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90_SB0566
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 5/18-8 from Ch. 122, par. 18-8
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 2 days with respect to the
1998-1999 school year, by an additional 3 days for each of
the succeeding 7 years, and by an additional 2 days for the
eighth year.
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1 AN ACT to amend the School Code by changing Sections
2 10-19, 10-19.1, 18-8, 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, 18-8, 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, except that 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, 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 187 days 178 days
24 1999-2000 190 days 181 days
25 2000-2001 193 days 184 days
26 2001-2002 196 days 187 days
27 2002-2003 199 days 190 days
28 2003-2004 202 days 193 days
29 2004-2005 205 days 196 days
30 2005-2006 207 days 198 days
31 2006-2007 and
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1 each subsequent
2 school year 209 days 200 days
3 Notwithstanding any other provisions of this Section, no
4 school board shall be required to provide in any school year
5 a minimum term for a minimum number of days of actual pupil
6 attendance that exceeds the minimum term for the minimum
7 number of days of actual pupil attendance required for the
8 1997-1998 school year, unless the General Assembly, by a
9 separate appropriation made for purposes of this Section,
10 shall appropriate an amount sufficient to reimburse on a
11 current basis each school district for the additional costs
12 each such district will incur for that school year in
13 providing a minimum term for a minimum number of days of
14 actual pupil attendance that exceeds the minimum term for the
15 minimum number of days of actual pupil attendance required
16 for the 1997-1998 school year. The State Board of Education
17 shall certify to each school district prior to the start of
18 the 1998-1999 and each subsequent school year whether the
19 General Assembly has made the appropriation required by this
20 Section to be made in order for school districts to be
21 required to implement an increased minimum term for that
22 school year in accordance with the minimum term schedule
23 prescribed by this amendatory Act of 1997. the 1980-1981
24 school year only 175 days of actual pupil attendance shall be
25 required because of the closing of schools pursuant to
26 Section 24-2 on January 29, 1981 upon the appointment by the
27 President of that day as a day of thanksgiving for the
28 freedom of the Americans who had been held hostage in Iran.
29 Any days allowed by law for teachers' institute but not
30 used as such or used as parental institutes as provided in
31 Section 10-22.18d shall increase the minimum term by the
32 school days not so used. Except as provided in Section
33 10-19.1, the board may not extend the school term beyond such
34 closing date unless that extension of term is necessary to
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1 provide the minimum number of computable days. In case of
2 such necessary extension school employees shall be paid for
3 such additional time on the basis of their regular contracts.
4 A school board may specify a closing date earlier than that
5 set on the annual calendar when the schools of the district
6 have provided the minimum number of computable days under
7 this Section. Nothing in this Section prevents the board from
8 employing superintendents of schools, principals and other
9 nonteaching personnel for a period of 12 months, or in the
10 case of superintendents for a period in accordance with
11 Section 10-23.8, or prevents the board from employing other
12 personnel before or after the regular school term with
13 payment of salary proportionate to that received for
14 comparable work during the school term.
15 A school board may make such changes in its calendar for
16 the school term as may be required by any changes in the
17 legal school holidays prescribed in Section 24-2. A school
18 board may make changes in its calendar for the school term as
19 may be necessary to reflect the utilization of teachers'
20 institute days as parental institute days as provided in
21 Section 10-22.18d.
22 With the prior approval of the State Board of Education
23 and subject to review by the State Board of Education every 3
24 years, any school board may, by resolution of its board and
25 in agreement with affected exclusive collective bargaining
26 agents, establish experimental educational programs,
27 including but not limited to programs for self-directed
28 learning or outside of formal class periods, which programs
29 when so approved shall be considered to comply with the
30 requirements of this Section as respects numbers of days of
31 actual pupil attendance and with the other requirements of
32 this Act as respects courses of instruction.
33 (Source: P.A. 86-1250; 87-183.)
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1 (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
2 Sec. 10-19.1. Full year school plan. Any school district
3 may, by resolution of its board, operate one or more schools
4 within the district on a full year school plan approved by
5 the State Board of Education. Any board which operates under
6 this Section shall devise a plan so that a student's required
7 attendance in school during a 12 month period shall be for
8 not less than the a minimum number of days term of 180 days
9 of actual pupil attendance required by Section 10-19 for the
10 school year during which that 12 month period commences, plus
11 including not more than 4 institute days; provided, however,
12 that during that a 12 month period a student's required
13 attendance in school, but shall not exceed, nor shall any
14 teacher be required to teach more than, the number of days
15 that is equal to the minimum term required to be provided by
16 Section 10-19 for the school year during which that 12 month
17 period commences 185 days. Under such plan, no teacher shall
18 be required to teach more than 185 days. A calendar of 180
19 days may be established with the approval of the State Board
20 of Education.
21 (Source: P.A. 81-1508.)
22 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
23 Sec. 18-8. Basis for apportionment to districts,
24 laboratory schools and alternative schools.
25 A. The amounts to be apportioned shall be determined for
26 each educational service region by school districts, as
27 follows:
28 1. General Provisions.
29 (a) In the computation of the amounts to be apportioned,
30 the average daily attendance of all pupils in grades 9
31 through 12 shall be multiplied by 1.25. The average daily
32 attendance of all pupils in grades 7 and 8 shall be
33 multiplied by 1.05.
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1 (b) The actual number of pupils in average daily
2 attendance shall be computed in a one-teacher school district
3 by dividing the total aggregate days of pupil attendance by
4 the actual number of days school is in session but not more
5 than 30 such pupils shall be accredited for such type of
6 district; and in districts of 2 or more teachers, or in
7 districts where records of attendance are kept by session
8 teachers, by taking the sum of the respective averages of the
9 units composing the group.
10 (c) Pupils in average daily attendance shall be computed
11 upon the average of the best 3 months of pupils attendance of
12 the current school year except as district claims may be
13 later amended as provided hereinafter in this Section.
14 However, for any school district maintaining grades
15 kindergarten through 12, the "average daily attendance" shall
16 be computed on the average of the best 3 months of pupils
17 attendance of the current year in grades kindergarten through
18 8, added together with the average of the best 3 months of
19 pupils attendance of the current year in grades 9 through 12,
20 except as district claims may be later amended as provided in
21 this Section. Days of attendance shall be kept by regular
22 calendar months, except any days of attendance in July and
23 August shall be added to the month of September and any days
24 of attendance in June shall be added to the month of May.
25 Except as otherwise provided in this Section, days of
26 attendance by pupils shall be counted only for sessions of
27 not less than 5 clock hours of school work per day under
28 direct supervision of: (i) teachers, or (ii) non-teaching
29 personnel or volunteer personnel when engaging in
30 non-teaching duties and supervising in those instances
31 specified in subsection (a) of Section 10-22.34 and paragraph
32 10 of Section 34-18, with pupils of legal school age and in
33 kindergarten and grades 1 through 12.
34 (d) Pupils regularly enrolled in a public school for
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1 only a part of the school day may be counted on the basis of
2 1/6 day for every class hour of instruction of 40 minutes or
3 more attended pursuant to such enrollment.
