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Public Act 095-0496 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by adding Section | ||||
2-3.142 and by changing Sections 3-9, 3-14.3, 3-14.12, 6-2.1, | ||||
10-21.4, 14C-8, 18-9, 18-11, 26-3a, 27-8.1, and 34-8 as | ||||
follows: | ||||
(105 ILCS 5/2-3.142 new)
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Sec. 2-3.142. Community college enrollments. The State | ||||
Board of Education shall annually assemble all data reported to | ||||
the State Board of Education under Section 10-21.4 or 34-8 of | ||||
this Code by district superintendents, relating to the number | ||||
of high school students in the educational service region who | ||||
are enrolled in accredited courses at any community college, | ||||
together with the name and number of the course or courses that | ||||
each such student is taking, assembled both by individual | ||||
school district and by educational service region totals.
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(105 ILCS 5/3-9) (from Ch. 122, par. 3-9)
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Sec. 3-9. School funds; apportionment and payment. | ||||
Whenever the regional
superintendent receives amounts due to | ||||
local school districts,
the regional superintendent shall | ||||
apportion and distribute the moneys to the
appropriate local |
school districts as directed. No part of the State or
other | ||
school funding,
however, shall be paid to any school treasurer | ||
or other persons authorized to
receive it unless such treasurer | ||
has filed the required bond, or if
reelected, has
renewed the | ||
bond and filed it as required by law and unless the
publication | ||
of
the annual fiscal statement required in Section 10-17 has | ||
been made and
properly certified .
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(Source: P.A. 92-121, eff. 7-20-01.)
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(105 ILCS 5/3-14.3) (from Ch. 122, par. 3-14.3)
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Sec. 3-14.3. Township fund lands. To sell township fund | ||
lands, issue certificates of purchase, report to
the county | ||
board and the Secretary of State Comptroller in the manner | ||
provided in Article 15
of this Code
Act , and perform all other | ||
duties pertaining thereto.
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(Source: P.A. 78-592.)
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(105 ILCS 5/3-14.12) (from Ch. 122, par. 3-14.12)
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Sec. 3-14.12. Examine evidences of indebtedness. In Class | ||
II county school units with respect to townships wherein | ||
trustees of schools maintain jurisdiction and in which township | ||
funds have not heretofore been liquidated and distributed, to
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To examine all notes, bonds, mortgages, and other evidences of
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indebtedness which the township or school treasurer holds | ||
officially with respect to such fund or funds , and
if he or she
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finds that the papers are not in proper form or that the |
securities
are insufficient, he or she shall so state, in | ||
writing, to the
trustees of schools or school board.
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(Source: P.A. 86-1441.)
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(105 ILCS 5/6-2.1) (from Ch. 122, par. 6-2.1)
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Sec. 6-2.1. On and after the effective date of this | ||
amendatory Act,
the provisions of Sections 6-3, 6-4, 6-5, 6-10, | ||
6-11 (now repealed) , 6-12, 6-17, 6-18, 6-19,
6-20, and 6-21 of | ||
this School Code shall have no application in any
educational | ||
service region having a population of 2,000,000 or more
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inhabitants.
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(Source: P.A. 87-969.)
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(105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
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Sec. 10-21.4. Superintendent - Duties. Except in districts
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in which there is only one school with less than four
teachers, | ||
to employ a superintendent who shall have charge
of the | ||
administration of the schools under the direction of
the board | ||
of education. In addition to the administrative
duties, the | ||
superintendent shall make recommendations to
the board | ||
concerning the budget, building plans, the
locations of sites, | ||
the selection, retention and dismissal of teachers
and all | ||
other employees, the selection of textbooks, instructional | ||
material
and courses of study.
However, in districts under a | ||
Financial Oversight Panel pursuant to
Section 1A-8 for | ||
violating a financial plan, the duties and responsibilities of
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the superintendent in relation to the financial and business | ||
operations of the
district shall be approved by the Panel. In | ||
the event the Board refuses or
fails to follow a directive or | ||
comply with an information request of the Panel,
the | ||
performance of those duties shall be subject to the direction | ||
of the
Panel.
