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90_HB2365
SEE INDEX
Creates the Dissection Alternatives Act. Provides that
public elementary and secondary schools may excuse a student
from performing or observing dissection and may allow the
student to instead perform an alternative project. Provides
that students may not be penalized for refusing to
participate in or observe dissection. Directs the State
Board of Education, the Illinois Community College Board, and
the Board of Higher Education to provide guidelines for
notifying students and parents about courses that include
dissection. Adds provisions amending the School Code relative
to: qualifications for membership on the State Board of
Education; the State Board of Education contracting for an
audit of Bloom Township High School District 206 and making
dissection alternatives available to school districts;
determining the residency of pupils in the Chicago public
school system; validation of the tax levy of a community unit
school district; the definition of school construction for
purposes of determining when a sprinkler system must be
installed as part of that construction; establishing an Irish
Famine study as part of the curriculum of a public school;
and Chicago attendance centers which apply for and are
designated as a small school by the board of education.
Authorizes a community unit school district that meets
certain statutory criteria to issue additional bonds,
notwithstanding its additional indebtedness. Amends the
Illinois School Student Records Act to authorize the release
of student records to a governmental or social service agency
in furtherance of an investigation of a student's school
attendance. Amends the Critical Health Problems and
Comprehensive Health Education Act relative to the employment
by school districts of personnel certified by an appropriate
agency as qualified to administer first aid and
cardiopulmonary resuscitation. Makes other changes.
Effective July 1, 1998.
LRB9007351NTcw
LRB9007351NTcw
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 1. Short title. This Act may be cited as the
5 Dissection Alternatives Act.
6 Section 5. Definitions. For the purposes of this Act,
7 unless the context otherwise requires:
8 "Student" means (i) a pupil at a public or private
9 elementary or secondary school in Illinois, (ii) a student at
10 an Illinois community college, or (iii) an undergraduate
11 student at a public or private college or university in
12 Illinois.
13 "Teacher" means a person who is teaching (i) at a public
14 or private elementary or secondary school in Illinois, (ii)
15 at an Illinois community college, or (iii) undergraduate
16 students at a public or private college or university in
17 Illinois; regardless of whether that teaching is on a
18 full-time or part-time, temporary or permanent, or regular or
19 substitute basis.
20 "Dissection" includes cutting, killing, inspecting,
21 touching, handling, preserving, mounting, or other
22 manipulation of living or dead animals or animal parts for
23 scientific study; but does not include the cutting,
24 inspecting, touching, handling, preserving, mounting, or
25 other manipulation of (1) meat or other animal products that
26 have been processed for use as food or in the preparation of
27 food or (2) wool, silk, glue, or other commercial or artistic
28 products derived from animals.
29 Section 10. Alternative student projects. A school may
30 excuse a student enrolled in a course in which students are
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1 ordinarily expected to perform, participate in, or observe
2 dissection who objects for any reason to performing,
3 participating in, or observing that dissection and instead
4 allow the student to complete an alternative project. The
5 alternative project should be nonpunative and should be
6 reasonably chosen to provide the student, through means other
7 than dissection, with knowledge similar to that expected to
8 be gained by other students in the course who perform,
9 participate in, or observe the dissection. In the case of a
10 student in a public elementary or secondary school, the
11 alternative project should be consistent with any guidelines
12 for alternative projects that have been adopted by the State
13 Board of Education.
14 Section 15. Guidelines for notification of students and
15 parents.
16 (a) The State Board of Education shall develop and make
17 available guidelines that may be used by the public
18 elementary and secondary schools within this State to give
19 appropriate notice of the following to students and their
20 parents or legal guardians:
21 (1) Which, if any, of the courses taught at the
22 school ordinarily require or allow the student to
23 perform, participate in, or observe dissection.
24 (2) Whether or not the school makes available to
25 students the opportunity to complete an alternative
26 project.
27 (b) The Illinois Community College Board shall develop
28 and make available guidelines that may be used by the public
29 community colleges of this State for the purpose of providing
30 to community college students the notifications described in
31 subsection (a).
32 (c) The Board of Higher Education shall develop and make
33 available guidelines that may be used by the public and
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1 private colleges and universities of this State for the
2 purpose of providing to their students the notifications
3 described in subsection (a).
4 Section 20. Information concerning dissection
5 alternatives.
6 (a) The Illinois Community College Board shall make
7 available to public community colleges sources of information
8 concerning alternatives to the dissection of animals. Such
9 information may include, but need not be limited to, names,
10 addresses, and contact personnel of organizations that offer
11 free instructional and teaching materials as alternatives to
12 dissection.
13 (b) The Board of Higher Education shall make available
14 to public and private colleges and universities sources of
15 information concerning alternatives to the dissection of
16 animals. Such information may include, but need not be
17 limited to, names, addresses, and contact personnel of
18 organizations that offer free instructional and teaching
19 materials as alternatives to dissection.
20 Section 25. Discrimination prohibited. A student may
21 not be penalized or discriminated against in any way for
22 refusing to perform, participate in, or observe dissection.
23 Section 75. The School Code is amended by adding
24 Sections 2-3.27a, 2-3.123, 17-2.11b, and 27-20.6 and changing
25 Sections 1A-2, 10-20.12b, 19-1, 22-23, 34-2.4b, and 34-4.5 as
26 follows:
27 (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
28 Sec. 1A-2. Qualifications. The members of the State
29 Board of Education shall be citizens of the United States and
30 residents of the State of Illinois and shall be selected as
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1 far as may be practicable on the basis of their knowledge of,
2 or interest and experience in, problems of public education.
3 No member of the State Board of Education shall be gainfully
4 employed or administratively connected with any school
5 system, nor have any interest in or benefit from funds
6 provided by the State Board of Education to an or institution
7 of higher learning, public or private, within Illinois, nor
8 shall they be members of a school board or board of school
9 trustees of a public or nonpublic school, college, university
10 or technical institution within Illinois. No member shall
11 be appointed to more than 2 six year terms. Members shall be
12 reimbursed for all ordinary and necessary expenses incurred
13 in performing their duties as members of the Board. Expenses
14 shall be approved by the Board and be consistent with the
15 laws, policies, and requirements of the State of Illinois
16 regarding such expenditures, plus any member may include in
17 his claim for expenses $50 per day for meeting days.
