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Public Act 093-1036 |
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AN ACT concerning education, which may be referred to as | ||||
the Education Reform and Accountability Act of 2004.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the School | ||||
Employee Benefit Act . | ||||
Section 5. Purpose. The purpose of this Act is to require | ||||
the Department of Central Management Services to establish and | ||||
administer a prescription drug benefit program that will enable | ||||
eligible school employees access to affordable prescription | ||||
drugs. | ||||
Section 10. Definitions.
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"Annuitant" means a retired school district employee | ||||
entitled to receive retirement benefits, as defined by the | ||||
school district. | ||||
"Department" means the Department of Central Management | ||||
Services. | ||||
"Dependent" means a school district employee's dependent | ||||
as defined by the school district. | ||||
"Director" means the Director of Central Management | ||||
Services. | ||||
"Employee" means a school district employee who is entitled | ||||
to benefits as defined by the school district. | ||||
"Rules" includes rules adopted and forms prescribed by the | ||||
Department. | ||||
"School district" means a public school district in this | ||||
State.
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Section 15. Prescription drug benefits; contract. | ||||
(a) The Director shall, by contract, self-insurance, or | ||||
otherwise, make available a voluntary program of prescription |
drug benefits for school districts under Section 15 of this | ||
Act. The contract or other arrangement for the provision of the | ||
prescription drug benefits shall be on terms deemed by the | ||
Director to be in the best interest of the State of Illinois | ||
and school districts based on criteria set by the Department, | ||
which must include without limitation administrative cost, | ||
service capabilities of the carrier or other contractors, and | ||
premiums, fees, or charges as related to the costs of the | ||
benefits.
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(b) The term of a contract under this Section may not | ||
extend beyond 5 fiscal years. The Director may exercise renewal | ||
options of the same contract for up to a period of 5 years. Any | ||
increases in premiums, fees, or charges requested by a | ||
contractor whose contract may be renewed pursuant to a renewal | ||
option contained in the contract must be justified on the basis | ||
of (1) audited experience data, (2) increases in the costs of | ||
prescription drug coverage provided under the contract, (3) | ||
contractor performance, (4) increases in contractor | ||
responsibilities, or (5) any combination of these bases.
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(c) A contractor shall agree to abide by all requirements | ||
and rules of the prescription drug benefit program, to submit | ||
such information and data as may from time to time be deemed | ||
necessary by the Director for effective administration of the | ||
program, and to fully cooperate in any audit.
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Section 20. Prescription drug benefits; program.
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(a) Beginning July 1, 2005, the Department shall be | ||
responsible for administering the prescription drug benefit | ||
program established under this Act for employees, annuitants, | ||
and dependents on a non-insured basis. | ||
(b) For each program year, the Department shall set a date | ||
by which school districts must notify the Department of their | ||
election to participate in the prescription drug benefit | ||
program. The Department shall provide notification of the | ||
election date to school districts at least 45 days prior to the | ||
election date. |
(c) Any school district may apply to the Director to have | ||
employees, annuitants, and dependents be provided a | ||
prescription drug benefit program under this Act. To | ||
participate, a school district must agree to enroll all of its | ||
employees. A participating school district is not required to | ||
enroll a full-time employee who has waived coverage under the | ||
district's health plan. | ||
(d) The Director shall determine the insurance rates and | ||
premiums for those employees, annuitants, and dependents | ||
participating in the prescription drug benefit program. Rates | ||
and premiums may be based in part on age and eligibility for | ||
federal Medicare coverage. | ||
A school district must remit the entire cost of providing | ||
prescription drug coverage under this Section. | ||
(e) All revenues arising from the administration of the | ||
prescription drug benefit program shall be deposited into | ||
general revenue funds. | ||
(f) The prescription drug benefit program shall be | ||
maintained on an ongoing, affordable basis, and the cost to | ||
school districts shall not exceed the State's actual program | ||
costs. The prescription drug benefit program may be changed by | ||
the State and is not intended to be a pension or retirement | ||
benefit subject to protection under Section 5 of Article XIII | ||
of the Illinois Constitution.
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Section 25. Pharmacy providers. | ||
(a) The Department or its contractor may enter into a | ||
contract with a pharmacy registered or licensed under Section | ||
16a of the Pharmacy Practice Act of 1987. | ||
(b) Before entering into an agreement with other pharmacy | ||
providers, pursuant to Sections 15 and 20 of this Act, the | ||
Department or its contractor must by rule or contract establish | ||
terms or conditions that must be met by pharmacy providers | ||
desiring to contract with the Department or its contractor. If | ||
a pharmacy licensed under Section 15 of the Pharmacy Practice | ||
Act of 1987 rejects the terms and conditions established, the |
Department or its contractor may offer other terms and | ||
conditions necessary to comply with the network adequacy | ||
requirements. | ||
(c) Notwithstanding the provisions of subsection (a) of | ||
this Section, the Department or its contractor may not refuse | ||
to contract with a pharmacy licensed under Section 15 of the | ||
Pharmacy Practice Act of 1987 that meets the terms and | ||
conditions established by the Department or its contractor | ||
under subsection (a) or (b) of this Section.
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Section 85. The State Finance Act is amended by changing | ||
Section 13.5 as follows:
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(30 ILCS 105/13.5)
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Sec. 13.5. Appropriations for higher education.
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(a) State appropriations to
the State Board of Education,
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the Board of Trustees of Southern Illinois
University, the | ||
Board of Trustees of the University of Illinois, the Board of
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Trustees of Chicago State University, the Board of Trustees of | ||
Eastern Illinois
University, the Board of Trustees of Illinois | ||
State University, the Board of
Trustees of Governors State | ||
University, the Board of Trustees of Northeastern
Illinois | ||
University, the Board of Trustees of Northern Illinois | ||
University, and
the Board of Trustees of Western Illinois | ||
University for operations shall
identify the amounts | ||
appropriated for personal services, State contributions to
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social security for Medicare, contractual services, travel, | ||
commodities,
equipment, operation of automotive equipment, | ||
telecommunications, awards and
grants, and permanent | ||
improvements.
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(b) Within 120 days after the conclusion of each fiscal | ||
year, each
State-supported institution of higher learning must | ||
provide, through the
Illinois Board of Higher Education, a | ||
financial report to the Governor and
General Assembly | ||
documenting the institution's revenues and expenditures of
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funds for that fiscal year ending June 30 for all funds.
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(Source: P.A. 93-229, eff. 7-22-03.)
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Section 90. The School Code is amended by changing Sections | ||
1A-1, 1A-2.1, 1A-4, 2-3.6, 10-19, 10-20.21, 21-1b, 21-1c, | ||
21-12, and 34-18 and by adding Sections 1A-10, 2-3.47a, | ||
2-3.62a, and 3-14.30 and Article 28A as follows:
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(105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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Sec. 1A-1. Members and terms.
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(a) (Blank).
The term of each member of the State Board of | ||
Education who is in
office on the effective date of this | ||
amendatory Act of 1996 shall terminate
on January 1, 1997
or | ||
when all of the new members initially to be
appointed under | ||
this amendatory Act of 1996 are appointed by the Governor as
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provided in subsection (b), whichever last occurs.