The superintendent shall also notify the State | ||
Board
of Education, the board and the chief administrative | ||
official, other than
the alleged perpetrator himself, in the | ||
school where the alleged
perpetrator serves, that any person | ||
who is employed in a school or
otherwise comes into frequent | ||
contact with children
in the school has been named as a | ||
perpetrator in an indicated report filed
pursuant to the Abused | ||
and Neglected Child Reporting Act, approved June 26,
1975, as | ||
amended. The superintendent shall keep or cause to be kept the
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records and accounts as directed and required by the board, aid | ||
in making
reports required by the board, and perform such other | ||
duties as the board
may delegate to him.
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In addition, in January of each year, beginning in 1990,
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each
superintendent shall report to the State Board of | ||
Education
regional superintendent of schools of
the | ||
educational service region in which the school district served | ||
by the
superintendent is located, the number of high school | ||
students in the
district who are enrolled in accredited courses | ||
(for which high school
credit will be awarded upon successful | ||
completion of the courses) at any
community college, together | ||
with the name and number of the course or
courses which each |
such student is taking.
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The provisions of this section shall also apply to
board of | ||
director districts.
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Notice of intent not to renew
a contract must be given in | ||
writing stating the
specific reason therefor by April 1 of the | ||
contract
year unless the contract specifically provides | ||
otherwise.
Failure to do so will automatically extend the | ||
contract
for an additional year. Within 10 days after receipt | ||
of
notice of intent not to renew a contract, the superintendent
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may request a closed session hearing on the dismissal. At the | ||
hearing the
superintendent has the privilege of presenting | ||
evidence, witnesses and
defenses on the grounds for dismissal.
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The provisions of this paragraph shall not apply to a district | ||
under a
Financial Oversight Panel pursuant to Section 1A-8 for | ||
violating a financial
plan.
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(Source: P.A. 89-572, eff. 7-30-96.)
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(105 ILCS 5/14C-8) (from Ch. 122, par. 14C-8)
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Sec. 14C-8. Teacher certification - Qualifications - | ||
Issuance of
certificates. No person shall be eligible
for | ||
employment by a school district as a teacher of transitional
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bilingual education without either (a) holding a valid teaching | ||
certificate
issued pursuant to Article 21 of this Code and | ||
meeting such additional language
and course requirements as | ||
prescribed by the State Board of Education or
(b) meeting the | ||
requirements
set forth in this Section.
The Certification Board |
shall issue certificates
valid for teaching in all grades of | ||
the common school in
transitional bilingual education programs | ||
to any person
who presents it with satisfactory evidence that | ||
he
possesses an adequate speaking and reading ability in a
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language other than English in which transitional bilingual
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education is offered and communicative skills in
English, and | ||
possessed within 5 years previous to his or her
applying
for a | ||
certificate under this Section a valid teaching
certificate | ||
issued by a foreign country, or by a State or
possession or | ||
territory of the United States, or other evidence
of teaching | ||
preparation as may be determined to be
sufficient by the | ||
Certification Board, or holds
a degree from an institution of | ||
higher learning in a foreign country
which the Certification | ||
Board determines to be the equivalent of a
bachelor's degree | ||
from a recognized
institution of higher learning in the
United | ||
States; provided that any
person seeking a certificate under | ||
this
Section must meet the following additional requirements:
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(1) Such persons must be in good health;
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(2) Such persons must be of sound moral character;
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(3) Such persons must be legally present in the
United | ||
States and possess legal authorization for employment;
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(4) Such persons must not be employed to replace
any | ||
presently employed teacher who otherwise would not be
replaced | ||
for any reason.
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Certificates issuable pursuant to
this Section shall be | ||
issuable only during the 5 years
immediately following the |
effective date of this Act and
thereafter for additional | ||
periods of one year only upon
a determination by the State | ||
Board of Education that a
school district lacks the number of | ||
teachers necessary to
comply with the mandatory requirements of | ||
Sections 14C-2.1
and 14C-3 of this Article for the | ||
establishment and maintenance
of programs of transitional | ||
bilingual education
and said certificates issued by the | ||
Certification Board
shall be valid for a period of 6 years | ||
following their
date of issuance and shall not be renewed, | ||
except that one renewal for
a period of two years may be | ||
granted if necessary to permit the holder of
a certificate | ||
issued under this Section to acquire a teaching certificate
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pursuant to Article 21 of this Code. Such certificates
and the | ||
persons to whom they are issued shall be exempt
from the | ||
provisions of Article 21 of this Code except
that Sections | ||
21-12, 21-13, 21-16, 21-17, 21-19, 21-21,
21-22, 21-23 and | ||
21-24 shall continue to be applicable to
all such certificates.