4 (e) Days of attendance may be less than 5 clock hours on
5 the opening and closing of the school term, and upon the
6 first day of pupil attendance, if preceded by a day or days
7 utilized as an institute or teachers' workshop.
8 (f) A session of 4 or more clock hours may be counted as
9 a day of attendance upon certification by the regional
10 superintendent, and approved by the State Superintendent of
11 Education to the extent that the district has been forced to
12 use daily multiple sessions.
13 (g) A session of 3 or more clock hours may be counted as
14 a day of attendance (1) when the remainder of the school day
15 or at least 2 hours in the evening of that day is utilized
16 for an in-service training program for teachers, up to a
17 maximum of 5 days per school year of which a maximum of 4
18 days of such 5 days may be used for parent-teacher
19 conferences, provided a district conducts an in-service
20 training program for teachers which has been approved by the
21 State Superintendent of Education; or, in lieu of 4 such
22 days, 2 full days may be used, in which event each such day
23 may be counted as a day of attendance; and (2) when days in
24 addition to those provided in item (1) are scheduled by a
25 school pursuant to its school improvement plan adopted under
26 Article 34 or its revised or amended school improvement plan
27 adopted under Article 2, provided that (i) such sessions of 3
28 or more clock hours are scheduled to occur at regular
29 intervals, (ii) the remainder of the school days in which
30 such sessions occur are utilized for in-service training
31 programs or other staff development activities for teachers,
32 and (iii) a sufficient number of minutes of school work under
33 the direct supervision of teachers are added to the school
34 days between such regularly scheduled sessions to accumulate
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1 not less than the number of minutes by which such sessions of
2 3 or more clock hours fall short of 5 clock hours. Any full
3 days used for the purposes of this paragraph shall not be
4 considered for computing average daily attendance. Days
5 scheduled for in-service training programs, staff development
6 activities, or parent-teacher conferences may be scheduled
7 separately for different grade levels and different
8 attendance centers of the district.
9 (h) A session of not less than one clock hour teaching
10 of hospitalized or homebound pupils on-site or by telephone
11 to the classroom may be counted as 1/2 day of attendance,
12 however these pupils must receive 4 or more clock hours of
13 instruction to be counted for a full day of attendance.
14 (i) A session of at least 4 clock hours may be counted
15 as a day of attendance for first grade pupils, and pupils in
16 full day kindergartens, and a session of 2 or more hours may
17 be counted as 1/2 day of attendance by pupils in
18 kindergartens which provide only 1/2 day of attendance.
19 (j) For children with disabilities who are below the age
20 of 6 years and who cannot attend two or more clock hours
21 because of their disability or immaturity, a session of not
22 less than one clock hour may be counted as 1/2 day of
23 attendance; however for such children whose educational needs
24 so require a session of 4 or more clock hours may be counted
25 as a full day of attendance.
26 (k) A recognized kindergarten which provides for only
27 1/2 day of attendance by each pupil shall not have more than
28 1/2 day of attendance counted in any 1 day. However,
29 kindergartens may count 2 1/2 days of attendance in any 5
30 consecutive school days. Where a pupil attends such a
31 kindergarten for 2 half days on any one school day, such
32 pupil shall have the following day as a day absent from
33 school, unless the school district obtains permission in
34 writing from the State Superintendent of Education.
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1 Attendance at kindergartens which provide for a full day of
2 attendance by each pupil shall be counted the same as
3 attendance by first grade pupils. Only the first year of
4 attendance in one kindergarten shall be counted except in
5 case of children who entered the kindergarten in their fifth
6 year whose educational development requires a second year of
7 kindergarten as determined under the rules and regulations of
8 the State Board of Education.
9 (l) Days of attendance by tuition pupils shall be
10 accredited only to the districts that pay the tuition to a
11 recognized school.
12 (m) The greater of the immediately preceding year's
13 weighted average daily attendance or the average of the
14 weighted average daily attendance of the immediately
15 preceding year and the previous 2 years shall be used.
16 For any school year beginning July 1, 1986 or thereafter,
17 if the weighted average daily attendance in either grades
18 kindergarten through 8 or grades 9 through 12 of a district
19 as computed for the first calendar month of the current
20 school year exceeds by more than 5%, but not less than 25
21 pupils, the district's weighted average daily attendance for
22 the first calendar month of the immediately preceding year
23 in, respectively, grades kindergarten through 8 or grades 9
24 through 12, a supplementary payment shall be made to the
25 district equal to the difference in the amount of aid the
26 district would be paid under this Section using the weighted
27 average daily attendance in the district as computed for the
28 first calendar month of the current school year and the
29 amount of aid the district would be paid using the weighted
30 average daily attendance in the district for the first
31 calendar month of the immediately preceding year. Such
32 supplementary State aid payment shall be paid to the district
33 as provided in Section 18-8.4 and shall be treated as
34 separate from all other payments made pursuant to this
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1 Section 18-8.
2 (n) The number of low income eligible pupils in a
3 district shall result in an increase in the weighted average
4 daily attendance calculated as follows: The number of low
5 income pupils shall increase the weighted ADA by .53 for each
6 student adjusted by dividing the percent of low income
7 eligible pupils in the district by the ratio of eligible low
8 income pupils in the State to the best 3 months' weighted
9 average daily attendance in the State. In no case may the
10 adjustment under this paragraph result in a greater weighting
11 than .625 for each eligible low income student. The number
12 of low income eligible pupils in a district shall be the
13 low-income eligible count from the most recently available
14 federal census and the weighted average daily attendance
15 shall be calculated in accordance with the other provisions
16 of this paragraph.
17 (o) Any school district which fails for any given school
18 year to maintain school as required by law, or to maintain a
19 recognized school is not eligible to file for such school
20 year any claim upon the common school fund. In case of
21 nonrecognition of one or more attendance centers in a school
22 district otherwise operating recognized schools, the claim of
23 the district shall be reduced in the proportion which the
24 average daily attendance in the attendance center or centers
25 bear to the average daily attendance in the school district.
26 A "recognized school" means any public school which meets the
27 standards as established for recognition by the State Board
28 of Education. A school district or attendance center not
29 having recognition status at the end of a school term is
30 entitled to receive State aid payments due upon a legal claim
31 which was filed while it was recognized.
32 (p) School district claims filed under this Section are
33 subject to Sections 18-9, 18-10 and 18-12, except as herein
34 otherwise provided.
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1 (q) The State Board of Education shall secure from the
2 Department of Revenue the value as equalized or assessed by
3 the Department of Revenue of all taxable property of every
4 school district together with the applicable tax rate used in
5 extending taxes for the funds of the district as of September
6 30 of the previous year. The Department of Revenue shall add
7 to the equalized assessed value of all taxable property of
8 each school district situated entirely or partially within a
9 county with 2,000,000 or more inhabitants an amount equal to
10 the total amount by which the homestead exemptions allowed
11 under Sections 15-170 and 15-175 of the Property Tax Code for
12 real property situated in that school district exceeds the
13 total amount that would have been allowed in that school
14 district as homestead exemptions under those Sections if the
15 maximum reduction under Section 15-170 of the Property Tax
16 Code was $2,000 and the maximum reduction under Section
17 15-175 of the Property Tax Code was $3,500. The county clerk
18 of any county with 2,000,000 or more inhabitants shall
19 annually calculate and certify to the Department for each
20 school district all homestead exemption amounts required by
21 this amendatory Act of 1992. In a new district which has not
22 had any tax rates yet determined for extension of taxes, a
23 leveled uniform rate shall be computed from the latest amount
24 of the fund taxes extended on the several areas within such
25 new district.
