(105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
Sec. 10-22.31. Special education.
(a) To enter into joint agreements with other school boards to provide
the needed special educational facilities and to employ a director and
other professional workers as defined in Section 14-1.10 and to establish
facilities as defined in Section 14-1.08 for the types of children described
in Sections 14-1.02 and 14-1.03a. The director (who may be employed under
a contract as provided in subsection (c) of this Section)
and other professional workers may be employed by one district, which
shall be reimbursed on a mutually agreed basis by other districts
that are parties to the joint agreement. Such agreements may provide that
one district may supply professional workers for a joint program conducted
in another district. Such agreement shall provide that any full-time professional worker who is employed by a joint agreement program and spends over
50% of his or her time in one school district shall not be required to work
a different teaching schedule than the other professional worker in that
district. Such agreement shall include, but not be limited to, provisions
for administration, staff, programs, financing, housing, transportation, an
advisory body, and the method or methods to be employed for disposing of property upon the withdrawal of a school district or dissolution of the joint agreement and shall specify procedures for the withdrawal of
districts from
the joint agreement as long as these procedures are consistent with this Section. Such
agreement may be amended at any time as provided in the joint agreement or,
if the joint agreement does not so provide, then such agreement may be
amended at any time upon the adoption of concurring resolutions by the
school boards of all member districts, provided that no later than 6 months after August 28, 2009 (the effective date of Public Act 96-783), all existing agreements shall be amended to be consistent with Public Act 96-783. Such an amendment may include the removal of a school district from or the addition of a school district to the joint agreement without a petition as otherwise required in this Section if all member districts adopt concurring resolutions to that effect. A fully executed copy of any such
agreement or amendment entered into on or after January 1, 1989 shall be
filed with the State Board of Education. Petitions for withdrawal
shall be made to the regional board or boards of school trustees exercising oversight or governance over any of the districts in the joint
agreement. Upon receipt of a petition for withdrawal, the regional board
of school trustees shall
publish notice of and conduct a hearing or, in instances in which more than one regional board of school trustees exercises oversight or governance over any of the districts in the joint agreement, a joint hearing, in accordance with rules adopted by the State Board of Education. In instances in which a single regional board of school trustees holds the hearing, approval of the petition must be by a two-thirds majority vote of the school trustees. In instances in which a joint hearing of 2 or more regional boards of school trustees is required, approval of the petition must be by a two-thirds majority of all those school trustees present and voting. Notwithstanding the provisions of Article 6 of this Code, in instances in which the competent regional board or boards of school trustees has been abolished, petitions for withdrawal shall be made to the school boards of those districts that fall under the oversight or governance of the abolished regional board of school trustees in accordance with rules adopted by the State Board of Education. If any petition is approved pursuant to this subsection (a), the withdrawal takes effect
as provided in Section 7-9 of this Act. The changes to this Section made by Public Act 96-769 apply to all changes to special education joint agreement membership initiated after July 1, 2009.
(b) To either (1) designate an administrative district to act as fiscal
and legal agent for the districts that are parties to the joint
agreement, or (2) designate a governing board composed of one member of
the school board of each cooperating district and designated by such
boards to act in accordance with the joint agreement. No such governing
board may levy taxes and no such governing board may incur any
indebtedness except within an annual budget for the joint agreement
approved by the governing board and by the boards of at least a majority
of the cooperating school districts or a number of districts greater
than a majority if required by
the joint agreement. The governing board may appoint an executive board of at
least 7 members to administer the joint agreement in accordance with
its terms. However, if 7 or more school districts are parties to a joint agreement that does not have an
administrative district: (i) at least a majority of the members appointed by
the governing board to the executive
board shall
be members of the school boards of the cooperating districts; or
(ii) if the
governing
board wishes to appoint members who are not school board members, they shall be
superintendents from the
cooperating districts.
(c) To employ a full-time director of special education of the joint agreement program under a one-year or multi-year
contract. No such contract can be offered or accepted for less than one year. Such contract
may be discontinued at any time by mutual agreement of the contracting
parties, or may be extended for an additional one-year or multi-year period at the end of any year.
The contract year is July 1 through the following June 30th, unless the
contract specifically provides otherwise. Notice of intent not to renew a
contract when given by a controlling board or administrative district must
be in writing stating the specific reason therefor. Notice of intent not
to renew the contract must be given by the controlling board or the
administrative district at least 90 days before the contract expires.
Failure to do so will automatically extend the contract for one
additional year.
By accepting the terms of the contract, the director of a
special education joint agreement waives all rights granted under Sections
24-11 through 24-16 for the duration of his or her employment as a director
of a special education joint agreement.
(d) To designate a district that is a party to the joint agreement as the
issuer of bonds or notes for the purposes and in the manner provided in
this Section. It is not necessary for such district to also be the
administrative district for the joint agreement, nor is it necessary for
the same district to be designated as the issuer of all series of bonds or
notes issued hereunder. Any district so designated may, from time to time,
borrow money and, in evidence of its obligation to repay the borrowing,
issue its negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein, necessary to
provide special educational facilities and services as defined in Section
14-1.08. Title in and to any such facilities shall be held in accordance
with the joint agreement.