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After the effective date of this amendatory Act of 1984, an | ||
additional
renewal for a period to expire August 31, 1985, may | ||
be granted. The State
Board of Education shall report to the | ||
General Assembly on or before
January 31, 1985 its | ||
recommendations for the qualification of teachers of
bilingual | ||
education and for the qualification of teachers of English as a
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second language. Said qualification program shall take effect | ||
no later than
August 31, 1985.
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Beginning July 1, 2001, the State Board of Education shall |
implement a test
or
tests to assess the speaking, reading, | ||
writing, and grammar skills of
applicants for a
certificate | ||
issued under this Section in the English language and in the
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language of the
transitional bilingual education program | ||
requested by the applicant and shall
establish
appropriate fees | ||
for these tests. The State Board of Education, in
consultation | ||
with the
Certification Board, shall promulgate rules to | ||
implement the required tests,
including
specific provisions to | ||
govern test selection, test validation,
determination of a | ||
passing
score, administration of the test or tests, frequency | ||
of administration,
applicant fees,
identification requirements | ||
for test takers, frequency of applicants taking the
tests, the
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years for which a score is valid, waiving tests for individuals | ||
who have
satisfactorily
passed other tests, and the | ||
consequences of dishonest conduct in the
application for or
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taking of the tests.
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If the qualifications of an applicant for a certificate | ||
valid for
teaching in transitional bilingual education | ||
programs in all grades of the
common schools do not meet the | ||
requirements established for the issuance of
that certificate, | ||
the Certification Board nevertheless shall issue the
applicant | ||
a substitute teacher's certificate under Section 21-9
whenever | ||
it appears from the face of the
application submitted for | ||
certification as a teacher of transitional
bilingual education | ||
and the evidence presented in support thereof that the
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applicant's qualifications meet the requirements established |
for the
issuance of a certificate under Section 21-9; provided, | ||
that if it
does not appear from the face of such application | ||
and supporting evidence
that the applicant is qualified for | ||
issuance of a certificate under Section
21-9 the Certification | ||
Board shall evaluate the application with
reference to the | ||
requirements for issuance of certificates under Section
21-9 | ||
and shall inform the applicant, at the time it denies the
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application submitted for
certification as a teacher of | ||
transitional bilingual education, of the
additional | ||
qualifications which the applicant must possess in order to | ||
meet
the requirements established for issuance of (i) a | ||
certificate valid for
teaching in transitional bilingual | ||
education programs in all grades of the
common schools and (ii) | ||
a substitute teacher's certificate under Section 21-9.
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(Source: P.A. 91-370, eff. 7-30-99.)
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(105 ILCS 5/18-9) (from Ch. 122, par. 18-9)
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Sec. 18-9. Requirement for special equalization and | ||
supplementary
State aid.
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(a) Any school district claiming an equalization quota may
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not increase its annual net cash balance in the educational | ||
fund for the
fiscal school year by failing to expend for | ||
educational purposes the
total of (1) the general grant, (2) | ||
the equalization quota, and (3) the
amount determined by | ||
applying the qualifying rate to the equalized
assessed | ||
valuation of the district. Any district which increases such
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annual net cash balance by failing to expend the amount | ||
received from
the sum of (1) the general grant, (2) the | ||
equalization quota, and (3)
the amount determined by applying | ||
the qualifying rate to the equalized
assessed valuation of the | ||
district, shall have its next claim for an
equalization quota | ||
reduced in an amount equal to the difference between
its | ||
expenditures for educational purposes and that sum.
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Current expenditures made in any district receiving a | ||
special
equalization quota and governed by a board of directors | ||
must be approved
in advance by the regional superintendent.