18 (Source: P.A. 80-1513.)
19 (105 ILCS 5/2-3.27a new)
20 Sec. 2-3.27a. The State Board of Education shall
21 contract with an independent certified public accountant or
22 accounting firm to conduct a management audit of Bloom
23 Township High School District 206. The audit shall include a
24 review of the adequacy of the school district's long-term
25 financial plan and its policies and procedures for issuing
26 bonds for school finance purposes. The audit shall also
27 review the competitiveness of interest rates, disposition of
28 premiums and fees, and taxability of the district's 1992 and
29 1995 bond issues.
30 The State Board of Education shall submit the completed
31 audit to the General Assembly and the Auditor General no
32 later than December 31, 1997, and shall make the report
33 available upon request to any other person. The Auditor
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1 General shall be given access to the audit working papers and
2 other supporting information at his or her request, and those
3 working papers shall also be public documents, except to the
4 extent that specific information contained in those working
5 papers is confidential by or pursuant to law.
6 (105 ILCS 5/2-3.123 new)
7 Sec. 2-3.123. Dissection alternatives. The State Board
8 of Education shall make available to school districts sources
9 of information concerning alternatives to the dissection of
10 animals. Such information may include, but need not be
11 limited to, names, addresses, and contact personnel of
12 organizations that offer free instructional and teaching
13 materials as alternatives to dissection.
14 (105 ILCS 5/10-20.12b)
15 Sec. 10-20.12b. Residency; payment of tuition; hearing;
16 criminal penalty.
17 (a) For purposes of this Section:
18 (1) The residence of a person who has legal custody
19 of a pupil is deemed to be the residence of the pupil.
20 (2) "Legal custody" means one of the following:
21 (i) Custody exercised by a natural or adoptive
22 parent with whom the pupil resides.
23 (ii) Custody granted by order of a court of
24 competent jurisdiction to a person with whom the
25 pupil resides for reasons other than to have access
26 to the educational programs of the district.
27 (iii) Custody exercised under a statutory
28 short-term guardianship, provided that within 60
29 days of the pupil's enrollment a court order is
30 entered that establishes a permanent guardianship
31 and grants custody to a person with whom the pupil
32 resides for reasons other than to have access to the
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1 educational programs of the district.
2 (iv) Custody exercised by an adult caretaker
3 relative who is receiving aid under the Illinois
4 Public Aid Code for the pupil who resides with that
5 adult caretaker relative for purposes other than to
6 have access to the educational programs of the
7 district.
8 (v) Custody exercised by an adult who
9 demonstrates that, in fact, he or she has assumed
10 and exercises legal responsibility for the pupil and
11 provides the pupil with a regular fixed night-time
12 abode for purposes other than to have access to the
13 educational programs of the district.
14 (b) Except as otherwise provided under Section 10-22.5a,
15 only resident pupils of a school district may attend the
16 schools of the district without payment of the tuition
17 required to be charged under Section 10-20.12a. However,
18 children for whom the Guardianship Administrator of the
19 Department of Children and Family Services has been appointed
20 temporary custodian or guardian of the person of a child
21 shall not be charged tuition as a nonresident pupil if the
22 child was placed by the Department of Children and Family
23 Services with a foster parent or placed in another type of
24 child care facility and the foster parent or child care
25 facility is located in a school district other than the
26 child's former school district and it is determined by the
27 Department of Children and Family Services to be in the
28 child's best interest to maintain attendance at his or her
29 former school district.
30 (c) The provisions of this subsection do not apply in
31 school districts having a population of 500,000 or more. If a
32 school board in a school district with a population of less
33 than 500,000 determines that a pupil who is attending school
34 in the district on a tuition free basis is a nonresident of
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1 the district for whom tuition is required to be charged under
2 Section 10-20.12a, the board shall notify the person who
3 enrolled the pupil of the amount of the tuition charged under
4 Section 10-20.12a that is due to the district for the
5 nonresident pupil's attendance in the district's schools.
6 The notice shall be given by certified mail, return receipt
7 requested. Within 10 days after receipt of the notice, the
8 person who enrolled the pupil may request a hearing to review
9 the determination of the school board. The request shall be
10 sent by certified mail, return receipt requested, to the
11 district superintendent. Within 10 days after receipt of the
12 request, the board shall notify, by certified mail, return
13 receipt requested, the person requesting the hearing of the
14 time and place of the hearing, which shall be held not less
15 than 10 nor more than 20 days after the notice of hearing is
16 given. The board or a hearing officer designated by the
17 board shall conduct the hearing. The board and the person
18 who enrolled the pupil may be represented at the hearing by
19 representatives of their choice. At the hearing, the person
20 who enrolled the pupil shall have the burden of going forward
21 with the evidence concerning the pupil's residency. If the
22 hearing is conducted by a hearing officer, the hearing
23 officer, within 5 days after the conclusion of the hearing,
24 shall send a written report of his or her findings by
25 certified mail, return receipt requested, to the school board
26 and to the person who enrolled the pupil. The person who
27 enrolled the pupil may, within 5 days after receiving the
28 findings, file written objections to the findings with the
29 school board by sending the objections by certified mail,
30 return receipt requested, addressed to the district
31 superintendent. Whether the hearing is conducted by the
32 school board or a hearing officer, the school board shall,
33 within 15 days after the conclusion of the hearing, decide
34 whether or not the pupil is a resident of the district and
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1 the amount of any tuition required to be charged under
2 Section 10-20.12a as a result of the pupil's attendance in
3 the schools of the district. The school board shall send a
4 copy of its decision to the person who enrolled the pupil,
5 and the decision of the school board shall be final.
6 (c-5) The provisions of this subsection apply only in
7 school districts having a population of 500,000 or more. If
8 the board of education of a school district with a population
9 of 500,000 or more determines that a pupil who is attending
10 school in the district on a tuition free basis is a
11 nonresident of the district for whom tuition is required to
12 be charged under Section 10-20.12a, the board shall notify
13 the person who enrolled the pupil of the amount of the
14 tuition charged under Section 10-20.12a that is due to the
15 district for the nonresident pupil's attendance in the
16 district's schools. The notice shall be given by certified
17 mail, return receipt requested. Within 10 days after receipt
18 of the notice, the person who enrolled the pupil may request
19 a hearing to review the determination of the school board.
20 The request shall be sent by certified mail, return receipt
21 requested, to the district superintendent. Within 30 days
22 after receipt of the request, the board shall notify, by
23 certified mail, return receipt requested, the person
24 requesting the hearing of the time and place of the hearing,
25 which shall be held not less than 10 nor more than 30 days
26 after the notice of hearing is given. The board or a hearing
27 officer designated by the board shall conduct the hearing.
28 The board and the person who enrolled the pupil may each be
29 represented at the hearing by a representative of their
30 choice. At the hearing, the person who enrolled the pupil
31 shall have the burden of going forward with the evidence
32 concerning the pupil's residency. If the hearing is
33 conducted by a hearing officer, the hearing officer, within
34 20 days after the conclusion of the hearing, shall serve a
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1 written report of his or her findings by personal service or
2 by certified mail, return receipt requested, to the school
3 board and to the person who enrolled the pupil. The person
4 who enrolled the pupil may, within 10 days after receiving
5 the findings, file written objections to the findings with
6 the board of education by sending the objections by certified
7 mail, return receipt requested, addressed to the general
8 superintendent of schools. If the hearing is conducted by
9 the board of education, the board shall, within 45 days after
10 the conclusion of the hearing, decide whether or not the
11 pupil is a resident of the district and the amount of any
12 tuition required to be charged under Section 10-20.12a as a
13 result of the pupil's attendance in the schools of the
14 district. If the hearing is conducted by a hearing officer,
15 the board of education shall, within 45 days after the
16 receipt of the hearing officer's findings, decide whether or
17 not the pupil is a resident of the district and the amount of
18 any tuition required to be charged under Section 10-20.12a as
19 a result of the pupil's attendance in the schools of the
20 district. The board of education shall send, by certified
21 mail, return receipt requested, a copy of its decision to the
22 person who enrolled the pupil, and the decision of the board
23 shall be final.
24 (d) If a hearing is requested under subsection (c) or
25 (c-5) to review the determination of the school board or
26 board of education board's determination that a nonresident
27 pupil is attending the schools of the district without
28 payment of the tuition required to be charged under Section
29 10-20.12a, the pupil may, at the request of a person who
30 enrolled the pupil, continue attendance at the schools of the
31 district pending a final decision of the school board
32 following the hearing. However, attendance of that pupil in
33 the schools of the district as authorized by this subsection
34 (d) shall not relieve any person who enrolled the pupil of
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1 the obligation to pay the tuition charged for that attendance
2 under Section 10-20.12a if the final decision of the school
3 board is that the pupil is a nonresident of the district. If
4 a pupil is determined to be a nonresident of the district for
5 whom tuition is required to be charged pursuant to this
6 Section, the school board shall refuse to permit the pupil to
7 continue attending the schools of the district unless the
8 required tuition is paid for the pupil.
9 (e) Except for a pupil referred to in subsection (b) of
10 Section 10-22.5a, a pupil referred to in Section 10-20.12a,
11 or a pupil referred to in subsection (b) of this Section, a
12 person who knowingly enrolls or attempts to enroll in the
13 schools of a school district on a tuition free basis a pupil
14 known by that person to be a nonresident of the district
15 shall be guilty of a Class C misdemeanor.
16 (f) A person who knowingly or wilfully presents to any
17 school district any false information regarding the residency
18 of a pupil for the purpose of enabling that pupil to attend
19 any school in that district without the payment of a
20 nonresident tuition charge shall be guilty of a Class C
21 misdemeanor.
22 (g) The provisions of this Section are subject to the
23 provisions of the Education for Homeless Children Act.
24 Nothing in this Section shall be construed to apply to or
25 require the payment of tuition by a parent or guardian of a
26 "homeless child" (as that term is defined in Section 1-5 of
27 the Education for Homeless Children Act) in connection with
28 or as a result of the homeless child's continued education or
29 enrollment in a school that is chosen in accordance with any
30 of the options provided in Section 1-10 of that Act.
31 (Source: P.A. 89-480, eff. 1-1-97.)
32 (105 ILCS 5/17-2.11b new)
33 Sec. 17-2.11b. Validation. Whenever prior to the
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1 effective date of this amendatory Act of 1997, a community
2 unit school district having a 1995-96 enrollment of fewer
3 than 450 and a 1995 equalized assessed valuation of less than
4 $12,000,000 has levied and the county clerk has extended
5 taxes for the purposes described in Section 17-2.11 without
6 the certificates of the regional superintendent of schools
7 and the State Superintendent of Education required by that
8 Section, the tax levies and extensions and the expenditures
9 by the school district of the extended amounts are hereby
10 validated for all purposes to the same extent as if the
11 district had received and filed the necessary certifications
12 prior to the tax levies and extensions and had expended the
13 funds in full compliance with Section 17-2.11.
14 (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
15 Sec. 19-1. Debt limitations of school districts.
16 (a) School districts shall not be subject to the
17 provisions limiting their indebtedness prescribed in "An Act
18 to limit the indebtedness of counties having a population of
19 less than 500,000 and townships, school districts and other
20 municipal corporations having a population of less than
21 300,000", approved February 15, 1928, as amended.
22 No school districts maintaining grades K through 8 or 9
23 through 12 shall become indebted in any manner or for any
24 purpose to an amount, including existing indebtedness, in the
25 aggregate exceeding 6.9% on the value of the taxable property
26 therein to be ascertained by the last assessment for State
27 and county taxes or, until January 1, 1983, if greater, the
28 sum that is produced by multiplying the school district's
29 1978 equalized assessed valuation by the debt limitation
30 percentage in effect on January 1, 1979, previous to the
31 incurring of such indebtedness.
32 No school districts maintaining grades K through 12 shall
33 become indebted in any manner or for any purpose to an
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1 amount, including existing indebtedness, in the aggregate
2 exceeding 13.8% on the value of the taxable property therein
3 to be ascertained by the last assessment for State and county
4 taxes or, until January 1, 1983, if greater, the sum that is
5 produced by multiplying the school district's 1978 equalized
6 assessed valuation by the debt limitation percentage in
7 effect on January 1, 1979, previous to the incurring of such
8 indebtedness.
9 Notwithstanding the provisions of any other law to the
10 contrary, in any case in which the voters of a school
11 district have approved a proposition for the issuance of
12 bonds of such school district at an election held prior to
13 January 1, 1979, and all of the bonds approved at such
14 election have not been issued, the debt limitation applicable
15 to such school district during the calendar year 1979 shall
16 be computed by multiplying the value of taxable property
17 therein, including personal property, as ascertained by the
18 last assessment for State and county taxes, previous to the
19 incurring of such indebtedness, by the percentage limitation
20 applicable to such school district under the provisions of
21 this subsection (a).
22 (b) Notwithstanding the debt limitation prescribed in
23 subsection (a) of this Section, additional indebtedness may
24 be incurred in an amount not to exceed the estimated cost of
25 acquiring or improving school sites or constructing and
26 equipping additional building facilities under the following
27 conditions:
28 (1) Whenever the enrollment of students for the
29 next school year is estimated by the board of education
30 to increase over the actual present enrollment by not
31 less than 35% or by not less than 200 students or the
32 actual present enrollment of students has increased over
33 the previous school year by not less than 35% or by not
34 less than 200 students and the board of education
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1 determines that additional school sites or building
2 facilities are required as a result of such increase in
3 enrollment; and
4 (2) When the Regional Superintendent of Schools
5 having jurisdiction over the school district and the
6 State Superintendent of Education concur in such
7 enrollment projection or increase and approve the need
8 for such additional school sites or building facilities
9 and the estimated cost thereof; and
10 (3) When the voters in the school district approve
11 a proposition for the issuance of bonds for the purpose
12 of acquiring or improving such needed school sites or
13 constructing and equipping such needed additional
14 building facilities at an election called and held for
15 that purpose. Notice of such an election shall state that
16 the amount of indebtedness proposed to be incurred would
17 exceed the debt limitation otherwise applicable to the
18 school district. The ballot for such proposition shall
19 state what percentage of the equalized assessed valuation
20 will be outstanding in bonds if the proposed issuance of
21 bonds is approved by the voters; or
22 (4) Notwithstanding the provisions of paragraphs
23 (1) through (3) of this subsection (b), if the school
24 board determines that additional facilities are needed to
25 provide a quality educational program and not less than
26 2/3 of those voting in an election called by the school
27 board on the question approve the issuance of bonds for
28 the construction of such facilities, the school district
29 may issue bonds for this purpose.
30 In no event shall the indebtedness incurred pursuant to
31 this subsection (b) and the existing indebtedness of the
32 school district exceed 15% of the value of the taxable
33 property therein to be ascertained by the last assessment for
34 State and county taxes, previous to the incurring of such
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1 indebtedness or, until January 1, 1983, if greater, the sum
2 that is produced by multiplying the school district's 1978
3 equalized assessed valuation by the debt limitation
4 percentage in effect on January 1, 1979.
5 The indebtedness provided for by this subsection (b)
6 shall be in addition to and in excess of any other debt
7 limitation.
8 (c) Notwithstanding the debt limitation prescribed in
9 subsection (a) of this Section, in any case in which a public
10 question for the issuance of bonds of a proposed school
11 district maintaining grades kindergarten through 12 received
12 at least 60% of the valid ballots cast on the question at an
13 election held on or prior to November 8, 1994, and in which
14 the bonds approved at such election have not been issued, the
15 school district pursuant to the requirements of Section
16 11A-10 may issue the total amount of bonds approved at such
17 election for the purpose stated in the question.
18 (d) Notwithstanding the debt limitation prescribed in
19 subsection (a) of this Section, a school district that meets
20 all the criteria set forth in paragraphs (1) and (2) of this
21 subsection (d) may incur an additional indebtedness in an
22 amount not to exceed $4,500,000, even though the amount of
23 the additional indebtedness authorized by this subsection
24 (d), when incurred and added to the aggregate amount of
25 indebtedness of the district existing immediately prior to
26 the district incurring the additional indebtedness authorized
27 by this subsection (d), causes the aggregate indebtedness of
28 the district to exceed the debt limitation otherwise
29 applicable to that district under subsection (a):
30 (1) The additional indebtedness authorized by this
31 subsection (d) is incurred by the school district through
32 the issuance of bonds under and in accordance with
33 Section 17-2.11a for the purpose of replacing a school
34 building which, because of mine subsidence damage, has
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1 been closed as provided in paragraph (2) of this
2 subsection (d) or through the issuance of bonds under and
3 in accordance with Section 19-3 for the purpose of
4 increasing the size of, or providing for additional
5 functions in, such replacement school buildings, or both
6 such purposes.
7 (2) The bonds issued by the school district as
8 provided in paragraph (1) above are issued for the
9 purposes of construction by the school district of a new
10 school building pursuant to Section 17-2.11, to replace
11 an existing school building that, because of mine
12 subsidence damage, is closed as of the end of the 1992-93
13 school year pursuant to action of the regional
14 superintendent of schools of the educational service
15 region in which the district is located under Section
16 3-14.22 or are issued for the purpose of increasing the
17 size of, or providing for additional functions in, the
18 new school building being constructed to replace a school
19 building closed as the result of mine subsidence damage,
20 or both such purposes.
21 (e) Notwithstanding the debt limitation prescribed in
22 subsection (a) of this Section, a school district that meets
23 all the criteria set forth in paragraphs (1) through (5) of
24 this subsection (e) may, without referendum, incur an
25 additional indebtedness in an amount not to exceed the lesser
26 of $5,000,000 or 1.5% of the value of the taxable property
27 within the district even though the amount of the additional
28 indebtedness authorized by this subsection (e), when incurred
29 and added to the aggregate amount of indebtedness of the
30 district existing immediately prior to the district incurring
31 that additional indebtedness, causes the aggregate
32 indebtedness of the district to exceed or increases the
33 amount by which the aggregate indebtedness of the district
34 already exceeds the debt limitation otherwise applicable to
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1 that district under subsection (a):
2 (1) The State Board of Education certifies the
3 school district under Section 19-1.5 as a financially
4 distressed district.
5 (2) The additional indebtedness authorized by this
6 subsection (e) is incurred by the financially distressed
7 district during the school year or school years in which
8 the certification of the district as a financially
9 distressed district continues in effect through the
10 issuance of bonds for the lawful school purposes of the
11 district, pursuant to resolution of the school board and
12 without referendum, as provided in paragraph (5) of this
13 subsection.