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(b) The
Beginning
on January 1, 1997 or when all of the new | ||
members initially to be appointed
under this subsection are | ||
appointed by the Governor, whichever last occurs,
and | ||
thereafter, the State Board of
Education shall consist of 8
9
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members and a chairperson , who shall be appointed by the
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Governor with the advice and consent
of the Senate from a | ||
pattern of regional representation as follows: 2
appointees | ||
shall be selected from among those counties of the State other
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than Cook County and the 5 counties contiguous to Cook County; | ||
2 appointees shall be selected from
Cook County, one of whom | ||
shall be a resident of the City of
Chicago and one of whom | ||
shall be a resident of that
part of Cook County
which lies | ||
outside the city limits of Chicago; 2
appointees shall be
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selected from among the 5 counties of the State that are | ||
contiguous to Cook
County; and 3 members
shall be selected as | ||
members-at-large (one of which shall be the chairperson) . The | ||
Governor who takes office on the second Monday of January after | ||
his or her election shall be the person who nominates members | ||
to fill vacancies whose terms begin after that date and before | ||
the term of the next Governor begins. | ||
The term of each member of the State Board of Education |
whose term expires on January 12, 2005 shall instead terminate | ||
on the effective date of this amendatory Act of the 93rd | ||
General Assembly. Of these 3 seats, (i) the member initially | ||
appointed pursuant to this amendatory Act of the 93rd General | ||
Assembly whose seat was vacant on April 27, 2004 shall serve | ||
until the second Wednesday of January, 2009 and (ii) the other | ||
2 members initially appointed pursuant to this amendatory Act | ||
of the 93rd General Assembly shall serve until the second | ||
Wednesday of January, 2007. | ||
The term of the member of the State Board of Education | ||
whose seat was vacant on April 27, 2004 and whose term expires | ||
on January 10, 2007 shall instead terminate on the effective | ||
date of this amendatory Act of the 93rd General Assembly. The | ||
member initially appointed pursuant to this amendatory Act of | ||
the 93rd General Assembly to fill this seat shall be the | ||
chairperson and shall serve until the second Wednesday of | ||
January, 2007. | ||
The term of the member of the State Board of Education | ||
whose seat was vacant on May 28, 2004 but after April 27, 2004 | ||
and whose term expires on January 10, 2007 shall instead | ||
terminate on the effective date of this amendatory Act of the | ||
93rd General Assembly. The member initially appointed pursuant | ||
to this amendatory Act of the 93rd General Assembly to fill | ||
this seat shall serve until the second Wednesday of January, | ||
2007.
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The term of the other member of the State Board of | ||
Education whose term expires on January 10, 2007 shall instead | ||
terminate on the effective date of this amendatory Act of the | ||
93rd General Assembly. The member initially appointed pursuant | ||
to this amendatory Act of the 93rd General Assembly to fill | ||
this seat shall serve until the second Wednesday of January, | ||
2007. | ||
The term of the member of the State Board of Education | ||
whose term expires on January 14, 2009 and who was selected | ||
from among the 5 counties of the State that are contiguous to | ||
Cook County and is a resident of Lake County shall instead |
terminate on the effective date of this amendatory Act of the | ||
93rd General Assembly. The member initially appointed pursuant | ||
to this amendatory Act of the 93rd General Assembly to fill | ||
this seat shall serve until the second Wednesday of January, | ||
2009.
At no time
may more than 5
members of the Board be from | ||
one political party. Party membership is
defined as having | ||
voted in the primary of the party in the last primary
before | ||
appointment. The 9 members initially appointed pursuant to
this
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amendatory Act of 1996 shall draw lots to determine
3 of their | ||
number who shall serve until the second Wednesday of January,
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2003, 3 of their number who shall serve until the second | ||
Wednesday of January,
2001, and 3 of their number who shall | ||
serve until the second Wednesday of
January, 1999. | ||
Upon expiration of the terms of the members initially | ||
appointed
under this amendatory Act of the 93rd General | ||
Assembly and members whose terms were not terminated by this | ||
amendatory Act of the 93rd General Assembly
1996 , their | ||
respective successors shall be
appointed for terms of 4
6
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years, from the second Wednesday in January of each
odd
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numbered year and until their respective successors are | ||
appointed and
qualified. | ||
(c) Of the 4 members, excluding the chairperson, whose | ||
terms expire on the second Wednesday of January, 2007 and every | ||
4 years thereafter, one of those members must be an at-large | ||
member and at no time may more than 2 of those members be from | ||
one political party. Of the 4 members whose terms expire on the | ||
second Wednesday of January, 2009 and every 4 years thereafter, | ||
one of those members must be an at-large member and at no time | ||
may more than 2 of those members be from one political party. | ||
Party membership is defined as having voted in the primary of | ||
the party in the last primary before appointment.
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(d) Vacancies in terms shall be filled by appointment by | ||
the
Governor with the advice and consent of the Senate for the | ||
extent of the
unexpired term.
If a vacancy in membership occurs | ||
at a time when the Senate is not in
session, the Governor shall | ||
make a temporary appointment until the next meeting
of the |
Senate, when the Governor shall appoint a person to fill that | ||
membership
for the remainder of its term. If the Senate is not | ||
in session when
appointments for a full term are made, the | ||
appointments shall be made as in the
case of vacancies.
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(Source: P.A. 89-610, eff. 8-6-96.)
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(105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
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Sec. 1A-2.1. Vacancies. The Governor may remove for | ||
incompetence, neglect of duty, or malfeasance in office any | ||
member of the State Board of Education. A vacancy also exists | ||
on the State Board of
Education when one or more of the | ||
following events occur:
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1. A
a member dies . ;
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2. A
a member files a written resignation with the | ||
Governor . ;
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3. A
a member is adjudicated to be a person under legal | ||
disability under
the Probate Act of 1975 , as amended, or
a | ||
person subject to involuntary admission
under the Mental Health | ||
and Developmental Disabilities Code . ;
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4. A
a member ceases to be a resident of the region
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judicial district from
which he or she was appointed . ;
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5. A
a member is convicted of an infamous crime , or of any | ||
offense
involving a violation of his or her duties under this | ||
Code.
Act;
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6. A
a member fails to maintain the qualifications stated | ||
in Section
1A-2 of this Code
Act .
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(Source: P.A. 83-706.)
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(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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Sec. 1A-4. Powers and duties of the Board.
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A. (Blank).
Upon the appointment of new Board members as | ||
provided in subsection (b)
of
Section 1A-1 and every 2 years | ||
thereafter, the chairperson of the Board shall
be selected by | ||
the
Governor, with the advice and consent of the Senate, from | ||
the membership of the
Board to serve as chairperson for 2 | ||
years.
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B. The Board shall determine the qualifications of and | ||
appoint a
chief education officer , to be known as the State | ||
Superintendent of
Education , who may be proposed by the | ||
Governor and who shall serve at the pleasure of the Board and | ||
pursuant to a
performance-based contract linked to statewide | ||
student performance and academic
improvement within Illinois | ||
schools. Upon expiration or buyout of the contract of the State | ||
Superintendent of Education in office on the effective date of | ||
this amendatory Act of the 93rd General Assembly, a State | ||
Superintendent of Education shall be appointed by a State Board | ||
of Education that includes the 7 new Board members who were | ||
appointed to fill seats of members whose terms were terminated | ||
on the effective date of this amendatory Act of the 93rd | ||
General Assembly. Thereafter, a State Superintendent of | ||
Education must, at a minimum, be appointed at the beginning of | ||
each term of a Governor after that Governor has made | ||
appointments to the Board. A
No performance-based
contract | ||
issued for the employment of a
the State Superintendent of
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Education entered into on or after the effective date of this | ||
amendatory Act of the 93rd General Assembly must expire no | ||
later than February 1, 2007, and subsequent contracts must | ||
expire no later than February 1 each 4 years thereafter. No
| ||
shall be for a term longer than 3 years and no contract
shall | ||
be
extended or renewed beyond February 1, 2007 and February 1 | ||
each 4 years thereafter, but a State Superintendent of | ||
Education shall serve until his or her successor is appointed
| ||
prior to its scheduled expiration unless the performance
and | ||
improvement goals contained in the contract have been met . Each | ||
contract entered into on or before January 8, 2007 with a State | ||
Superintendent of Education must provide that the State Board | ||
of Education may terminate the contract for cause, and the | ||
State Board of Education shall not thereafter be liable for | ||
further payments under the contract. With regard to this | ||
amendatory Act of the 93rd General Assembly, it is the intent | ||
of the General Assembly that, beginning with the Governor who | ||
takes office on the second Monday of January, 2007, a State |
Superintendent of Education be appointed at the beginning of | ||
each term of a Governor after that Governor has made | ||
appointments to the Board. The State
Superintendent of | ||
Education shall not serve as a member of the State
Board of | ||
Education. The Board shall set the compensation of the State
| ||
Superintendent of Education who shall serve as the Board's | ||
chief
executive officer. The Board shall also establish the | ||
duties, powers and
responsibilities of the State | ||
Superintendent, which shall be included in the
State | ||
Superintendent's performance-based contract along with the | ||
goals and
indicators of student performance and academic | ||
improvement used to measure the
performance and effectiveness | ||
of the State Superintendent.