26 (r) If a school district operates a full year school
27 under Section 10-19.1, the general state aid to the school
28 district shall be determined by the State Board of Education
29 in accordance with this Section as near as may be applicable.
30 2. New or recomputed claim. The general State aid
31 entitlement for a newly created school district or a district
32 which has annexed an entire school district shall be computed
33 using attendance, compensatory pupil counts, equalized
34 assessed valuation, and tax rate data which would have been
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1 used had the district been in existence for 3 years. General
2 State aid entitlements shall not be recomputed except as
3 permitted herein.
4 3. Impaction. Impaction payments shall be made as
5 provided for in Section 18-4.2.
6 4. Summer school. Summer school payments shall be made
7 as provided in Section 18-4.3.
8 5. Computation of State aid. The State grant shall be
9 determined as follows:
10 (a) The State shall guarantee the amount of money that a
11 district's operating tax rate as limited in other Sections of
12 this Act would produce if every district maintaining grades
13 kindergarten through 12 had an equalized assessed valuation
14 equal to $74,791 per weighted ADA pupil; every district
15 maintaining grades kindergarten through 8 had an equalized
16 assessed valuation of $108,644 per weighted ADA pupil; and
17 every district maintaining grades 9 through 12 had an
18 equalized assessed valuation of $187,657 per weighted ADA
19 pupil. The State Board of Education shall adjust the
20 equalized assessed valuation amounts stated in this
21 paragraph, if necessary, to conform to the amount of the
22 appropriation approved for any fiscal year.
23 (b) The operating tax rate to be used shall consist of
24 all district taxes extended for all purposes except community
25 college educational purposes for the payment of tuition under
26 Section 6-1 of the Public Community College Act, Bond and
27 Interest, Summer School, Rent, Capital Improvement and
28 Vocational Education Building. Any district may elect to
29 exclude Transportation from the calculation of its operating
30 tax rate. Districts may include taxes extended for the
31 payment of principal and interest on bonds issued under the
32 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
33 per year for each purpose or the actual rate extended,
34 whichever is less.
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1 (c) For calculation of aid under this Act a district
2 shall use the combined authorized tax rates of all funds not
3 exempt in (b) above, not to exceed 2.76% of the value of all
4 its taxable property as equalized or assessed by the
5 Department of Revenue for districts maintaining grades
6 kindergarten through 12; 1.90% of the value of all its
7 taxable property as equalized or assessed by the Department
8 of Revenue for districts maintaining grades kindergarten
9 through 8 only; 1.10% of the value of all its taxable
10 property as equalized or assessed by the Department of
11 Revenue for districts maintaining grades 9 through 12 only.
12 A district may, however, as provided in Article 17, increase
13 its operating tax rate above the maximum rate provided in
14 this subsection without affecting the amount of State aid to
15 which it is entitled under this Act.
16 (d) (1) For districts maintaining grades kindergarten
17 through 12 with an operating tax rate as described in
18 subsections 5(b) and (c) of less than 2.18%, and districts
19 maintaining grades kindergarten through 8 with an operating
20 tax rate of less than 1.28%, State aid shall be computed by
21 multiplying the difference between the guaranteed equalized
22 assessed valuation per weighted ADA pupil in subsection 5(a)
23 and the equalized assessed valuation per weighted ADA pupil
24 in the district by the operating tax rate, multiplied by the
25 weighted average daily attendance of the district; provided,
26 however, that for the 1989-1990 school year only, a school
27 district maintaining grades kindergarten through 8 whose
28 operating tax rate with reference to which its general State
29 aid for the 1989-1990 school year is determined is less than
30 1.28% and more than 1.090%, and which had an operating tax
31 rate of 1.28% or more for the previous year, shall have its
32 general State aid computed according to the provisions of
33 subsection 5(d)(2).
34 (2) For districts maintaining grades kindergarten
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1 through 12 with an operating tax rate as described in
2 subsection 5(b) and (c) of 2.18% and above, the State aid
3 shall be computed as provided in subsection (d) (1) but as
4 though the district had an operating tax rate of 2.76%; in
5 K-8 districts with an operating tax rate of 1.28% and above,
6 the State aid shall be computed as provided in subsection (d)
7 (1) but as though the district had an operating tax rate of
8 1.90%; and in 9-12 districts, the State aid shall be computed
9 by multiplying the difference between the guaranteed
10 equalized assessed valuation per weighted average daily
11 attendance pupil in subsection 5(a) and the equalized
12 assessed valuation per weighted average daily attendance
13 pupil in the district by the operating tax rate, not to
14 exceed 1.10%, multiplied by the weighted average daily
15 attendance of the district. State aid computed under the
16 provisions of this subsection (d) (2) shall be treated as
17 separate from all other payments made pursuant to this
18 Section. The State Comptroller and State Treasurer shall
19 transfer from the General Revenue Fund to the Common School
20 Fund the amounts necessary to permit these claims to be paid
21 in equal installments along with other State aid payments
22 remaining to be made for the 1983-1984 school year under this
23 Section.
24 (3) For any school district whose 1995 equalized
25 assessed valuation is at least 6% less than its 1994
26 equalized assessed valuation as the result of a reduction in
27 the equalized assessed valuation of the taxable property
28 within such district of any one taxpayer whose taxable
29 property within the district has a 1994 equalized assessed
30 valuation constituting at least 20% of the 1994 equalized
31 assessed valuation of all taxable property within the
32 district, the 1996-97 State aid of such district shall be
33 computed using its 1995 equalized assessed valuation.
34 (4) For any school district whose 1988 equalized
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1 assessed valuation is 55% or less of its 1981 equalized
2 assessed valuation, the 1990-91 State aid of such district
3 shall be computed by multiplying the 1988 equalized assessed
4 valuation by a factor of .8. Any such school district which
5 is reorganized effective for the 1991-92 school year shall
6 use the formula provided in this subparagraph for purposes of
7 the calculation made pursuant to subsection (m) of this
8 Section.
9 (e) The amount of State aid shall be computed under the
10 provisions of subsections 5(a) through 5(d) provided the
11 equalized assessed valuation per weighted ADA pupil is less
12 than .87 of the amounts in subsection 5(a). If the equalized
13 assessed valuation per weighted ADA pupil is equal to or
14 greater than .87 of the amounts in subsection 5(a), the State
15 aid shall be computed under the provisions of subsection
16 5(f).