14 (3) The aggregate amount of bonds issued by the
15 financially distressed district during a fiscal year in
16 which it is authorized to issue bonds under this
17 subsection does not exceed the amount by which the
18 aggregate expenditures of the district for operational
19 purposes during the immediately preceding fiscal year
20 exceeds the amount appropriated for the operational
21 purposes of the district in the annual school budget
22 adopted by the school board of the district for the
23 fiscal year in which the bonds are issued.
24 (4) Throughout each fiscal year in which
25 certification of the district as a financially distressed
26 district continues in effect, the district maintains in
27 effect a gross salary expense and gross wage expense
28 freeze policy under which the district expenditures for
29 total employee salaries and wages do not exceed such
30 expenditures for the immediately preceding fiscal year.
31 Nothing in this paragraph, however, shall be deemed to
32 impair or to require impairment of the contractual
33 obligations, including collective bargaining agreements,
34 of the district or to impair or require the impairment of
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1 the vested rights of any employee of the district under
2 the terms of any contract or agreement in effect on the
3 effective date of this amendatory Act of 1994.
4 (5) Bonds issued by the financially distressed
5 district under this subsection shall bear interest at a
6 rate not to exceed the maximum rate authorized by law at
7 the time of the making of the contract, shall mature
8 within 40 years from their date of issue, and shall be
9 signed by the president of the school board and treasurer
10 of the school district. In order to issue bonds under
11 this subsection, the school board shall adopt a
12 resolution fixing the amount of the bonds, the date of
13 the bonds, the maturities of the bonds, the rates of
14 interest of the bonds, and their place of payment and
15 denomination, and shall provide for the levy and
16 collection of a direct annual tax upon all the taxable
17 property in the district sufficient to pay the principal
18 and interest on the bonds to maturity. Upon the filing
19 in the office of the county clerk of the county in which
20 the financially distressed district is located of a
21 certified copy of the resolution, it is the duty of the
22 county clerk to extend the tax therefor in addition to
23 and in excess of all other taxes at any time authorized
24 to be levied by the district. If bond proceeds from the
25 sale of bonds include a premium or if the proceeds of the
26 bonds are invested as authorized by law, the school board
27 shall determine by resolution whether the interest earned
28 on the investment of bond proceeds or the premium
29 realized on the sale of the bonds is to be used for any
30 of the lawful school purposes for which the bonds were
31 issued or for the payment of the principal indebtedness
32 and interest on the bonds. The proceeds of the bond sale
33 shall be deposited in the educational purposes fund of
34 the district and shall be used to pay operational
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1 expenses of the district. This subsection is cumulative
2 and constitutes complete authority for the issuance of
3 bonds as provided in this subsection, notwithstanding any
4 other law to the contrary.
5 (f) Notwithstanding the provisions of subsection (a) of
6 this Section or of any other law, bonds in not to exceed the
7 aggregate amount of $5,500,000 and issued by a school
8 district meeting the following criteria shall not be
9 considered indebtedness for purposes of any statutory
10 limitation and may be issued in an amount or amounts,
11 including existing indebtedness, in excess of any heretofore
12 or hereafter imposed statutory limitation as to indebtedness:
13 (1) At the time of the sale of such bonds, the
14 board of education of the district shall have determined
15 by resolution that the enrollment of students in the
16 district is projected to increase by not less than 7%
17 during each of the next succeeding 2 school years.
18 (2) The board of education shall also determine by
19 resolution that the improvements to be financed with the
20 proceeds of the bonds are needed because of the projected
21 enrollment increases.
22 (3) The board of education shall also determine by
23 resolution that the projected increases in enrollment are
24 the result of improvements made or expected to be made to
25 passenger rail facilities located in the school district.
26 (g) Notwithstanding the provisions of subsection (a) of
27 this Section or any other law, bonds in not to exceed an
28 aggregate amount of 25% of the equalized assessed value of
29 the taxable property of a school district and issued by a
30 school district meeting the criteria in paragraphs (i)
31 through (iv) of this subsection shall not be considered
32 indebtedness for purposes of any statutory limitation and may
33 be issued pursuant to resolution of the school board in an
34 amount or amounts, including existing indebtedness, in excess
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1 of any statutory limitation of indebtedness heretofore or
2 hereafter imposed:
3 (i) The bonds are issued for the purpose of
4 constructing a new high school building to replace two
5 adjacent existing buildings which together house a single
6 high school, each of which is more than 65 years old, and
7 which together are located on more than 10 acres and less
8 than 11 acres of property.
9 (ii) At the time the resolution authorizing the
10 issuance of the bonds is adopted, the cost of
11 constructing a new school building to replace the
12 existing school building is less than 60% of the cost of
13 repairing the existing school building.
14 (iii) The sale of the bonds occurs before July 1,
15 1997.
16 (iv) The school district issuing the bonds is a
17 unit school district located in a county of less than
18 70,000 and more than 50,000 inhabitants, which has an
19 average daily attendance of less than 1,500 and an
20 equalized assessed valuation of less than $29,000,000.
21 (h) Notwithstanding any other provisions of this Section
22 or the provisions of any other law, until January 1, 1998, a
23 community unit school district maintaining grades K through
24 12 may issue bonds up to an amount, including existing
25 indebtedness, not exceeding 27.6% of the equalized assessed
26 value of the taxable property in the district, if all of the
27 following conditions are met:
28 (i) The school district has an equalized assessed
29 valuation for calendar year 1995 of less than
30 $24,000,000;
31 (ii) The bonds are issued for the capital
32 improvement, renovation, rehabilitation, or replacement
33 of existing school buildings of the district, all of
34 which buildings were originally constructed not less than
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1 40 years ago;
2 (iii) The voters of the district approve a
3 proposition for the issuance of the bonds at a referendum
4 held after March 19, 1996; and
5 (iv) The bonds are issued pursuant to Sections 19-2
6 through 19-7 of this Code.
7 (i) Notwithstanding any other provisions of this Section
8 or the provisions of any other law, until January 1, 1998, a
9 community unit school district maintaining grades K through
10 12 may issue bonds up to an amount, including existing
11 indebtedness, not exceeding 27% of the equalized assessed
12 value of the taxable property in the district, if all of the
13 following conditions are met:
14 (i) The school district has an equalized assessed
15 valuation for calendar year 1995 of less than
16 $44,600,000;
17 (ii) The bonds are issued for the capital
18 improvement, renovation, rehabilitation, or replacement
19 of existing school buildings of the district, all of
20 which existing buildings were originally constructed not
21 less than 80 years ago;
22 (iii) The voters of the district approve a
23 proposition for the issuance of the bonds at a referendum
24 held after December 31, 1996; and
25 (iv) The bonds are issued pursuant to Sections 19-2
26 through 19-7 of this Code.
27 (j) Notwithstanding any other provisions of this Section
28 or the provisions of any other law, until January 1, 1999, a
29 community unit school district maintaining grades K through
30 12 located in a county of more than 240,000 but less than
31 260,000 inhabitants may issue bonds up to an amount,
32 including existing indebtedness, not exceeding 27% of the
33 equalized assessed value of the taxable property in the
34 district if all of the following conditions are met:
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1 (i) The school district has an equalized assessed
2 valuation for calendar year 1995 of less than
3 $137,400,000 and a best 3 months average daily attendance
4 for the 1994-95 school year of at least 2,800, but less
5 than 3,000;
6 (ii) The bonds are issued for the capital
7 improvement, renovation, rehabilitation, or replacement
8 of existing school buildings of the district, all of
9 which existing buildings were originally constructed not
10 less than 80 years ago, or for the construction of new
11 school facilities;
12 (iii) The voters of the district approve a
13 proposition for the issuance of the bonds at a referendum
14 held after December 31, 1996; and
15 (iv) The bonds are issued pursuant to Sections 19-2
16 through 19-7 of this Code.
17 (k) Nothwithstanding any other provisions of this
18 Section or the provisions of any other law, until July 1,
19 1999, an elementary district maintaining grades K through 8
20 located in a county of more than 40,500 but less than 44,000
21 inhabitants may issue bonds up to an amount, including
22 existing indebtedness, not exceeding 13.8% of the equalized
23 assessed value of the taxable property in the district if all
24 of the following conditions are met:
25 (i) The school district has an equalized assessed
26 valuation for calendar year 1995 of less than $10,000,000
27 and a best 3 months' average daily attendance for the
28 1994-95 school year of at least 275 but less than 300;
29 (ii) The bonds are issued for the capital
30 improvement, renovation, rehabilitation, or replacement
31 of an existing building of the district originally
32 constructed not less than 80 years ago;
33 (iii) The voters of the district approve a
34 proposition for the issuance of the bonds at a referendum
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1 held after July 1, 1997; and
2 (iv) The bonds are issued pursuant to Sections 19-2
3 through 19-7 of this Code.
4 (Source: P.A. 88-376; 88-641, eff. 9-9-94; 88-686, eff.
5 1-24-95; 89-47, eff. 7-1-95; 89-661, eff. 1-1-97; 89-698,
6 eff. 1-14-97.)
7 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
8 Sec. 22-23. Sprinkler systems.
9 (a) The provisions of this Section apply to the school
10 board, board of education, board of school directors, board
11 of school inspectors or other governing body of each school
12 district in this State, including special charter districts
13 and districts organized under Article 34.
14 (b) As used in this Section, the term "school
15 construction" means (1) the construction of a new school
16 building, or addition to an existing building, within any
17 period of 30 months, having 7,200 or more square feet the
18 construction of an addition to a school building, and (2) any
19 alteration, as defined in 71 Illinois Administrative Code,
20 Section 400.210, within any period of 30 months, that costs
21 more than 50% of the reproduction cost of the existing
22 building remodeling, renovation or reconstruction project
23 affecting one or more areas of a school building which
24 cumulatively are equal to 50% or more of the square footage
25 of the school building.
26 (c) New areas or uses of buildings not required to be
27 sprinklered under this Section shall be protected with the
28 installation of an automatic fire detection system.
29 (d)(c) Notwithstanding any other provisions of this Act,
30 no school construction shall be commenced in any school
31 district on or after the effective date of this amendatory
32 Act of 1991 unless sprinkler systems are required by, and are
33 installed in accordance with approved plans and
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1 specifications in the school building, addition or project
2 areas which constitute school construction as defined in
3 subsection (b). Plans and specifications shall comply with
4 rules and regulations established by the State Board of
5 Education, and such rules and regulations shall be consistent
6 so far as practicable with nationally recognized standards
7 such as those established by the National Fire Protection
8 Association.
9 (d) Prior to the award of any contract for, or
10 commencement of any school construction, the school board or
11 other governing body of the school district shall submit
12 plans and specifications for installation of sprinkler
13 systems as required by this Section to the appropriate
14 regional superintendent of schools, who shall forward the
15 plans and specifications to the State Board of Education for
16 review and approval.
17 (Source: P.A. 87-652.)
18 (105 ILCS 5/27-20.6 new)
19 Sec. 27-20.6 "Irish Famine" Study. Every public
20 elementary school and high school may include in its
21 curriculum a unit of instruction studying the causes and
22 effects of mass starvation in mid-19th century Ireland. This
23 period in world history is known as the "Irish Famine", in
24 which millions of Irish died or emigrated. The study of this
25 material is a reaffirmation of the commitment of free people
26 of all nations to eradicate the causes of famine that exist
27 in the modern world.
28 The State Superintendent of Education may prepare and
29 make available to all school boards instructional materials
30 that may be used as guidelines for development of a unit of
31 instruction under this Section; provided, however, that each
32 school board shall itself determine the minimum amount of
33 instruction time that shall qualify as a unit of instruction
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1 satisfying the requirements of this Section.