The State Board of Education may | ||
delegate
to the State Superintendent of Education the authority | ||
to act on the Board's
behalf, provided such delegation is made | ||
pursuant to adopted board policy
or the powers delegated are | ||
ministerial in nature. The State Board may
not delegate | ||
authority under this Section to the State Superintendent to
(1) | ||
nonrecognize school districts, (2) withhold State payments as a | ||
penalty,
or (3) make final decisions under the contested case | ||
provisions of the Illinois
Administrative Procedure Act unless | ||
otherwise provided by law.
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C. The powers and duties of the State Board of Education | ||
shall encompass all
duties delegated to the Office of | ||
Superintendent of Public Instruction on
January 12, 1975, | ||
except as the law providing for such powers and duties is
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thereafter amended, and such other powers and duties as the | ||
General Assembly
shall designate. The Board shall be | ||
responsible for the educational policies
and guidelines for | ||
public schools, pre-school through grade
12 and Vocational | ||
Education in the State of Illinois. The Board shall
analyze the | ||
present and future aims, needs, and requirements of
education | ||
in the State of Illinois and recommend to the General Assembly
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the powers which should be exercised by the Board. The Board | ||
shall
recommend the passage and the legislation necessary to | ||
determine the
appropriate relationship between the Board and |
local boards of education
and the various State agencies and | ||
shall recommend desirable
modifications in the laws which | ||
affect schools.
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D. Two members of the Board shall be appointed by the | ||
chairperson
to serve on a standing joint Education Committee, 2 | ||
others shall be
appointed from the Board of Higher Education, 2
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others shall be appointed by the chairperson of the
Illinois | ||
Community College Board, and 2 others shall be appointed by the
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chairperson of the Human Resource Investment Council. The
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Committee shall be
responsible for making recommendations | ||
concerning the submission of any
workforce development plan or | ||
workforce training program required by federal
law or under any | ||
block grant authority. The Committee will be
responsible for | ||
developing policy on matters of mutual concern to
elementary, | ||
secondary and higher education such as Occupational and
Career | ||
Education, Teacher Preparation and Certification, Educational
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Finance, Articulation between Elementary, Secondary and Higher | ||
Education
and Research and Planning. The joint Education | ||
Committee shall meet at
least quarterly and submit an annual | ||
report of its findings,
conclusions, and recommendations to the | ||
State Board of Education, the Board of
Higher Education, the | ||
Illinois Community College Board,
the Human Resource | ||
Investment Council, the Governor, and the
General
Assembly. All | ||
meetings of this Committee shall be official meetings for
| ||
reimbursement under this Act.
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E. Five members of the Board shall constitute a quorum. A
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majority
vote of the members appointed, confirmed and serving | ||
on the Board is
required to approve any action , except that the | ||
7 new Board members who were appointed to fill seats of members | ||
whose terms were terminated on the effective date of this | ||
amendatory act of the 93rd General Assembly may vote to approve | ||
actions when appointed and serving .
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The Board shall prepare and submit to the General Assembly | ||
and the
Governor on or before January 14, 1976 and annually | ||
thereafter a report
or reports of its findings and | ||
recommendations. Such annual report shall
contain a separate |
section which provides a critique and analysis of the
status of | ||
education in Illinois and which identifies its specific | ||
problems
and recommends express solutions therefor.
Such | ||
annual report also shall contain the following information for | ||
the
preceding year ending on June 30: each act or omission of a | ||
school district
of which the State Board of Education has | ||
knowledge as a consequence of
scheduled, approved visits and | ||
which constituted a
failure by the district to comply with | ||
applicable State or federal laws or
regulations relating to | ||
public education, the name of such district, the date
or dates | ||
on which the State Board of Education notified the school | ||
district of
such act or omission, and what action, if any, the | ||
school district took with
respect thereto after being notified | ||
thereof by the State Board of Education.
The report shall also | ||
include the statewide high school dropout rate by
grade level, | ||
sex and race and the annual student dropout rate of and the
| ||
number of students who graduate from, transfer from or | ||
otherwise leave
bilingual programs. The Auditor General shall | ||
annually perform a
compliance audit of the State Board of | ||
Education's performance of the
reporting duty imposed by this | ||
amendatory Act of 1986. A regular system of
communication with | ||
other directly related State agencies shall be
implemented.
| ||
The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Council, as | ||
required
by Section 3.1 of the General
Assembly Organization | ||
Act, and
filing such additional
copies with the State | ||
Government Report Distribution Center for the General
Assembly | ||
as is required under paragraph (t) of Section 7 of the State | ||
Library
Act.
| ||
F. Upon appointment of the 7 new Board members who were | ||
appointed to fill seats of members whose terms were terminated | ||
on the effective date of this amendatory Act of the 93rd | ||
General Assembly, the Board shall review all of its current |
rules in an effort to streamline procedures, improve | ||
efficiency, and eliminate unnecessary forms and paperwork.
| ||
(Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; | ||
89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
| ||
(105 ILCS 5/1A-10 new)
| ||
Sec. 1A-10. Divisions of Board. The State Board of | ||
Education shall, before April 1, 2005, create divisions within | ||
the Board, including without limitation the following: | ||
(1) Teaching and Learning Services for All Children. | ||
(2) School Support Services for All Schools.
| ||
(3) Fiscal Support Services. | ||
(4) Special Education Services. | ||
(5) Internal Auditor. | ||
(6) Human Resources.
| ||
The State Board of Education may, after consultation with the | ||
General Assembly, add any divisions or functions to the Board | ||
that it deems appropriate and consistent with Illinois law.
| ||
(105 ILCS 5/2-3.6) (from Ch. 122, par. 2-3.6)
| ||
Sec. 2-3.6. Rules and policies . To make rules , in | ||
accordance with the Illinois Administrative Procedure Act, | ||
that are
necessary to carry into efficient and uniform effect | ||
all
laws for establishing and maintaining free schools in the | ||
State. The State Board of Education may not adopt any rule or | ||
policy that alters the intent of the authorizing law or that | ||
supersedes federal or State law. The Board may not make | ||
policies affecting school districts that have the effect of | ||
rules without following the procedures of the Illinois | ||
Administrative Procedure Act.
| ||
(Source: Laws 1961, p. 31.)
| ||
(105 ILCS 5/2-3.47a new) | ||
Sec. 2-3.47a. Strategic plan. | ||
(a) The State Board of Education shall develop and maintain | ||
a continuing 5-year comprehensive strategic plan for |
elementary and secondary education. The strategic plan shall | ||
include without limitation all of the following topic areas: | ||
(1) Service and support to school districts to improve | ||
student performance. | ||
(2) Equity, adequacy, and predictability of | ||
educational opportunities and resources for all schools. | ||
(3) Program development and improvements, including | ||
financial planning and support services. | ||
(4) Efficient means of delivering services to schools | ||
on a regional basis. | ||
(5) Assistance to students at risk of academic failure | ||
and the use of proven support programs and services to | ||
close the achievement gap. | ||
(6) Educational research and development and access | ||
and training in the use of a centralized student | ||
achievement data system. | ||
(7) Recommendations for streamlining the School Code | ||
to eliminate laws that interfere with local control, taking | ||
into account those foundational standards that have | ||
already been established. | ||
(8) Streamlining certification of teachers and | ||
administrators to provide quality personnel and ongoing | ||
professional development. | ||
(9) Support services to enhance the capacity of school | ||
districts to meet federal and State statutory standards. | ||
(10) Enhanced technology for use in administration, | ||
classroom, and nontraditional educational settings. | ||
(11) Recognition of successful, exemplary schools. | ||
(12) The unique needs of rural school districts. | ||
(13) School reorganization issues. | ||
(14) Attraction and retention of qualified teachers. | ||
(15) Additional duties that should be assigned to | ||
regional offices of education and regional administrative | ||
service centers to support local control of school | ||
districts and eliminate any duplication and inefficiency.