Any such bonds or notes shall be authorized by a resolution of the board
of education of the issuing district. The resolution may contain such
covenants as may be deemed necessary or advisable by the district to
assure the payment of the bonds or notes. The resolution shall be
effective immediately upon its adoption.
Prior to the issuance of such bonds or notes, each school district that
is a party to the joint agreement shall agree, whether by amendment to the
joint agreement or by resolution of the board of education, to be jointly
and severally liable for the payment of the bonds and notes. The bonds or
notes shall be payable solely and only from the payments made pursuant to
such agreement.
Neither the bonds or notes nor the obligation to pay the bonds or notes under
any joint agreement shall constitute an indebtedness of any district,
including the issuing district, within the meaning of any constitutional or
statutory limitation.
As long as any bonds or notes are outstanding and unpaid, the agreement
by a district to pay the bonds and notes shall be irrevocable
notwithstanding the district's withdrawal from membership in the joint
special education program.
(e) If a district whose employees are on strike was, prior to the strike,
sending students with disabilities to special educational
facilities and services
in another district or cooperative, the district affected by the strike
shall continue to send such students during the strike and shall be
eligible to receive appropriate State reimbursement.
(f) With respect to those joint agreements that have a governing board
composed of one member of the school board of each cooperating district and
designated by those boards to act in accordance with the joint agreement, the
governing board shall have, in addition to its other powers under this Section,
the authority to issue bonds or notes for the purposes and in the manner
provided in this subsection. The governing board of the joint agreement
may from time to time borrow money and, in evidence of its
obligation to repay the borrowing,
issue its negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein, necessary to
provide special educational facilities and services as defined in Section
14-1.08 and including also facilities for activities of administration and
educational support personnel employees. Title in and to any such facilities
shall be held in accordance with the joint agreement.
Any such bonds or notes shall be authorized by a resolution of the
governing board. The resolution may contain such
covenants as may be deemed necessary or advisable by the governing board
to assure the payment of the bonds or notes and interest accruing thereon.
The resolution shall be effective immediately upon its adoption.
Each school district that
is a party to the joint agreement shall be automatically liable, by virtue of
its membership in the joint agreement, for its proportionate share of the
principal amount of the bonds and notes plus interest accruing thereon, as
provided in the resolution. Subject to the joint and several liability
hereinafter provided for, the resolution may provide for different payment
schedules for different districts except that the aggregate amount of scheduled
payments for each district shall be equal to its proportionate share of the
debt service in the bonds or notes based upon the fraction that its
equalized assessed valuation bears to the total equalized assessed valuation of
all the district members of the joint agreement as adjusted in the manner
hereinafter provided. In computing that fraction the most recent available
equalized assessed valuation at the time of the issuance of the bonds and notes
shall be used, and the equalized assessed valuation of any district maintaining
grades K to 12 shall be doubled in both the numerator and denominator of the
fraction used for all of the districts that are members of the joint
agreement. In case of default in payment by any
member, each school district that is a party to the joint agreement shall
automatically be jointly and severally liable for the amount of any
deficiency. The bonds or
notes and interest thereon shall be payable solely and only from the
funds made available pursuant to the procedures set forth in this
subsection. No project authorized under this subsection may require an
annual contribution for bond payments from any member district in excess of
0.15% of the value of taxable property as equalized or assessed by the
Department of Revenue in the case of districts maintaining grades K-8 or 9-12
and 0.30% of the value of taxable property as equalized or assessed by the
Department of
Revenue in the case of districts maintaining grades K-12. This limitation on
taxing authority is expressly applicable to taxing authority provided under
Section 17-9 and other applicable Sections of this Act. Nothing contained in
this subsection shall be construed as an exception to the property tax
limitations contained in Section 17-2, 17-2.2a, 17-5, or
any other applicable Section of this Act.
Neither the bonds or notes nor the obligation to pay the bonds or notes
under any joint agreement shall constitute an indebtedness of any district
within the meaning of any constitutional or statutory limitation.
As long as any bonds or notes are outstanding and unpaid, the obligation
of a district to pay its proportionate share of the principal of and
interest on the bonds and notes as required in this Section shall be a
general obligation of the district payable from any and all sources of revenue
designated for that purpose by the board of education of the district and shall
be irrevocable notwithstanding the district's withdrawal from membership in the
joint special education program.
(g) A member district wishing to withdraw from a joint agreement may obtain from its school board a written resolution approving the withdrawal. The withdrawing district must then present a written petition for withdrawal from the joint agreement to the other member districts. Under no circumstances may the petition be presented to the other member districts less than 12 months from the date of the proposed withdrawal, unless the member districts agree to waive this timeline. Upon approval by school board written resolution of all of the remaining member districts, the petitioning member district shall notify the State Board of Education of the approved withdrawal in writing and must submit a comprehensive plan developed under subsection (g-5) for review by the State Board. If the petition for withdrawal is not approved, the petitioning member district may appeal the disapproval decision to the trustees of schools of the township that has jurisdiction and authority over the withdrawing district. If a withdrawing district is not under the jurisdiction and authority of the trustees of schools of a township, a hearing panel shall be established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district. The hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the withdrawing district and may not be a current school board member or employee of the withdrawing district or hold any county office. None of the hearing panel members may reside within the same school district. The hearing panel shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to these proceedings must be paid. Prior to the hearing, the withdrawing district shall (i) provide written notification to all parents or guardians of students with disabilities residing within the district of its intent to withdraw from the special education joint agreement; (ii) hold a public hearing to allow for members of the community, parents or guardians of students with disabilities, or any other interested parties an opportunity to review the plan for educating students after the withdrawal and to provide feedback on the plan; and (iii) prepare and provide a comprehensive plan as outlined under subsection (g-5). The trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district shall convene and hear testimony to determine whether the withdrawing district has presented sufficient evidence that the district, standing alone, will provide a full continuum of services and support to all its students with disabilities in the foreseeable future. If the trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district approves the petition for withdrawal, then the petitioning member district shall be withdrawn from the joint agreement effective the following July 1 and shall notify the State Board of Education of the approved withdrawal in writing. (g-5) Each withdrawing district shall develop a comprehensive plan that includes the administrative policies and procedures outlined in Sections 226.50, 226.100, 226.110, 226.180, 226.230, 226.250, 226.260, 226.300, 226.310, 226.320, 226.330, 226.340, 226.350, 226.500, 226.520, 226.530, 226.540, 226.560, 226.700, 226.740, 226.800, and 226.820 and Subpart G of Part 226 of Title 23 of the Illinois Administrative Code and all relevant portions of the federal Individuals with Disabilities Education Act. The withdrawing district must also demonstrate its ability to provide education for a wide range of students with disabilities, including a full continuum of support and services. To demonstrate an appropriate plan for educating all currently enrolled students with disabilities upon withdrawal from the joint agreement, the withdrawing district must provide a written plan for educating and placing all currently eligible students with disabilities. (h) The changes to this Section made by Public Act 96-783 apply to withdrawals from or dissolutions of special education joint agreements initiated after August 28, 2009 (the effective date of Public Act 96-783). (i) Notwithstanding subsections (a), (g), and (h) of this Section or any other provision of this Code to the contrary, an elementary school district that maintains grades up to and including grade 8, that had a 2014-2015 best 3 months' average daily attendance of 5,209.57, and that had a 2014 equalized assessed valuation of at least $451,500,000, but not more than $452,000,000, may withdraw from its special education joint agreement program consisting of 6 school districts upon submission and approval of the comprehensive plan, in compliance with the applicable requirements of Section 14-4.01 of this Code, in addition to the approval by the school board of the elementary school district and notification to and the filing of an intent to withdraw statement with the governing board of the joint agreement program. Such notification and statement shall specify the effective date of the withdrawal, which in no case shall be less than 60 days after the date of the filing of the notification and statement. Upon receipt of the notification and statement, the governing board of the joint agreement program shall distribute a copy to each member district of the joint agreement and shall initiate any appropriate allocation of assets and liabilities among the remaining member districts to take effect upon the date of the withdrawal. The withdrawal shall take effect upon the date specified in the notification and statement. (Source: P.A. 100-66, eff. 8-11-17; 101-164, eff. 7-26-19.)
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(105 ILCS 5/10-22.34c)
Sec. 10-22.34c. Third party non-instructional services. (a) A
board of education may enter into a contract with a third party for
non-instructional services currently performed by any employee or bargaining
unit member or lay off those educational support personnel employees
upon 90 days
written notice to
the affected employees, provided that: (1) a contract must not be entered into and become |
| effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;
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(2) a contract may only take effect upon the
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| expiration of an existing collective bargaining agreement;
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(3) any third party that submits a bid to perform
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| the non-instructional services shall provide the following:
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(A) evidence of liability insurance in scope and
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| amount equivalent to the liability insurance provided by the school board pursuant to Section 10-22.3 of this Code;
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(B) a benefits package for the third party's
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| employees who will perform the non-instructional services comparable to the benefits package provided to school board employees who perform those services;
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(C) a list of the number of employees who will
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| provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;
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(D) a minimum 3-year cost projection, using
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| generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the school board, for each and every expenditure category and account for performing the non-instructional services;
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(E) composite information about the criminal and
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| disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the school board; and
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(F) an affidavit, notarized by the president or
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| chief executive officer of the third party, that each of its employees has completed a criminal background check as required by Section 10-21.9 of this Code within 3 months prior to submission of the bid, provided that the results of such background checks need not be provided with the submission of the bid, but must be made available upon request of the school board;
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(4) a contract must not be entered into unless the
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| school board provides a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the school board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that is projected a third party would incur if a third party performed the non-instructional services;
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(5) review and consideration of all bids by third
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| parties to perform the non-instructional services shall take place in open session of a regularly scheduled school board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled school board meeting;
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(6) a minimum of one public hearing, conducted by
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| the school board prior to a regularly scheduled school board meeting, to discuss the school board's proposal to contract with a third party to perform the non-instructional services must be held before the school board may enter into such a contract; the school board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;
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(7) a contract shall contain provisions requiring
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| the contractor to offer available employee positions pursuant to the contract to qualified school district employees whose employment is terminated because of the contract; and
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(8) a contract shall contain provisions requiring
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| the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.
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(b) Notwithstanding subsection (a) of this Section, a board of education may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the school district's students or staff, provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act.
(c) The changes to this Section made by this amendatory Act of the 95th General Assembly are not applicable to non-instructional services of a school district that on the effective date of this amendatory Act of the 95th General Assembly are performed for the school district by a third party.
(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
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(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
(Text of Section from P.A. 103-8)
Sec. 10-22.36. Buildings for school purposes. (a) To build or purchase a building for school classroom or
instructional purposes upon the approval of a majority of the voters upon the
proposition at a referendum held for such purpose or in accordance with
Section 17-2.11, 19-3.5, or 19-3.10. The board may initiate such referendum by resolution.
The board shall certify the resolution and proposition to the proper
election authority for submission in accordance with the general election law.
The questions of building one or more new buildings for school
purposes or office facilities, and issuing bonds for the purpose of
borrowing money to purchase one or more buildings or sites for such
buildings or office sites, to build one or more new buildings for school
purposes or office facilities or to make additions and improvements to
existing school buildings, may be combined into one or more propositions
on the ballot.
Before erecting, or purchasing or remodeling such a building the
board shall submit the plans and specifications respecting heating,
ventilating, lighting, seating, water supply, toilets and safety against
fire to the regional superintendent of schools having supervision and
control over the district, for approval in accordance with Section 2-3.12.
Notwithstanding any of the foregoing, no referendum shall be required
if the purchase, construction, or building of any
such
building (1) occurs while the building is being
leased by the school district or (2) is paid with (A) funds
derived from the sale or disposition of other buildings, land, or
structures of the school district or (B) funds received (i) as a
grant under the
School Construction Law or (ii) as gifts or donations,
provided that no funds to purchase, construct, or build such building, other than lease
payments, are
derived from the district's bonded indebtedness or the tax levy of
the
district. Notwithstanding any of the foregoing, no referendum shall be required if the purchase, construction, or building of any such building is paid with funds received from the County School Facility and Resources Occupation Tax Law under Section 5-1006.7 of the Counties Code or from the proceeds of bonds or other debt obligations secured by revenues obtained from that Law. Notwithstanding any of the foregoing, for Decatur School District Number 61, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, any COVID-19 pandemic relief program or funding source, including, but not limited to, Elementary and Secondary School Emergency Relief Fund grant proceeds. (b) Notwithstanding the provisions of subsection (a), for any school district: (i) that is a tier 1 school, (ii) that has a population of less than 50,000 inhabitants, (iii) whose student population is between 5,800 and 6,300, (iv) in which 57% to 62% of students are low-income, and (v) whose average district spending is between $10,000 to $12,000 per pupil, until July 1, 2025, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, the federal Consolidated Appropriations Act and the federal American Rescue Plan Act of 2021. For this subsection (b), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to construct a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering constructing must be provided at least 10 days prior to the hearing by publication on the school board's Internet website.
(c) Notwithstanding the provisions of subsection (a) and (b), for Cahokia Community Unit School District 187, no referendum shall be required for the lease of any building for school or educational purposes if the cost is paid or will be paid with funds available at the time of the lease in the district's existing fund balances to fund the lease of a building during the 2023-2024 or 2024-2025 school year. For the purposes of this subsection (c), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to lease a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering leasing must be provided at least 10 days prior to the hearing by publication on the school district's website. (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; 103-8, eff. 6-7-23.)
(Text of Section from P.A. 103-509)
Sec. 10-22.36. Buildings for school purposes. (a) To build or purchase a building for school classroom or
instructional purposes upon the approval of a majority of the voters upon the
proposition at a referendum held for such purpose or in accordance with
Section 17-2.11, 19-3.5, or 19-3.10. The board may initiate such referendum by resolution.
The board shall certify the resolution and proposition to the proper
election authority for submission in accordance with the general election law.
The questions of building one or more new buildings for school
purposes or office facilities, and issuing bonds for the purpose of
borrowing money to purchase one or more buildings or sites for such
buildings or office sites, to build one or more new buildings for school
purposes or office facilities or to make additions and improvements to
existing school buildings, may be combined into one or more propositions
on the ballot.
Before erecting, or purchasing or remodeling such a building the
board shall submit the plans and specifications respecting heating,
ventilating, lighting, seating, water supply, toilets and safety against
fire to the regional superintendent of schools having supervision and
control over the district, for approval in accordance with Section 2-3.12.