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If, as a result of tax objections based on inequities of | ||
assessment,
a final decision of any court, entered not more | ||
than one year before or
3 years after August 26, 1963, reduces | ||
the taxes received by the
educational fund of a school | ||
district, for any given year, in an amount
equal to or more | ||
than 3% of the total amount of taxes extended for
educational | ||
purposes of the district, that district may amend its claim
for | ||
equalization aid for that year by adding thereto an amount
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determined by multiplying the deficiency in tax receipts by a | ||
percentage
computed by dividing the tax rate required in | ||
Section 18-8 to receive
an equalization quota by the tax rate | ||
originally extended for
educational purposes. The amended | ||
claim including any additional monies
to which the district may | ||
be entitled shall be filed within three years
of the date of | ||
such decision and the additional amount paid as
supplementary | ||
state equalization aid.
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(b) Any elementary, high school or unit district which for | ||
the year
1971, as compared to the year 1970, has a decrease of | ||
more than 40% in
the value of all its taxable property as | ||
equalized or assessed by the
Department of Revenue, shall be | ||
entitled to file a
claim for supplementary State aid with the | ||
Office of the State
Superintendent of Education. The amount of | ||
such aid shall be determined
by multiplying the amount of the | ||
decrease in the value of the district's
taxable property times | ||
the total of the 1972 tax rates for school
purposes less the | ||
sum of the district's qualifying tax rates for
educational and | ||
transportation purposes extended by such district. Such
claims | ||
shall be filed on forms prescribed by the Superintendent, and | ||
the
Superintendent upon receipt of such claims shall adjust the | ||
claim of
each such district in accordance with the provisions | ||
of this Section.
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(c) Where property comprising an aggregate assessed | ||
valuation equal to
3%
or more of the total assessed valuation | ||
of all taxable property in the
district is owned by a person or | ||
corporation who is the subject of
bankruptcy proceedings or has | ||
been adjudged a bankrupt and, as a result
thereof, has not paid | ||
taxes on that property for 2 or more years, that
district may | ||
amend its claim back to the inception of such bankruptcy,
not | ||
to exceed 6 years, in which time such taxes were not paid and | ||
for
each succeeding year that such taxes remain unpaid by | ||
adding to that
claim an amount determined by multiplying the | ||
assessed valuation of the
property on which taxes have not been |
paid due to bankruptcy by the tax
rate required in Section 18-8 | ||
to receive an equalization quota or after
July 1, 1973, by the | ||
district's operating tax rate for general state aid
purposes. | ||
If at any time a district which receives additional State aid
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under the provisions of this paragraph receives tax revenue | ||
from such
property for the years that taxes were not paid, its | ||
next claim for
State aid shall be reduced in an amount equal to | ||
the taxes paid on such
property, not to exceed the additional | ||
State aid received under the
provisions of this subsection (c). | ||
Such claims shall be filed
on forms
prescribed by the | ||
Superintendent, and the Superintendent upon receipt of
such | ||
claims shall adjust the claim of each such district in | ||
accordance
with the provisions of this subsection (c).
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(d) If property comprising an aggregate assessed valuation | ||
equal to 6% or
more
of the total assessed valuation of all | ||
taxable property in a school district is
owned by a
person or | ||
corporation that is the subject of bankruptcy proceedings or | ||
that has
been
adjudged bankrupt and, as a result thereof, has | ||
not paid taxes on the
property, then the
district may amend its | ||
general State aid claim (i) back to the inception of the
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bankruptcy,
not to exceed 6 years, in which time those taxes | ||
were not paid and (ii) for
each
succeeding year that those | ||
taxes remain unpaid, by adding to the claim an
amount
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determined by multiplying the assessed valuation of the | ||
property on which taxes
have not
been paid due to the | ||
bankruptcy by the lesser of the total tax rate for the
district |
for the
tax year for which the taxes are unpaid or the | ||
applicable rate used in
calculating the
district's general | ||
State aid under paragraph (3) of subsection (D) of Section
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18-8.05 of
this Code. If at any time a district that receives | ||
additional State aid under
this Section
subsection
(d) receives | ||
tax revenue from the property for the years that taxes were not
| ||
paid, the
district's next claim for State aid shall be reduced | ||
in an amount equal to the
taxes paid on
the property, not to | ||
exceed the additional State aid received under this Section
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subsection (d) .