| ||
The State Board of Education shall consult with the educational |
community, hold public hearings, and receive input from all | ||
interested groups in drafting the strategic plan. | ||
(b) To meet the requirements of this Section, the State | ||
Board of Education shall issue to the Governor and General | ||
Assembly a preliminary report within 6 months after the | ||
effective date of this amendatory Act of the 93rd General | ||
Assembly and a final 5-year strategic plan within one year | ||
after the effective date of this amendatory Act of the 93rd | ||
General Assembly. Thereafter, the strategic plan shall be | ||
updated and issued to the Governor and General Assembly on or | ||
before July 1 of each year. | ||
(105 ILCS 5/2-3.62a new)
| ||
Sec. 2-3.62a. Regional services. The State Board of | ||
Education is granted the power to provide the following | ||
regional services, either through a regional administrative | ||
technology center or otherwise: | ||
(1) Coordinate the delivery of educational resources | ||
and support services statewide, including assistance in | ||
complying with State and federal law. | ||
(2) Issue annual report cards, in conjunction with | ||
school report cards under Section 10-17a of this Code and | ||
in cooperation with school districts, for regional offices | ||
of education, grading without limitation all of the | ||
following: | ||
(A) The efficiency and effectiveness of school | ||
districts served resulting from technical assistance | ||
and program support. | ||
(B) The regional delivery of quality services. | ||
(C) School district satisfaction. | ||
(D) Delivery of support services that enhance | ||
student performance. | ||
(3) Direct services provided to assist schools | ||
designated as not meeting Illinois learning and federal | ||
student performance standards. | ||
(4) Support programs and services to close the |
achievement gap. | ||
(5) Assist school districts in pooling administrative | ||
or other services and facilitate cooperation among school | ||
districts that may be able to achieve economies of scale | ||
through shared services. The State Board of Education may | ||
exercise this power in cooperation with regional | ||
superintendents of schools. The State Board shall not have | ||
the power to require a school district to enter into a | ||
shared service agreement. | ||
(105 ILCS 5/3-14.30 new) | ||
Sec. 3-14.30. Grant applications. To assist and support | ||
school districts with the preparation and submission of grant | ||
applications.
| ||
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
| ||
Sec. 10-19. Length of school term - experimental programs. | ||
Each school
board shall annually prepare a calendar for the | ||
school term, specifying
the opening and closing dates and | ||
providing a minimum term of at least 185
days to insure 176 | ||
days of actual pupil attendance, computable under Section
| ||
18-8.05, except that for the 1980-1981 school year only 175 | ||
days
of actual
pupil attendance shall be required because of | ||
the closing of schools pursuant
to Section 24-2 on January 29, | ||
1981 upon the appointment by the President
of that day as a day | ||
of thanksgiving for the freedom of the Americans who
had been | ||
held hostage in Iran. Any days allowed by law for teachers'
| ||
institute but not used as such or used as parental institutes | ||
as provided
in Section 10-22.18d shall increase the minimum | ||
term by the school days not
so used. Except as provided in | ||
Section 10-19.1, the board may not extend
the school term | ||
beyond such closing date unless that extension of term is
| ||
necessary to provide the minimum number of computable days. In | ||
case of
such necessary extension school employees
shall be paid | ||
for such additional time on the basis of their regular
| ||
contracts. A school board may specify a closing date earlier |
than that
set on the annual calendar when the schools of the | ||
district have
provided the minimum number of computable days | ||
under this Section.
Nothing in this Section prevents the board | ||
from employing
superintendents of schools, principals and | ||
other nonteaching personnel
for a period of 12 months, or in | ||
the case of superintendents for a
period in accordance with | ||
Section 10-23.8, or prevents the board from
employing other | ||
personnel before or after the regular school term with
payment | ||
of salary proportionate to that received for comparable work
| ||
during the school term.
| ||
A school board may make such changes in its calendar for | ||
the school term
as may be required by any changes in the legal | ||
school holidays prescribed
in Section 24-2. A school board may | ||
make changes in its calendar for the
school term as may be | ||
necessary to reflect the utilization of teachers'
institute | ||
days as parental institute days as provided in Section | ||
10-22.18d.
| ||
The calendar for the school term and any changes must be | ||
submitted to and approved by the regional superintendent of | ||
schools before the calendar or changes may take effect.
| ||
With the prior approval of the State Board of Education and | ||
subject
to review by the State Board of Education every 3 | ||
years, any school
board may, by resolution of its board and in | ||
agreement with affected
exclusive collective bargaining | ||
agents, establish experimental
educational programs, including | ||
but not limited to programs for
self-directed learning or | ||
outside of formal class periods, which programs
when so | ||
approved shall be considered to comply with the requirements of
| ||
this Section as respects numbers of days of actual pupil | ||
attendance and
with the other requirements of this Act as | ||
respects courses of instruction.
| ||
(Source: P.A. 91-96, eff. 7-9-99.)
| ||
(105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
| ||
Sec. 10-20.21. Contracts.
| ||
(a)
To award all contracts for
purchase of supplies, |
materials or work or contracts with private carriers
for | ||
transportation of pupils involving an expenditure in excess of | ||
$10,000
to the lowest responsible bidder, considering | ||
conformity with
specifications, terms of delivery, quality and | ||
serviceability, after due
advertisement, except the following: | ||
(i) contracts for the services of
individuals possessing a high | ||
degree of professional skill where the
ability or fitness of | ||
the individual plays an important part; (ii)
contracts for the | ||
printing of finance committee reports and departmental
| ||
reports; (iii) contracts for the printing or engraving of | ||
bonds, tax
warrants and other evidences of indebtedness; (iv) | ||
contracts for the
purchase of perishable foods and perishable | ||
beverages; (v) contracts for
materials and work which have been | ||
awarded to the lowest responsible bidder
after due | ||
advertisement, but due to unforeseen revisions, not the fault | ||
of
the contractor for materials and work, must be revised | ||
causing expenditures
not in excess of 10% of the contract | ||
price; (vi)
contracts for the maintenance or servicing of, or | ||
provision of
repair parts for, equipment which are made with | ||
the manufacturer or
authorized service agent of that equipment | ||
where the provision of parts,
maintenance, or servicing can | ||
best be performed by the manufacturer or
authorized service | ||
agent; (vii) purchases and contracts for the use,
purchase, | ||
delivery, movement, or installation of data processing | ||
equipment,
software, or services and telecommunications and | ||
interconnect
equipment, software, and services; (viii) | ||
contracts for duplicating
machines and supplies; (ix) | ||
contracts for the purchase of natural gas when
the cost is less | ||
than that offered by a public utility; (x) purchases of
| ||
equipment previously owned by some entity other than the | ||
district
itself; (xi) contracts for repair, maintenance, | ||
remodeling, renovation, or
construction, or a single project | ||
involving an expenditure not to exceed
$20,000 and not | ||
involving a change or increase in the size, type, or extent
of | ||
an existing facility; (xii) contracts for goods or services | ||
procured
from another governmental agency; (xiii) contracts |
for goods or services
which are economically procurable from | ||
only one source, such as for the
purchase of magazines, books, | ||
periodicals, pamphlets and reports, and for
utility services | ||
such as water, light, heat, telephone or telegraph; and
(xiv) | ||
where funds are expended in an emergency and such emergency
| ||
expenditure is approved by 3/4 of the members of the board ; and | ||
(xv) State master contracts authorized under Article 28A of | ||
this Code . | ||
All competitive
bids for contracts involving an | ||
expenditure in excess of $10,000 must be
sealed by the bidder | ||
and must be opened by a member or employee of the
school board | ||
at a public bid opening at which the contents of the bids
must | ||
be announced. Each bidder must receive at least 3 days' notice | ||
of the
time and place of the bid opening. For purposes of this | ||
Section due
advertisement includes, but is not limited to, at | ||
least one public notice
at least 10 days before the bid date in | ||
a newspaper published in the
district, or if no newspaper is | ||
published in the district, in a newspaper
of general | ||
circulation in the area of the district. State master contracts | ||
and certified education purchasing contracts, as defined in | ||
Article 28A of this Code, are not subject to the requirements | ||
of this paragraph.
