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90_HB2641 105 ILCS 5/10-19 from Ch. 122, par. 10-19 105 ILCS 5/10-19.1 from Ch. 122, par. 10-19.1 105 ILCS 5/34-18 from Ch. 122, par. 34-18 Amends the School Code. Increases both the minimum length of the school term and the minimum number of days of actual pupil attendance by 4 days with respect to the 1998-1999 school year and each subsequent school year. Effective immediately. LRB9009072NTsb LRB9009072NTsb 1 AN ACT to amend the School Code by changing Sections 2 10-19, 10-19.1, and 34-18. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Sections 10-19, 10-19.1, and 34-18 as follows: 7 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19) 8 Sec. 10-19. Length of school term - experimental 9 programs. Each school board shall annually prepare a calendar 10 for the school term, specifying the opening and closing dates 11 and providing a minimum term of at least 185 days to insure 12 176 days of actual pupil attendance, computable under Section 13 18-8; provided, however,
exceptthat for school years 14 subsequent to the 1997-1998 school year each school board 15 shall annually prepare a calendar for the school term, 16 specifying the opening and closing dates and providing a 17 minimum term to insure a minimum number of days of actual 18 pupil attendance, computable under Section 18-8.05, in 19 accordance with the following schedule: 20 Minimum Number of 21 Days of Actual 22 School Year Minimum Term Pupil Attendance 23 1998-1999 and 189 days 180 days 24 each subsequent 25 school year 26 the 1980-1981 school year only 175 days of actual pupil27 attendance shall be required because of the closing of28 schools pursuant to Section 24-2 on January 29, 1981 upon the29 appointment by the President of that day as a day of30 thanksgiving for the freedom of the Americans who had been31 held hostage in Iran.-2- LRB9009072NTsb 1 Any days allowed by law for teachers' institute but not 2 used as such or used as parental institutes as provided in 3 Section 10-22.18d shall increase the minimum term by the 4 school days not so used. Except as provided in Section 5 10-19.1, the board may not extend the school term beyond such 6 closing date unless that extension of term is necessary to 7 provide the minimum number of computable days. In case of 8 such necessary extension school employees shall be paid for 9 such additional time on the basis of their regular contracts. 10 A school board may specify a closing date earlier than that 11 set on the annual calendar when the schools of the district 12 have provided the minimum number of computable days under 13 this Section. Nothing in this Section prevents the board from 14 employing superintendents of schools, principals and other 15 nonteaching personnel for a period of 12 months, or in the 16 case of superintendents for a period in accordance with 17 Section 10-23.8, or prevents the board from employing other 18 personnel before or after the regular school term with 19 payment of salary proportionate to that received for 20 comparable work during the school term. 21 A school board may make such changes in its calendar for 22 the school term as may be required by any changes in the 23 legal school holidays prescribed in Section 24-2. A school 24 board may make changes in its calendar for the school term as 25 may be necessary to reflect the utilization of teachers' 26 institute days as parental institute days as provided in 27 Section 10-22.18d. 28 With the prior approval of the State Board of Education 29 and subject to review by the State Board of Education every 3 30 years, any school board may, by resolution of its board and 31 in agreement with affected exclusive collective bargaining 32 agents, establish experimental educational programs, 33 including but not limited to programs for self-directed 34 learning or outside of formal class periods, which programs -3- LRB9009072NTsb 1 when so approved shall be considered to comply with the 2 requirements of this Section as respects numbers of days of 3 actual pupil attendance and with the other requirements of 4 this Act as respects courses of instruction. 5 (Source: P.A. 86-1250; 87-183.) 6 (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1) 7 Sec. 10-19.1. Full year school plan. Any school district 8 may, by resolution of its board, operate one or more schools 9 within the district on a full year school plan approved by 10 the State Board of Education. Any board which operates under 11 this Section shall devise a plan so that a student's required 12 attendance in school during a 12 month period shall be for 13 not less than the aminimum number of days term of 180 days14 of actual pupil attendance required by Section 10-19 for the 15 school year during which that 12 month period commences, plus 16 includingnot more than 4 institute days; provided, however, 17 that during that a12 month period a student's required 18 attendance in school , butshall not exceed, nor shall any 19 teacher be required to teach more than, the number of days 20 that is equal to the minimum term required to be provided by 21 Section 10-19 for the school year during which that 12 month 22 period commences 185 days. Under such plan, no teacher shall23 be required to teach more than 185 days. A calendar of 18024 days may be established with the approval of the State Board25 of Education.26 (Source: P.A. 81-1508.) 