2 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
3 Sec. 34-2.4b. Limitation upon applicability. The
4 provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
5 34-2.4 and 34-8.3, and those provisions of paragraph 1 of
6 Section 34-18 and paragraph (c) of Section 34A-201a relating
7 to the allocation or application -- by formula or otherwise
8 -- of lump sum amounts and other funds to attendance centers,
9 shall not apply to attendance centers which have applied for
10 and been designated as a "Small School" by the Board, the
11 Cook County Juvenile Detention Center and Cook County Jail
12 schools, nor to the district's alternative schools for
13 pregnant girls, nor to alternative schools established under
14 Article 13A, nor to Washburne Trade School, the Industrial
15 Skills Center or Michael R. Durso School, Jackson Adult
16 Center, Hillard Adult Center, or the Alternative Transitional
17 School; and the board of education shall have and exercise
18 with respect to those schools and with respect to the
19 conduct, operation, affairs and budgets of those schools, and
20 with respect to the principals, teachers and other school
21 staff there employed, the same powers which are exercisable
22 by local school councils with respect to the other attendance
23 centers, principals, teachers and school staff within the
24 district, together with all powers and duties generally
25 exercisable by the board of education with respect to all
26 attendance centers within the district. The board of
27 education shall develop appropriate alternative methods for
28 involving parents, community members and school staff to the
29 maximum extent possible in all of the activities of those
30 schools, and may delegate to the parents, community members
31 and school staff so involved the same powers which are
32 exercisable by local school councils with respect to other
33 attendance centers.
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1 (Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96.)
2 (105 ILCS 5/34-4.5)
3 Sec. 34-4.5. Chronic truants.
4 (a) Office of Chronic Truant Adjudication. The board
5 shall establish and implement an Office of Chronic Truant
6 Adjudication, which shall be responsible for administratively
7 adjudicating cases of chronic truancy and imposing
8 appropriate sanctions. The board shall appoint or employ
9 hearing officers to perform the adjudicatory functions of
10 that Office. Principals and other appropriate personnel may
11 refer pupils suspected of being chronic truants, as defined
12 in Section 26-2a of this Code, to the Office of Chronic
13 Truant Adjudication.
14 (b) Notices. Before any hearing may be held under
15 subsection (c), the principal of the school attended by the
16 pupil or the principal's designee shall notify the pupil's
17 parent or guardian by personal visit, letter, or telephone of
18 each unexcused absence of the pupil. After giving the parent
19 or guardian notice of the tenth unexcused absence of the
20 pupil, the principal or the principal's designee shall send
21 the pupil's parent or guardian a letter, by certified mail,
22 return receipt requested, notifying the parent or guardian
23 that he or she is subjecting himself or herself to a hearing
24 procedure as provided under subsection (c) and clearly
25 describing any and all possible penalties that may be imposed
26 as provided for in subsections (d) and (e) of this Section.
27 (c) Hearing. Once a pupil has been referred to the
28 Office of Chronic Truant Adjudication, a hearing shall be
29 scheduled before an appointed hearing officer, and the pupil
30 and the pupil's parents or guardian shall be notified by
31 certified mail, return receipt requested stating the time,
32 place, and purpose of the hearing. The hearing officer shall
33 hold a hearing and render a written decision within 14 days
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1 determining whether the pupil is a chronic truant as defined
2 in Section 26-2a of this Code and whether the parent or
3 guardian took reasonable steps to assure the pupil's
4 attendance at school. The hearing shall be private unless a
5 public hearing is requested by the pupil's parent or
6 guardian, and the pupil may be present at the hearing with a
7 representative in addition to the pupil's parent or guardian.
8 The board shall present evidence of the pupil's truancy, and
9 the pupil and the parent or guardian or representative of the
10 pupil may cross examine witnesses, present witnesses and
11 evidence, and present defenses to the charges. All testimony
12 at the hearing shall be taken under oath administered by the
13 hearing officer. The decision of the hearing officer shall
14 constitute an "administrative decision" for purposes of
15 judicial review under the Administrative Review Law.
16 (d) Penalties. The hearing officer may require the
17 pupil or the pupil's parent or guardian or both the pupil and
18 the pupil's parent or guardian to do any or all of the
19 following: perform reasonable school or community services
20 for a period not to exceed 30 days; complete a parenting
21 education program; obtain counseling or other supportive
22 services; and comply with an individualized educational plan
23 or service plan as provided by appropriate school officials.
24 If the parent or guardian of the chronic truant shows that he
25 or she took reasonable steps to insure attendance of the
26 pupil at school, he or she shall not be required to perform
27 services.
28 (e) Non-compliance with sanctions. If a pupil
29 determined by a hearing officer to be a chronic truant or the
30 parent or guardian of the pupil fails to comply with the
31 sanctions ordered by the hearing officer under subsection (c)
32 of this Section, the Office of Chronic Truant Adjudication
33 may refer the matter to the State's Attorney for prosecution
34 under Section 3-33 of the Juvenile Court Act of 1987.
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1 (f) Limitation on applicability. Nothing in this
2 Section shall be construed to apply to a parent or guardian
3 of a pupil not required to attend a public school pursuant to
4 Section 26-1 in a valid home school program.
5 (Source: P.A. 90-143, eff. 7-23-97.)
6 Section 80. The Illinois School Student Records Act is
7 amended by changing Section 6 as follows:
8 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
9 Sec. 6. (a) No school student records or information
10 contained therein may be released, transferred, disclosed or
11 otherwise disseminated, except as follows:
12 (1) To a parent or student or person specifically
13 designated as a representative by a parent, as provided in
14 paragraph (a) of Section 5;
15 (2) To an employee or official of the school or school
16 district or State Board with current demonstrable educational
17 or administrative interest in the student, in furtherance of
18 such interest;
19 (3) To the official records custodian of another school
20 within Illinois or an official with similar responsibilities
21 of a school outside Illinois, in which the student has
22 enrolled, or intends to enroll, upon the request of such
23 official or student;
24 (4) To any person for the purpose of research,
25 statistical reporting or planning, provided that no student
26 or parent can be identified from the information released and
27 the person to whom the information is released signs an
28 affidavit agreeing to comply with all applicable statutes and
29 rules pertaining to school student records;
30 (5) Pursuant to a court order, provided that the parent
31 shall be given prompt written notice upon receipt of such
32 order of the terms of the order, the nature and substance of
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1 the information proposed to be released in compliance with
2 such order and an opportunity to inspect and copy the school
3 student records and to challenge their contents pursuant to
4 Section 7;
5 (6) To any person as specifically required by State or
6 federal law;
7 (7) Subject to regulations of the State Board, in
8 connection with an emergency, to appropriate persons if the
9 knowledge of such information is necessary to protect the
10 health or safety of the student or other persons; or
11 (8) To any person, with the prior specific dated written
12 consent of the parent designating the person to whom the
13 records may be released, provided that at the time any such
14 consent is requested or obtained, the parent shall be advised
15 in writing that he has the right to inspect and copy such
16 records in accordance with Section 5, to challenge their
17 contents in accordance with Section 7 and to limit any such
18 consent to designated records or designated portions of the
19 information contained therein; or
20 (9) To a governmental agency, or social service agency
21 contracted by a governmental agency, in furtherance of an
22 investigation of a student's school attendance pursuant to
23 the compulsory student attendance laws of this State,
24 provided that the records are released to the employee or
25 agent designated by the agency.
26 (b) No information may be released pursuant to
27 subparagraphs (3) or (6) of paragraph (a) of this Section 6
28 unless the parent receives prior written notice of the nature
29 and substance of the information proposed to be released, and
30 an opportunity to inspect and copy such records in accordance
31 with Section 5 and to challenge their contents in accordance
32 with Section 7. Provided, however, that such notice shall be
33 sufficient if published in a local newspaper of general
34 circulation or other publication directed generally to the
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1 parents involved where the proposed release of information is
2 pursuant to subparagraph 6 of paragraph (a) in this Section 6
3 and relates to more than 25 students.
4 (c) A record of any release of information pursuant to
5 this Section must be made and kept as a part of the school
6 student record and subject to the access granted by Section
7 5. Such record of release shall be maintained for the life of
8 the school student records and shall be available only to the
9 parent and the official records custodian. Each record of
10 release shall also include:
11 (1) The nature and substance of the information
12 released;
13 (2) The name and signature of the official records
14 custodian releasing such information;
15 (3) The name of the person requesting such information,
16 the capacity in which such a request has been made, and the
17 purpose of such request;
18 (4) The date of the release; and
19 (5) A copy of any consent to such release.
20 (d) Except for the student and his parents, no person to
21 whom information is released pursuant to this Section and no
22 person specifically designated as a representative by a
23 parent may permit any other person to have access to such
24 information without a prior consent of the parent obtained in
25 accordance with the requirements of subparagraph (8) of
26 paragraph (a) of this Section.
27 (e) Nothing contained in this Act shall prohibit the
28 publication of student directories which list student names,
29 addresses and other identifying information and similar
30 publications which comply with regulations issued by the
31 State Board.
32 (Source: P.A. 86-1028.)
33 Section 85. The Critical Health Problems and
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1 Comprehensive Health Education Act is amended by changing
2 Section 3 as follows:
3 (105 ILCS 110/3) (from Ch. 122, par. 863)
4 Sec. 3. Comprehensive Health Education Program. The
5 program established under this Act shall include, but not be
6 limited to, the following major educational areas as a basis
7 for curricula in all elementary and secondary schools in this
8 State: human ecology and health, human growth and
9 development, the emotional, psychological, physiological,
10 hygienic and social responsibilities of family life,
11 including sexual abstinence until marriage, prevention and
12 control of disease, including instruction in grades 6 through
13 12 on the prevention, transmission and spread of AIDS, public
14 and environmental health, consumer health, safety education
15 and disaster survival, mental health and illness, personal
16 health habits, alcohol, drug use, and abuse including the
17 medical and legal ramifications of alcohol, drug, and tobacco
18 use, abuse during pregnancy, sexual abstinence until
19 marriage, tobacco, nutrition, and dental health.
20 Notwithstanding the above educational areas, the following
21 areas may also be included as a basis for curricula in all
22 elementary and secondary schools in this State: basic first
23 aid (including, but not limited to, cardiopulmonary
24 resuscitation and the Heimlich maneuver), early prevention
25 and detection of cancer, heart disease, diabetes, stroke, and
26 the prevention of child abuse, neglect, and suicide. The
27 school board of each public elementary and secondary school
28 in the State is encouraged to have in its employ, or on its
29 volunteer staff, at least one person who is certified, by the
30 American Red Cross or by another qualified certifying agency,
31 as qualified to administer first aid and cardiopulmonary
32 resuscitation. In addition, each school board is authorized
33 to allocate appropriate portions of its institute or
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1 inservice days to conduct training programs for teachers and
2 other school personnel who have expressed an interest in
3 becoming qualified to administer emergency first aid or
4 cardiopulmonary resuscitation. School boards are urged to
5 encourage their teachers and other school personnel who coach
6 school athletic programs and other extra curricular school
7 activities to acquire, develop, and maintain the knowledge
8 and skills necessary to properly administer first aid and
9 cardiopulmonary resuscitation in accordance with standards
10 and requirements established by the American Red Cross or
11 another qualified certifying agency. However, No pupil shall
12 be required to take or participate in any class or course on
13 AIDS or family life instruction if his parent or guardian
14 submits written objection thereto, and refusal to take or
15 participate in the course or program shall not be reason for
16 suspension or expulsion of the pupil.
17 Curricula developed under programs established in
18 accordance with this Act in the major educational area of
19 alcohol and drug use and abuse shall include classroom
20 instruction in grades 5 through 12. The instruction, which
21 shall include matters relating to both the physical and legal
22 effects and ramifications of drug and substance abuse, shall
23 be integrated into existing curricula; and the State Board of
24 Education shall develop and make available to all elementary
25 and secondary schools in this State instructional materials
26 and guidelines which will assist the schools in incorporating
27 the instruction into their existing curricula. In addition,
28 school districts may offer, as part of existing curricula
29 during the school day or as part of an after school program,
30 support services and instruction for pupils or pupils whose
31 parent, parents, or guardians are chemically dependent.
32 (Source: P.A. 86-878; 86-941; 86-1028; 87-584; 87-1095.)
33 Section 99. Effective date. This Act takes effect July
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1 1, 1998.
-33- LRB9007351NTcw
1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2
5 105 ILCS 5/2-3.27a new
6 105 ILCS 5/2-3.123 new
7 105 ILCS 5/10-20.12b
8 105 ILCS 5/17-2.11b new
9 105 ILCS 5/19-1 from Ch. 122, par. 19-1
10 105 ILCS 5/22-23 from Ch. 122, par. 22-23
11 105 ILCS 5/27-20.6 new
12 105 ILCS 5/34-2.4b from Ch. 122, par. 34-2.4b
13 105 ILCS 5/34-4.5
14 105 ILCS 10/6 from Ch. 122, par. 50-6
15 105 ILCS 110/3 from Ch. 122, par. 863