| ||
(b) To require, as a condition of any contract for goods | ||
and services,
that persons
bidding for and awarded a contract | ||
and all affiliates of the person collect and
remit
Illinois Use | ||
Tax on all sales of tangible personal property into the State | ||
of
Illinois in
accordance with the provisions of the Illinois | ||
Use Tax Act regardless of whether
the
person or affiliate is a | ||
"retailer maintaining a place of business within this
State" as
| ||
defined in Section 2 of the Use Tax Act. For purposes of this | ||
Section, the term
"affiliate"
means any entity that (1) | ||
directly, indirectly, or constructively controls
another | ||
entity, (2)
is directly, indirectly, or constructively | ||
controlled by another entity, or (3)
is subject to
the control | ||
of a common entity. For purposes of this subsection (b), an | ||
entity
controls
another entity if it owns, directly or |
individually, more than 10% of the
voting
securities
of that | ||
entity. As used in this subsection (b), the term "voting | ||
security"
means a security
that (1) confers upon the holder the | ||
right to vote for the election of members
of the board
of | ||
directors or similar governing body of the business or (2) is | ||
convertible
into, or entitles
the holder to receive upon its | ||
exercise, a security that confers such a right
to
vote. A
| ||
general partnership interest is a voting security.
| ||
To require that bids and contracts include a certification | ||
by the bidder
or
contractor that the bidder or contractor is | ||
not barred from bidding for or
entering into a
contract under | ||
this Section and that the bidder or contractor acknowledges | ||
that
the school
board may declare the contract void if the | ||
certification completed pursuant to
this
subsection (b) is | ||
false.
| ||
(c) If the State education purchasing entity creates a | ||
master contract as defined in Article 28A of this Code, then | ||
the State education purchasing entity shall notify school | ||
districts of the existence of the master contract. | ||
(d) In purchasing supplies, materials, equipment, or | ||
services that are not subject to subsection (c) of this | ||
Section, before a school district solicits bids or awards a | ||
contract, the district may review and consider as a bid under | ||
subsection (a) of this Section certified education purchasing | ||
contracts that are already available through the State | ||
education purchasing entity. | ||
(Source: P.A. 93-25, eff. 6-20-03.)
| ||
(105 ILCS 5/21-1b) (from Ch. 122, par. 21-1b)
| ||
Sec. 21-1b. Subject endorsement on certificates. All | ||
certificates
initially issued under this Article after June 30, | ||
1986, shall be
specifically endorsed by the State Board of | ||
Education for each subject the
holder of the certificate is | ||
legally qualified to teach, such endorsements
to be made in | ||
accordance with standards promulgated by the State Board of
| ||
Education in consultation with the State Teacher Certification |
Board. The regional superintendent of schools, however, has the | ||
duty, after appropriate training, to accept and review all | ||
transcripts for new initial certificate applications and | ||
ensure that each applicant has met all of the criteria | ||
established by the State Board of Education in consultation | ||
with the State Teacher Certification Board. All
certificates | ||
which are issued under this Article prior to July 1, 1986 may,
| ||
by application to the State Board of Education, be specifically | ||
endorsed
for each subject the holder is legally qualified to | ||
teach. Endorsements
issued under this Section shall not apply | ||
to substitute teacher's
certificates issued under Section 21-9 | ||
of this Code.
| ||
Commencing July 1, 1999, each application for endorsement | ||
of an existing
teaching certificate shall be accompanied by a | ||
$30 nonrefundable fee. There is hereby created a Teacher | ||
Certificate
Fee
Revolving Fund as a special fund within the | ||
State Treasury. The proceeds of
each $30 fee shall be paid into | ||
the Teacher
Certificate Fee Revolving
Fund; and the moneys in | ||
that Fund shall be appropriated and used to provide the
| ||
technology and other resources necessary for the timely and | ||
efficient
processing of certification requests.
| ||
(Source: P.A. 91-102, eff. 7-12-99.)
| ||
(105 ILCS 5/21-1c) (from Ch. 122, par. 21-1c)
| ||
Sec. 21-1c. Exclusive certificate authority. Only the | ||
State Board of
Education and State Teacher Certification Board, | ||
acting in accordance with
the applicable provisions of this Act | ||
and the rules, regulations and
standards promulgated | ||
thereunder, shall have the authority to issue or
endorse any | ||
certificate required for teaching, supervising or holding
| ||
certificated employment in the public schools; and no other | ||
State agency
shall have any power or authority (i) to establish | ||
or prescribe any
qualifications or other requirements | ||
applicable to the issuance or
endorsement of any such | ||
certificate, or (ii) to establish or prescribe any
licensure or | ||
equivalent requirement which must be satisfied in order to
|
teach, supervise or hold certificated employment in the public | ||
schools.
The regional superintendent of schools, however, has | ||
the duty, after appropriate training, to accept and review all | ||
transcripts for new initial certificate applications and | ||
ensure that each applicant has met all of the criteria | ||
established by the State Board of Education in consultation | ||
with the State Teacher Certification Board.
This Section does | ||
not prohibit the State Board of Education, in consultation
with | ||
the State Teacher Certification Board, from delegating
to | ||
regional superintendents of schools the authority to grant | ||
temporary
employment
authorizations to teacher applicants | ||
whose qualifications have been confirmed
by
the State Board of | ||
Education, in consultation with the State Teacher
| ||
Certification Board.
| ||
(Source: P.A. 91-102, eff. 7-12-99.)
| ||
(105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
| ||
Sec. 21-12. Printing; Seal; Signature; Credentials.
All | ||
certificates shall be printed by and bear the signatures of the | ||
chairman
and of the secretary of the State Teacher | ||
Certification Board. Each
certificate shall show the | ||
integrally printed seal of the State Teacher
Certification | ||
Board. All college credentials offered as the basis
of a | ||
certificate shall be presented to the secretary of the State
| ||
Teacher Certification Board for inspection and approval. The | ||
regional superintendent of schools, however, has the duty, | ||
after appropriate training, to accept and review all | ||
transcripts for new initial certificate applications and | ||
ensure that each applicant has met all of the criteria | ||
established by the State Board of Education in consultation | ||
with the State Teacher Certification Board.
| ||
Commencing July 1, 1999, each application for a certificate | ||
or evaluation
of credentials shall be accompanied by an | ||
evaluation fee of $30 payable to the
State Superintendent of | ||
Education, which is not
refundable, except that no application | ||
or evaluation fee shall be required
for a Master Certificate |
issued pursuant to subsection (d) of Section 21-2 of
this Code. | ||
The proceeds of each $30 fee shall be paid into the Teacher
| ||
Certificate Fee Revolving Fund, created under Section 21-1b of | ||
this Code;
and the moneys in that Fund shall be appropriated | ||
and used to provide the
technology and other resources | ||
necessary for the timely and efficient
processing of | ||
certification requests.
| ||
When evaluation verifies the requirements for a valid | ||
certificate,
the applicant shall be issued an entitlement card | ||
that may be presented
to a regional superintendent of schools | ||
for issuance of a certificate.
| ||
The applicant shall be notified of any deficiencies.
| ||
(Source: P.A. 91-102, eff. 7-12-99; 91-357, eff. 7-29-99.)
| ||
(105 ILCS 5/Art. 28A heading new)
| ||
ARTICLE 28A. Education Purchasing Program. | ||
(105 ILCS 5/28A-5 new)
| ||
Sec. 28A-5. Definitions. In this Article: | ||
"State Board" means the State Board of Education. | ||
"Education purchasing contract" means a contract | ||
negotiated by the State Board, a local, State, or federal | ||
governmental entity, or a not-for-profit, for-profit, or | ||
cooperative entity that is certified under Section 28A-15 of | ||
this Code and made available to school districts.
| ||
"Master contract" means a contract designated as a | ||
statewide education master contract under Section 28A-15 of | ||
this Code.