17 (f) If the equalized assessed valuation per weighted ADA
18 pupil is equal to or greater than .87 of the amounts in
19 subsection 5(a), the State aid per weighted ADA pupil shall
20 be computed by multiplying the product of .13 times the
21 maximum per pupil amount computed under the provisions of
22 subsections 5(a) through 5(d) by an amount equal to the
23 quotient of .87 times the equalized assessed valuation per
24 weighted ADA pupil in subsection 5(a) for that type of
25 district divided by the district equalized valuation per
26 weighted ADA pupil except in no case shall the district
27 receive State aid per weighted ADA pupil of less than .07
28 times the maximum per pupil amount computed under the
29 provisions of subsections 5(a) through 5(d).
30 (g) In addition to the above grants, summer school
31 grants shall be made based upon the calculation as provided
32 in subsection 4 of this Section.
33 (h) The board of any district receiving any of the
34 grants provided for in this Section may apply those funds to
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1 any fund so received for which that board is authorized to
2 make expenditures by law.
3 (i) (1) (a) In school districts with an average daily
4 attendance of 50,000 or more, the amount which is provided
5 under subsection 1(n) of this Section by the application of a
6 base Chapter 1 weighting factor of .375 shall be distributed
7 to the attendance centers within the district in proportion
8 to the number of pupils enrolled at each attendance center
9 who are eligible to receive free or reduced-price lunches or
10 breakfasts under the federal Child Nutrition Act of 1966 and
11 under the National School Lunch Act during the immediately
12 preceding school year. The amount of State aid provided
13 under subsection 1(n) of this Section by the application of
14 the Chapter 1 weighting factor in excess of .375 shall be
15 distributed to the attendance centers within the district in
16 proportion to the total enrollment at each attendance center.
17 Beginning with school year 1989-90, and each school year
18 thereafter, all funds provided under subsection 1 (n) of this
19 Section by the application of the Chapter 1 weighting factor
20 which are in excess of the level of non-targeted Chapter 1
21 funds in school year 1988-89 shall be distributed to
22 attendance centers, and only to attendance centers, within
23 the district in proportion to the number of pupils enrolled
24 at each attendance center who are eligible to receive free or
25 reduced price lunches or breakfasts under the Federal Child
26 Nutrition Act and under the National School Lunch Act during
27 the immediately preceding school year. Beginning in school
28 year 1989-90, 25% of the previously non-targeted Chapter 1
29 funds as established for school year 1988-89 shall also be
30 distributed to the attendance centers, and only to attendance
31 centers, in the district in proportion to the number of
32 pupils enrolled at each attendance center who are eligible to
33 receive free or reduced price lunches or breakfasts under the
34 Federal Child Nutrition Act and under the National School
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1 Lunch Act during the immediately preceding school year; in
2 school year 1990-91, 50% of the previously non-targeted
3 Chapter 1 funds as established for school year 1988-89 shall
4 be distributed to attendance centers, and only to attendance
5 centers, in the district in proportion to the number of
6 pupils enrolled at each attendance center who are eligible to
7 receive such free or reduced price lunches or breakfasts
8 during the immediately preceding school year; in school year
9 1991-92, 75% of the previously non-targeted Chapter 1 funds
10 as established for school year 1988-89 shall be distributed
11 to attendance centers, and only to attendance centers, in the
12 district in proportion to the number of pupils enrolled at
13 each attendance center who are eligible to receive such free
14 or reduced price lunches or breakfasts during the immediately
15 preceding school year; in school year 1992-93 and thereafter,
16 all funds provided under subsection 1 (n) of this Section by
17 the application of the Chapter 1 weighting factor shall be
18 distributed to attendance centers, and only to attendance
19 centers, in the district in proportion to the number of
20 pupils enrolled at each attendance center who are eligible to
21 receive free or reduced price lunches or breakfasts under the
22 Federal Child Nutrition Act and under the National School
23 Lunch Act during the immediately preceding school year;
24 provided, however, that the distribution formula in effect
25 beginning with school year 1989-90 shall not be applicable to
26 such portion of State aid provided under subsection 1 (n) of
27 this Section by the application of the Chapter 1 weighting
28 formula as is set aside and appropriated by the school
29 district for the purpose of providing desegregation programs
30 and related transportation to students (which portion shall
31 not exceed 5% of the total amount of State aid which is
32 provided under subsection 1 (n) of this Section by
33 application of the Chapter 1 weighting formula), and the
34 relevant percentages shall be applied to the remaining
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1 portion of such State aid. The distribution of these
2 portions of general State aid among attendance centers
3 according to these requirements shall not be compensated for
4 or contravened by adjustments of the total of other funds
5 appropriated to any attendance centers. (b) The Board of
6 Education shall utilize funding from one or several sources
7 in order to fully implement this provision annually prior to
8 the opening of school. The Board of Education shall apply
9 savings from reduced administrative costs required under
10 Section 34-43.1 and growth in non-Chapter 1 State and local
11 funds to assure that all attendance centers receive funding
12 to replace losses due to redistribution of Chapter 1 funding.
13 The distribution formula and funding to replace losses due to
14 the distribution formula shall occur, in full, using any and
15 all sources available, including, if necessary, revenue from
16 administrative reductions beyond those required in Section
17 34-43.1, in order to provide the necessary funds. (c) Each
18 attendance center shall be provided by the school district a
19 distribution of noncategorical funds and other categorical
20 funds to which an attendance center is entitled under law in
21 order that the State aid provided by application of the
22 Chapter 1 weighting factor and required to be distributed
23 among attendance centers according to the requirements of
24 this paragraph supplements rather than supplants the
25 noncategorical funds and other categorical funds provided by
26 the school district to the attendance centers.
27 Notwithstanding the foregoing provisions of this subsection
28 5(i)(1) or any other law to the contrary, beginning with the
29 1995-1996 school year and for each school year thereafter,
30 the board of a school district to which the provisions of
31 this subsection apply shall be required to allocate or
32 provide to attendance centers of the district in any such
33 school year, from the State aid provided for the district
34 under this Section by application of the Chapter 1 weighting
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1 factor, an aggregate amount of not less than $261,000,000 of
2 State Chapter 1 funds. Any State Chapter 1 funds that by
3 reason of the provisions of this paragraph are not required
4 to be allocated and provided to attendance centers may be
5 used and appropriated by the board of the district for any
6 lawful school purpose. Chapter 1 funds received by an
7 attendance center (except those funds set aside for
8 desegregation programs and related transportation to
9 students) shall be used on the schedule cited in this Section
10 at the attendance center at the discretion of the principal
11 and local school council for programs to improve educational
12 opportunities at qualifying schools through the following
13 programs and services: early childhood education, reduced
14 class size or improved adult to student classroom ratio,
15 enrichment programs, remedial assistance, attendance
16 improvement and other educationally beneficial expenditures
17 which supplement the regular and basic programs as determined
18 by the State Board of Education. Chapter 1 funds shall not
19 be expended for any political or lobbying purposes as defined
20 by board rule. (d) Each district subject to the provisions of
21 this paragraph shall submit an acceptable plan to meet the
22 educational needs of disadvantaged children, in compliance
23 with the requirements of this paragraph, to the State Board
24 of Education prior to July 15 of each year. This plan shall
25 be consistent with the decisions of local school councils
26 concerning the school expenditure plans developed in
27 accordance with part 4 of Section 34-2.3. The State Board
28 shall approve or reject the plan within 60 days after its
29 submission. If the plan is rejected the district shall give
30 written notice of intent to modify the plan within 15 days of
31 the notification of rejection and then submit a modified plan
32 within 30 days after the date of the written notice of intent
33 to modify. Districts may amend approved plans pursuant to
34 rules promulgated by the State Board of Education.
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1 Upon notification by the State Board of Education that
2 the district has not submitted a plan prior to July 15 or a
3 modified plan within the time period specified herein, the
4 State aid funds affected by said plan or modified plan shall
5 be withheld by the State Board of Education until a plan or
6 modified plan is submitted.
7 If the district fails to distribute State aid to
8 attendance centers in accordance with an approved plan, the
9 plan for the following year shall allocate funds, in addition
10 to the funds otherwise required by this subparagraph, to
11 those attendance centers which were underfunded during the
12 previous year in amounts equal to such underfunding.
13 For purposes of determining compliance with this
14 subsection in relation to Chapter 1 expenditures, each
15 district subject to the provisions of this subsection shall
16 submit as a separate document by December 1 of each year a
17 report of Chapter 1 expenditure data for the prior year in
18 addition to any modification of its current plan. If it is
19 determined that there has been a failure to comply with the
20 expenditure provisions of this subsection regarding
21 contravention or supplanting, the State Superintendent of
22 Education shall, within 60 days of receipt of the report,
23 notify the district and any affected local school council.
24 The district shall within 45 days of receipt of that
25 notification inform the State Superintendent of Education of
26 the remedial or corrective action to be taken, whether by
27 amendment of the current plan, if feasible, or by adjustment
28 in the plan for the following year. Failure to provide the
29 expenditure report or the notification of remedial or
30 corrective action in a timely manner shall result in a
31 withholding of the affected funds.
32 The State Board of Education shall promulgate rules and
33 regulations to implement the provisions of this subsection
34 5(i)(1). No funds shall be released under subsection 1(n) of
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1 this Section or under this subsection 5(i)(1) to any district
2 which has not submitted a plan which has been approved by the
3 State Board of Education.
4 (2) School districts with an average daily attendance of
5 more than 1,000 and less than 50,000 and having a low income
6 pupil weighting factor in excess of .53 shall submit a plan
7 to the State Board of Education prior to October 30 of each
8 year for the use of the funds resulting from the application
9 of subsection 1(n) of this Section for the improvement of
10 instruction in which priority is given to meeting the
11 education needs of disadvantaged children. Such plan shall
12 be submitted in accordance with rules and regulations
13 promulgated by the State Board of Education.
14 (j) For the purposes of calculating State aid under this
15 Section, with respect to any part of a school district within
16 a redevelopment project area in respect to which a
17 municipality has adopted tax increment allocation financing
18 pursuant to the Tax Increment Allocation Redevelopment Act,
19 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
20 Municipal Code or the Industrial Jobs Recovery Law, Sections
21 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
22 no part of the current equalized assessed valuation of real
23 property located in any such project area which is
24 attributable to an increase above the total initial equalized
25 assessed valuation of such property shall be used in
26 computing the equalized assessed valuation per weighted ADA
27 pupil in the district, until such time as all redevelopment
28 project costs have been paid, as provided in Section
29 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
30 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
31 For the purpose of computing the equalized assessed valuation
32 per weighted ADA pupil in the district the total initial
33 equalized assessed valuation or the current equalized
34 assessed valuation, whichever is lower, shall be used until
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1 such time as all redevelopment project costs have been paid.
2 (k) For a school district operating under the financial
3 supervision of an Authority created under Article 34A, the
4 State aid otherwise payable to that district under this
5 Section, other than State aid attributable to Chapter 1
6 students, shall be reduced by an amount equal to the budget
7 for the operations of the Authority as certified by the
8 Authority to the State Board of Education, and an amount
9 equal to such reduction shall be paid to the Authority
10 created for such district for its operating expenses in the
11 manner provided in Section 18-11. The remainder of State
12 school aid for any such district shall be paid in accordance
13 with Article 34A when that Article provides for a disposition
14 other than that provided by this Article.
15 (l) For purposes of calculating State aid under this
16 Section, the equalized assessed valuation for a school
17 district used to compute State aid shall be determined by
18 adding to the real property equalized assessed valuation for
19 the district an amount computed by dividing the amount of
20 money received by the district under the provisions of "An
21 Act in relation to the abolition of ad valorem personal
22 property tax and the replacement of revenues lost thereby",
23 certified August 14, 1979, by the total tax rate for the
24 district. For purposes of this subsection 1976 tax rates
25 shall be used for school districts in the county of Cook and
26 1977 tax rates shall be used for school districts in all
27 other counties.
28 (m) (1) For a new school district formed by combining
29 property included totally within 2 or more previously
30 existing school districts, for its first year of existence or
31 if the new district was formed after October 31, 1982 and
32 prior to September 23, 1985, for the year immediately
33 following September 23, 1985, the State aid calculated under
34 this Section shall be computed for the new district and for
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1 the previously existing districts for which property is
2 totally included within the new district. If the computation
3 on the basis of the previously existing districts is greater,
4 a supplementary payment equal to the difference shall be made
5 for the first 3 years of existence of the new district or if
6 the new district was formed after October 31, 1982 and prior
7 to September 23, 1985, for the 3 years immediately following
8 September 23, 1985.
9 (2) For a school district which annexes all of the
10 territory of one or more entire other school districts, for
11 the first year during which the change of boundaries
12 attributable to such annexation becomes effective for all
13 purposes as determined under Section 7-9 or 7A-8, the State
14 aid calculated under this Section shall be computed for the
15 annexing district as constituted after the annexation and for
16 the annexing and each annexed district as constituted prior
17 to the annexation; and if the computation on the basis of the
18 annexing and annexed districts as constituted prior to the
19 annexation is greater, a supplementary payment equal to the
20 difference shall be made for the first 3 years of existence
21 of the annexing school district as constituted upon such
22 annexation.
23 (3) For 2 or more school districts which annex all of
24 the territory of one or more entire other school districts,
25 and for 2 or more community unit districts which result upon
26 the division (pursuant to petition under Section 11A-2) of
27 one or more other unit school districts into 2 or more parts
28 and which together include all of the parts into which such
29 other unit school district or districts are so divided, for
30 the first year during which the change of boundaries
31 attributable to such annexation or division becomes effective
32 for all purposes as determined under Section 7-9 or 11A-10,
33 as the case may be, the State aid calculated under this
34 Section shall be computed for each annexing or resulting
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1 district as constituted after the annexation or division and
2 for each annexing and annexed district, or for each resulting
3 and divided district, as constituted prior to the annexation
4 or division; and if the aggregate of the State aid as so
5 computed for the annexing or resulting districts as
6 constituted after the annexation or division is less than the
7 aggregate of the State aid as so computed for the annexing
8 and annexed districts, or for the resulting and divided
9 districts, as constituted prior to the annexation or
10 division, then a supplementary payment equal to the
11 difference shall be made and allocated between or among the
12 annexing or resulting districts, as constituted upon such
13 annexation or division, for the first 3 years of their
14 existence. The total difference payment shall be allocated
15 between or among the annexing or resulting districts in the
16 same ratio as the pupil enrollment from that portion of the
17 annexed or divided district or districts which is annexed to
18 or included in each such annexing or resulting district bears
19 to the total pupil enrollment from the entire annexed or
20 divided district or districts, as such pupil enrollment is
21 determined for the school year last ending prior to the date
22 when the change of boundaries attributable to the annexation
23 or division becomes effective for all purposes. The amount
24 of the total difference payment and the amount thereof to be
25 allocated to the annexing or resulting districts shall be
26 computed by the State Board of Education on the basis of
27 pupil enrollment and other data which shall be certified to
28 the State Board of Education, on forms which it shall provide
29 for that purpose, by the regional superintendent of schools
30 for each educational service region in which the annexing and
31 annexed districts, or resulting and divided districts are
32 located.
33 (4) If a unit school district annexes all the territory
34 of another unit school district effective for all purposes
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1 pursuant to Section 7-9 on July 1, 1988, and if part of the
2 annexed territory is detached within 90 days after July 1,
3 1988, then the detachment shall be disregarded in computing
4 the supplementary State aid payments under this paragraph (m)
5 for the entire 3 year period and the supplementary State aid
6 payments shall not be diminished because of the detachment.
7 (5) Any supplementary State aid payment made under this
8 paragraph (m) shall be treated as separate from all other
9 payments made pursuant to this Section.
10 (n) For the purposes of calculating State aid under this
11 Section, the real property equalized assessed valuation for a
12 school district used to compute State aid shall be determined
13 by subtracting from the real property value as equalized or
14 assessed by the Department of Revenue for the district an
15 amount computed by dividing the amount of any abatement of
16 taxes under Section 18-170 of the Property Tax Code by the
17 maximum operating tax rates specified in subsection 5(c) of
18 this Section and an amount computed by dividing the amount of
19 any abatement of taxes under subsection (a) of Section 18-165
20 of the Property Tax Code by the maximum operating tax rates
21 specified in subsection 5(c) of this Section.
22 (o) Notwithstanding any other provisions of this
23 Section, for the 1996-1997 school year the amount of the
24 aggregate general State aid entitlement that is received
25 under this Section by each school district for that school
26 year shall be not less than the amount of the aggregate
27 general State aid entitlement that was received by the
28 district under this Section for the 1995-1996 school year. If
29 a school district is to receive an aggregate general State
30 aid entitlement under this Section for the 1996-1997 school
31 year that is less than the amount of the aggregate general
32 State aid entitlement that the district received under this
33 Section for the 1995-1996 school year, the school district
34 shall also receive, from a separate appropriation made for
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1 purposes of this paragraph (o), a supplementary payment that
2 is equal to the amount by which the general State aid
3 entitlement received by the district under this Section for
4 the 1995-1996 school year exceeds the general State aid
5 entitlement that the district is to receive under this
6 Section for the 1996-1997 school year. If the amount
7 appropriated for supplementary payments to school districts
8 under this paragraph (o) is insufficient for that purpose,
9 the supplementary payments that districts are to receive
10 under this paragraph shall be prorated according to the
11 aggregate amount of the appropriation made for purposes of
12 this paragraph.
13 B. In calculating the amount to be paid to the governing
14 board of a public university that operates a laboratory
15 school under this Section or to any alternative school that
16 is operated by a regional superintendent, the State Board of
17 Education shall require by rule such reporting requirements
18 as it deems necessary.
19 As used in this Section, "laboratory school" means a
20 public school which is created and operated by a public
21 university and approved by the State Board of Education. The
22 governing board of a public university which receives funds
23 from the State Board under this subsection B may not increase
24 the number of students enrolled in its laboratory school from
25 a single district, if that district is already sending 50 or
26 more students, except under a mutual agreement between the
27 school board of a student's district of residence and the
28 university which operates the laboratory school. A
29 laboratory school may not have more than 1,000 students,
30 excluding students with disabilities in a special education
31 program.
32 As used in this Section, "alternative school" means a
33 public school which is created and operated by a Regional
34 Superintendent of Schools and approved by the State Board of
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1 Education. Such alternative schools may offer courses of
2 instruction for which credit is given in regular school
3 programs, courses to prepare students for the high school
4 equivalency testing program or vocational and occupational
5 training.
6 Each laboratory and alternative school shall file, on
7 forms provided by the State Superintendent of Education, an
8 annual State aid claim which states the average daily
9 attendance of the school's students by month. The best 3
10 months' average daily attendance shall be computed for each
11 school. The weighted average daily attendance shall be
12 computed and the weighted average daily attendance for the
13 school's most recent 3 year average shall be compared to the
14 most recent weighted average daily attendance, and the
15 greater of the 2 shall be used for the calculation under this
16 subsection B. The general State aid entitlement shall be
17 computed by multiplying the school's student count by the
18 foundation level as determined under this Section.
19 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
20 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
21 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
22 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
23 eff. 8-16-96; revised 9-10-96.)
24 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
25 Sec. 34-18. Powers of the board. The board shall
26 exercise general supervision and jurisdiction over the public
27 education and the public school system of the city, and,
28 except as otherwise provided by this Article, shall have
29 power:
30 1. To make suitable provision for the establishment
31 and maintenance throughout the year or for such portion
32 thereof as it may direct, but for not less than the
33 minimum term required by Section 10-19 in order to insure
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1 the minimum number of days of actual pupil attendance as
2 required by Section 10-19 9 months, of schools of all
3 grades and kinds, including normal schools, high schools,
4 night schools, schools for defectives and delinquents,
5 parental and truant schools, schools for the blind, the
6 deaf and the crippled, schools or classes in manual
7 training, constructural and vocational teaching, domestic
8 arts and physical culture, vocation and extension schools
9 and lecture courses, and all other educational courses
10 and facilities, including establishing, equipping,
11 maintaining and operating playgrounds and recreational
12 programs, when such programs are conducted in, adjacent
13 to, or connected with any public school under the general
14 supervision and jurisdiction of the board; provided,
15 however, that in allocating funds from year to year for
16 the operation of all attendance centers within the
17 district, the board shall ensure that State Chapter 1
18 funds are allocated and applied in accordance with
19 Section 18-8. To admit to such schools without charge
20 foreign exchange students who are participants in an
21 organized exchange student program which is authorized by
22 the board. The board shall permit all students to enroll
23 in apprenticeship programs in trade schools operated by
24 the board, whether those programs are union-sponsored or
25 not. No student shall be refused admission into or be
26 excluded from any course of instruction offered in the
27 common schools by reason of that student's sex. No
28 student shall be denied equal access to physical
29 education and interscholastic athletic programs supported
30 from school district funds or denied participation in
31 comparable physical education and athletic programs
32 solely by reason of the student's sex. Equal access to
33 programs supported from school district funds and
34 comparable programs will be defined in rules promulgated
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1 by the State Board of Education in consultation with the
2 Illinois High School Association. Notwithstanding any
3 other provision of this Article, neither the board of
4 education nor any local school council or other school
5 official shall recommend that children with disabilities
6 be placed into regular education classrooms unless those
7 children with disabilities are provided with
8 supplementary services to assist them so that they
9 benefit from the regular classroom instruction and are
10 included on the teacher's regular education class
11 register;
12 2. To furnish lunches to pupils, to make a
13 reasonable charge therefor, and to use school funds for
14 the payment of such expenses as the board may determine
15 are necessary in conducting the school lunch program;
16 3. To co-operate with the circuit court;
17 4. To make arrangements with the public or
18 quasi-public libraries and museums for the use of their
19 facilities by teachers and pupils of the public schools;
20 5. To employ dentists and prescribe their duties
21 for the purpose of treating the pupils in the schools,
22 but accepting such treatment shall be optional with
23 parents or guardians;
24 6. To grant the use of assembly halls and
25 classrooms when not otherwise needed, including light,
26 heat, and attendants, for free public lectures, concerts,
27 and other educational and social interests, free of
28 charge, under such provisions and control as the
29 principal of the affected attendance center may
30 prescribe;
31 7. To apportion the pupils to the several schools;
32 provided that no pupil shall be excluded from or
33 segregated in any such school on account of his color,
34 race, sex, or nationality. The board shall take into
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1 consideration the prevention of segregation and the
2 elimination of separation of children in public schools
3 because of color, race, sex, or nationality. Except that
4 children may be committed to or attend parental and
5 social adjustment schools established and maintained
6 either for boys or girls only. All records pertaining to
7 the creation, alteration or revision of attendance areas
8 shall be open to the public. Nothing herein shall limit
9 the board's authority to establish multi-area attendance
10 centers or other student assignment systems for
11 desegregation purposes or otherwise, and to apportion the
12 pupils to the several schools. Furthermore, beginning in
13 school year 1994-95, pursuant to a board plan adopted by
14 October 1, 1993, the board shall offer, commencing on a
15 phased-in basis, the opportunity for families within the
16 school district to apply for enrollment of their children
17 in any attendance center within the school district which
18 does not have selective admission requirements approved
19 by the board. The appropriate geographical area in which
20 such open enrollment may be exercised shall be determined
21 by the board of education. Such children may be admitted
22 to any such attendance center on a space available basis
23 after all children residing within such attendance
24 center's area have been accommodated. If the number of
25 applicants from outside the attendance area exceed the
26 space available, then successful applicants shall be
27 selected by lottery. The board of education's open
28 enrollment plan must include provisions that allow low
29 income students to have access to transportation needed
30 to exercise school choice. Open enrollment shall be in
31 compliance with the provisions of the Consent Decree and
32 Desegregation Plan cited in Section 34-1.01.
33 8. To approve programs and policies for providing
34 transportation services to students. Nothing herein shall
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1 be construed to permit or empower the State Board of
2 Education to order, mandate, or require busing or other
3 transportation of pupils for the purpose of achieving
4 racial balance in any school;
5 9. Subject to the limitations in this Article, to
6 establish and approve system-wide curriculum objectives
7 and standards, including graduation standards, which
8 reflect the multi-cultural diversity in the city and are
9 consistent with State law, provided that for all purposes
10 of this Article courses or proficiency in American Sign
11 Language shall be deemed to constitute courses or
12 proficiency in a foreign language; and to employ
13 principals and teachers, appointed as provided in this
14 Article, and fix their compensation. The board shall
15 prepare such reports related to minimal competency
16 testing as may be requested by the State Board of
17 Education, and in addition shall monitor and approve
18 special education and bilingual education programs and
19 policies within the district to assure that appropriate
20 services are provided in accordance with applicable State
21 and federal laws to children requiring services and
22 education in those areas;
23 10. To employ non-teaching personnel or utilize
24 volunteer personnel for: (i) non-teaching duties not
25 requiring instructional judgment or evaluation of pupils,
26 including library duties; and (ii) supervising study
27 halls, long distance teaching reception areas used
28 incident to instructional programs transmitted by
29 electronic media such as computers, video, and audio,
30 detention and discipline areas, and school-sponsored
31 extracurricular activities. The board may further utilize
32 volunteer non-certificated personnel or employ
33 non-certificated personnel to assist in the instruction
34 of pupils under the immediate supervision of a teacher
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1 holding a valid certificate, directly engaged in teaching
2 subject matter or conducting activities; provided that
3 the teacher shall be continuously aware of the
4 non-certificated persons' activities and shall be able to
5 control or modify them. The general superintendent shall
6 determine qualifications of such personnel and shall
7 prescribe rules for determining the duties and activities
8 to be assigned to such personnel;
9 11. To provide television studio facilities in not
10 to exceed one school building and to provide programs for
11 educational purposes, provided, however, that the board
12 shall not construct, acquire, operate, or maintain a
13 television transmitter; to grant the use of its studio
14 facilities to a licensed television station located in
15 the school district; and to maintain and operate not to
16 exceed one school radio transmitting station and provide
17 programs for educational purposes;
18 12. To offer, if deemed appropriate, outdoor
19 education courses, including field trips within the State
20 of Illinois, or adjacent states, and to use school
21 educational funds for the expense of the said outdoor
22 educational programs, whether within the school district
23 or not;
24 13. During that period of the calendar year not
25 embraced within the regular school term, to provide and
26 conduct courses in subject matters normally embraced in
27 the program of the schools during the regular school term
28 and to give regular school credit for satisfactory
29 completion by the student of such courses as may be
30 approved for credit by the State Board of Education;
31 14. To insure against any loss or liability of the
32 board, the former School Board Nominating Commission,
33 Local School Councils, the Chicago Schools Academic
34 Accountability Council, or the former Subdistrict
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1 Councils or of any member, officer, agent or employee
2 thereof, resulting from alleged violations of civil
3 rights arising from incidents occurring on or after
4 September 5, 1967 or from the wrongful or negligent act
5 or omission of any such person whether occurring within
6 or without the school premises, provided the officer,
7 agent or employee was, at the time of the alleged
8 violation of civil rights or wrongful act or omission,
9 acting within the scope of his employment or under
10 direction of the board, the former School Board
11 Nominating Commission, the Chicago Schools Academic
12 Accountability Council, Local School Councils, or the
13 former Subdistrict Councils; and to provide for or
14 participate in insurance plans for its officers and
15 employees, including but not limited to retirement
16 annuities, medical, surgical and hospitalization benefits
17 in such types and amounts as may be determined by the
18 board; provided, however, that the board shall contract
19 for such insurance only with an insurance company
20 authorized to do business in this State. Such insurance
21 may include provision for employees who rely on treatment
22 by prayer or spiritual means alone for healing, in
23 accordance with the tenets and practice of a recognized
24 religious denomination;
25 15. To contract with the corporate authorities of
26 any municipality or the county board of any county, as
27 the case may be, to provide for the regulation of traffic
28 in parking areas of property used for school purposes, in
29 such manner as is provided by Section 11-209 of The
30 Illinois Vehicle Code, approved September 29, 1969, as
31 amended;
32 16. To provide, on an equal basis, access to the
33 school campus to the official recruiting representatives
34 of the armed forces of Illinois and the United States for
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1 the purposes of informing students of the educational and
2 career opportunities available in the military if the
3 board has provided such access to persons or groups whose
4 purpose is to acquaint students with educational or
5 occupational opportunities available to them. The board
6 is not required to give greater notice regarding the
7 right of access to recruiting representatives than is
8 given to other persons and groups;
9 17. (a) To sell or market any computer program
10 developed by an employee of the school district, provided
11 that such employee developed the computer program as a
12 direct result of his or her duties with the school
13 district or through the utilization of the school
14 district resources or facilities. The employee who
15 developed the computer program shall be entitled to share
16 in the proceeds of such sale or marketing of the computer
17 program. The distribution of such proceeds between the
18 employee and the school district shall be as agreed upon
19 by the employee and the school district, except that
20 neither the employee nor the school district may receive
21 more than 90% of such proceeds. The negotiation for an
22 employee who is represented by an exclusive bargaining
23 representative may be conducted by such bargaining
24 representative at the employee's request.
25 (b) For the purpose of this paragraph 17:
26 (1) "Computer" means an internally programmed,
27 general purpose digital device capable of
28 automatically accepting data, processing data and
29 supplying the results of the operation.
30 (2) "Computer program" means a series of coded
31 instructions or statements in a form acceptable to a
32 computer, which causes the computer to process data
33 in order to achieve a certain result.
34 (3) "Proceeds" means profits derived from
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1 marketing or sale of a product after deducting the
2 expenses of developing and marketing such product;
3 18. To delegate to the general superintendent of
4 schools, by resolution, the authority to approve
5 contracts and expenditures in amounts of $10,000 or less;
6 19. Upon the written request of an employee, to
7 withhold from the compensation of that employee any dues,
8 payments or contributions payable by such employee to any
9 labor organization as defined in the Illinois Educational
10 Labor Relations Act. Under such arrangement, an amount
11 shall be withheld from each regular payroll period which
12 is equal to the pro rata share of the annual dues plus
13 any payments or contributions, and the board shall
14 transmit such withholdings to the specified labor
15 organization within 10 working days from the time of the
16 withholding;
17 20. The board is encouraged to employ a sufficient
18 number of certified school counselors to maintain a
19 student/counselor ratio of 250 to 1 by July 1, 1990.
20 Each counselor shall spend at least 75% of his work time
21 in direct contact with students and shall maintain a
22 record of such time;
23 21. To make available to students vocational and
24 career counseling and to establish 5 special career
25 counseling days for students and parents. On these days
26 representatives of local businesses and industries shall
27 be invited to the school campus and shall inform students
28 of career opportunities available to them in the various
29 businesses and industries. Special consideration shall
30 be given to counseling minority students as to career
31 opportunities available to them in various fields. For
32 the purposes of this paragraph, minority student means a
33 person who is:
34 (a) Black (a person having origins in any of
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1 the black racial groups in Africa);
2 (b) Hispanic (a person of Spanish or
3 Portuguese culture with origins in Mexico, South or
4 Central America, or the Caribbean islands,
5 regardless of race);
6 (c) Asian American (a person having origins in
7 any of the original peoples of the Far East,
8 Southeast Asia, the Indian Subcontinent or the
9 Pacific Islands); or
10 (d) American Indian or Alaskan Native (a
11 person having origins in any of the original peoples
12 of North America).
13 Counseling days shall not be in lieu of regular
14 school days;
15 22. To report to the State Board of Education the
16 annual student dropout rate and number of students who
17 graduate from, transfer from or otherwise leave bilingual
18 programs;
19 23. Except as otherwise provided in the Abused and
20 Neglected Child Reporting Act or other applicable State
21 or federal law, to permit school officials to withhold,
22 from any person, information on the whereabouts of any
23 child removed from school premises when the child has
24 been taken into protective custody as a victim of
25 suspected child abuse. School officials shall direct
26 such person to the Department of Children and Family
27 Services, or to the local law enforcement agency if
28 appropriate;
29 24. To develop a policy, based on the current state
30 of existing school facilities, projected enrollment and
31 efficient utilization of available resources, for capital
32 improvement of schools and school buildings within the
33 district, addressing in that policy both the relative
34 priority for major repairs, renovations and additions to
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1 school facilities, and the advisability or necessity of
2 building new school facilities or closing existing
3 schools to meet current or projected demographic patterns
4 within the district;
5 25. To make available to the students in every high
6 school attendance center the ability to take all courses
7 necessary to comply with the Board of Higher Education's
8 college entrance criteria effective in 1993;
9 26. To encourage mid-career changes into the
10 teaching profession, whereby qualified professionals
11 become certified teachers, by allowing credit for
12 professional employment in related fields when
13 determining point of entry on teacher pay scale;
14 27. To provide or contract out training programs
15 for administrative personnel and principals with revised
16 or expanded duties pursuant to this Act in order to
17 assure they have the knowledge and skills to perform
18 their duties;
19 28. To establish a fund for the prioritized special
20 needs programs, and to allocate such funds and other lump
21 sum amounts to each attendance center in a manner
22 consistent with the provisions of part 4 of Section
23 34-2.3. Nothing in this paragraph shall be construed to
24 require any additional appropriations of State funds for
25 this purpose;
26 29. (Blank);
27 30. Notwithstanding any other provision of this Act
28 or any other law to the contrary, to contract with third
29 parties for services otherwise performed by employees,
30 including those in a bargaining unit, and to layoff those
31 employees upon 14 days written notice to the affected
32 employees. Those contracts may be for a period not to
33 exceed 5 years and may be awarded on a system-wide basis;
34 31. To promulgate rules establishing procedures
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1 governing the layoff or reduction in force of employees
2 and the recall of such employees, including, but not
3 limited to, criteria for such layoffs, reductions in
4 force or recall rights of such employees and the weight
5 to be given to any particular criterion. Such criteria
6 shall take into account factors including, but not be
7 limited to, qualifications, certifications, experience,
8 performance ratings or evaluations, and any other factors
9 relating to an employee's job performance; and
10 32. To develop a policy to prevent nepotism in the
11 hiring of personnel or the selection of contractors.
12 The specifications of the powers herein granted are not
13 to be construed as exclusive but the board shall also
14 exercise all other powers that they may be requisite or
15 proper for the maintenance and the development of a public
16 school system, not inconsistent with the other provisions of
17 this Article or provisions of this Code which apply to all
18 school districts.
19 In addition to the powers herein granted and authorized
20 to be exercised by the board, it shall be the duty of the
21 board to review or to direct independent reviews of special
22 education expenditures and services. The board shall file a
23 report of such review with the General Assembly on or before
24 May 1, 1990.
25 (Source: P.A. 88-89; 88-511; 88-686, eff. 1-24-95; 89-15,
26 eff. 5-30-95; 89-397, eff. 8-20-95; 89-626, eff. 8-9-96.)