Notwithstanding any of the foregoing, no referendum shall be required
if the purchase, construction, or building of any
such
building (1) occurs while the building is being
leased by the school district or (2) is paid with (A) funds
derived from the sale or disposition of other buildings, land, or
structures of the school district or (B) funds received (i) as a
grant under the
School Construction Law or (ii) as gifts or donations,
provided that no funds to purchase, construct, or build such building, other than lease
payments, are
derived from the district's bonded indebtedness or the tax levy of
the
district. Notwithstanding any of the foregoing, no referendum shall be required if the purchase, construction, or building of any such building is paid with funds received from the County School Facility and Resources Occupation Tax Law under Section 5-1006.7 of the Counties Code or from the proceeds of bonds or other debt obligations secured by revenues obtained from that Law. Notwithstanding any of the foregoing, for Decatur School District Number 61, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, any COVID-19 pandemic relief program or funding source, including, but not limited to, Elementary and Secondary School Emergency Relief Fund grant proceeds. (b) Notwithstanding the provisions of subsection (a), for any school district: (i) that is a tier 1 school, (ii) that has a population of less than 50,000 inhabitants, (iii) whose student population is between 5,800 and 6,300, (iv) in which 57% to 62% of students are low-income, and (v) whose average district spending is between $10,000 to $12,000 per pupil, until July 1, 2025, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, the federal Consolidated Appropriations Act and the federal American Rescue Plan Act of 2021. For this subsection (b), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to construct a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering constructing must be provided at least 10 days prior to the hearing by publication on the school board's Internet website.
(c) Notwithstanding the provisions of subsection (a) and (b), for Bloomington School District 87, no referendum shall be required for the purchase, construction, or building of any building for school or education purposes if such cost is paid, or will be paid with funds available at the time of contract, purchase, construction, or building in Bloomington School District Number 87's existing fund balances to fund the procurement or requisition of a building or site during the 2022-2023, 2023-2024, or 2024-2025 school years. For this subsection (c), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to construct a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering constructing must be provided at least 10 days prior to the hearing by publication on the school board's website. (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; 103-509, eff. 8-4-23.)
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(105 ILCS 5/10-22.39) (Text of Section from P.A. 103-41) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 10-22.39. In-service training programs. (a) To conduct in-service training programs for teachers. (b) In addition to other topics at in-service training programs, at least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness, trauma, and suicidal behavior in youth and shall be taught appropriate intervention and referral techniques. A school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this subsection. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection. Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection (b). A course of instruction as described in this subsection (b) may provide information that is relevant to and within the scope of the duties of licensed school personnel or school administrators. Such information may include, but is not limited to: (1) the recognition of and care for trauma in |
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(2) the relationship between educator wellness and
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(3) the effect of trauma on student behavior and
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(4) the prevalence of trauma among students,
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| including the prevalence of trauma among student populations at higher risk of experiencing trauma;
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(5) the effects of implicit or explicit bias on
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| recognizing trauma among various student groups in connection with race, ethnicity, gender identity, sexual orientation, socio-economic status, and other relevant factors; and
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(6) effective district practices that are shown to:
(A) prevent and mitigate the negative effect of
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| trauma on student behavior and learning; and
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(B) support the emotional wellness of staff.
(c) School counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.
(d) In this subsection (d):
"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.
"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.
At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.
(e) At least every 2 years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management.
(f) At least once every 2 years, a school board shall conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel.
(g) At least once every 2 years, a school board shall conduct in-service training on homelessness for all school personnel. The training shall include:
(1) the definition of homeless children and youth
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| under Section 11434a of Title 42 of the United States Code;
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|
(2) the signs of homelessness and housing insecurity;
(3) the rights of students experiencing homelessness
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| under State and federal law;
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|
(4) the steps to take when a homeless or
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| housing-insecure student is identified; and
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|
(5) the appropriate referral techniques, including
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| the name and contact number of the school or school district homeless liaison.
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|
A school board may work with a community-based organization that specializes in working with homeless children and youth to develop and provide the training.
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-41, eff. 8-20-24.)
(Text of Section from P.A. 103-128)
Sec. 10-22.39. In-service training programs.
(a) To conduct in-service training programs for teachers.
(b) In addition to other topics at in-service training programs, at least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness, trauma, and suicidal behavior in youth and shall be taught appropriate intervention and referral techniques. A school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this subsection. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection.
Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection (b).
A course of instruction as described in this subsection (b) may provide information that is relevant to and within the scope of the duties of licensed school personnel or school administrators. Such information may include, but is not limited to:
(1) the recognition of and care for trauma in
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(2) the relationship between educator wellness and
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|
(3) the effect of trauma on student behavior and
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(4) the prevalence of trauma among students,
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| including the prevalence of trauma among student populations at higher risk of experiencing trauma;
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(5) the effects of implicit or explicit bias on
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| recognizing trauma among various student groups in connection with race, ethnicity, gender identity, sexual orientation, socio-economic status, and other relevant factors; and
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(6) effective district practices that are shown to:
(A) prevent and mitigate the negative effect of
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| trauma on student behavior and learning; and
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|
(B) support the emotional wellness of staff.
(c) School counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.
(d) In this subsection (d):
"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.
"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.
At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.
(e) At least every 2 years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management.
(f) At least once every 2 years, a school board shall conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel.
(g) At least once every 2 years, a school board shall conduct in-service training for all school district employees on the methods to respond to trauma. The training must include instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. A school board may satisfy the training requirements under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization.
School district employees who are trained to respond to trauma pursuant to this subsection (g) shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct.
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-128, eff. 6-30-23.)
(Text of Section from P.A. 103-413)
Sec. 10-22.39. In-service training programs.
(a) To conduct in-service training programs for teachers.
(b) In addition to other topics at in-service training programs, at least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness, trauma, and suicidal behavior in youth and shall be taught appropriate intervention and referral techniques. A school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this subsection. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection.
Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection (b).
A course of instruction as described in this subsection (b) must include the definitions of trauma, trauma-responsive learning environments, and whole child set forth in subsection (b) of Section 3-11 of this Code and may provide information that is relevant to and within the scope of the duties of licensed school personnel or school administrators. Such information may include, but is not limited to:
(1) the recognition of and care for trauma in
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|
(2) the relationship between educator wellness and
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|
(3) the effect of trauma on student behavior and
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|
(4) the prevalence of trauma among students,
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| including the prevalence of trauma among student populations at higher risk of experiencing trauma;
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|
(5) the effects of implicit or explicit bias on
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| recognizing trauma among various student groups in connection with race, ethnicity, gender identity, sexual orientation, socio-economic status, and other relevant factors; and
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|
(6) effective district practices that are shown to:
(A) prevent and mitigate the negative effect of
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| trauma on student behavior and learning; and
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|
(B) support the emotional wellness of staff.
(c) School counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.
(d) In this subsection (d):
"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.
"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.
At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.
(e) At least every 2 years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management.
(f) At least once every 2 years, a school board shall conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel.
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-413, eff. 1-1-24.)
(Text of Section from P.A. 103-542)
(This Section may contain text from a Public Act with a delayed effective date )
Sec. 10-22.39. In-service training programs.
(a) To conduct in-service training programs for teachers, administrators, and school support personnel.
(b) In addition to other topics at in-service training programs listed in this Section, teachers, administrators, and school support personnel who work with pupils must be trained in the following topics: health conditions of students; social-emotional learning; developing cultural competency; identifying warning signs of mental illness and suicidal behavior in youth; domestic and sexual violence and the needs of expectant and parenting youth; protections and accommodations for students; educator ethics; responding to child sexual abuse and grooming behavior; and effective instruction in violence prevention and conflict resolution. In-service training programs in these topics shall be credited toward hours of professional development required for license renewal as outlined in subsection (e) of Section 21B-45.
School support personnel may be exempt from in-service training if the training is not relevant to the work they do.
Nurses and school nurses, as defined by Section 10-22.23, are exempt from training required in subsection (b-5).
Beginning July 1, 2024, all teachers, administrators, and school support personnel shall complete training as outlined in Section 10-22.39 during an in-service training program conducted by their school board or through other training opportunities, including, but not limited to, institutes under Section 3-11. Such training must be completed within 6 months of employment by a school board and renewed at least once every 5 years, unless required more frequently by other State or federal law or in accordance with this Section. If teachers, administrators, or school support personnel obtain training outside of an in-service training program or from a previous public school district or nonpublic school employer, they may present documentation showing current compliance with this subsection to satisfy the requirement of receiving training within 6 months of first being employed. Training may be delivered through online, asynchronous means.
(b-5) Training regarding health conditions of students for staff required by this Section shall include, but is not limited to:
(1) Chronic health conditions of students.
(2) Anaphylactic reactions and management. Such
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| training shall be conducted by persons with expertise in anaphylactic reactions and management.
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|
(3) The management of asthma, the prevention of
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| asthma symptoms, and emergency response in the school setting.
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|
(4) The basics of seizure recognition and first aid
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| and appropriate emergency protocols. Such training must be fully consistent with the best practice guidelines issued by the Centers for Disease Control and Prevention.
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(5) The basics of diabetes care, how to identify when
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| a student with diabetes needs immediate or emergency medical attention, and whom to contact in the case of an emergency.
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(6) Current best practices regarding the
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| identification and treatment of attention deficit hyperactivity disorder.
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(7) Instruction on how to respond to an incident
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| involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. Beginning with the 2024-2025 school year, training on life-threatening bleeding must be completed within 6 months of the employee first being employed by a school board and renewed within 2 years. Beginning with the 2027-2028 school year, the training must be completed within 6 months of the employee first being employed by a school board and renewed at least once every 5 years thereafter.
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In consultation with professional organizations with expertise in student health issues, including, but not limited to, asthma management, anaphylactic reactions, seizure recognition, and diabetes care, the State Board of Education shall make available resource materials for educating school personnel about student health conditions and emergency response in the school setting.
A school board may satisfy the life-threatening bleeding training under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization.
(b-10) The training regarding social-emotional learning, for staff required by this Section may include, at a minimum, providing education to all school personnel about the content of the Illinois Social and Emotional Learning Standards, how those standards apply to everyday school interactions, and examples of how social emotional learning can be integrated into instructional practices across all grades and subjects.
(b-15) The training regarding developing cultural competency for staff required by this Section shall include, but is not limited to, understanding and reducing implicit bias, including implicit racial bias. As used in this subsection, "implicit racial bias" has the meaning set forth in Section 10-20.61.
(b-20) The training regarding identifying warning signs of mental illness, trauma, and suicidal behavior in youth for staff required by this Section shall include, but is not limited to, appropriate intervention and referral techniques, including resources and guidelines as outlined in Section 2-3.166.
Illinois Mental Health First Aid training, established under the Illinois Mental Health First Aid Training Act, may satisfy the requirements of this subsection.
If teachers, administrators, or school support personnel obtain mental health first aid training outside of an in-service training program, they may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection. Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection.
(b-25) As used in this subsection:
"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.
"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 2012, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.
The training regarding domestic and sexual violence and the needs of expectant and parenting youth for staff required by this Section must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth, and shall include, but is not limited to:
(1) communicating with and listening to youth victims
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| of domestic or sexual violence and expectant and parenting youth;
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|
(2) connecting youth victims of domestic or sexual
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| violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed;
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|
(3) implementing the school district's policies,
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| procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence; and
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(4) procedures for responding to incidents of teen
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| dating violence that take place at the school, on school grounds, at school-sponsored activities, or in vehicles used for school-provided transportation as outlined in Section 3.10 of the Critical Health Problems and Comprehensive Health Education Act.
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(b-30) The training regarding protections and accommodations for students shall include, but is not limited to, instruction on the federal Americans with Disabilities Act, as it pertains to the school environment, and homelessness. Beginning with the 2024-2025 school year, training on homelessness must be completed within 6 months of an employee first being employed by a school board and renewed within 2 years. Beginning with the 2027-2028 school year, the training must be completed within 6 months of the employee first being employed by a school board and renewed at least once every 5 years thereafter. Training on homelessness shall include the following:
(1) the definition of homeless children and youths
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|
(2) the signs of homelessness and housing insecurity;
(3) the rights of students experiencing homelessness
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| under State and federal law;
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|
(4) the steps to take when a homeless or
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| housing-insecure student is identified; and
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|
(5) the appropriate referral techniques, including
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| the name and contact number of the school or school district homeless liaison.
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|
School boards may work with a community-based organization that specializes in working with homeless children and youth to develop and provide the training.
(b-35) The training regarding educator ethics and responding to child sexual abuse and grooming behavior shall include, but is not limited to, teacher-student conduct, school employee-student conduct, and evidence-informed training on preventing, recognizing, reporting, and responding to child sexual abuse and grooming as outlined in Section 10-23.13.
(b-40) The training regarding effective instruction in violence prevention and conflict resolution required by this Section shall be conducted in accordance with the requirements of Section 27-23.4.
(c) Beginning July 1, 2024, all nonpublic elementary and secondary school teachers, administrators, and school support personnel shall complete the training set forth in subsection (b-5). Training must be completed within 6 months of first being employed by a nonpublic school and renewed at least once every 5 years, unless required more frequently by other State or federal law. If nonpublic teachers, administrators, or school support personnel obtain training from a public school district or nonpublic school employer, the teacher, administrator, or school support personnel may present documentation to the nonpublic school showing current compliance with this subsection to satisfy the requirement of receiving training within 6 months of first being employed.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).)
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(105 ILCS 5/10-29) Sec. 10-29. Remote educational programs. (a) For purposes of this Section, "remote educational program" means an educational program delivered to students in the home or other location outside of a school building that meets all of the following criteria: (1) A student may participate in the program only |
| after the school district, pursuant to adopted school board policy, and a person authorized to enroll the student under Section 10-20.12b of this Code determine that a remote educational program will best serve the student's individual learning needs. The adopted school board policy shall include, but not be limited to, all of the following:
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(A) Criteria for determining that a remote
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| educational program will best serve a student's individual learning needs. The criteria must include consideration of, at a minimum, a student's prior attendance, disciplinary record, and academic history.
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(B) Any limitations on the number of students or
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| grade levels that may participate in a remote educational program.
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(C) A description of the process that the school
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| district will use to approve participation in the remote educational program. The process must include without limitation a requirement that, for any student who qualifies to receive services pursuant to the federal Individuals with Disabilities Education Improvement Act of 2004, the student's participation in a remote educational program receive prior approval from the student's individualized education program team.
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(D) A description of the process the school
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| district will use to develop and approve a written remote educational plan that meets the requirements of subdivision (5) of this subsection (a).
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(E) A description of the system the school
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| district will establish to determine student participation in instruction in accordance with the remote educational program.
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(F) A description of the process for renewing a
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| remote educational program at the expiration of its term.
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(G) Such other terms and provisions as the
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| school district deems necessary to provide for the establishment and delivery of a remote educational program.
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(2) The school district has determined that the
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| remote educational program's curriculum is aligned to State learning standards and that the program offers instruction and educational experiences consistent with those given to students at the same grade level in the district.
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(3) The remote educational program is delivered by
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| instructors that meet the following qualifications:
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(A) they are licensed under Article 21B of this
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(B) (blank); and
(C) they have responsibility for all of the
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| following elements of the program: planning instruction, diagnosing learning needs, prescribing content delivery through class activities, assessing learning, reporting outcomes to administrators and parents and guardians, and evaluating the effects of instruction.
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(4) During the period of time from and including the
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| opening date to the closing date of the regular school term of the school district established pursuant to Section 10-19 of this Code, participation in a remote educational program may be claimed for evidence-based funding purposes under Section 18-8.15 of this Code on any calendar day, notwithstanding whether the day is a day of pupil attendance or institute day on the school district's calendar or any other provision of law restricting instruction on that day. If the district holds year-round classes in some buildings, the district shall classify each student's participation in a remote educational program as either on a year-round or a non-year-round schedule for purposes of claiming evidence-based funding. Outside of the regular school term of the district, the remote educational program may be offered as part of any summer school program authorized by this Code.
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(5) Each student participating in a remote
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| educational program must have a written remote educational plan that has been approved by the school district and a person authorized to enroll the student under Section 10-20.12b of this Code. The school district and a person authorized to enroll the student under Section 10-20.12b of this Code must approve any amendment to a remote educational plan. The remote educational plan must include, but is not limited to, all of the following:
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(A) Specific achievement goals for the student
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| aligned to State learning standards.
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(B) A description of all assessments that will be
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| used to measure student progress, which description shall indicate the assessments that will be administered at an attendance center within the school district.
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(C) A description of the progress reports that
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| will be provided to the school district and the person or persons authorized to enroll the student under Section 10-20.12b of this Code.
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(D) Expectations, processes, and schedules for
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| interaction between a teacher and student.
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(E) A description of the specific
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| responsibilities of the student's family and the school district with respect to equipment, materials, phone and Internet service, and any other requirements applicable to the home or other location outside of a school building necessary for the delivery of the remote educational program.
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(F) If applicable, a description of how the
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| remote educational program will be delivered in a manner consistent with the student's individualized education program required by Section 614(d) of the federal Individuals with Disabilities Education Improvement Act of 2004 or plan to ensure compliance with Section 504 of the federal Rehabilitation Act of 1973.
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(G) A description of the procedures and
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| opportunities for participation in academic and extracurricular activities and programs within the school district.
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(H) The identification of a parent, guardian, or
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| other responsible adult who will provide direct supervision of the program. The plan must include an acknowledgment by the parent, guardian, or other responsible adult that he or she may engage only in non-teaching duties not requiring instructional judgment or the evaluation of a student. The plan shall designate the parent, guardian, or other responsible adult as non-teaching personnel or volunteer personnel under subsection (a) of Section 10-22.34 of this Code.
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(I) The identification of a school district
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| administrator who will oversee the remote educational program on behalf of the school district and who may be contacted by the student's parents with respect to any issues or concerns with the program.
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(J) The term of the student's participation in
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| the remote educational program, which may not extend for longer than 12 months, unless the term is renewed by the district in accordance with subdivision (7) of this subsection (a).
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(K) A description of the specific location or
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| locations in which the program will be delivered. If the remote educational program is to be delivered to a student in any location other than the student's home, the plan must include a written determination by the school district that the location will provide a learning environment appropriate for the delivery of the program. The location or locations in which the program will be delivered shall be deemed a long distance teaching reception area under subsection (a) of Section 10-22.34 of this Code.
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(L) Certification by the school district that the
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| plan meets all other requirements of this Section.
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(6) Students participating in a remote educational
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| program must be enrolled in a school district attendance center pursuant to the school district's enrollment policy or policies. A student participating in a remote educational program must be tested as part of all assessments administered by the school district pursuant to Section 2-3.64a-5 of this Code at the attendance center in which the student is enrolled and in accordance with the attendance center's assessment policies and schedule. The student must be included within all accountability determinations for the school district and attendance center under State and federal law.
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(7) The term of a student's participation in a
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| remote educational program may not extend for longer than 12 months, unless the term is renewed by the school district. The district may only renew a student's participation in a remote educational program following an evaluation of the student's progress in the program, a determination that the student's continuation in the program will best serve the student's individual learning needs, and an amendment to the student's written remote educational plan addressing any changes for the upcoming term of the program.
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For purposes of this Section, a remote educational program does not include instruction delivered to students through an e-learning program approved under Section 10-20.56 of this Code.
(b) A school district may, by resolution of its school board, establish a remote educational program.
(c) (Blank).
(d) The impact of remote educational programs on wages, hours, and terms and conditions of employment of educational employees within the school district shall be subject to local collective bargaining agreements.
(e) The use of a home or other location outside of a school building for a remote educational program shall not cause the home or other location to be deemed a public school facility.
(f) A remote educational program may be used, but is not required, for instruction delivered to a student in the home or other location outside of a school building that is not claimed for evidence-based funding purposes under Section 18-8.15 of this Code.
(g) School districts that, pursuant to this Section, adopt a policy for a remote educational program must submit to the State Board of Education a copy of the policy and any amendments thereto, as well as data on student participation in a format specified by the State Board of Education. The State Board of Education may perform or contract with an outside entity to perform an evaluation of remote educational programs in this State.
(h) The State Board of Education may adopt any rules necessary to ensure compliance by remote educational programs with the requirements of this Section and other applicable legal requirements.
(Source: P.A. 101-81, eff. 7-12-19; 102-894, eff. 5-20-22.)
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