| ||
"Program" means the education purchasing program created | ||
under this Article. | ||
(105 ILCS 5/28A-10 new)
| ||
Sec. 28A-10. Program created. The State Board shall create | ||
an education purchasing program. Under the program, the State | ||
Board shall designate itself or another entity to act as a | ||
State education purchasing entity to form and designate |
statewide education master contracts and to certify education | ||
purchasing contracts for key categories identified and defined | ||
by the State Board. The State education purchasing entity shall | ||
provide master contract and education purchasing contract | ||
information and pricing to school districts. | ||
(105 ILCS 5/28A-15 new)
| ||
Sec. 28A-15. Powers of State education purchasing entity. | ||
The State education purchasing entity shall have all of the | ||
following powers: | ||
(1) To select vendors and form contracts in accordance | ||
with the State's purchasing laws. | ||
(2) To designate a contract as a statewide education | ||
master contract for purposes of subsection (c) of Section | ||
10-20.21 of this Code. | ||
(3) To certify an education purchasing contract, | ||
provided that the contract was entered into according to | ||
procedures and conditions that conform to applicable State | ||
purchasing laws, for purposes of subsection (d) of Section | ||
10-20.21 of this Code. | ||
(4) To facilitate the inter-district sale or transfer | ||
of excess inventory or equipment. | ||
(5) To select and subsidize e-procurement tools to be | ||
implemented within school districts. | ||
(105 ILCS 5/28A-20 new)
| ||
Sec. 28A-20. Rules. The State Board or other State agency | ||
designated by the State Board may adopt rules to implement the | ||
program.
| ||
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||
Sec. 34-18. Powers of the board. The board shall exercise | ||
general
supervision and jurisdiction over the public education | ||
and the public
school system of the city, and, except as | ||
otherwise provided by this
Article, shall have power:
| ||
1. To make suitable provision for the establishment and |
maintenance
throughout the year or for such portion thereof | ||
as it may direct, not
less than 9 months, of schools of all | ||
grades and kinds, including normal
schools, high schools, | ||
night schools, schools for defectives and
delinquents, | ||
parental and truant schools, schools for the blind, the
| ||
deaf and the crippled, schools or classes in manual | ||
training,
constructural and vocational teaching, domestic | ||
arts and physical
culture, vocation and extension schools | ||
and lecture courses, and all
other educational courses and | ||
facilities, including establishing,
equipping, maintaining | ||
and operating playgrounds and recreational
programs, when | ||
such programs are conducted in, adjacent to, or connected
| ||
with any public school under the general supervision and | ||
jurisdiction
of the board; provided , however, that the | ||
calendar for the school term and any changes must be | ||
submitted to and approved by the State Board of Education | ||
before the calendar or changes may take effect, and | ||
provided that in allocating funds
from year to year for the | ||
operation of all attendance centers within the
district, | ||
the board shall ensure that supplemental general State aid | ||
funds
are allocated and applied in accordance with Section | ||
18-8 or 18-8.05. To
admit to such
schools without charge | ||
foreign exchange students who are participants in
an | ||
organized exchange student program which is authorized by | ||
the board.
The board shall permit all students to enroll in | ||
apprenticeship programs
in trade schools operated by the | ||
board, whether those programs are
union-sponsored or not. | ||
No student shall be refused admission into or
be excluded | ||
from any course of instruction offered in the common | ||
schools
by reason of that student's sex. No student shall | ||
be denied equal
access to physical education and | ||
interscholastic athletic programs
supported from school | ||
district funds or denied participation in
comparable | ||
physical education and athletic programs solely by reason | ||
of
the student's sex. Equal access to programs supported | ||
from school
district funds and comparable programs will be |
defined in rules
promulgated by the State Board of | ||
Education in
consultation with the Illinois High School | ||
Association.
Notwithstanding any other provision of this | ||
Article, neither the board
of education nor any local | ||
school council or other school official shall
recommend | ||
that children with disabilities be placed into regular | ||
education
classrooms unless those children with | ||
disabilities are provided with
supplementary services to | ||
assist them so that they benefit from the regular
classroom | ||
instruction and are included on the teacher's regular | ||
education
class register;
| ||
2. To furnish lunches to pupils, to make a reasonable | ||
charge
therefor, and to use school funds for the payment of | ||
such expenses as
the board may determine are necessary in | ||
conducting the school lunch
program;
| ||
3. To co-operate with the circuit court;
| ||
4. To make arrangements with the public or quasi-public | ||
libraries
and museums for the use of their facilities by | ||
teachers and pupils of
the public schools;
| ||
5. To employ dentists and prescribe their duties for | ||
the purpose of
treating the pupils in the schools, but | ||
accepting such treatment shall
be optional with parents or | ||
guardians;
| ||
6. To grant the use of assembly halls and classrooms | ||
when not
otherwise needed, including light, heat, and | ||
attendants, for free public
lectures, concerts, and other | ||
educational and social interests, free of
charge, under | ||
such provisions and control as the principal of the
| ||
affected attendance center may prescribe;
| ||
7. To apportion the pupils to the several schools; | ||
provided that no pupil
shall be excluded from or segregated | ||
in any such school on account of his
color, race, sex, or | ||
nationality. The board shall take into consideration
the | ||
prevention of segregation and the elimination of | ||
separation of children
in public schools because of color, | ||
race, sex, or nationality. Except that
children may be |
committed to or attend parental and social adjustment | ||
schools
established and maintained either for boys or girls | ||
only. All records
pertaining to the creation, alteration or | ||
revision of attendance areas shall
be open to the public. | ||
Nothing herein shall limit the board's authority to
| ||
establish multi-area attendance centers or other student | ||
assignment systems
for desegregation purposes or | ||
otherwise, and to apportion the pupils to the
several | ||
schools. Furthermore, beginning in school year 1994-95, | ||
pursuant
to a board plan adopted by October 1, 1993, the | ||
board shall offer, commencing
on a phased-in basis, the | ||
opportunity for families within the school
district to | ||
apply for enrollment of their children in any attendance | ||
center
within the school district which does not have | ||
selective admission
requirements approved by the board. | ||
The appropriate geographical area in
which such open | ||
enrollment may be exercised shall be determined by the
| ||
board of education. Such children may be admitted to any | ||
such attendance
center on a space available basis after all | ||
children residing within such
attendance center's area | ||
have been accommodated. If the number of
applicants from | ||
outside the attendance area exceed the space available,
| ||
then successful applicants shall be selected by lottery. | ||
The board of
education's open enrollment plan must include | ||
provisions that allow low
income students to have access to | ||
transportation needed to exercise school
choice. Open | ||
enrollment shall be in compliance with the provisions of | ||
the
Consent Decree and Desegregation Plan cited in Section | ||
34-1.01;
| ||
8. To approve programs and policies for providing | ||
transportation
services to students. Nothing herein shall | ||
be construed to permit or empower
the State Board of | ||
Education to order, mandate, or require busing or other
| ||
transportation of pupils for the purpose of achieving | ||
racial balance in any
school;
| ||
9. Subject to the limitations in this Article, to |
establish and
approve system-wide curriculum objectives | ||
and standards, including graduation
standards, which | ||
reflect the
multi-cultural diversity in the city and are | ||
consistent with State law,
provided that for all purposes | ||
of this Article courses or
proficiency in American Sign | ||
Language shall be deemed to constitute courses
or | ||
proficiency in a foreign language; and to employ principals | ||
and teachers,
appointed as provided in this
Article, and | ||
