end of the student's sophomore
year (or if the | 26 | | student is a transfer student, by another time set by
the |
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| 1 | | high school) that indicates that the student or his or her | 2 | | parent or
guardian does
not want the student's directory | 3 | | information to be provided to official
recruiting | 4 | | representatives under subsection (a) of this Section, the | 5 | | high
school may not provide access to the student's | 6 | | directory information to
these recruiting representatives. | 7 | | The high school shall notify its
students and their | 8 | | parents or guardians of the provisions of this
subsection | 9 | | (b).
| 10 | | (c) A high school may require official recruiting | 11 | | representatives of
the armed forces of Illinois and the | 12 | | United States to pay a fee for copying
and mailing a | 13 | | student's directory information in an amount that is not
| 14 | | more than the actual costs incurred by the high school.
| 15 | | (d) Information received by an official recruiting | 16 | | representative
under this Section may be used only to | 17 | | provide information to students
concerning educational and | 18 | | career opportunities available in the military
and may not | 19 | | be released to a person who is not involved in recruiting
| 20 | | students for the armed forces of Illinois or the United | 21 | | States;
| 22 | | 17. (a) To sell or market any computer program | 23 | | developed by an employee
of the school district, provided | 24 | | that such employee developed the computer
program as a | 25 | | direct result of his or her duties with the school | 26 | | district
or through the utilization of school district |
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| 1 | | resources or facilities.
The employee who developed the | 2 | | computer program shall be entitled to share
in the | 3 | | proceeds of such sale or marketing of the computer | 4 | | program. The
distribution of such proceeds between the | 5 | | employee and the school district
shall be as agreed upon | 6 | | by the employee and the school district, except
that | 7 | | neither the employee nor the school district may receive | 8 | | more than 90%
of such proceeds. The negotiation for an | 9 | | employee who is represented by an
exclusive bargaining | 10 | | representative may be conducted by such bargaining
| 11 | | representative at the employee's request.
| 12 | | (b) For the purpose of this paragraph 17:
| 13 | | (1) "Computer" means an internally programmed, | 14 | | general purpose digital
device capable of | 15 | | automatically accepting data, processing data and | 16 | | supplying
the results of the operation.
| 17 | | (2) "Computer program" means a series of coded | 18 | | instructions or
statements in a form acceptable to a | 19 | | computer, which causes the computer to
process data in | 20 | | order to achieve a certain result.
| 21 | | (3) "Proceeds" means profits derived from the | 22 | | marketing or sale of a product
after deducting the | 23 | | expenses of developing and marketing such product;
| 24 | | 18. To delegate to the general superintendent of
| 25 | | schools, by resolution, the authority to approve contracts | 26 | | and expenditures
in amounts of $10,000 or less;
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| 1 | | 19. Upon the written request of an employee, to | 2 | | withhold from
the compensation of that employee any dues, | 3 | | payments, or contributions
payable by such employee to any | 4 | | labor organization as defined in the
Illinois Educational | 5 | | Labor Relations Act. Under such arrangement, an
amount | 6 | | shall be withheld from each regular payroll period which | 7 | | is equal to
the pro rata share of the annual dues plus any | 8 | | payments or contributions,
and the board shall transmit | 9 | | such withholdings to the specified labor
organization | 10 | | within 10 working days from the time of the withholding;
| 11 | | 19a. Upon receipt of notice from the comptroller of a | 12 | | municipality with
a population of 500,000 or more, a | 13 | | county with a population of 3,000,000 or
more, the Cook | 14 | | County Forest Preserve District, the Chicago Park | 15 | | District, the
Metropolitan Water Reclamation District, the | 16 | | Chicago Transit Authority, or
a housing authority of a | 17 | | municipality with a population of 500,000 or more
that a | 18 | | debt is due and owing the municipality, the county, the | 19 | | Cook County
Forest Preserve District, the Chicago Park | 20 | | District, the Metropolitan Water
Reclamation District, the | 21 | | Chicago Transit Authority, or the housing authority
by an | 22 | | employee of the Chicago Board of Education, to withhold, | 23 | | from the
compensation of that employee, the amount of the | 24 | | debt that is due and owing
and pay the amount withheld to | 25 | | the municipality, the county, the Cook County
Forest | 26 | | Preserve District, the Chicago Park District, the |
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| 1 | | Metropolitan Water
Reclamation District, the Chicago | 2 | | Transit Authority, or the housing authority;
provided, | 3 | | however, that the amount