27 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 28 Sec. 34-18. Powers of the board. The board shall 29 exercise general supervision and jurisdiction over the public 30 education and the public school system of the city, and, 31 except as otherwise provided by this Article, shall have 32 power: -4- LRB9009072NTsb 1 1. To make suitable provision for the establishment 2 and maintenance throughout the year or for such portion 3 thereof as it may direct, but for not less than the 4 minimum term required by Section 10-19 in order to insure 5 the minimum number of days of actual pupil attendance as 6 required by Section 10-19 9 months, of schools of all 7 grades and kinds, including normal schools, high schools, 8 night schools, schools for defectives and delinquents, 9 parental and truant schools, schools for the blind, the 10 deaf and the crippled, schools or classes in manual 11 training, constructural and vocational teaching, domestic 12 arts and physical culture, vocation and extension schools 13 and lecture courses, and all other educational courses 14 and facilities, including establishing, equipping, 15 maintaining and operating playgrounds and recreational 16 programs, when such programs are conducted in, adjacent 17 to, or connected with any public school under the general 18 supervision and jurisdiction of the board; provided, 19 however, that in allocating funds from year to year for 20 the operation of all attendance centers within the 21 district, the board shall ensure that supplemental 22 general State aid funds are allocated and applied in 23 accordance with Section 18-8 or 18-8.05. To admit to such 24 schools without charge foreign exchange students who are 25 participants in an organized exchange student program 26 which is authorized by the board. The board shall permit 27 all students to enroll in apprenticeship programs in 28 trade schools operated by the board, whether those 29 programs are union-sponsored or not. No student shall 30 be refused admission into or be excluded from any course 31 of instruction offered in the common schools by reason of 32 that student's sex. No student shall be denied equal 33 access to physical education and interscholastic athletic 34 programs supported from school district funds or denied -5- LRB9009072NTsb 1 participation in comparable physical education and 2 athletic programs solely by reason of the student's sex. 3 Equal access to programs supported from school district 4 funds and comparable programs will be defined in rules 5 promulgated by the State Board of Education in 6 consultation with the Illinois High School Association. 7 Notwithstanding any other provision of this Article, 8 neither the board of education nor any local school 9 council or other school official shall recommend that 10 children with disabilities be placed into regular 11 education classrooms unless those children with 12 disabilities are provided with supplementary services to 13 assist them so that they benefit from the regular 14 classroom instruction and are included on the teacher's 15 regular education class register; 16 2. To furnish lunches to pupils, to make a 17 reasonable charge therefor, and to use school funds for 18 the payment of such expenses as the board may determine 19 are necessary in conducting the school lunch program; 20 3. To co-operate with the circuit court; 21 4. To make arrangements with the public or 22 quasi-public libraries and museums for the use of their 23 facilities by teachers and pupils of the public schools; 24 5. To employ dentists and prescribe their duties 25 for the purpose of treating the pupils in the schools, 26 but accepting such treatment shall be optional with 27 parents or guardians; 28 6. To grant the use of assembly halls and 29 classrooms when not otherwise needed, including light, 30 heat, and attendants, for free public lectures, concerts, 31 and other educational and social interests, free of 32 charge, under such provisions and control as the 33 principal of the affected attendance center may 34 prescribe; -6- LRB9009072NTsb 1 7. To apportion the pupils to the several schools; 2 provided that no pupil shall be excluded from or 3 segregated in any such school on account of his color, 4 race, sex, or nationality. The board shall take into 5 consideration the prevention of segregation and the 6 elimination of separation of children in public schools 7 because of color, race, sex, or nationality. Except that 8 children may be committed to or attend parental and 9 social adjustment schools established and maintained 10 either for boys or girls only. All records pertaining to 11 the creation, alteration or revision of attendance areas 12 shall be open to the public. Nothing herein shall limit 13 the board's authority to establish multi-area attendance 14 centers or other student assignment systems for 15 desegregation purposes or otherwise, and to apportion the 16 pupils to the several schools. Furthermore, beginning in 17 school year 1994-95, pursuant to a board plan adopted by 18 October 1, 1993, the board shall offer, commencing on a 19 phased-in basis, the opportunity for families within the 20 school district to apply for enrollment of their children 21 in any attendance center within the school district which 22 does not have selective admission requirements approved 23 by the board. The appropriate geographical area in which 24 such open enrollment may be exercised shall be determined 25 by the board of