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92_HB0190eng HB0190 Engrossed LRB9202559NTsb 1 AN ACT with respect to schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 10-19, 10-19.1, and 34-18 as follows: 6 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19) 7 Sec. 10-19. Length of school term - experimental 8 programs. Each school board shall annually prepare a calendar 9 for the school term, specifying the opening and closing dates 10 and providing a minimum term of at least 185 days to insure 11 176 days of actual pupil attendance, computable under Section 12 18-8.05, providedexceptthat for school years subsequent to 13 the 2001-2002 school year each school board shall annually 14 prepare a calendar for the school term, specifying the 15 opening and closing dates and providing a minimum term to 16 insure a minimum number of days of actual pupil attendance, 17 computable under Section 18-8.05, in accordance with the 18 following schedule: 19 Minimum Number of 20 Days of Actual 21 School Year Minimum Term Pupil Attendance 22 2002-2003 186 days 177 days 23 2003-2004 187 days 178 days 24 2004-2005 188 days 179 days 25 2005-2006 189 days 180 days 26 2006-2007 190 days 181 days 27 2007-2008 191 days 182 days 28 2008-2009 192 days 183 days 29 2009-2010 193 days 184 days 30 2010-2011 194 days 185 days 31 2011-2012 and 195 days 186 days HB0190 Engrossed -2- LRB9202559NTsb 1 each subsequent 2 school year 3 The increase in the minimum term and minimum number of days 4 of actual pupil attendance made by this amendatory Act of the 5 92nd General Assembly as provided in the schedule begins with 6 the 2002-2003 school year. However, if a school board, on 7 the effective date of this amendatory Act of the 92nd General 8 Assembly, is acting under a collective bargaining agreement 9 with its exclusive bargaining representative, then the 10 increase does not begin, unless otherwise agreed to by the 11 school board and exclusive bargaining representative, until 12 the school year after the expiration of the collective 13 bargaining agreement, at which time the school board shall 14 prepare a calendar providing a minimum term to ensure a 15 minimum number of days of actual pupil attendance as set 16 forth in the schedule beginning with that school year. A 17 school board is not required to increase the minimum term and 18 minimum number of days of actual pupil attendance as provided 19 by this amendatory Act of the 92nd General Assembly unless 20 the school district receives an increase in State aid in an 21 amount at least equal to the cost to be incurred by the 22 school district to increase the minimum term and minimum 23 number of days of actual pupil attendance.the 1980-198124school year only 175 days of actual pupil attendance shall be25required because of the closing of schools pursuant to26Section 24-2 on January 29, 1981 upon the appointment by the27President of that day as a day of thanksgiving for the28freedom of the Americans who had been held hostage in Iran.29 Any days allowed by law for teachers' institute but not used 30 as such or used as parental institutes as provided in Section 31 10-22.18d shall increase the minimum term by the school days 32 not so used. Except as provided in Section 10-19.1, the 33 board may not extend the school term beyond such closing date 34 unless that extension of term is necessary to provide the HB0190 Engrossed -3- LRB9202559NTsb 1 minimum number of computable days. In case of such necessary 2 extension school employees shall be paid for such additional 3 time on the basis of their regular contracts. A school board 4 may specify a closing date earlier than that set on the 5 annual calendar when the schools of the district have 6 provided the minimum number of computable days under this 7 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. 91-96, eff. 7-9-99.) HB0190 Engrossed -4- LRB9202559NTsb 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 theaminimum number of daysterm of 180 days9 of actual pupil attendance required by Section 10-19 of this 10 Code for the school year during which that 12-month period 11 commences, plusincludingnot more than 4 institute days, 12 provided that during that 12-montha 12 monthperiod a 13 student's required attendance in school, butshall not 14 exceed, nor shall any teacher be required to teach more than, 15 the number of days that is equal to the minimum term required 16 to be provided by Section 10-19 of this Code for the school 17 year during which that 12-month period commences185 days. 18Under such plan, no teacher shall be required to teach more19than 185 days. A calendar of 180 days may be established with20the approval of the State Board of Education.21 (Source: P.A. 81-1508.) 22 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 23 Sec. 34-18. Powers of the board. The board shall 24 exercise general supervision and jurisdiction over the public 25 education and the public school system of the city, and, 26 except as otherwise provided by this Article, shall have 27 power: 28 1. To make suitable provision for the establishment 29 and maintenance throughout the year or for such portion 30 thereof as it may direct, but for not less than the 31 minimum term required by Section 10-19 of this Code in 32 order to ensure the minimum number of days of actual 33 pupil attendance as required by Section 10-19 of this HB0190 Engrossed -5- LRB9202559NTsb 1 Code9 months, of schools of all grades and kinds, 2 including normal schools, high schools, night schools, 3 schools for defectives and delinquents, parental and 4 truant schools, schools for the blind, the deaf and the 5 crippled, schools or classes in manual training, 6 constructural and vocational teaching, domestic arts and 7 physical culture, vocation and extension schools and 8 lecture courses, and all other educational courses and 9 facilities, including establishing, equipping, 10 maintaining and operating playgrounds and recreational 11 programs, when such programs are conducted in, adjacent 12 to, or connected with any public school under the general 13 supervision and jurisdiction of the board; provided, 14 however, that in allocating funds from year to year for 15 the operation of all attendance centers within the 16 district, the board shall ensure that supplemental 17 general State aid funds are allocated and applied in 18 accordance with Section 18-8 or 18-8.05. To admit to such 19 schools without charge foreign exchange students who are 20 participants in an organized exchange student program 21 which is authorized by the board. The board shall permit 22 all students to enroll in apprenticeship programs in 23 trade schools operated by the board, whether those 24 programs are union-sponsored or not. No student shall 25 be refused admission into or be excluded from any course 26 of instruction offered in the common schools by reason of 27 that student's sex. No student shall be denied equal 28 access to physical education and interscholastic athletic 29 programs supported from school district funds or denied 30 participation in comparable physical education and 31 athletic programs solely by reason of the student's sex. 32 Equal access to programs supported from school district 33 funds and comparable programs will be defined in rules 34 promulgated by the State Board of Education in HB0190 Engrossed -6- LRB9202559NTsb 1 consultation with the Illinois High School Association. 2 Notwithstanding any other provision of this Article, 3 neither the board of education nor any local school 4 council or other school official shall recommend that 5 children with disabilities be placed into regular 6 education classrooms unless those children with 7 disabilities are provided with supplementary services to 8 assist them so that they benefit from the regular 9 classroom instruction and are included on the teacher's 10 regular education class register; 11 2. To furnish lunches to pupils, to make a 12 reasonable charge therefor, and to use school funds for 13 the payment of such expenses as the board may determine 14 are necessary in conducting the school lunch program; 15 3. To co-operate with the circuit court; 16 4. To make arrangements with the public or 17 quasi-public libraries and museums for the use of their 18 facilities by teachers and pupils of the public schools; 19 5. To employ dentists and prescribe their duties 20 for the purpose of treating the pupils in the schools, 21 but accepting such treatment shall be optional with 22 parents or guardians; 23 6. To grant the use of assembly halls and 24 classrooms when not otherwise needed, including light, 25 heat, and attendants, for free public lectures, concerts, 26 and other educational and social interests, free of 27 charge, under such provisions and control as the 28 principal of the affected attendance center may 29 prescribe; 30 7. To apportion the pupils to the several schools; 31 provided that no pupil shall be excluded from or 32 segregated in any such school on account of his color, 33 race, sex, or nationality. The board shall take into 34 consideration the prevention of segregation and the HB0190 Engrossed -7- LRB9202559NTsb 1 elimination of separation of children in public schools 2 because of color, race, sex, or nationality. Except that 3 children may be committed to or attend parental and 4 social adjustment schools established and maintained 5 either for boys or girls only. All records pertaining to 6 the creation, alteration or revision of attendance areas 7 shall be open to the public. Nothing herein shall limit 8 the board's authority to establish multi-area attendance 9 centers or other student assignment systems for 10 desegregation purposes or otherwise, and to apportion the 11 pupils to the several schools. Furthermore, beginning in 12 school year 1994-95, pursuant to a board plan adopted by 13 October 1, 1993, the board shall offer, commencing on a 14 phased-in basis, the opportunity for families within the 15 school district to apply for enrollment of their children 16 in any attendance center within the school district which 17 does not have selective admission requirements approved 18 by the board. The appropriate geographical area in which 19 such open enrollment may be exercised shall be determined 20 by the board of education. Such children may be admitted 21 to any such attendance center on a space available basis 22 after all children residing within such attendance 23 center's area have been accommodated. If the number of 24 applicants from outside the attendance area exceed the 25 space available, then successful applicants shall be 26 selected by lottery. The board of education's open 27 enrollment plan must include provisions that allow low 28 income students to have access to transportation needed 29 to exercise school choice. Open enrollment shall be in 30 compliance with the provisions of the Consent Decree and 31 Desegregation Plan cited in Section 34-1.01; 32 8. To approve programs and policies for providing 33 transportation services to students. Nothing herein shall 34 be construed to permit or empower the State Board of HB0190 Engrossed -8- LRB9202559NTsb 1 Education to order, mandate, or require busing or other 2 transportation of pupils for the purpose of achieving 3 racial balance in any school; 4 9. Subject to the limitations in this Article, to 5 establish and approve system-wide curriculum objectives 6 and standards, including graduation standards, which 7 reflect the multi-cultural diversity in the city and are 8 consistent with State law, provided that for all purposes 9 of this Article courses or proficiency in American Sign 10 Language shall be deemed to constitute courses or 11 proficiency in a foreign language; and to employ 12 principals and teachers, appointed as provided in this 13 Article, and fix their compensation. The board shall 14 prepare such reports related to minimal competency 15 testing as may be requested by the State Board of 16 Education, and in addition shall monitor and approve 17 special education and bilingual education programs and 18 policies within the district to assure that appropriate 19 services are provided in accordance with applicable State 20 and federal laws to children requiring services and 21 education in those areas; 22 10. To employ non-teaching personnel or utilize 23 volunteer personnel for: (i) non-teaching duties not 24 requiring instructional judgment or evaluation of pupils, 25 including library duties; and (ii) supervising study 26 halls, long distance teaching reception areas used 27 incident to instructional programs transmitted by 28 electronic media such as computers, video, and audio, 29 detention and discipline areas, and school-sponsored 30 extracurricular activities. The board may further utilize 31 volunteer non-certificated personnel or employ 32 non-certificated personnel to assist in the instruction 33 of pupils under the immediate supervision of a teacher 34 holding a valid certificate, directly engaged in teaching HB0190 Engrossed -9- LRB9202559NTsb 1 subject matter or conducting activities; provided that 2 the teacher shall be continuously aware of the 3 non-certificated persons' activities and shall be able to 4 control or modify them. The general superintendent shall 5 determine qualifications of such personnel and shall 6 prescribe rules for determining the duties and activities 7 to be assigned to such personnel; 8 11. To provide television studio facilities in not 9 to exceed one school building and to provide programs for 10 educational purposes, provided, however, that the board 11 shall not construct, acquire, operate, or maintain a 12 television transmitter; to grant the use of its studio 13 facilities to a licensed television station located in 14 the school district; and to maintain and operate not to 15 exceed one school radio transmitting station and provide 16 programs for educational purposes; 17 12. To offer, if deemed appropriate, outdoor 18 education courses, including field trips within the State 19 of Illinois, or adjacent states, and to use school 20 educational funds for the expense of the said outdoor 21 educational programs, whether within the school district 22 or not; 23 13. During that period of the calendar year not 24 embraced within the regular school term, to provide and 25 conduct courses in subject matters normally embraced in 26 the program of the schools during the regular school term 27 and to give regular school credit for satisfactory 28 completion by the student of such courses as may be 29 approved for credit by the State Board of Education; 30 14. To ensure against any loss or liability of the 31 board, the former School Board Nominating Commission, 32 Local School Councils, the Chicago Schools Academic 33 Accountability Council, or the former Subdistrict 34 Councils or of any member, officer, agent or employee HB0190 Engrossed -10- LRB9202559NTsb 1 thereof, resulting from alleged violations of civil 2 rights arising from incidents occurring on or after 3 September 5, 1967 or from the wrongful or negligent act 4 or omission of any such person whether occurring within 5 or without the school premises, provided the officer, 6 agent or employee was, at the time of the alleged 7 violation of civil rights or wrongful act or omission, 8 acting within the scope of his employment or under 9 direction of the board, the former School Board 10 Nominating Commission, the Chicago Schools Academic 11 Accountability Council, Local School Councils, or the 12 former Subdistrict Councils; and to provide for or 13 participate in insurance plans for its officers and 14 employees, including but not limited to retirement 15 annuities, medical, surgical and hospitalization benefits 16 in such types and amounts as may be determined by the 17 board; provided, however, that the board shall contract 18 for such insurance only with an insurance company 19 authorized to do business in this State. Such insurance 20 may include provision for employees who rely on treatment 21 by prayer or spiritual means alone for healing, in 22 accordance with the tenets and practice of a recognized 23 religious denomination; 24 15. To contract with the corporate authorities of 25 any municipality or the county board of any county, as 26 the case may be, to provide for the regulation of traffic 27 in parking areas of property used for school purposes, in 28 such manner as is provided by Section 11-209 of The 29 Illinois Vehicle Code, approved September 29, 1969, as 30 amended; 31 16. To provide, on an equal basis, access to the 32 school campus to the official recruiting representatives 33 of the armed forces of Illinois and the United States for 34 the purposes of informing students of the educational and HB0190 Engrossed -11- LRB9202559NTsb 1 career opportunities available in the military if the 2 board has provided such access to persons or groups whose 3 purpose is to acquaint students with educational or 4 occupational opportunities available to them. The board 5 is not required to give greater notice regarding the 6 right of access to recruiting representatives than is 7 given to other persons and groups; 8 17. (a) To sell or market any computer program 9 developed by an employee of the school district, provided 10 that such employee developed the computer program as a 11 direct result of his or her duties with the school 12 district or through the utilization of the school 13 district resources or facilities. The employee who 14 developed the computer program shall be entitled to share 15 in the proceeds of such sale or marketing of the computer 16 program. The distribution of such proceeds between the 17 employee and the school district shall be as agreed upon 18 by the employee and the school district, except that 19 neither the employee nor the school district may receive 20 more than 90% of such proceeds. The negotiation for an 21 employee who is represented by an exclusive bargaining 22 representative may be conducted by such bargaining 23 representative at the employee's request. 24 (b) For the purpose of this paragraph 17: 25 (1) "Computer" means an internally programmed, 26 general purpose digital device capable of 27 automatically accepting data, processing data and 28 supplying the results of the operation. 29 (2) "Computer program" means a series of coded 30 instructions or statements in a form acceptable to a 31 computer, which causes the computer to process data 32 in order to achieve a certain result. 33 (3) "Proceeds" means profits derived from 34 marketing or sale of a product after deducting the HB0190 Engrossed -12- LRB9202559NTsb 1 expenses of developing and marketing such product; 2 18. To delegate to the general superintendent of 3 schools, by resolution, the authority to approve 4 contracts and expenditures in amounts of $10,000 or less; 5 19. Upon the written request of an employee, to 6 withhold from the compensation of that employee any dues, 7 payments or contributions payable by such employee to any 8 labor organization as defined in the Illinois Educational 9 Labor Relations Act. Under such arrangement, an amount 10 shall be withheld from each regular payroll period which 11 is equal to the pro rata share of the annual dues plus 12 any payments or contributions, and the board shall 13 transmit such withholdings to the specified labor 14 organization within 10 working days from the time of the 15 withholding; 16 19a. Upon receipt of notice from the comptroller of 17 a municipality with a population of 500,000 or more that 18 a debt is due and owing the municipality by an employee 19 of the Chicago School Reform Board of Trustees, to 20 withhold, from the compensation of that employee, the 21 amount of the debt that is due and owing and pay the 22 amount withheld to the municipality; provided, however, 23 that the amount deducted from any one salary or wage 24 payment shall not exceed 25% of the net amount of the 25 payment. Before the Board deducts any amount from any 26 salary or wage of an employee under this paragraph, the 27 municipality shall certify that the employee has been 28 afforded an opportunity for a hearing to dispute the debt 29 that is due and owing the municipality. For purposes of 30 this paragraph, "net amount" means that part of the 31 salary or wage payment remaining after the deduction of 32 any amounts required by law to be deducted and "debt due 33 and owing" means (i) a specified sum of money owed to the 34 municipality for city services, work, or goods, after the HB0190 Engrossed -13- LRB9202559NTsb 1 period granted for payment has expired, or (ii) a 2 specified sum of money owed to the municipality pursuant 3 to a court order or order of an administrative hearing 4 officer after the exhaustion of, or the failure to 5 exhaust, judicial review; 6 20. The board is encouraged to employ a sufficient 7 number of certified school counselors to maintain a 8 student/counselor ratio of 250 to 1 by July 1, 1990. 9 Each counselor shall spend at least 75% of his work time 10 in direct contact with students and shall maintain a 11 record of such time; 12 21. To make available to students vocational and 13 career counseling and to establish 5 special career 14 counseling days for students and parents. On these days 15 representatives of local businesses and industries shall 16 be invited to the school campus and shall inform students 17 of career opportunities available to them in the various 18 businesses and industries. Special consideration shall 19 be given to counseling minority students as to career 20 opportunities available to them in various fields. For 21 the purposes of this paragraph, minority student means a 22 person who is: 23 (a) Black (a person having origins in any of 24 the black racial groups in Africa); 25 (b) Hispanic (a person of Spanish or 26 Portuguese culture with origins in Mexico, South or 27 Central America, or the Caribbean islands, 28 regardless of race); 29 (c) Asian American (a person having origins in 30 any of the original peoples of the Far East, 31 Southeast Asia, the Indian Subcontinent or the 32 Pacific Islands); or 33 (d) American Indian or Alaskan Native (a 34 person having origins in any of the original peoples HB0190 Engrossed -14- LRB9202559NTsb 1 of North America). 2 Counseling days shall not be in lieu of regular 3 school days; 4 22. To report to the State Board of Education the 5 annual student dropout rate and number of students who 6 graduate from, transfer from or otherwise leave bilingual 7 programs; 8 23. Except as otherwise provided in the Abused and 9 Neglected Child Reporting Act or other applicable State 10 or federal law, to permit school officials to withhold, 11 from any person, information on the whereabouts of any 12 child removed from school premises when the child has 13 been taken into protective custody as a victim of 14 suspected child abuse. School officials shall direct 15 such person to the Department of Children and Family 16 Services, or to the local law enforcement agency if 17 appropriate; 18 24. To develop a policy, based on the current state 19 of existing school facilities, projected enrollment and 20 efficient utilization of available resources, for capital 21 improvement of schools and school buildings within the 22 district, addressing in that policy both the relative 23 priority for major repairs, renovations and additions to 24 school facilities, and the advisability or necessity of 25 building new school facilities or closing existing 26 schools to meet current or projected demographic patterns 27 within the district; 28 25. To make available to the students in every high 29 school attendance center the ability to take all courses 30 necessary to comply with the Board of Higher Education's 31 college entrance criteria effective in 1993; 32 26. To encourage mid-career changes into the 33 teaching profession, whereby qualified professionals 34 become certified teachers, by allowing credit for HB0190 Engrossed -15- LRB9202559NTsb 1 professional employment in related fields when 2 determining point of entry on teacher pay scale; 3 27. To provide or contract out training programs 4 for administrative personnel and principals with revised 5 or expanded duties pursuant to this Act in order to 6 assure they have the knowledge and skills to perform 7 their duties; 8 28. To establish a fund for the prioritized special 9 needs programs, and to allocate such funds and other lump 10 sum amounts to each attendance center in a manner 11 consistent with the provisions of part 4 of Section 12 34-2.3. Nothing in this paragraph shall be construed to 13 require any additional appropriations of State funds for 14 this purpose; 15 29. (Blank); 16 30. Notwithstanding any other provision of this Act 17 or any other law to the contrary, to contract with third 18 parties for services otherwise performed by employees, 19 including those in a bargaining unit, and to layoff those 20 employees upon 14 days written notice to the affected 21 employees. Those contracts may be for a period not to 22 exceed 5 years and may be awarded on a system-wide basis; 23 31. To promulgate rules establishing procedures 24 governing the layoff or reduction in force of employees 25 and the recall of such employees, including, but not 26 limited to, criteria for such layoffs, reductions in 27 force or recall rights of such employees and the weight 28 to be given to any particular criterion. Such criteria 29 shall take into account factors including, but not be 30 limited to, qualifications, certifications, experience, 31 performance ratings or evaluations, and any other factors 32 relating to an employee's job performance; and 33 32. To develop a policy to prevent nepotism in the 34 hiring of personnel or the selection of contractors. HB0190 Engrossed -16- LRB9202559NTsb 1 The specifications of the powers herein granted are not 2 to be construed as exclusive but the board shall also 3 exercise all other powers that they may be requisite or 4 proper for the maintenance and the development of a public 5 school system, not inconsistent with the other provisions of 6 this Article or provisions of this Code which apply to all 7 school districts. 8 In addition to the powers herein granted and authorized 9 to be exercised by the board, it shall be the duty of the 10 board to review or to direct independent reviews of special 11 education expenditures and services. The board shall file a 12 report of such review with the General Assembly on or before 13 May 1, 1990. 14 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95; 15 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff. 16 1-1-98.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.