deducted from any one salary or | 4 | | wage payment shall not exceed 25% of the net
amount of the | 5 | | payment. Before the Board deducts any amount from any | 6 | | salary or
wage of an employee under this paragraph, the | 7 | | municipality, the county, the
Cook County Forest Preserve | 8 | | District, the Chicago Park District, the
Metropolitan | 9 | | Water Reclamation District, the Chicago Transit Authority, | 10 | | or the
housing authority shall certify that (i) the | 11 | | employee has been afforded an
opportunity for a hearing to | 12 | | dispute the debt that is due and owing the
municipality, | 13 | | the county, the Cook County Forest Preserve District, the | 14 | | Chicago
Park District, the Metropolitan Water Reclamation | 15 | | District, the Chicago Transit
Authority, or the housing | 16 | | authority and (ii) the employee has received notice
of a | 17 | | wage deduction order and has been afforded an opportunity | 18 | | for a hearing to
object to the order. For purposes of this | 19 | | paragraph, "net amount" means that
part of the salary or | 20 | | wage payment remaining after the deduction of any amounts
| 21 | | required by law to be deducted and "debt due and owing" | 22 | | means (i) a specified
sum of money owed to the | 23 | | municipality, the county, the Cook County Forest
Preserve | 24 | | District, the Chicago Park District, the Metropolitan | 25 | | Water
Reclamation District, the Chicago Transit Authority, | 26 | | or the housing authority
for services, work, or goods, |
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| 1 | | after the period granted for payment has expired,
or (ii) | 2 | | a specified sum of money owed to the municipality, the | 3 | | county, the Cook
County Forest Preserve District, the | 4 | | Chicago Park District, the Metropolitan
Water Reclamation | 5 | | District, the Chicago Transit Authority, or the housing
| 6 | | authority pursuant to a court order or order of an | 7 | | administrative hearing
officer after the exhaustion of, or | 8 | | the failure to exhaust, judicial review;
| 9 | | 20. The board shall is encouraged to employ a | 10 | | sufficient number of licensed
certified school counselors | 11 | | to maintain a student/counselor ratio of 150 250 to
1 by | 12 | | July 1, 1990 . Each counselor shall spend at least 75% of | 13 | | the counselor's his work
time in direct contact with | 14 | | students and shall maintain a record of such time . Each | 15 | | counselor shall meet with the counselor's assigned | 16 | | students at least once each month ;
| 17 | | 21. To make available to students vocational and | 18 | | career
counseling and to establish 5 special career | 19 | | counseling days for students
and parents. On these days | 20 | | representatives of local businesses and
industries shall | 21 | | be invited to the school campus and shall inform students
| 22 | | of career opportunities available to them in the various | 23 | | businesses and
industries. Special consideration shall be | 24 | | given to counseling minority
students as to career | 25 | | opportunities available to them in various fields.
For the | 26 | | purposes of this paragraph, minority student means a |
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| 1 | | person who is any of the following:
| 2 | | (a) American Indian or Alaska Native (a person having | 3 | | origins in any of the original peoples of North and South | 4 | | America, including Central America, and who maintains | 5 | | tribal affiliation or community attachment). | 6 | | (b) Asian (a person having origins in any of the | 7 | | original peoples of the Far East, Southeast Asia, or the | 8 | | Indian subcontinent, including, but not limited to, | 9 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 10 | | the Philippine Islands, Thailand, and Vietnam). | 11 | | (c) Black or African American (a person having origins | 12 | | in any of the black racial groups of Africa). | 13 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 14 | | Puerto Rican, South or Central American, or other Spanish | 15 | | culture or origin, regardless of race). | 16 | | (e) Native Hawaiian or Other Pacific Islander (a | 17 | | person having origins in any of the original peoples of | 18 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 19 | | Counseling days shall not be in lieu of regular school | 20 | | days;
| 21 | | 22. To report to the State Board of Education the | 22 | | annual
student dropout rate and number of students who | 23 | | graduate from, transfer
from, or otherwise leave bilingual | 24 | | programs;
| 25 | | 23. Except as otherwise provided in the Abused and | 26 | | Neglected Child
Reporting Act or other applicable State or |
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| 1 | | federal law, to permit school
officials to withhold, from | 2 | | any person, information on the whereabouts of
any child | 3 | | removed from school premises when the child has been taken | 4 | | into
protective custody as a victim of suspected child | 5 | | abuse. School officials
shall direct such person to the | 6 | | Department of Children and Family Services
or to the local | 7 | | law enforcement agency, if appropriate;
| 8 | | 24. To develop a policy, based on the current state of | 9 | | existing school