fix their compensation. The board shall prepare such | ||
reports
related to minimal competency testing as may be | ||
requested by the State
Board of Education, and in addition | ||
shall monitor and approve special
education and bilingual | ||
education programs and policies within the district to
| ||
assure that appropriate services are provided in | ||
accordance with applicable
State and federal laws to | ||
children requiring services and education in those
areas;
| ||
10. To employ non-teaching personnel or utilize | ||
volunteer personnel
for: (i) non-teaching duties not | ||
requiring instructional judgment or
evaluation of pupils, | ||
including library duties; and (ii) supervising study
| ||
halls, long distance teaching reception areas used | ||
incident to instructional
programs transmitted by | ||
electronic media such as computers, video, and audio,
| ||
detention and discipline areas, and school-sponsored | ||
extracurricular
activities. The board may further utilize | ||
volunteer non-certificated
personnel or employ | ||
non-certificated personnel to
assist in the instruction of | ||
pupils under the immediate supervision of a
teacher holding | ||
a valid certificate, directly engaged in teaching
subject | ||
matter or conducting activities; provided that the teacher
| ||
shall be continuously aware of the non-certificated | ||
persons' activities and
shall be able to control or modify | ||
them. The general superintendent shall
determine | ||
qualifications of such personnel and shall prescribe rules | ||
for
determining the duties and activities to be assigned to | ||
such personnel;
|
10.5. To utilize volunteer personnel from a regional | ||
School Crisis
Assistance Team (S.C.A.T.), created as part | ||
of the Safe to Learn Program
established pursuant to | ||
Section 25 of the Illinois Violence Prevention Act
of 1995, | ||
to provide assistance to schools in times of violence or | ||
other
traumatic incidents within a school community by | ||
providing crisis
intervention services to lessen the | ||
effects of emotional trauma on
individuals and the | ||
community; the School Crisis Assistance Team
Steering | ||
Committee shall determine the qualifications for | ||
volunteers;
| ||
11. To provide television studio facilities in not to | ||
exceed one
school building and to provide programs for | ||
educational purposes,
provided, however, that the board | ||
shall not construct, acquire, operate,
or maintain a | ||
television transmitter; to grant the use of its studio
| ||
facilities to a licensed television station located in the | ||
school
district; and to maintain and operate not to exceed | ||
one school radio
transmitting station and provide programs | ||
for educational purposes;
| ||
12. To offer, if deemed appropriate, outdoor education | ||
courses,
including field trips within the State of | ||
Illinois, or adjacent states,
and to use school educational | ||
funds for the expense of the said outdoor
educational | ||
programs, whether within the school district or not;
| ||
13. During that period of the calendar year not | ||
embraced within the
regular school term, to provide and | ||
conduct courses in subject matters
normally embraced in the | ||
program of the schools during the regular
school term and | ||
to give regular school credit for satisfactory
completion | ||
by the student of such courses as may be approved for | ||
credit
by the State Board of Education;
| ||
14. To insure against any loss or liability of the | ||
board,
the former School Board Nominating Commission, | ||
Local School Councils, the
Chicago Schools Academic | ||
Accountability Council, or the former Subdistrict
Councils |
or of any member, officer, agent or employee thereof, | ||
resulting
from alleged violations of civil rights arising | ||
from incidents occurring on
or after September 5, 1967 or | ||
from the wrongful or negligent act or
omission of any such | ||
person whether occurring within or without the school
| ||
premises, provided the officer, agent or employee was, at | ||
the time of the
alleged violation of civil rights or | ||
wrongful act or omission, acting
within the scope of his | ||
employment or under direction of the board, the
former | ||
School
Board Nominating Commission, the Chicago Schools | ||
Academic Accountability
Council, Local School Councils, or | ||
the former Subdistrict Councils;
and to provide for or | ||
participate in insurance plans for its officers and
| ||
employees, including but not limited to retirement | ||
annuities, medical,
surgical and hospitalization benefits | ||
in such types and amounts as may be
determined by the | ||
board; provided, however, that the board shall contract
for | ||
such insurance only with an insurance company authorized to | ||
do business
in this State. Such insurance may include | ||
provision for employees who rely
on treatment by prayer or | ||
spiritual means alone for healing, in accordance
with the | ||
tenets and practice of a recognized religious | ||
denomination;
| ||
15. To contract with the corporate authorities of any | ||
municipality
or the county board of any county, as the case | ||
may be, to provide for
the regulation of traffic in parking | ||
areas of property used for school
purposes, in such manner | ||
as is provided by Section 11-209 of The
Illinois Vehicle | ||
Code, approved September 29, 1969, as amended;
| ||
16. (a) To provide, on an equal basis, access to a high
| ||
school campus and student directory information to the
| ||
official recruiting representatives of the armed forces of | ||
Illinois and
the United States for the purposes of | ||
informing students of the educational
and career | ||
opportunities available in the military if the board has | ||
provided
such access to persons or groups whose purpose is |
to acquaint students with
educational or occupational | ||
opportunities available to them. The board
is not required | ||
to give greater notice regarding the right of access to
| ||
recruiting representatives than is given to other persons | ||
and groups. In
this paragraph 16, "directory information" | ||
means a high school
student's name, address, and telephone | ||
number.
| ||
(b) If a student or his or her parent or guardian | ||
submits a signed,
written request to the high school before | ||
the end of the student's sophomore
year (or if the student | ||
is a transfer student, by another time set by
the high | ||
school) that indicates that the student or his or her | ||
parent or
guardian does
not want the student's directory | ||
information to be provided to official
recruiting | ||
representatives under subsection (a) of this Section, the | ||
high
school may not provide access to the student's | ||
directory information to
these recruiting representatives. | ||
The high school shall notify its
students and their parents | ||
or guardians of the provisions of this
subsection (b).
| ||
(c) A high school may require official recruiting | ||
representatives of
the armed forces of Illinois and the | ||
United States to pay a fee for copying
and mailing a | ||
student's directory information in an amount that is not
| ||
more than the actual costs incurred by the high school.
| ||
(d) Information received by an official recruiting | ||
representative
under this Section may be used only to | ||
provide information to students
concerning educational and | ||
career opportunities available in the military
and may not | ||
be released to a person who is not involved in recruiting
| ||
students for the armed forces of Illinois or the United | ||
States;
| ||
17. (a) To sell or market any computer program | ||
developed by an employee
of the school district, provided | ||
that such employee developed the computer
program as a | ||
direct result of his or her duties with the school district
| ||
or through the utilization of the school district resources |
or facilities.
The employee who developed the computer | ||
program shall be entitled to share
in the proceeds of such | ||
sale or marketing of the computer program. The
distribution | ||
of such proceeds between the employee and the school | ||
district
shall be as agreed upon by the employee and the | ||
school district, except
that neither the employee nor the | ||
school district may receive more than 90%
of such proceeds. | ||
The negotiation for an employee who is represented by an
| ||
exclusive bargaining representative may be conducted by | ||
such bargaining
representative at the employee's request.
| ||
(b) For the purpose of this paragraph 17:
| ||
(1) "Computer" means an internally programmed, | ||
general purpose digital
device capable of | ||
automatically accepting data, processing data and | ||
supplying
the results of the operation.
| ||
(2) "Computer program" means a series of coded | ||
instructions or
statements in a form acceptable to a | ||
computer, which causes the computer to
process data in | ||
order to achieve a certain result.