education. Such children may be admitted 26 to any such attendance center on a space available basis 27 after all children residing within such attendance 28 center's area have been accommodated. If the number of 29 applicants from outside the attendance area exceed the 30 space available, then successful applicants shall be 31 selected by lottery. The board of education's open 32 enrollment plan must include provisions that allow low 33 income students to have access to transportation needed 34 to exercise school choice. Open enrollment shall be in -7- LRB9009072NTsb 1 compliance with the provisions of the Consent Decree and 2 Desegregation Plan cited in Section 34-1.01; 3 8. To approve programs and policies for providing 4 transportation services to students. Nothing herein shall 5 be construed to permit or empower the State Board of 6 Education to order, mandate, or require busing or other 7 transportation of pupils for the purpose of achieving 8 racial balance in any school; 9 9. Subject to the limitations in this Article, to 10 establish and approve system-wide curriculum objectives 11 and standards, including graduation standards, which 12 reflect the multi-cultural diversity in the city and are 13 consistent with State law, provided that for all purposes 14 of this Article courses or proficiency in American Sign 15 Language shall be deemed to constitute courses or 16 proficiency in a foreign language; and to employ 17 principals and teachers, appointed as provided in this 18 Article, and fix their compensation. The board shall 19 prepare such reports related to minimal competency 20 testing as may be requested by the State Board of 21 Education, and in addition shall monitor and approve 22 special education and bilingual education programs and 23 policies within the district to assure that appropriate 24 services are provided in accordance with applicable State 25 and federal laws to children requiring services and 26 education in those areas; 27 10. To employ non-teaching personnel or utilize 28 volunteer personnel for: (i) non-teaching duties not 29 requiring instructional judgment or evaluation of pupils, 30 including library duties; and (ii) supervising study 31 halls, long distance teaching reception areas used 32 incident to instructional programs transmitted by 33 electronic media such as computers, video, and audio, 34 detention and discipline areas, and school-sponsored -8- LRB9009072NTsb 1 extracurricular activities. The board may further utilize 2 volunteer non-certificated personnel or employ 3 non-certificated personnel to assist in the instruction 4 of pupils under the immediate supervision of a teacher 5 holding a valid certificate, directly engaged in teaching 6 subject matter or conducting activities; provided that 7 the teacher shall be continuously aware of the 8 non-certificated persons' activities and shall be able to 9 control or modify them. The general superintendent shall 10 determine qualifications of such personnel and shall 11 prescribe rules for determining the duties and activities 12 to be assigned to such personnel; 13 11. To provide television studio facilities in not 14 to exceed one school building and to provide programs for 15 educational purposes, provided, however, that the board 16 shall not construct, acquire, operate, or maintain a 17 television transmitter; to grant the use of its studio 18 facilities to a licensed television station located in 19 the school district; and to maintain and operate not to 20 exceed one school radio transmitting station and provide 21 programs for educational purposes; 22 12. To offer, if deemed appropriate, outdoor 23 education courses, including field trips within the State 24 of Illinois, or adjacent states, and to use school 25 educational funds for the expense of the said outdoor 26 educational programs, whether within the school district 27 or not; 28 13. During that period of the calendar year not 29 embraced within the regular school term, to provide and 30 conduct courses in subject matters normally embraced in 31 the program of the schools during the regular school term 32 and to give regular school credit for satisfactory 33 completion by the student of such courses as may be 34 approved for credit by the State Board of Education; -9- LRB9009072NTsb 1 14. To insure against any loss or liability of the 2 board, the former School Board Nominating Commission, 3 Local School Councils, the Chicago Schools Academic 4 Accountability Council, or the former Subdistrict 5 Councils or of any member, officer, agent or employee 6 thereof, resulting from alleged violations of civil 7 rights arising from incidents occurring on or after 8 September 5, 1967 or from the wrongful or negligent act 9 or omission of any such person whether occurring within 10 or without the school premises, provided the officer, 11 agent or employee was, at the time of the alleged 12 violation of civil rights or wrongful act or omission, 13 acting within the scope of his employment or under 14 direction of the board, the former School Board 15 Nominating Commission, the Chicago Schools Academic 16 Accountability Council, Local School Councils, or the 17 former Subdistrict Councils; and to provide for or 18 participate in insurance plans for its officers and 19 employees, including but not limited to retirement 20 annuities, medical, surgical and hospitalization benefits 21 in such types and amounts as may be determined by the 22 board; provided, however, that the board shall contract 23 for such insurance only with an insurance company 24 authorized to do business in this State. Such insurance 25 may include provision for employees who rely on treatment 26 by prayer or spiritual means alone for healing, in 27 accordance with the tenets and practice of a recognized 28 religious denomination; 29 15. To contract with the corporate authorities of 30 any municipality or the county board of any county, as 31 the case may be, to provide for the regulation of traffic 32 in parking areas of property used for school purposes, in 33 such manner as is provided by Section 11-209 of The 34 Illinois Vehicle Code, approved September 29, 1969, as -10- LRB9009072NTsb 1 amended; 2 16. To provide, on an equal basis, access to the 3 school campus to the official recruiting representatives 4 of the armed forces of Illinois and the United States for 5 the purposes of informing students of the educational and 6 career opportunities available in the military if the 7 board has provided such access to persons or groups whose 8 purpose is to acquaint students with educational or 9 occupational opportunities available to them. The board 10 is not required to give greater notice regarding the 11 right of access to recruiting representatives than is 12 given to other persons and groups; 13 17. (a) To sell or market any computer program 14 developed by an employee of the school district, provided 15 that such employee developed the computer program as a 16 direct result of his or her duties with the school 17 district or through the utilization of the school 18 district resources or facilities. The employee who 19 developed the computer program shall be entitled to share 20 in the proceeds of such sale or marketing of the computer 21 program. The distribution of such proceeds between the 22 employee and the school district shall be as agreed upon 23 by the employee and the school district, except that 24 neither the employee nor the school district may receive 25 more than 90% of such proceeds. The negotiation for an 26 employee who is represented by an exclusive bargaining 27 representative may be conducted by such bargaining 28 representative at the employee's request. 29 (b) For the purpose of this paragraph 17: 30 (1) "Computer" means an internally programmed, 31 general purpose digital device capable of 32 automatically accepting data, processing data and 33 supplying the results of the operation. 34 (2) "Computer program" means a series of coded -11- LRB9009072NTsb 1 instructions or statements in a form acceptable to a 2 computer, which causes the computer to process data 3 in order to achieve a certain result. 4 (3) "Proceeds" means profits derived from 5 marketing or sale of a product after deducting the 6 expenses of developing and marketing such product; 7 18. To delegate to the general superintendent of 8 schools, by resolution, the authority to approve 9 contracts and expenditures in amounts of $10,000 or less; 10 19. Upon the written request of an employee, to 11 withhold from the compensation of that employee any dues, 12 payments or contributions payable by such employee to any 13 labor organization as defined in the Illinois Educational 14 Labor Relations Act. Under such arrangement, an amount 15 shall be withheld from each regular payroll period which 16 is equal to the pro rata share of the annual dues plus 17 any payments or contributions, and the board shall 18 transmit such withholdings to the specified labor 19 organization within 10 working days from the time of the 20 withholding; 21 19a. Upon receipt of notice from the comptroller of 22 a municipality with a population of 500,000 or more that 23 a debt is due and owing the municipality by an employee 24 of the Chicago School Reform Board of Trustees, to 25 withhold, from the compensation of that employee, the 26 amount of the debt that is due and owing and pay the 27 amount withheld to the municipality; provided, however, 28 that the amount deducted from any one salary or wage 29 payment shall not exceed 25% of the net amount of the 30 payment. Before the Board deducts any amount from any 31 salary or wage of an employee under this paragraph, the 32 municipality shall certify that the employee has been 33 afforded an opportunity for a hearing to dispute the debt 34 that is due and owing the municipality. For purposes of -12- LRB9009072NTsb 1 this paragraph, "net amount" means that part of the 2 salary or wage payment remaining after the deduction of 3 any amounts required by law to be deducted and "debt due 4 and owing" means (i) a specified sum of money owed to the 5 municipality for city services, work, or goods, after the 6 period granted for payment has expired, or (ii) a 7 specified sum of money owed to the municipality pursuant 8 to a court order or order of an administrative hearing 9 officer after the exhaustion of, or the failure to 10 exhaust, judicial review; 11 20. The board is encouraged to employ a sufficient 12 number of certified school counselors to maintain a 13 student/counselor ratio of 250 to 1 by July 1, 1990. 14 Each counselor shall spend at least 75% of his work time 15 in direct contact with students and shall maintain a 16 record of such time; 17 21. To make available to students vocational and 18 career counseling and to establish 5 special career 19 counseling days for students and parents. On these days 20 representatives of local businesses and industries shall 21 be invited to the school campus and shall inform students 22 of career opportunities available to them in the various 23 businesses and industries. Special consideration shall 24 be given to counseling minority students as to career 25 opportunities available to them in various fields. For 26 the purposes of this paragraph, minority student means a 27 person who is: 28 (a) Black (a person having origins in any of 29 the black racial groups in Africa); 30 (b) Hispanic (a person of Spanish or 31 Portuguese culture with origins in Mexico, South or 32 Central America, or the Caribbean islands, 33 regardless of race); 34 (c) Asian American (a person having origins in -13- LRB9009072NTsb 1 any of the original peoples of the Far East, 2 Southeast Asia, the Indian Subcontinent or the 3 Pacific Islands); or 4 (d) American Indian or Alaskan Native (a 5 person having origins in any of the original peoples 6 of North America). 7 Counseling days shall not be in lieu of regular 8 school days; 9 22. To report to the State Board of Education the 10 annual student dropout rate and number of students who 11 graduate from, transfer from or otherwise leave bilingual 12 programs; 13 23. Except as otherwise provided in the Abused and 14 Neglected Child Reporting Act or other applicable State 15 or federal law, to permit school officials to withhold, 16 from any person, information on the whereabouts of any 17 child removed from school premises when the child has 18 been taken into protective custody as a victim of 19 suspected child abuse. School officials shall direct 20 such person to the Department of Children and Family 21 Services, or to the local law enforcement agency if 22 appropriate; 23 24. To develop a policy, based on the current state 24 of existing school facilities, projected enrollment and 25 efficient utilization of available resources, for capital 26 improvement of schools and school buildings within the 27 district, addressing in that policy both the relative 28 priority for major repairs, renovations and additions to 29 school facilities, and the advisability or necessity of 30 building new school facilities or closing existing 31 schools to meet current or projected demographic patterns 32 within the district; 33 25. To make available to the students in every high 34 school attendance center the ability to take all courses -14- LRB9009072NTsb 1 necessary to comply with the Board of Higher Education's 2 college entrance criteria effective in 1993; 3 26. To encourage mid-career changes into the 4 teaching profession, whereby qualified professionals 5 become certified teachers, by allowing credit for 6 professional employment in related fields when 7 determining point of entry on teacher pay scale; 8 27. To provide or contract out training programs 9 for administrative personnel and principals with revised 10 or expanded duties pursuant to this Act in order to 11 assure they have the knowledge and skills to perform 12 their duties; 13 28. To establish a fund for the prioritized special 14 needs programs, and to allocate such funds and other lump 15 sum amounts to each attendance center in a manner 16 consistent with the provisions of part 4 of Section 17 34-2.3. Nothing in this paragraph shall be construed to 18 require any additional appropriations of State funds for 19 this purpose; 20 29. (Blank); 21 30. Notwithstanding any other provision of this Act 22 or any other law to the contrary, to contract with third 23 parties for services otherwise performed by employees, 24 including those in a bargaining unit, and to layoff those 25 employees upon 14 days written notice to the affected 26 employees. Those contracts may be for a period not to 27 exceed 5 years and may be awarded on a system-wide basis; 28 31. To promulgate rules establishing procedures 29 governing the layoff or reduction in force of employees 30 and the recall of such employees, including, but not 31 limited to, criteria for such layoffs, reductions in 32 force or recall rights of such employees and the weight 33 to be given to any particular criterion. Such criteria 34 shall take into account factors including, but not be -15- LRB9009072NTsb 1 limited to, qualifications, certifications, experience, 2 performance ratings or evaluations, and any other factors 3 relating to an employee's job performance; and 4 32. To develop a policy to prevent nepotism in the 5 hiring of personnel or the selection of contractors. 6 The specifications of the powers herein granted are not 7 to be construed as exclusive but the board shall also 8 exercise all other powers that they may be requisite or 9 proper for the maintenance and the development of a public 10 school system, not inconsistent with the other provisions of 11 this Article or provisions of this Code which apply to all 12 school districts. 13 In addition to the powers herein granted and authorized 14 to be exercised by the board, it shall be the duty of the 15 board to review or to direct independent reviews of special 16 education expenditures and services. The board shall file a 17 report of such review with the General Assembly on or before 18 May 1, 1990. 19 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95; 20 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff. 21 1-1-98.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.
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