facilities, projected enrollment, and | 10 | | efficient utilization of available
resources, for capital | 11 | | improvement of schools and school buildings within
the | 12 | | district, addressing in that policy both the relative | 13 | | priority for
major repairs, renovations, and additions to | 14 | | school facilities and the
advisability or necessity of | 15 | | building new school facilities or closing
existing schools | 16 | | to meet current or projected demographic patterns within
| 17 | | the district;
| 18 | | 25. To make available to the students in every high | 19 | | school attendance
center the ability to take all courses | 20 | | necessary to comply with the Board
of Higher Education's | 21 | | college entrance criteria effective in 1993;
| 22 | | 26. To encourage mid-career changes into the teaching | 23 | | profession,
whereby qualified professionals become | 24 | | certified teachers, by allowing
credit for professional | 25 | | employment in related fields when determining point
of | 26 | | entry on the teacher pay scale;
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| 1 | | 27. To provide or contract out training programs for | 2 | | administrative
personnel and principals with revised or | 3 | | expanded duties pursuant to this Code
in order to ensure | 4 | | they have the knowledge and skills to perform
their | 5 | | duties;
| 6 | | 28. To establish a fund for the prioritized special | 7 | | needs programs, and
to allocate such funds and other lump | 8 | | sum amounts to each attendance center
in a manner | 9 | | consistent with the provisions of part 4 of Section | 10 | | 34-2.3.
Nothing in this paragraph shall be construed to | 11 | | require any additional
appropriations of State funds for | 12 | | this purpose;
| 13 | | 29. (Blank);
| 14 | | 30. Notwithstanding any other provision of this Act or | 15 | | any other law to
the contrary, to contract with third | 16 | | parties for services otherwise performed
by employees, | 17 | | including those in a bargaining unit, and to layoff those
| 18 | | employees upon 14 days written notice to the affected | 19 | | employees. Those
contracts may be for a period not to | 20 | | exceed 5 years and may be awarded on a
system-wide basis. | 21 | | The board may not operate more than 30 contract schools, | 22 | | provided that the board may operate an additional 5 | 23 | | contract turnaround schools pursuant to item (5.5) of | 24 | | subsection (d) of Section 34-8.3 of this Code, and the | 25 | | governing bodies of contract schools are subject to the | 26 | | Freedom of Information Act and Open Meetings Act;
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| 1 | | 31. To promulgate rules establishing procedures | 2 | | governing the layoff or
reduction in force of employees | 3 | | and the recall of such employees, including,
but not | 4 | | limited to, criteria for such layoffs, reductions in force | 5 | | or recall
rights of such employees and the weight to be | 6 | | given to any particular
criterion. Such criteria shall | 7 | | take into account factors, including, but not
limited to, | 8 | | qualifications, certifications, experience, performance | 9 | | ratings or
evaluations, and any other factors relating to | 10 | | an employee's job performance;
| 11 | | 32. To develop a policy to prevent nepotism in the | 12 | | hiring of personnel
or the selection of contractors;
| 13 | | 33. (Blank); and
| 14 | | 34. To establish a Labor Management Council to the | 15 | | board
comprised of representatives of the board, the chief | 16 | | executive
officer, and those labor organizations that are | 17 | | the exclusive
representatives of employees of the board | 18 | | and to promulgate
policies and procedures for the | 19 | | operation of the Council.
| 20 | | The specifications of the powers herein granted are not to | 21 | | be
construed as exclusive, but the board shall also exercise | 22 | | all other
powers that may be requisite or proper for the | 23 | | maintenance and the
development of a public school system, not | 24 | | inconsistent with the other
provisions of this Article or | 25 | | provisions of this Code which apply to all
school districts.
| 26 | | In addition to the powers herein granted and authorized to |
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| 1 | | be exercised
by the board, it shall be the duty of the board to | 2 | | review or to direct
independent reviews of special education | 3 | | expenditures and services.
The board shall file a report of | 4 | | such review with the General Assembly on
or before May 1, 1990.
| 5 | | (Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; | 6 | | 102-465, eff. 1-1-22; 102-558, eff. 8-20-21.)
| 7 | | Section 95. No acceleration or delay. Where this Act makes | 8 | | changes in a statute that is represented in this Act by text | 9 | | that is not yet or no longer in effect (for example, a Section | 10 | | represented by multiple versions), the use of that text does | 11 | | not accelerate or delay the taking effect of (i) the changes | 12 | | made by this Act or (ii) provisions derived from any other | 13 | | Public Act. |
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