| ||
(3) "Proceeds" means profits derived from | ||
marketing or sale of a product
after deducting the | ||
expenses of developing and marketing such product;
| ||
18. To delegate to the general superintendent of
| ||
schools, by resolution, the authority to approve contracts | ||
and expenditures
in amounts of $10,000 or less;
| ||
19. Upon the written request of an employee, to | ||
withhold from
the compensation of that employee any dues, | ||
payments or contributions
payable by such employee to any | ||
labor organization as defined in the
Illinois Educational | ||
Labor Relations Act. Under such arrangement, an
amount | ||
shall be withheld from each regular payroll period which is | ||
equal to
the pro rata share of the annual dues plus any | ||
payments or contributions,
and the board shall transmit | ||
such withholdings to the specified labor
organization | ||
within 10 working days from the time of the withholding;
| ||
19a. Upon receipt of notice from the comptroller of a |
municipality with
a population of 500,000 or more, a county | ||
with a population of 3,000,000 or
more, the Cook County | ||
Forest Preserve District, the Chicago Park District, the
| ||
Metropolitan Water Reclamation District, the Chicago | ||
Transit Authority, or
a housing authority of a municipality | ||
with a population of 500,000 or more
that a debt is due and | ||
owing the municipality, the county, the Cook County
Forest | ||
Preserve District, the Chicago Park District, the | ||
Metropolitan Water
Reclamation District, the Chicago | ||
Transit Authority, or the housing authority
by an employee | ||
of the Chicago Board of Education, to withhold, from the
| ||
compensation of that employee, the amount of the debt that | ||
is due and owing
and pay the amount withheld to the | ||
municipality, the county, the Cook County
Forest Preserve | ||
District, the Chicago Park District, the Metropolitan | ||
Water
Reclamation District, the Chicago Transit Authority, | ||
or the housing authority;
provided, however, that the | ||
amount
deducted from any one salary or wage payment shall | ||
not exceed 25% of the net
amount of the payment. Before the | ||
Board deducts any amount from any salary or
wage of an | ||
employee under this paragraph, the municipality, the | ||
county, the
Cook County Forest Preserve District, the | ||
Chicago Park District, the
Metropolitan Water Reclamation | ||
District, the Chicago Transit Authority, or the
housing | ||
authority shall certify that (i) the employee has been | ||
afforded an
opportunity for a hearing to dispute the debt | ||
that is due and owing the
municipality, the county, the | ||
Cook County Forest Preserve District, the Chicago
Park | ||
District, the Metropolitan Water Reclamation District, the | ||
Chicago Transit
Authority, or the housing authority and | ||
(ii) the employee has received notice
of a wage deduction | ||
order and has been afforded an opportunity for a hearing to
| ||
object to the order. For purposes of this paragraph, "net | ||
amount" means that
part of the salary or wage payment | ||
remaining after the deduction of any amounts
required by | ||
law to be deducted and "debt due and owing" means (i) a |
specified
sum of money owed to the municipality, the | ||
county, the Cook County Forest
Preserve District, the | ||
Chicago Park District, the Metropolitan Water
Reclamation | ||
District, the Chicago Transit Authority, or the housing | ||
authority
for services, work, or goods, after the period | ||
granted for payment has expired,
or (ii) a specified sum of | ||
money owed to the municipality, the county, the Cook
County | ||
Forest Preserve District, the Chicago Park District, the | ||
Metropolitan
Water Reclamation District, the Chicago | ||
Transit Authority, or the housing
authority pursuant to a | ||
court order or order of an administrative hearing
officer | ||
after the exhaustion of, or the failure to exhaust, | ||
judicial review;
| ||
20. The board is encouraged to employ a sufficient | ||
number of
certified school counselors to maintain a | ||
student/counselor ratio of 250 to
1 by July 1, 1990. Each | ||
counselor shall spend at least 75% of his work
time in | ||
direct contact with students and shall maintain a record of | ||
such time;
| ||
21. To make available to students vocational and career
| ||
counseling and to establish 5 special career counseling | ||
days for students
and parents. On these days | ||
representatives of local businesses and
industries shall | ||
be invited to the school campus and shall inform students
| ||
of career opportunities available to them in the various | ||
businesses and
industries. Special consideration shall be | ||
given to counseling minority
students as to career | ||
opportunities available to them in various fields.
For the | ||
purposes of this paragraph, minority student means a person | ||
who is:
| ||
(a) Black (a person having origins in any of the | ||
black racial groups
in Africa);
| ||
(b) Hispanic (a person of Spanish or Portuguese | ||
culture with
origins in Mexico, South or Central | ||
America, or the Caribbean islands,
regardless of | ||
race);
|
(c) Asian American (a person having origins in any | ||
of the original
peoples of the Far East, Southeast | ||
Asia, the Indian Subcontinent or the
Pacific Islands); | ||
or
| ||
(d) American Indian or Alaskan Native (a person | ||
having origins in any of
the original peoples of North | ||
America).
| ||
Counseling days shall not be in lieu of regular school | ||
days;
| ||
22. To report to the State Board of Education the | ||
annual
student dropout rate and number of students who | ||
graduate from, transfer
from or otherwise leave bilingual | ||
programs;
| ||
23. Except as otherwise provided in the Abused and | ||
Neglected Child
Reporting Act or other applicable State or | ||
federal law, to permit school
officials to withhold, from | ||
any person, information on the whereabouts of
any child | ||
removed from school premises when the child has been taken | ||
into
protective custody as a victim of suspected child | ||
abuse. School officials
shall direct such person to the | ||
Department of Children and Family Services,
or to the local | ||
law enforcement agency if appropriate;
| ||
24. To develop a policy, based on the current state of | ||
existing school
facilities, projected enrollment and | ||
efficient utilization of available
resources, for capital | ||
improvement of schools and school buildings within
the | ||
district, addressing in that policy both the relative | ||
priority for
major repairs, renovations and additions to | ||
school facilities, and the
advisability or necessity of | ||
building new school facilities or closing
existing schools | ||
to meet current or projected demographic patterns within
| ||
the district;
| ||
25. To make available to the students in every high | ||
school attendance
center the ability to take all courses | ||
necessary to comply with the Board
of Higher Education's | ||
college entrance criteria effective in 1993;
|
26. To encourage mid-career changes into the teaching | ||
profession,
whereby qualified professionals become | ||
certified teachers, by allowing
credit for professional | ||
employment in related fields when determining point
of | ||
entry on teacher pay scale;
| ||
27. To provide or contract out training programs for | ||
administrative
personnel and principals with revised or | ||
expanded duties pursuant to this
Act in order to assure | ||
they have the knowledge and skills to perform
their duties;
| ||
28. To establish a fund for the prioritized special | ||
needs programs, and
to allocate such funds and other lump | ||
sum amounts to each attendance center
in a manner | ||
consistent with the provisions of part 4 of Section 34-2.3.
| ||
Nothing in this paragraph shall be construed to require any | ||
additional
appropriations of State funds for this purpose;
| ||
29. (Blank);
| ||
30. Notwithstanding any other provision of this Act or | ||
any other law to
the contrary, to contract with third | ||
parties for services otherwise performed
by employees, | ||
including those in a bargaining unit, and to layoff those
| ||
employees upon 14 days written notice to the affected | ||
employees. Those
contracts may be for a period not to | ||
exceed 5 years and may be awarded on a
system-wide basis;
| ||
31. To promulgate rules establishing procedures | ||
governing the layoff or
reduction in force of employees and | ||
the recall of such employees, including,
but not limited | ||
to, criteria for such layoffs, reductions in force or | ||
recall
rights of such employees and the weight to be given | ||
to any particular
criterion. Such criteria shall take into | ||
account factors including, but not be
limited to, | ||
qualifications, certifications, experience, performance | ||
ratings or
evaluations, and any other factors relating to | ||
an employee's job performance;
| ||
32. To develop a policy to prevent nepotism in the | ||
hiring of personnel
or the selection of contractors;
| ||
33. To enter into a partnership agreement, as required |
by
Section 34-3.5 of this Code, and, notwithstanding any | ||
other
provision of law to the contrary, to promulgate | ||
policies, enter into
contracts, and take any other action | ||
necessary to accomplish the
objectives and implement the | ||
requirements of that agreement; and
| ||
34. To establish a Labor Management Council to the | ||
board
comprised of representatives of the board, the chief | ||
executive
officer, and those labor organizations that are | ||
the exclusive
representatives of employees of the board and | ||
to promulgate
policies and procedures for the operation of | ||
the Council.
| ||
The specifications of the powers herein granted are not to | ||
be
construed as exclusive but the board shall also exercise all | ||
other
powers that they may be requisite or proper for the | ||
maintenance and the
development of a public school system, not | ||
inconsistent with the other
provisions of this Article or | ||
provisions of this Code which apply to all
school districts.
| ||
In addition to the powers herein granted and authorized to | ||
be exercised
by the board, it shall be the duty of the board to | ||
review or to direct
independent reviews of special education | ||
expenditures and services.
The board shall file a report of | ||
such review with the General Assembly on
or before May 1, 1990.
| ||
(Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02; | ||
92-724, eff.
7-25-02; 93-3, eff. 4-16-03.)
| ||
Section 95. The State Mandates Act is amended by adding | ||
Section 8.28 as
follows:
| ||
(30 ILCS 805/8.28 new)
| ||
Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this
Act, no reimbursement by the State is required for the | ||
implementation of
any mandate created by this amendatory Act of | ||
the 93rd General Assembly.
| ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
|
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |