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90_HB3792
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. Beginning with the 1998-99
school year, increases both the minimum length of the school
term and the minimum number of days of actual pupil
attendance by 5 days. Effective immediately.
LRB9009436NTsbA
LRB9009436NTsbA
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, except that beginning with the 1998-1999
14 school year, each school board shall prepare a calendar for
15 the school term that specifies the opening and closing dates
16 and provides a minimum term of at least 190 days to insure
17 181 days of actual pupil attendance during that school year,
18 computable under Section 18-8.05 for the 1980-1981 school
19 year only 175 days of actual pupil attendance shall be
20 required because of the closing of schools pursuant to
21 Section 24-2 on January 29, 1981 upon the appointment by the
22 President of that day as a day of thanksgiving for the
23 freedom of the Americans who had been held hostage in Iran.
24 Any days allowed by law for teachers' institute but not used
25 as such or used as parental institutes as provided in Section
26 10-22.18d shall increase the minimum term by the school days
27 not so used. Except as provided in Section 10-19.1, the
28 board may not extend the school term beyond such closing date
29 unless that extension of term is necessary to provide the
30 minimum number of computable days. In case of such necessary
31 extension school employees shall be paid for such additional
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1 time on the basis of their regular contracts. A school board
2 may specify a closing date earlier than that set on the
3 annual calendar when the schools of the district have
4 provided the minimum number of computable days under this
5 Section. Nothing in this Section prevents the board from
6 employing superintendents of schools, principals and other
7 nonteaching personnel for a period of 12 months, or in the
8 case of superintendents for a period in accordance with
9 Section 10-23.8, or prevents the board from employing other
10 personnel before or after the regular school term with
11 payment of salary proportionate to that received for
12 comparable work during the school term.
13 A school board may make such changes in its calendar for
14 the school term as may be required by any changes in the
15 legal school holidays prescribed in Section 24-2. A school
16 board may make changes in its calendar for the school term as
17 may be necessary to reflect the utilization of teachers'
18 institute days as parental institute days as provided in
19 Section 10-22.18d.
20 With the prior approval of the State Board of Education
21 and subject to review by the State Board of Education every 3
22 years, any school board may, by resolution of its board and
23 in agreement with affected exclusive collective bargaining
24 agents, establish experimental educational programs,
25 including but not limited to programs for self-directed
26 learning or outside of formal class periods, which programs
27 when so approved shall be considered to comply with the
28 requirements of this Section as respects numbers of days of
29 actual pupil attendance and with the other requirements of
30 this Act as respects courses of instruction.
31 (Source: P.A. 86-1250; 87-183.)
32 (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
33 Sec. 10-19.1. Full year school plan. Any school district
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1 may, by resolution of its board, operate one or more schools
2 within the district on a full year school plan approved by
3 the State Board of Education. Any board which operates under
4 this Section shall devise a plan so that a student's required
5 attendance in school during a 12 month period shall be for
6 not less than the a minimum number of days term of 180 days
7 of actual pupil attendance required by Section 10-19 for the
8 school year during which that 12 month period commences, plus
9 including not more than 4 institute days; provided, however,
10 that during that a 12 month period a student's required
11 attendance in school, but shall not exceed, nor shall any
12 teacher be required to teach more than, the number of days
13 that is equal to the minimum term required to be provided by
14 Section 10-19 for the school year during which that 12 month
15 period commences 185 days. Under such plan, no teacher shall
16 be required to teach more than 185 days. A calendar of 180
17 days may be established with the approval of the State Board
18 of Education.
19 (Source: P.A. 81-1508.)
20 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
21 Sec. 34-18. Powers of the board. The board shall
22 exercise general supervision and jurisdiction over the public
23 education and the public school system of the city, and,
24 except as otherwise provided by this Article, shall have
25 power:
26 1. To make suitable provision for the establishment
27 and maintenance throughout the year or for such portion
28 thereof as it may direct, but for not less than the
29 minimum term required by Section 10-19 in order to insure
30 the minimum number of days of actual pupil attendance as
31 required by Section 10-19 9 months, of schools of all
32 grades and kinds, including normal schools, high schools,
33 night schools, schools for defectives and delinquents,
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1 parental and truant schools, schools for the blind, the
2 deaf and the crippled, schools or classes in manual
3 training, constructural and vocational teaching, domestic
4 arts and physical culture, vocation and extension schools
5 and lecture courses, and all other educational courses
6 and facilities, including establishing, equipping,
7 maintaining and operating playgrounds and recreational
8 programs, when such programs are conducted in, adjacent
9 to, or connected with any public school under the general
10 supervision and jurisdiction of the board; provided,
11 however, that in allocating funds from year to year for
12 the operation of all attendance centers within the
13 district, the board shall ensure that supplemental
14 general State aid funds are allocated and applied in
15 accordance with Section 18-8 or 18-8.05. To admit to such
16 schools without charge foreign exchange students who are
17 participants in an organized exchange student program
18 which is authorized by the board. The board shall permit
19 all students to enroll in apprenticeship programs in
20 trade schools operated by the board, whether those
21 programs are union-sponsored or not. No student shall
22 be refused admission into or be excluded from any course
23 of instruction offered in the common schools by reason of
24 that student's sex. No student shall be denied equal
25 access to physical education and interscholastic athletic
26 programs supported from school district funds or denied
27 participation in comparable physical education and
28 athletic programs solely by reason of the student's sex.
29 Equal access to programs supported from school district
30 funds and comparable programs will be defined in rules
31 promulgated by the State Board of Education in
32 consultation with the Illinois High School Association.
33 Notwithstanding any other provision of this Article,
34 neither the board of education nor any local school
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1 council or other school official shall recommend that
2 children with disabilities be placed into regular
3 education classrooms unless those children with
4 disabilities are provided with supplementary services to
5 assist them so that they benefit from the regular
6 classroom instruction and are included on the teacher's
7 regular education class register;
8 2. To furnish lunches to pupils, to make a
9 reasonable charge therefor, and to use school funds for
10 the payment of such expenses as the board may determine
11 are necessary in conducting the school lunch program;
12 3. To co-operate with the circuit court;
13 4. To make arrangements with the public or
14 quasi-public libraries and museums for the use of their
15 facilities by teachers and pupils of the public schools;
16 5. To employ dentists and prescribe their duties
17 for the purpose of treating the pupils in the schools,
18 but accepting such treatment shall be optional with
19 parents or guardians;
20 6. To grant the use of assembly halls and
21 classrooms when not otherwise needed, including light,
22 heat, and attendants, for free public lectures, concerts,
23 and other educational and social interests, free of
24 charge, under such provisions and control as the
25 principal of the affected attendance center may
26 prescribe;
27 7. To apportion the pupils to the several schools;
28 provided that no pupil shall be excluded from or
29 segregated in any such school on account of his color,
30 race, sex, or nationality. The board shall take into
31 consideration the prevention of segregation and the
32 elimination of separation of children in public schools
33 because of color, race, sex, or nationality. Except that
34 children may be committed to or attend parental and
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1 social adjustment schools established and maintained
2 either for boys or girls only. All records pertaining to
3 the creation, alteration or revision of attendance areas
4 shall be open to the public. Nothing herein shall limit
5 the board's authority to establish multi-area attendance
6 centers or other student assignment systems for
7 desegregation purposes or otherwise, and to apportion the
8 pupils to the several schools. Furthermore, beginning in
9 school year 1994-95, pursuant to a board plan adopted by
10 October 1, 1993, the board shall offer, commencing on a
11 phased-in basis, the opportunity for families within the
12 school district to apply for enrollment of their children
13 in any attendance center within the school district which
14 does not have selective admission requirements approved
15 by the board. The appropriate geographical area in which
16 such open enrollment may be exercised shall be determined
17 by the board of education. Such children may be admitted
18 to any such attendance center on a space available basis
19 after all children residing within such attendance
20 center's area have been accommodated. If the number of
21 applicants from outside the attendance area exceed the
22 space available, then successful applicants shall be
23 selected by lottery. The board of education's open
24 enrollment plan must include provisions that allow low
25 income students to have access to transportation needed
26 to exercise school choice. Open enrollment shall be in
27 compliance with the provisions of the Consent Decree and
28 Desegregation Plan cited in Section 34-1.01;
29 8. To approve programs and policies for providing
30 transportation services to students. Nothing herein shall
31 be construed to permit or empower the State Board of
32 Education to order, mandate, or require busing or other
33 transportation of pupils for the purpose of achieving
34 racial balance in any school;
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1 9. Subject to the limitations in this Article, to
2 establish and approve system-wide curriculum objectives
3 and standards, including graduation standards, which
4 reflect the multi-cultural diversity in the city and are
5 consistent with State law, provided that for all purposes
6 of this Article courses or proficiency in American Sign
7 Language shall be deemed to constitute courses or
8 proficiency in a foreign language; and to employ
9 principals and teachers, appointed as provided in this
10 Article, and fix their compensation. The board shall
11 prepare such reports related to minimal competency
12 testing as may be requested by the State Board of
13 Education, and in addition shall monitor and approve
14 special education and bilingual education programs and
15 policies within the district to assure that appropriate
16 services are provided in accordance with applicable State
17 and federal laws to children requiring services and
18 education in those areas;
19 10. To employ non-teaching personnel or utilize
20 volunteer personnel for: (i) non-teaching duties not
21 requiring instructional judgment or evaluation of pupils,
22 including library duties; and (ii) supervising study
23 halls, long distance teaching reception areas used
24 incident to instructional programs transmitted by
25 electronic media such as computers, video, and audio,
26 detention and discipline areas, and school-sponsored
27 extracurricular activities. The board may further utilize
28 volunteer non-certificated personnel or employ
29 non-certificated personnel to assist in the instruction
30 of pupils under the immediate supervision of a teacher
31 holding a valid certificate, directly engaged in teaching
32 subject matter or conducting activities; provided that
33 the teacher shall be continuously aware of the
34 non-certificated persons' activities and shall be able to
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1 control or modify them. The general superintendent shall
2 determine qualifications of such personnel and shall
3 prescribe rules for determining the duties and activities
4 to be assigned to such personnel;
5 11. To provide television studio facilities in not
6 to exceed one school building and to provide programs for
7 educational purposes, provided, however, that the board
8 shall not construct, acquire, operate, or maintain a
9 television transmitter; to grant the use of its studio
10 facilities to a licensed television station located in
11 the school district; and to maintain and operate not to
12 exceed one school radio transmitting station and provide
13 programs for educational purposes;
14 12. To offer, if deemed appropriate, outdoor
15 education courses, including field trips within the State
16 of Illinois, or adjacent states, and to use school
17 educational funds for the expense of the said outdoor
18 educational programs, whether within the school district
19 or not;
20 13. During that period of the calendar year not
21 embraced within the regular school term, to provide and
22 conduct courses in subject matters normally embraced in
23 the program of the schools during the regular school term
24 and to give regular school credit for satisfactory
25 completion by the student of such courses as may be
26 approved for credit by the State Board of Education;
27 14. To insure against any loss or liability of the
28 board, the former School Board Nominating Commission,
29 Local School Councils, the Chicago Schools Academic
30 Accountability Council, or the former Subdistrict
31 Councils or of any member, officer, agent or employee
32 thereof, resulting from alleged violations of civil
33 rights arising from incidents occurring on or after
34 September 5, 1967 or from the wrongful or negligent act
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1 or omission of any such person whether occurring within
2 or without the school premises, provided the officer,
3 agent or employee was, at the time of the alleged
4 violation of civil rights or wrongful act or omission,
5 acting within the scope of his employment or under
6 direction of the board, the former School Board
7 Nominating Commission, the Chicago Schools Academic
8 Accountability Council, Local School Councils, or the
9 former Subdistrict Councils; and to provide for or
10 participate in insurance plans for its officers and
11 employees, including but not limited to retirement
12 annuities, medical, surgical and hospitalization benefits
13 in such types and amounts as may be determined by the
14 board; provided, however, that the board shall contract
15 for such insurance only with an insurance company
16 authorized to do business in this State. Such insurance
17 may include provision for employees who rely on treatment
18 by prayer or spiritual means alone for healing, in
19 accordance with the tenets and practice of a recognized
20 religious denomination;
21 15. To contract with the corporate authorities of
22 any municipality or the county board of any county, as
23 the case may be, to provide for the regulation of traffic
24 in parking areas of property used for school purposes, in
25 such manner as is provided by Section 11-209 of The
26 Illinois Vehicle Code, approved September 29, 1969, as
27 amended;
28 16. To provide, on an equal basis, access to the
29 school campus to the official recruiting representatives
30 of the armed forces of Illinois and the United States for
31 the purposes of informing students of the educational and
32 career opportunities available in the military if the
33 board has provided such access to persons or groups whose
34 purpose is to acquaint students with educational or
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1 occupational opportunities available to them. The board
2 is not required to give greater notice regarding the
3 right of access to recruiting representatives than is
4 given to other persons and groups;
5 17. (a) To sell or market any computer program
6 developed by an employee of the school district, provided
7 that such employee developed the computer program as a
8 direct result of his or her duties with the school
9 district or through the utilization of the school
10 district resources or facilities. The employee who
11 developed the computer program shall be entitled to share
12 in the proceeds of such sale or marketing of the computer
13 program. The distribution of such proceeds between the
14 employee and the school district shall be as agreed upon
15 by the employee and the school district, except that
16 neither the employee nor the school district may receive
17 more than 90% of such proceeds. The negotiation for an
18 employee who is represented by an exclusive bargaining
19 representative may be conducted by such bargaining
20 representative at the employee's request.
21 (b) For the purpose of this paragraph 17:
22 (1) "Computer" means an internally programmed,
23 general purpose digital device capable of
24 automatically accepting data, processing data and
25 supplying the results of the operation.
26 (2) "Computer program" means a series of coded
27 instructions or statements in a form acceptable to a
28 computer, which causes the computer to process data
29 in order to achieve a certain result.
30 (3) "Proceeds" means profits derived from
31 marketing or sale of a product after deducting the
32 expenses of developing and marketing such product;
33 18. To delegate to the general superintendent of
34 schools, by resolution, the authority to approve
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1 contracts and expenditures in amounts of $10,000 or less;
2 19. Upon the written request of an employee, to
3 withhold from the compensation of that employee any dues,
4 payments or contributions payable by such employee to any
5 labor organization as defined in the Illinois Educational
6 Labor Relations Act. Under such arrangement, an amount
7 shall be withheld from each regular payroll period which
8 is equal to the pro rata share of the annual dues plus
9 any payments or contributions, and the board shall
10 transmit such withholdings to the specified labor
11 organization within 10 working days from the time of the
12 withholding;
13 19a. Upon receipt of notice from the comptroller of
14 a municipality with a population of 500,000 or more that
15 a debt is due and owing the municipality by an employee
16 of the Chicago School Reform Board of Trustees, to
17 withhold, from the compensation of that employee, the
18 amount of the debt that is due and owing and pay the
19 amount withheld to the municipality; provided, however,
20 that the amount deducted from any one salary or wage
21 payment shall not exceed 25% of the net amount of the
22 payment. Before the Board deducts any amount from any
23 salary or wage of an employee under this paragraph, the
24 municipality shall certify that the employee has been
25 afforded an opportunity for a hearing to dispute the debt
26 that is due and owing the municipality. For purposes of
27 this paragraph, "net amount" means that part of the
28 salary or wage payment remaining after the deduction of
29 any amounts required by law to be deducted and "debt due
30 and owing" means (i) a specified sum of money owed to the
31 municipality for city services, work, or goods, after the
32 period granted for payment has expired, or (ii) a
33 specified sum of money owed to the municipality pursuant
34 to a court order or order of an administrative hearing
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1 officer after the exhaustion of, or the failure to
2 exhaust, judicial review;
3 20. The board is encouraged to employ a sufficient
4 number of certified school counselors to maintain a
5 student/counselor ratio of 250 to 1 by July 1, 1990.
6 Each counselor shall spend at least 75% of his work time
7 in direct contact with students and shall maintain a
8 record of such time;
9 21. To make available to students vocational and
10 career counseling and to establish 5 special career
11 counseling days for students and parents. On these days
12 representatives of local businesses and industries shall
13 be invited to the school campus and shall inform students
14 of career opportunities available to them in the various
15 businesses and industries. Special consideration shall
16 be given to counseling minority students as to career
17 opportunities available to them in various fields. For
18 the purposes of this paragraph, minority student means a
19 person who is:
20 (a) Black (a person having origins in any of
21 the black racial groups in Africa);
22 (b) Hispanic (a person of Spanish or
23 Portuguese culture with origins in Mexico, South or
24 Central America, or the Caribbean islands,
25 regardless of race);
26 (c) Asian American (a person having origins in
27 any of the original peoples of the Far East,
28 Southeast Asia, the Indian Subcontinent or the
29 Pacific Islands); or
30 (d) American Indian or Alaskan Native (a
31 person having origins in any of the original peoples
32 of North America).
33 Counseling days shall not be in lieu of regular
34 school days;
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1 22. To report to the State Board of Education the
2 annual student dropout rate and number of students who
3 graduate from, transfer from or otherwise leave bilingual
4 programs;
5 23. Except as otherwise provided in the Abused and
6 Neglected Child Reporting Act or other applicable State
7 or federal law, to permit school officials to withhold,
8 from any person, information on the whereabouts of any
9 child removed from school premises when the child has
10 been taken into protective custody as a victim of
11 suspected child abuse. School officials shall direct
12 such person to the Department of Children and Family
13 Services, or to the local law enforcement agency if
14 appropriate;
15 24. To develop a policy, based on the current state
16 of existing school facilities, projected enrollment and
17 efficient utilization of available resources, for capital
18 improvement of schools and school buildings within the
19 district, addressing in that policy both the relative
20 priority for major repairs, renovations and additions to
21 school facilities, and the advisability or necessity of
22 building new school facilities or closing existing
23 schools to meet current or projected demographic patterns
24 within the district;
25 25. To make available to the students in every high
26 school attendance center the ability to take all courses
27 necessary to comply with the Board of Higher Education's
28 college entrance criteria effective in 1993;
29 26. To encourage mid-career changes into the
30 teaching profession, whereby qualified professionals
31 become certified teachers, by allowing credit for
32 professional employment in related fields when
33 determining point of entry on teacher pay scale;
34 27. To provide or contract out training programs
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1 for administrative personnel and principals with revised
2 or expanded duties pursuant to this Act in order to
3 assure they have the knowledge and skills to perform
4 their duties;
5 28. To establish a fund for the prioritized special
6 needs programs, and to allocate such funds and other lump
7 sum amounts to each attendance center in a manner
8 consistent with the provisions of part 4 of Section
9 34-2.3. Nothing in this paragraph shall be construed to
10 require any additional appropriations of State funds for
11 this purpose;
12 29. (Blank);
13 30. Notwithstanding any other provision of this Act
14 or any other law to the contrary, to contract with third
15 parties for services otherwise performed by employees,
16 including those in a bargaining unit, and to layoff those
17 employees upon 14 days written notice to the affected
18 employees. Those contracts may be for a period not to
19 exceed 5 years and may be awarded on a system-wide basis;
20 31. To promulgate rules establishing procedures
21 governing the layoff or reduction in force of employees
22 and the recall of such employees, including, but not
23 limited to, criteria for such layoffs, reductions in
24 force or recall rights of such employees and the weight
25 to be given to any particular criterion. Such criteria
26 shall take into account factors including, but not be
27 limited to, qualifications, certifications, experience,
28 performance ratings or evaluations, and any other factors
29 relating to an employee's job performance; and
30 32. To develop a policy to prevent nepotism in the
31 hiring of personnel or the selection of contractors.
32 The specifications of the powers herein granted are not
33 to be construed as exclusive but the board shall also
34 exercise all other powers that they may be requisite or
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1 proper for the maintenance and the development of a public
2 school system, not inconsistent with the other provisions of
3 this Article or provisions of this Code which apply to all
4 school districts.
5 In addition to the powers herein granted and authorized
6 to be exercised by the board, it shall be the duty of the
7 board to review or to direct independent reviews of special
8 education expenditures and services. The board shall file a
9 report of such review with the General Assembly on or before
10 May 1, 1990.
11 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
12 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff.
13 1-1-98.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.