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90_SB0560ccr001
LRB9005472NTsbccr7
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 560
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House
10 Amendments Nos. 3, 7, and 8 to Senate Bill 560, recommend the
11 following:
12 (1) that the House recede from House Amendments Nos. 3,
13 7, and 8; and
14 (2) that Senate Bill 560 be amended as follows:
15 by replacing the title with the following:
16 "AN ACT concerning education, amending named Acts."; and
17 by replacing everything after the enacting clause with the
18 following:
19 "Section 5. The School Code is amended by changing
20 Sections 2-3.12, 3-14.23, 19-3, 21-1a, 21-2, 21-2.1, 21-3,
21 21-4, 21-5, 21-14, 27-24.5, and 34-3 and adding Section
22 2-3.12a as follows:
23 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
24 Sec. 2-3.12. School building code. To prepare for school
25 boards with the advice of the Department of Public Health,
26 the Capital Development Board, and the State Fire Marshal a
27 school building code that will conserve the health and safety
28 and general welfare of the pupils and school personnel and
29 others who use public school facilities.
30 The document known as "Efficient and Adequate Standards
31 for the Construction of Schools" applies only to temporary
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1 school facilities, new school buildings, and additions to
2 existing schools whose construction contracts are awarded
3 after July 1, 1965. On or before July 1, 1967, each school
4 board shall have its school district buildings that were
5 constructed prior to January 1, 1955, surveyed by an
6 architect or engineer licensed in the State of Illinois as to
7 minimum standards necessary to conserve the health and safety
8 of the pupils enrolled in the school buildings of the
9 district. Buildings constructed between January 1, 1955 and
10 July 1, 1965, not owned by the State of Illinois, shall be
11 surveyed by an architect or engineer licensed in the State of
12 Illinois beginning 10 years after acceptance of the completed
13 building by the school board. Buildings constructed between
14 January 1, 1955 and July 1, 1955 and previously exempt under
15 the provisions of Section 35-27 shall be surveyed prior to
16 July 1, 1977 by an architect or engineer licensed in the
17 State of Illinois. The architect or engineer, using the
18 document known as "Building Specifications for Health and
19 Safety in Public Schools" as a guide, shall make a report of
20 the findings of the survey to the school board, giving
21 priority in that report to fire safety problems and
22 recommendations thereon if any such problems exist. The
23 school board of each district so surveyed and receiving a
24 report of needed recommendations to be made to improve
25 standards of safety and health of the pupils enrolled has
26 until July 1, 1970, or in case of buildings not owned by the
27 State of Illinois and completed between January 1, 1955 and
28 July 1, 1965 or in the case of buildings previously exempt
29 under the provisions of Section 35-27 has a period of 3 years
30 after the survey is commenced, to effectuate those
31 recommendations, giving first attention to the
32 recommendations in the survey report having priority status,
33 and is authorized to levy the tax provided for in Section
34 17-2.11, according to the provisions of that Section, to make
35 such improvements. School boards unable to effectuate those
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1 recommendations prior to July 1, 1970, on July 1, 1980 in the
2 case of buildings previously exempt under the provisions of
3 Section 35-27, may petition the State Superintendent of
4 Education upon the recommendation of the Regional
5 Superintendent for an extension of time. The extension of
6 time may be granted by the State Superintendent of Education
7 for a period of one year, but may be extended from year to
8 year provided substantial progress, in the opinion of the
9 State Superintendent of Education, is being made toward
10 compliance.
11 Within 2 years after the effective date of this
12 amendatory Act of 1983, and every 10 years thereafter, or at
13 such other times as the State Board of Education deems
14 necessary or the regional superintendent so orders, each
15 school board subject to the provisions of this Section shall
16 again survey its school buildings and effectuate any
17 recommendations in accordance with the procedures set forth
18 herein. An architect or engineer licensed in the State of
19 Illinois is required to conduct the surveys under the
20 provisions of this Section and shall make a report of the
21 findings of the survey titled "safety survey report" to the
22 school board. The school board shall approve the safety
23 survey report, including any recommendations to effectuate
24 compliance with the code, and submit it to the Regional
25 Superintendent. The Regional Superintendent shall render a
26 decision regarding approval or denial and submit the safety
27 survey report to the State Superintendent of Education. The
28 State Superintendent of Education shall approve or deny the
29 report including recommendations to effectuate compliance
30 with the code and, if approved, issue a certificate of
31 approval. Upon receipt of the certificate of approval, the
32 Regional Superintendent shall issue an order to effect any
33 approved recommendations included in the report. Items in
34 the report shall be prioritized. Urgent items shall be
35 considered as those items related to life safety problems
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1 that present an immediate hazard to the safety of students.
2 Required items shall be considered as those items that are
3 necessary for a safe environment but present less of an
4 immediate hazard to the safety of students. Urgent and
5 required items shall reference a specific rule in the code
6 authorized by this Section that is currently being violated
7 or will be violated within the next 12 months if the
8 violation is not remedied. The school board of each district
9 so surveyed and receiving a report of needed recommendations
10 to be made to maintain standards of safety and health of the
11 pupils enrolled shall effectuate the correction of urgent
12 items as soon as achievable to ensure the safety of the
13 students, but in no case more than one year after the date of
14 the State Superintendent of Education's approval of the
15 recommendation. Required items shall be corrected in a
16 timely manner, but in no case more than 5 3 years from the
17 date of the State Superintendent of Education's approval of
18 the recommendation. Once each year the school board shall
19 submit a report of progress on completion of any
20 recommendations to effectuate compliance with the code. For
21 each year that the school board does not effectuate any or
22 all approved recommendations, it shall petition the Regional
23 Superintendent and the State Superintendent of Education
24 detailing what work was completed in the previous year and a
25 work plan for completion of the remaining work. If in the
26 judgement of the Regional Superintendent and the State
27 Superintendent of Education substantial progress has been
28 made and just cause has been shown by the school board, the
29 petition for a one year extension of time may be approved.
30 As soon as practicable, but not later than 2 years after
31 the effective date of this amendatory Act of 1992, the State
32 Board of Education shall combine the document known as
33 "Efficient and Adequate Standards for the Construction of
34 Schools" with the document known as "Building Specifications
35 for Health and Safety in Public Schools" together with any
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1 modifications or additions that may be deemed necessary. The
2 combined document shall be known as the "Health/Life Safety
3 Code for Public Schools" and shall be the governing code for
4 all facilities that house public school students or are
5 otherwise used for public school purposes, whether such
6 facilities are permanent or temporary and whether they are
7 owned, leased, rented, or otherwise used by the district.
8 Facilities owned by a school district but that are not used
9 to house public school students or are not used for public
10 school purposes shall be governed by separate provisions
11 within the code authorized by this Section.
12 The 10 year survey cycle specified in this Section shall
13 continue to apply based upon the standards contained in the
14 "Health/Life Safety Code for Public Schools", which shall
15 specify building standards for buildings that are constructed
16 prior to the effective date of this amendatory Act of 1992
17 and for buildings that are constructed after that date.
18 The "Health/Life Safety Code for Public Schools" shall be
19 the governing code for public schools; however, the
20 provisions of this Section shall not preclude inspection of
21 school premises and buildings pursuant to Section 9 of the
22 Fire Investigation Act, provided that the provisions of the
23 "Health/Life Safety Code for Public Schools", or such
24 predecessor document authorized by this Section as may be
25 applicable are used, and provided that those inspections are
26 coordinated with the Regional Superintendent having
27 jurisdiction over the public school facility. Any agency
28 having jurisdiction beyond the scope of the applicable
29 document authorized by this Section may issue a lawful order
30 to a school board to effectuate recommendations, and the
31 school board receiving the order shall certify to the
32 Regional Superintendent and the State Superintendent of
33 Education when it has complied with the order.
34 The State Board of Education is authorized to adopt any
35 rules that are necessary relating to the administration and
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1 enforcement of the provisions of this Section. The code
2 authorized by this Section shall apply only to those school
3 districts having a population of less than 500,000
4 inhabitants.
5 (Source: P.A. 89-397, eff. 8-20-95.)
6 (105 ILCS 5/2-3.12a new)
7 Sec. 2-3.12a. Health/Life Safety Code Advisory
8 Committee.
9 (a) The Health/Life Safety Code Advisory Committee is
10 created. The Committee shall be composed of 11 members. The
11 President of the Senate, the Minority Leader of the Senate,
12 the Speaker of the House of Representatives, and the Minority
13 Leader of the House of Representatives shall appoint one
14 member each, the Governor shall appoint 4 members, and the
15 State Superintendent of Education shall appoint 3 members.
16 At least one member appointed by the Governor shall have
17 resided within a large unit school district for at least 5
18 years preceding the appointment. For the purposes of this
19 Section, a "large unit school district" means a K-12 district
20 with a student enrollment of 3,500 or more. All appointments
21 to the Committee shall be made within 15 days after the
22 effective date of this amendatory Act of 1998. Members of
23 the Committee shall serve without compensation but shall be
24 reimbursed for their reasonable and necessary expenses from
25 funds appropriated for that purpose. The Committee shall
26 hold an organizational meeting within 10 days after the last
27 member has been appointed. The Committee shall select one
28 member as chairperson at this organizational meeting. A
29 majority of the members shall constitute a quorum.
30 (b) The Committee shall review the establishment and
31 enforcement of life safety rules and requirements and the
32 categorization of life safety items as "urgent" or "required"
33 in safety survey reports, as set forth in Section 2-3.12 of
34 this Code and pursuant to the rules and procedures
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1 promulgated by the State Board of Education in the
2 Health/Life Safety Code for Public Schools. In particular,
3 the Committee shall (i) review the process by which items are
4 designated as "urgent" or "required" life safety items and
5 inquire into the classification of life safety items as
6 "urgent" or "required", (ii) review the rules and procedures,
7 including the procedures for appeal and review of safety
8 survey reports and recommendations issued by the State
9 Superintendent of Education pursuant to the safety survey
10 reports, established for compelling, obtaining, and
11 implementing remedial construction and retrofitting of
12 school-related property and buildings mandated under the
13 school building code, known as the Health/Life Safety Code
14 for Public Schools, (iii) inquire into and identify budgetary
15 and other problems, difficulties, and matters of controversy
16 that are associated with the conducting of school safety
17 surveys, and (iv) inquire into the enforcement of the
18 Health/Life Safety Code for Public Schools. The Committee
19 shall report its findings and recommendations to the General
20 Assembly, the Governor, and the State Superintendent of
21 Education by April 15, 1999. The report shall contain
22 recommendations to remedy problems, difficulties, and matters
23 of controversy identified in the report, including those
24 related to the definition and classification of life safety
25 items as "urgent" or "required".
26 (c) This Section is repealed on May 1, 1999.
27 (105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
28 Sec. 3-14.23. School bus driver permits.
29 (a) To conduct courses of instruction for school bus
30 drivers pursuant to the standards established by the
31 Secretary of State under Section 6-106.1 of the Illinois
32 Vehicle Code and to charge a fee based upon the cost of
33 providing such courses of up to $4 per person for the initial
34 classroom course in school bus driver safety and of up to $4
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1 per person for the annual refresher course. The State Board
2 of Education shall annually request such additional
3 appropriation as may be necessary to ensure that adequate and
4 sufficient training is provided to all school bus drivers in
5 Illinois. This appropriation shall be used to supplement,
6 not supplant, programs conducted using fees received from
7 applicants for school bus driver permits. Registration fees
8 collected prior to January 1, 1995 under Section 6-106.1 of
9 the Illinois Vehicle Code shall be used for those courses and
10 training prior to charging the fee authorized by this
11 paragraph.
12 (b) To conduct such investigations as may be necessary
13 to insure that all persons hired to operate school buses have
14 valid school bus driver permits as required under Sections
15 6-104 and 6-106.1 of "The Illinois Vehicle Code". If a
16 regional superintendent finds evidence of non-compliance with
17 this requirement, he shall submit such evidence together
18 with his recommendations in writing to the school board.
19 If the regional superintendent finds evidence of
20 noncompliance with the requirement that all persons employed
21 directly by the school board to operate school buses have
22 valid school bus driver permits as required under Sections
23 6-104 and 6-106.1 of "The Illinois Vehicle Code", the
24 regional superintendent shall schedule a hearing on a date
25 not less than 5 days nor more than 10 days after notifying
26 the district of his findings. If based on the evidence
27 presented at the hearing the regional superintendent finds
28 that persons employed directly by the school board to operate
29 school buses do not have valid school bus driver permits as
30 required under Sections 6-104 and 6-106.1 of "The Illinois
31 Vehicle Code", the regional superintendent shall submit such
32 evidence and his findings together with his recommendations
33 to the State Superintendent of Education. The State
34 Superintendent of Education may reduce the district's claim
35 for reimbursement under Sections 29-5 and 14-13.01 for
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1 transportation by 1.136% for each day of noncompliance.
2 If a school board finds evidence of noncompliance with
3 the requirement that all persons employed by a contractor to
4 operate school buses have valid school bus driver permits as
5 required under Sections 6-104 and 6-106.1 of "The Illinois
6 Vehicle Code", the school board shall request a hearing
7 before the regional superintendent. The regional
8 superintendent shall schedule a hearing on a date not less
9 than 5 days nor more than 10 days after receiving the
10 request. If based on the evidence presented at the hearing
11 the regional superintendent finds that persons employed by a
12 contractor to operate school buses do not have valid school
13 bus driver permits as required under Sections 6-104 and
14 6-106.1 of "The Illinois Vehicle Code", the school board's
15 financial obligations under the contract shall be reduced by
16 an amount equal to 1.136% for each day of noncompliance. The
17 findings of the regional superintendent and the relief
18 provided herein shall not impair the obligations of the
19 contractor to continue to provide transportation services in
20 accordance with the terms of the contract.
21 The provisions of the Administrative Review Law, and all
22 amendments and modifications thereof and the rules adopted
23 pursuant thereto shall apply to and govern all proceedings
24 instituted for judicial review of final administrative
25 decisions of the regional superintendent under this Section.
26 (Source: P.A. 88-612, eff. 7-1-95.)
27 (105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
28 Sec. 19-3. Boards of education. Any school district
29 governed by a board of education and having a population of
30 not more than 500,000 inhabitants, and not governed by a
31 special Act may borrow money for the purpose of building,
32 equipping, altering or repairing school buildings or
33 purchasing or improving school sites, or acquiring and
34 equipping playgrounds, recreation grounds, athletic fields,
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1 and other buildings or land used or useful for school
2 purposes or for the purpose of purchasing a site, with or
3 without a building or buildings thereon, or for the building
4 of a house or houses on such site, or for the building of a
5 house or houses on the school site of the school district,
6 for residential purposes of the superintendent, principal, or
7 teachers of the school district, and issue its negotiable
8 coupon bonds therefor signed by the president and secretary
9 of the board, in denominations of not less than $100 nor more
10 than $5,000, payable at such place and at such time or times,
11 not exceeding 20 years from date of issuance, as the board of
12 education may prescribe, and bearing interest at a rate not
13 to exceed the maximum rate authorized by the Bond
14 Authorization Act, as amended at the time of the making of
15 the contract, payable annually, semiannually or quarterly,
16 but no such bonds shall be issued unless the proposition to
17 issue them is submitted to the voters of the district at a
18 referendum held at a regularly scheduled election after the
19 board has certified the proposition to the proper election
20 authorities in accordance with the general election law, a
21 majority of all the votes cast on the proposition is in favor
22 of the proposition, notice of such bond referendum (if
23 heretofore or hereafter held at any general election) has
24 been given either (i) in accordance with the second paragraph
25 of Section 12-1 of the Election Code irrespective of any
26 other requirements of the Election Code and irrespective of
27 whether such notice included any reference to the public
28 question as it appeared on the ballot or (ii) for an election
29 held on or after November 1, 1998, in accordance with Section
30 12-5 of the Election Code, and a true and legible copy of the
31 specimen ballot label containing the proposition (if
32 heretofore or hereafter submitted to the voters of the
33 district at any general election) in the form in which it
34 appeared or will appear on the official ballot label on the
35 day of the election has been published at least 5 days
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1 before the day of the election in at least one newspaper
2 published in and having a general circulation in each county
3 in which the district is located irrespective of any other
4 requirements of Section 24A-18 of the Election Code, nor
5 shall any residential site be acquired unless such
6 proposition to acquire a site is submitted to the voters of
7 the district at a referendum held at a regularly scheduled
8 election after the board has certified the proposition to the
9 proper election authorities in accordance with the general
10 election law and a majority of all the votes cast on the
11 proposition is in favor of the proposition. Nothing in this
12 Act or in any other law shall be construed as to require the
13 notice of the bond referendum to be published over the name
14 or title of the election authority or the listing of maturity
15 dates of any bonds either in the notice of bond election or
16 ballot used in the bond election. Such proposition may be
17 initiated by resolution of the school board.
18 With respect to instruments for the payment of money
19 issued under this Section either before, on, or after the
20 effective date of this amendatory Act of 1989, it is and
21 always has been the intention of the General Assembly (i)
22 that the Omnibus Bond Acts are and always have been
23 supplementary grants of power to issue instruments in
24 accordance with the Omnibus Bond Acts, regardless of any
25 provision of this Act that may appear to be or to have been
26 more restrictive than those Acts, (ii) that the provisions of
27 this Section are not a limitation on the supplementary
28 authority granted by the Omnibus Bond Acts, and (iii) that
29 instruments issued under this Section within the
30 supplementary authority granted by the Omnibus Bond Acts are
31 not invalid because of any provision of this Act that may
32 appear to be or to have been more restrictive than those
33 Acts.
34 The proceeds of any bonds issued under authority of this
35 Section shall be deposited and accounted for separately
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1 within the Site and Construction/Capital Improvements Fund.
2 (Source: P.A. 89-698, eff. 1-14-97.)
3 (105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
4 Sec. 21-1a. Tests required for certification.
5 (a) After July 1, 1988, in addition to all other
6 requirements, early childhood, elementary, special, high
7 school, school service personnel, or, except as provided in
8 Section 34-6, administrative certificates shall be issued to
9 persons who have satisfactorily passed a test of basic skills
10 and subject matter knowledge. The tests of basic skills and
11 subject matter knowledge shall be the tests which from time
12 to time are designated by the State Board of Education in
13 consultation with the State Teacher Certification Board and
14 may be tests prepared by an educational testing organization
15 or tests designed by the State Board of Education in
16 consultation with the State Teacher Certification Board. The
17 areas to be covered by the test of basic skills shall include
18 the basic skills of reading, writing, grammar and
19 mathematics. The test of subject matter knowledge shall
20 assess content knowledge in the specific subject field. The
21 tests shall be designed to be racially neutral to assure that
22 no person in taking the tests is thereby discriminated
23 against on the basis of race, color, national origin or other
24 factors unrelated to the person's ability to perform as a
25 certificated employee. The score required to pass the tests
26 of basic skills and subject matter knowledge shall be fixed
27 by the State Board of Education in consultation with the
28 State Teacher Certification Board. The tests shall be held
29 not fewer than 3 times a year at such time and place as may
30 be designated by the State Board of Education in consultation
31 with the State Teacher Certification Board.
32 (b) Except as provided in Section 34-6, the provisions
33 of subsection (a) of this Section shall apply equally in any
34 school district subject to Article 34, provided that the
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1 State Board of Education shall determine which certificates
2 issued under Sections 34-8.1 and 34-83 prior to July 1, 1988
3 are comparable to any early childhood certificate, elementary
4 school certificate, special certificate, high school
5 certificate, school service personnel certificate or
6 administrative certificate issued under this Article as of
7 July 1, 1988.
8 (c) A person who holds an early childhood, elementary,
9 special, high school or school service personnel certificate
10 issued under this Article on or at any time before July 1,
11 1988, including a person who has been issued any such
12 certificate pursuant to Section 21-11.1 or in exchange for a
13 comparable certificate theretofore issued under Section
14 34-8.1 or Section 34-83, shall not be required to take or
15 pass the tests in order to thereafter have such certificate
16 renewed.
17 (d) The State Board of Education in consultation with
18 the State Teacher Certification Board shall conduct a pilot
19 administration of the tests by administering the test to
20 students completing teacher education programs in the 1986-87
21 school year for the purpose of determining the effect and
22 impact of testing candidates for certification.
23 (e) The rules and regulations developed to implement the
24 required test of basic skills and subject matter knowledge
25 shall include the requirements of subsections (a), (b), and
26 (c) and shall include specific regulations to govern test
27 selection; test validation and determination of a passing
28 score; administration of the tests; frequency of
29 administration; applicant fees; frequency of applicants'
30 taking the tests; the years for which a score is valid; and,
31 waiving certain additional tests for additional certificates
32 to individuals who have satisfactorily passed the test of
33 basic skills and subject matter knowledge as required in
34 subsection (a). The State Board of Education shall provide,
35 by rule, specific policies that assure uniformity in the
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1 difficulty level of each form of the basic skills test and
2 each subject matter knowledge test from test-to-test and
3 year-to-year. The State Board of Education shall also set a
4 passing score for the tests.
5 (f) The State Teacher Certification Board may issue a
6 nonrenewable temporary certificate between July 1, 1988 and
7 August 31, 1988 to individuals who have taken the tests of
8 basic skills and subject matter knowledge prescribed by this
9 Section but have not received such test scores by August 31,
10 1988. Such temporary certificates shall expire on December
11 31, 1988.
12 (g) Beginning July January 1, 1999, the State Board of
13 Education, in consultation with the State Teacher
14 Certification Board, shall implement and administer a new
15 system of certification for teachers in the State of
16 Illinois. The State Board of Education, in consultation with
17 the State Teacher Certification Board, shall design and
18 implement a system of examinations and various other criteria
19 which shall be required prior to the issuance of Initial
20 Teaching Certificates and Standard Teaching Certificates.
21 These examinations and indicators shall be based on national
22 professional teaching standards, as determined by the State
23 Board of Education, in consultation with the State Teacher
24 Certification Board. The State Board of Education may adopt
25 any and all regulations necessary to implement and administer
26 this Section.
27 (h) The State Board of Education shall report to the
28 Illinois General Assembly and the Governor with
29 recommendations for further changes and improvements to the
30 teacher certification system no later than July January 1,
31 1999 and on an annual basis until July January 1, 2001.
32 (Source: P.A. 90-548, eff. 1-1-98.)
33 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
34 Sec. 21-2. Grades of certificates.
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1 (a) Until July January 1, 1999, all certificates issued
2 under this Article shall be State certificates valid, except
3 as limited in Section 21-1, in every school district coming
4 under the provisions of this Act and shall be limited in time
5 and designated as follows: Provisional vocational
6 certificate, temporary provisional vocational certificate,
7 early childhood certificate, elementary school certificate,
8 special certificate, high school certificate, school service
9 personnel certificate, administrative certificate,
10 provisional certificate, and substitute certificate. The
11 requirement of student teaching under close and competent
12 supervision for obtaining a teaching certificate may be
13 waived by the State Teacher Certification Board upon
14 presentation to the Board by the teacher of evidence of 5
15 years successful teaching experience on a valid certificate
16 and graduation from a recognized institution of higher
17 learning with a bachelor's degree with not less than 120
18 semester hours and a minimum of 16 semester hours in
19 professional education.
20 (b) Initial Teaching Certificate. Beginning July
21 January 1, 1999, persons who (1) have completed an approved
22 teacher preparation program, (2) are recommended by an
23 approved teacher preparation program, (3) have successfully
24 completed the Initial Teaching Certification examinations
25 required by the State Board of Education, and (4) have met
26 all other criteria established by the State Board of
27 Education in consultation with the State Teacher
28 Certification Board, shall be issued an Initial Teaching
29 Certificate valid for 4 years of teaching. Initial Teaching
30 Certificates shall be issued for categories corresponding to
31 Early Childhood, Elementary, Secondary, and Special K-12,
32 with special certification designations for Special
33 Education, Bilingual Education, fundamental learning areas
34 (including Language Arts, Reading, Mathematics, Science,
35 Social Science, Physical Development and Health, Fine Arts,
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1 and Foreign Language), and other areas designated by the
2 State Board of Education, in consultation with the State
3 Teacher Certification Board.
4 (c) Standard Certificate. Beginning July January 1,
5 1999, persons who (1) have completed 4 years of teaching with
6 an Initial Certificate, have successfully completed the
7 Standard Teaching Certificate examinations, and have met all
8 other criteria established by the State Board of Education in
9 consultation with the State Teacher Certification Board, or
10 (2) were issued teaching certificates prior to July January
11 1, 1999 and are renewing those certificates after July
12 January 1, 1999, shall be issued a Standard Certificate valid
13 for 5 years, which may be renewed thereafter every 5 years by
14 the State Teacher Certification Board based on proof of
15 continuing education or professional development. Standard
16 Certificates shall be issued for categories corresponding to
17 Early Childhood, Elementary, Secondary, and Special K-12,
18 with special certification designations for Special
19 Education, Bilingual Education, fundamental learning areas
20 (including Language Arts, Reading, Mathematics, Science,
21 Social Science, Physical Development and Health, Fine Arts,
22 and Foreign Language), and other areas designated by the
23 State Board of Education, in consultation with the State
24 Teacher Certification Board.
25 (d) Master Certificate. Beginning July January 1, 1999,
26 persons who have successfully achieved National Board
27 certification through the National Board for Professional
28 Teaching Standards shall be issued a Master Certificate,
29 valid for 7 years and renewable thereafter every 7 years
30 through compliance with requirements set forth by the State
31 Board of Education.
32 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
33 (105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
34 Sec. 21-2.1. Early childhood certificate.
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1 (a) An early childhood certificate shall be valid for 4
2 years for teaching children up to 6 years of age, exclusive
3 of children enrolled in kindergarten, in facilities approved
4 by the State Superintendent of Education. Beginning July 1,
5 1988, such certificate shall be valid for 4 years for
6 Teaching children through grade 3 in facilities approved by
7 the State Superintendent of Education. Subject to the
8 provisions of Section 21-1a, it shall be issued to persons
9 who have graduated from a recognized institution of higher
10 learning with a bachelor's degree and with not fewer than 120
11 semester hours including professional education or human
12 development or, until July 1, 1992, to persons who have early
13 childhood education instruction and practical experience
14 involving supervised work with children under 6 years of age
15 or with children through grade 3. Such persons shall be
16 recommended for the early childhood certificate by a
17 recognized institution as having completed an approved
18 program of preparation which includes the requisite hours and
19 academic and professional courses and practical experience
20 approved by the State Superintendent of Education in
21 consultation with the State Teacher Certification Board.
22 (b) Beginning July January 1, 1999, Initial and Standard
23 Early Childhood Education Certificates shall be issued to
24 persons who meet the criteria established by the State Board
25 of Education.
26 (Source: P.A. 90-548, eff. 1-1-98.)
27 (105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
28 Sec. 21-3. Elementary certificate.
29 (a) An elementary school certificate shall be valid for
30 4 years for teaching in the kindergarten and lower 9 grades
31 of the common schools. Subject to the provisions of Section
32 21-1a, it shall be issued to persons who have graduated from
33 a recognized institution of higher learning with a bachelor's
34 degree and with not fewer than 120 semester hours and with a
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1 minimum of 16 semester hours in professional education,
2 including 5 semester hours in student teaching under
3 competent and close supervision. Such persons shall be
4 recommended for the elementary certificate by a recognized
5 institution as having completed an approved program of
6 preparation which includes intensive preservice training in
7 the humanities, natural sciences, mathematics and the
8 academic and professional courses approved by the State
9 Superintendent of Education in consultation with the State
10 Teacher Certification Board.
11 (b) Beginning July January 1, 1999, Initial and Standard
12 Elementary Certificates shall be issued to persons who meet
13 all of the criteria established by the State Board of
14 Education for elementary education.
15 (Source: P.A. 90-548, eff. 1-1-98.)
16 (105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
17 Sec. 21-4. Special certificate.
18 (a) A special certificate shall be valid for 4 years for
19 teaching the special subjects named therein in all grades of
20 the common schools. Subject to the provisions of Section
21 21-1a, it shall be issued to persons who have graduated from
22 a recognized institution of higher learning with a bachelor's
23 degree and with not fewer than 120 semester hours including a
24 minimum of 16 semester hours in professional education, 5 of
25 which shall be in student teaching under competent and close
26 supervision. When the holder of such certificate has earned a
27 master's degree, including eight semester hours of graduate
28 professional education from a recognized institution of
29 higher learning and with two years' teaching experience, it
30 may be endorsed for supervision.
31 Such persons shall be recommended for the special
32 certificate by a recognized institution as having completed
33 an approved program of preparation which includes academic
34 and professional courses approved by the State Superintendent
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1 of Education in consultation with the State Teacher
2 Certification Board.
3 (b) Those persons holding special certificates on July
4 January 1, 1999 shall be eligible for one of the following:
5 (1) The issuance of Standard Elementary and
6 Standard Secondary Certificates with appropriate special
7 certification designations as determined by the State
8 Board of Education, in consultation with the State
9 Teacher Certification Board, and consistent with rules
10 adopted by the State Board of Education. These
11 certificates shall be renewed as provided in subsection
12 (c) of Section 21-2.
13 (2) The issuance of Standard Special K-12
14 Certificates with appropriate special certification
15 designations, which shall be renewed as provided in
16 subsection (c) of Section 21-2. These certificates shall
17 not be eligible for additional certification designations
18 except as approved by the State Board of Education, in
19 consultation with the State Teacher Certification Board.
20 (c) Those persons eligible to receive K-12 certification
21 after July January 1, 1999 shall be issued Initial Elementary
22 and Initial Secondary Certificates with appropriate special
23 certification designations pursuant to this Section or
24 Initial Special K-12 Certificates with appropriate special
25 certification designations pursuant to this Section. These
26 Initial K-12 Special Certificates shall not be eligible for
27 additional certification designations except as approved by
28 the State Board of Education, in consultation with the State
29 Teacher Certification Board.
30 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
31 (105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
32 Sec. 21-5. High school certificate.
33 (a) A high school certificate shall be valid for 4 years
34 for teaching in grades 6 to 12 inclusive of the common
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1 schools. Subject to the provisions of Section 21-1a, it shall
2 be issued to persons who have graduated from a recognized
3 institution of higher learning with a bachelor's degree and
4 with not fewer than 120 semester hours including 16 semester
5 hours in professional education, 5 of which shall be in
6 student teaching under competent and close supervision and
7 with one or more teaching fields. Such persons shall be
8 recommended for the high school certificate by a recognized
9 institution as having completed an approved program of
10 preparation which includes the academic and professional
11 courses approved by the State Superintendent of Education in
12 consultation with the State Teacher Certification Board.
13 (b) Beginning July January 1, 1999, Initial and Standard
14 Secondary Certificates shall be issued to persons who meet
15 all of the criteria established by the State Board of
16 Education for secondary education.
17 (Source: P.A. 90-548, eff. 1-1-98.)
18 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
19 Sec. 21-14. Registration and renewal of certificates.
20 (a) A limited four-year certificate or a certificate
21 issued after July 1, 1955, shall be renewable at its
22 expiration or within 60 days thereafter by the county
23 superintendent of schools having supervision and control over
24 the school where the teacher is teaching upon certified
25 evidence of meeting the requirements for renewal as required
26 by this Act and prescribed by the State Board of Education in
27 consultation with the State Teacher Certification Board. An
28 elementary supervisory certificate shall not be renewed at
29 the end of the first four-year period covered by the
30 certificate unless the holder thereof has filed certified
31 evidence with the State Teacher Certification Board that he
32 has a master's degree or that he has earned 8 semester hours
33 of credit in the field of educational administration and
34 supervision in a recognized institution of higher learning.
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1 The holder shall continue to earn 8 semester hours of credit
2 each four-year period until such time as he has earned a
3 master's degree.
4 All certificates not renewed or registered as herein
5 provided shall lapse after a period of 4 years from the
6 expiration of the last year of registration. Such
7 certificates may be reinstated for a one year period upon
8 payment of all accumulated registration fees. Such
9 reinstated certificates shall only be renewed: (1) by earning
10 5 semester hours of credit in a recognized institution of
11 higher learning in the field of professional education or in
12 courses related to the holder's contractual teaching duties;
13 or (2) by presenting evidence of holding a valid regular
14 certificate of some other type. Any certificate may be
15 voluntarily surrendered by the certificate holder. A
16 voluntarily surrendered certificate shall be treated as a
17 revoked certificate.
18 (b) When those teaching certificates issued before July
19 January 1, 1999 are renewed for the first time after July
20 January 1, 1999, all such teaching certificates shall be
21 exchanged for Standard Teaching Certificates as provided in
22 subsection (c) of Section 21-2. All Initial and Standard
23 Teaching Certificates, including those issued to persons who
24 previously held teaching certificates issued before July
25 January 1, 1999, shall be renewable under the conditions set
26 forth in this subsection (b).
27 Initial Teaching Certificates are nonrenewable and are
28 valid for 4 years of teaching. Standard Teaching
29 Certificates are renewable every 5 years as provided in
30 subsection (c) of Section 21-2.
31 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
32 (105 ILCS 5/27-24.5) (from Ch. 122, par. 27-24.5)
33 Sec. 27-24.5. Submission of claims. Claims for
34 reimbursement under this Act shall be submitted in duplicate
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1 by each district to the State Board prior to October
2 September 1 of each year on such forms and in such manner as
3 shall be prescribed by the State Board. Claims from the
4 1997-1998 school year that are received after September 1,
5 1998 but before October 1, 1998, and only these claims, shall
6 be paid in the same manner as if they were received before
7 September 1, 1998. In addition to the claim form, the
8 district shall report on forms prescribed by the State Board,
9 on an ongoing basis, a list of students by name, birth date
10 and sex, with the date the behind-the-wheel instruction or
11 the classroom instruction or both were completed and with the
12 status of the course completion. Such claim shall list the
13 name and age of each student, excluding each resident of the
14 district over age 55, for whom claim is made who finished
15 the entire course after July 1 of the preceding calendar year
16 and prior to July 1 of the year in which the claim is
17 submitted and the serial number of the driver's license held
18 by the student during the time he was enrolled in the course.
19 Such claim also shall list the name and age of each student,
20 excluding residents of the district over age 55, for whom
21 claim is made for such period for the classroom instruction
22 part only of such course and for the practice driving part of
23 such course.
24 The State shall not reimburse any district for any
25 student who has repeated any part of the course more than
26 once, or who did not hold such a valid license during the
27 period he was a student in the practice driving part of the
28 course, or who did not meet the age requirements of this Act
29 during the period that the student he was instructed a
30 student in any part of the drivers education course; nor
31 shall the State reimburse any district for any resident of
32 the district over age 55.
33 (Source: P.A. 88-9.)
34 (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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1 Sec. 34-3. Chicago School Reform Board of Trustees; new
2 Chicago Board of Education; members; term; vacancies.
3 (a) Within 30 days after the effective date of this
4 amendatory Act of 1995, the terms of all members of the
5 Chicago Board of Education holding office on that date are
6 abolished and the Mayor shall appoint, without the consent or
7 approval of the City Council, a 5 member Chicago School
8 Reform Board of Trustees which shall take office upon the
9 appointment of the fifth member. The Chicago School Reform
10 Board of Trustees and its members shall serve until, and the
11 terms of all members of the Chicago School Reform Board of
12 Trustees shall expire on, June 30, 1999 or upon the
13 appointment of a new Chicago Board of Education as provided
14 in subsection (b), whichever is later. Any vacancy in the
15 membership of the Trustees shall be filled through
16 appointment by the Mayor, without the consent or approval of
17 the City Council, for the unexpired term. One of the members
18 appointed by the Mayor to the Trustees shall be designated by
19 the Mayor to serve as President of the Trustees. The Mayor
20 shall appoint a full-time, compensated chief executive
21 officer, and his or her compensation as such chief executive
22 officer shall be determined by the Mayor. The Mayor, at his
23 or her discretion, may appoint the President to serve
24 simultaneously as the chief executive officer.
25 (b) Within 30 days before the expiration of the terms of
26 the members of the Chicago Reform Board of Trustees as
27 provided in subsection (a), a new Chicago Board of Education
28 consisting of 7 members shall be appointed by the Mayor to
29 take office on the later of July 1, 1999 or the appointment
30 of the seventh member. Three of the members initially so
31 appointed under this subsection shall serve for terms ending
32 June 30, 2002, 4 of the members initially so appointed under
33 this subsection shall serve for terms ending June 30, 2003,
34 and each member initially so appointed shall continue to hold
35 office until his or her successor is appointed and qualified.
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1 Thereafter at the expiration of the term of any member a
2 successor shall be appointed by the Mayor and shall hold
3 office for a term of 4 years, from July 1 of the year in
4 which the term commences and until a successor is appointed
5 and qualified. Any vacancy in the membership of the Chicago
6 Board of Education shall be filled through appointment by the
7 Mayor for the unexpired term. No appointment to membership
8 on the Chicago Board of Education that is made by the Mayor
9 under this subsection shall require the approval of the City
10 Council, whether the appointment is made for a full term or
11 to fill a vacancy for an unexpired term on the Board. The
12 board shall elect annually from its number a president and,
13 vice-president, and secretary, in such manner and at such
14 time as the board determines by its rules. The officers so
15 elected shall each perform the duties imposed upon their
16 respective office by the rules of the board, provided that
17 (i) the president shall preside at meetings of the board and
18 vote as any other member but have no power of veto, and (ii)
19 the vice president shall perform the duties of the president
20 if that office is vacant or the president is absent or unable
21 to act. The secretary of the Board shall be selected by the
22 Board and shall be an employee of the Board rather than a
23 member of the Board, notwithstanding subsection (d) of
24 Section 34-3.3. The duties of the secretary shall be imposed
25 by the rules of the Board.
26 (Source: P.A. 89-15, eff. 5-30-95.)
27 Section 10. The Illinois School Student Records Act is
28 amended by changing Section 4 as follows:
29 (105 ILCS 10/4) (from Ch. 122, par. 50-4)
30 (Text of Section before amendment by P.A. 90-590)
31 Sec. 4. (a) Each school shall designate an official
32 records custodian who is responsible for the maintenance,
33 care and security of all school student records, whether or
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1 not such records are in his personal custody or control.
2 (b) The official records custodian shall take all
3 reasonable measures to prevent unauthorized access to or
4 dissemination of school student records.
5 (c) Information contained in or added to a school
6 student record shall be limited to information which is of
7 clear relevance to the education of the student.
8 (d) Information added to a student temporary record
9 after the effective date of this Act shall include the name,
10 signature and position of the person who has added such
11 information and the date of its entry into the record.
12 (e) Each school shall maintain student permanent records
13 and the information contained therein for not less than 60
14 years after the student has transferred, graduated or
15 otherwise permanently withdrawn from the school.
16 (f) No school shall maintain any student temporary
17 record or the information contained therein beyond its period
18 of usefulness to the student and the school, and in no case
19 longer than 5 years after the student has transferred,
20 graduated or otherwise permanently withdrawn from the school.
21 Notwithstanding the foregoing, a school may maintain
22 indefinitely anonymous information from student temporary
23 records for authorized research, statistical reporting or
24 planning purposes, provided that no student or parent can be
25 individually identified from the information maintained.
26 (g) The principal of each school or the person with like
27 responsibilities or his or her designate shall periodically
28 review each student temporary record for verification of
29 entries and elimination or correction of all inaccurate,
30 misleading, unnecessary or irrelevant information. The State
31 Board shall issue regulations to govern the periodic review
32 of the student temporary records and length of time for
33 maintenance of entries to such records.
34 (h) Before any school student record is destroyed or
35 information deleted therefrom, the parent shall be given
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1 reasonable prior notice at his or her last known address in
2 accordance with regulations adopted by the State Board and an
3 opportunity to copy the record and information proposed to be
4 destroyed or deleted.
5 (i) No school shall be required to separate permanent
6 and temporary school student records of a student not
7 enrolled in such school on or after the effective date of
8 this Act or to destroy any such records, or comply with the
9 provisions of paragraph (g) of this Section with respect to
10 such records, except (1) in accordance with the request of
11 the parent that any or all of such actions be taken in
12 compliance with the provisions of this Act or (2) in
13 accordance with regulations adopted by the State Board.
14 (Source: P.A. 79-1108.)
15 (Text of Section after amendment by P.A. 90-590)
16 Sec. 4. (a) Each school shall designate an official
17 records custodian who is responsible for the maintenance,
18 care and security of all school student records, whether or
19 not such records are in his personal custody or control.
20 (b) The official records custodian shall take all
21 reasonable measures to prevent unauthorized access to or
22 dissemination of school student records.
23 (c) Information contained in or added to a school
24 student record shall be limited to information which is of
25 clear relevance to the education of the student.
26 (d) Information added to a student temporary record
27 after the effective date of this Act shall include the name,
28 signature and position of the person who has added such
29 information and the date of its entry into the record.
30 (e) Each school shall maintain student permanent records
31 and the information contained therein for not less than 60
32 years after the student has transferred, graduated or
33 otherwise permanently withdrawn from the school.
34 (f) Each school shall maintain student temporary records
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1 and the information contained in those records for not less
2 than 5 years after the student has transferred, graduated, or
3 otherwise withdrawn from the school. However, student
4 temporary records shall not be disclosed except as provided
5 in Section 5 or 6 or by court order, notwithstanding the
6 provisions of Section 6. A school may maintain indefinitely
7 anonymous information from student temporary records for
8 authorized research, statistical reporting or planning
9 purposes, provided that no student or parent can be
10 individually identified from the information maintained.
11 (g) The principal of each school or the person with like
12 responsibilities or his or her designate shall periodically
13 review each student temporary record for verification of
14 entries and elimination or correction of all inaccurate,
15 misleading, unnecessary or irrelevant information. The State
16 Board shall issue regulations to govern the periodic review
17 of the student temporary records and length of time for
18 maintenance of entries to such records.
19 (h) Before any school student record is destroyed or
20 information deleted therefrom, the parent shall be given
21 reasonable prior notice at his or her last known address in
22 accordance with regulations adopted by the State Board and an
23 opportunity to copy the record and information proposed to be
24 destroyed or deleted.
25 (i) No school shall be required to separate permanent
26 and temporary school student records of a student not
27 enrolled in such school on or after the effective date of
28 this Act or to destroy any such records, or comply with the
29 provisions of paragraph (g) of this Section with respect to
30 such records, except (1) in accordance with the request of
31 the parent that any or all of such actions be taken in
32 compliance with the provisions of this Act or (2) in
33 accordance with regulations adopted by the State Board.
34 (Source: P.A. 90-590, eff. 1-1-00.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law, except that the provisions changing Section 4
10 of the Illinois School Student Records Act take effect
11 January 1, 1999.".
12 Submitted on , 1998.
13 ______________________________ _____________________________
14 Senator O'Malley Representative Phelps
15 ______________________________ _____________________________
16 Senator Watson Representative Woolard
17 ______________________________ _____________________________
18 Senator Karpiel Representative Currie
19 ______________________________ _____________________________
20 Senator Berman Representative Stephens
21 ______________________________ _____________________________
22 Senator Halvorson Representative Cowlishaw
23 Committee for the Senate Committee for the House