Claims under this Section
subsection (d) shall | ||
be filed on forms prescribed by the
State
Superintendent of | ||
Education, and the State Superintendent of Education, upon
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receipt of
a claim, shall adjust the claim in accordance with | ||
the provisions of this Section
subsection (d) .
Supplementary | ||
State aid for each succeeding year under this Section
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subsection (d)
shall be paid
beginning with the first general | ||
State aid claim paid after the district has
filed a
completed | ||
claim in accordance with this Section
subsection (d) .
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(Source: P.A. 92-661, eff. 7-16-02.)
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(105 ILCS 5/18-11) (from Ch. 122, par. 18-11)
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Sec. 18-11. Payment of claims.
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(a) As
Except as provided in subsection (b) of this | ||
Section, and except as
provided in subsection (c) of this | ||
Section with respect to payments made under
Sections 18-8 | ||
through 18-10 for fiscal year 1994 only, as soon as may
be |
after the 10th and 20th days of each of the months of August | ||
through the
following July if moneys are available in the | ||
common school fund
in the State treasury for payments under | ||
Sections 18-8.05
18-8 through 18-9
18-10 the State
Comptroller | ||
shall draw his warrants upon the State Treasurer as directed by
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the State Board of Education pursuant to Section 2-3.17b and
in | ||
accordance with the transfers from the General Revenue Fund to | ||
the
Common School Fund as specified in Section 8a of the State | ||
Finance Act.
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Each such semimonthly warrant shall
be in an amount equal | ||
to 1/24 of the total amount to be distributed to school
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districts for the fiscal year.
The amount of payments made in | ||
July of each year shall be
considered as payments for claims | ||
covering the school year that commenced
during the immediately | ||
preceding calendar year.
If the payments provided for under | ||
Sections 18-8.05
18-8 through 18-9
18-10 have been
assigned as | ||
security for State aid anticipation certificates pursuant to
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Section 18-18, the State Board of Education shall pay the | ||
appropriate amount of
the payment, as specified in the | ||
notification required by Section 18-18,
directly to the | ||
assignee.
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(b) (Blank).
As soon as may be after the 10th and 20th days | ||
of each of the months
of June, 1982 through July, 1983, if | ||
moneys are available in the Common
School Fund in the State | ||
treasury for payments under Sections 18-8 through
18-10, the | ||
State Comptroller shall draw his warrants upon the State |
Treasurer
proportionate for the various counties payable to the | ||
regional
superintendent of schools in accordance with the | ||
transfers from the General
Revenue Fund to the Common School | ||
Fund as specified in Section 8a of
the State Finance Act.
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Each such semimonthly warrant for the months of June and | ||
July, 1982 shall
be in an amount equal to 1/24 of the total | ||
amount to be distributed to school
districts by the regional | ||
superintendent for school year 1981-1982.
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Each such semimonthly warrant for the months of August, | ||
1982 through July,
1983 shall be in an amount equal to 1/24 of | ||
the total amount to be distributed
to school districts by the | ||
regional superintendent for school year 1982-1983.
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The State Superintendent of Education shall, from monies | ||
appropriated for
such purpose, compensate districts for | ||
interest lost arising from the
change in payments in June, 1982 | ||
to payments in the months of June and July,
1982, for claims | ||
arising from school year 1981-1982. The amount appropriated
for | ||
such purpose shall be based upon the Prime Commercial Rate in | ||
effect
May 15, 1982. The amount of such compensation shall be | ||
equal to the ratio
of the district's net State aid entitlement | ||
for school year 1981-1982 divided
by the total net State aid | ||
entitlement times the funds appropriated for
such purpose. | ||
Payment in full of the amount of compensation derived from
the | ||
computation required in the preceding sentence shall be made as | ||
soon
as may be after July 1, 1982 upon warrants payable to the | ||
several regional
superintendents of schools.
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The State Superintendent of Education shall, from monies | ||
appropriated for
such purpose, compensate districts for | ||
interest lost arising from the change
in payments in June, 1983 | ||
to payments in the months of June and July, 1983,
for claims | ||
arising from school year 1982-1983. The amount appropriated
for | ||
such purpose shall be based upon an interest rate of no less | ||
than 15
per cent or the Prime Commercial Rate in effect May 15, | ||
1983, whichever
is greater. The amount of such compensation | ||
shall be equal to the ratio
of the district's net State aid | ||
entitlement for school year 1982-1983 divided
by the total net | ||
State aid entitlement times the funds appropriated for
such | ||
purpose. Payment in full of the amount of compensation derived | ||
from
the computation required in the preceding sentence shall | ||
be made as soon as
may be after July 1, 1983 upon warrants | ||
payable to the several regional
superintendents of schools.
| ||
The State Superintendent of Education shall, from monies | ||
appropriated
for such purpose, compensate districts for | ||
interest lost arising from the
change in payments in June, 1992 | ||
and each year thereafter to payments in the
months of June and | ||
July, 1992 and each year thereafter. The amount
appropriated | ||
for such purpose shall be based upon the Prime Commercial Rate
| ||
in effect June 15, 1992 and June 15 annually thereafter. The | ||
amount of
such compensation shall be equal to the ratio of the | ||
district's net State
aid entitlement divided by the total net | ||
State aid entitlement times the
amount of funds appropriated | ||
for such purpose. Payment of the compensation
shall be made as |
soon as may be after July 1 upon warrants payable
to the | ||
several regional superintendents of schools.
| ||
The regional superintendents shall make payments to their | ||
respective school
districts as soon as may be after receipt of | ||
the warrants unless the payments
have been assigned as security | ||
for State aid anticipation certificates pursuant
to Section | ||
18-18. If such an assignment has been made, the regional
| ||
superintendent shall, as soon as may be after receipt of the | ||
warrants, pay
the appropriate amount of the payment as | ||
specified in the notification
required by Section 18-18, | ||
directly to the assignee.
| ||
As used in this Section, "Prime Commercial Rate" means such | ||
prime rate
as from time to time is publicly announced by the | ||
largest commercial banking
institution in this State, measured | ||
in terms of total assets.
| ||
(c) (Blank).
With respect to all school districts but for | ||
fiscal year 1994 only,
as soon as may be after the 10th and | ||
20th days of August, 1993 and as soon as
may be after the 10th | ||
and 20th days of each of the months of
October, 1993 through | ||
July, 1994 if moneys are available in the Common School
Fund in
| ||
the State treasury for payments under Sections 18-8 through | ||
18-10, the
State Comptroller shall draw his warrants upon the | ||
State Treasurer as
directed
by the State Board of Education in | ||
accordance with transfers from the General Revenue
Fund to the | ||
Common School Fund as specified in Section 8a of the State
| ||
Finance Act. The warrant for the 10th
day of August, 1993 and |
each semimonthly warrant for the months of October,
1993 | ||
through July, 1994 shall be in an amount equal to 1/24 of the | ||
total amount
to be distributed to that school district
for
| ||
fiscal year 1994, and the warrant for the 20th day of August, | ||
1993 shall be in
an
amount equal to 3/24 of that total. The | ||
amount of payments made in July of
1994 shall be considered as | ||
payments for claims covering the school
year that commenced | ||
during the immediately preceding calendar year.
| ||
(Source: P.A. 87-14; 87-887; 87-895; 88-45; 88-89; 88-641, eff. | ||
9-9-94.)
| ||
(105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
| ||
(Text of Section before amendment by P.A. 94-916 )
| ||
Sec. 26-3a. Report of pupils no longer enrolled in school.
| ||
The clerk or secretary of the school board of all school | ||
districts shall
furnish quarterly on the first school day of | ||
October, January, April and
July to the regional superintendent | ||
a list of pupils, excluding
transferees, who have been expelled | ||
or have withdrawn or who have left
school and have been removed | ||
from the regular attendance rolls during the
period of time | ||
school was in regular session from the time of the previous
| ||
quarterly report. Such list shall include the names and | ||
addresses of pupils
formerly in attendance, the names and | ||
addresses of persons having custody
or control of such pupils, | ||
the reason, if known, such pupils are no longer
in attendance | ||
and the date of removal from the attendance rolls. The
regional |
superintendent shall inform the county or district truant | ||
officer
who shall investigate to see that such pupils are in | ||
compliance with the
requirements of this Article.
| ||
In addition, the regional superintendent of schools of each | ||
educational
service region shall report to the State Board of | ||
Education, in January of
1992 and in January of each year | ||
thereafter, the number and ages of
dropouts, as defined in | ||
Section 26-2a, in his educational service region
during the | ||
school year that ended in the immediately preceding calendar
| ||
year, together with any efforts, activities and programs | ||
undertaken,
established, implemented or coordinated by the | ||
regional superintendent of
schools that have been effective in | ||
inducing dropouts to re-enroll in school.
| ||
(Source: P.A. 87-303.)
| ||
(Text of Section after amendment by P.A. 94-916 )
| ||
Sec. 26-3a. Report of pupils no longer enrolled in school.
| ||
The clerk or secretary of the school board of all school | ||
districts shall
furnish quarterly on the first school day of | ||
October, January, April and
July to the regional superintendent | ||
and to the Secretary of State a list of pupils, excluding
| ||
transferees, who have been expelled or have withdrawn or who | ||
have left
school and have been removed from the regular | ||
attendance rolls during the
period of time school was in | ||
regular session from the time of the previous
quarterly report. | ||
Such list shall include the names and addresses of pupils
|
formerly in attendance, the names and addresses of persons | ||
having custody
or control of such pupils, the reason, if known, | ||
such pupils are no longer
in attendance and the date of removal | ||
from the attendance rolls. The list shall also include the | ||
names of: pupils whose withdrawal is due to extraordinary | ||
circumstances, including but not limited to economic or medical | ||
necessity or family hardship, as determined by the criteria | ||
established by the school district; pupils who have re-enrolled | ||
in school since their names were removed from the attendance | ||
rolls; any pupil certified to be a chronic or habitual truant, | ||
as defined in Section 26-2a; and pupils previously certified as | ||
chronic or habitual truants who have resumed regular school | ||
attendance. The
regional superintendent shall inform the | ||
county or district truant officer
who shall investigate to see | ||
that such pupils are in compliance with the
requirements of | ||
this Article.
| ||
Each local school district shall establish, in writing, a | ||
set of criteria for use by the local superintendent of schools | ||
in determining whether a pupil's failure to attend school is | ||
the result of extraordinary circumstances, including but not | ||
limited to economic or medical necessity or family hardship. | ||
If a pupil re-enrolls in school after his or her name was | ||
removed from the attendance rolls or resumes regular attendance | ||
after being certified a chronic or habitual truant, the pupil | ||
must obtain and forward to the Secretary of State, on a form | ||
designated by the Secretary of State, verification of his or |
her re-enrollment. The verification may be in the form of a | ||
signature or seal or in any other form determined by the school | ||
board.
| ||
In addition, the regional superintendent of schools of each | ||
educational
service region shall report to the State Board of | ||
Education, in January of
1992 and in January of each year | ||
thereafter, the number and ages of
dropouts, as defined in | ||
Section 26-2a, in his educational service region
during the | ||
school year that ended in the immediately preceding calendar
| ||
year, together with any efforts, activities and programs | ||
undertaken,
established, implemented or coordinated by the | ||
regional superintendent of
schools that have been effective in | ||
inducing dropouts to re-enroll in school. The State Board of | ||
Education shall, if possible, make available to any person, | ||
upon request, a comparison of drop out rates before and after | ||
the effective date of this amendatory Act of the 94th General | ||
Assembly.
| ||
(Source: P.A. 94-916, eff. 7-1-07.)
| ||
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
| ||
Sec. 27-8.1. Health examinations and immunizations.
| ||
(1) In compliance with rules and regulations which the | ||
Department of Public
Health shall promulgate, and except as | ||
hereinafter provided, all children in
Illinois shall have a | ||
health examination as follows: within one year prior to
| ||
entering kindergarten or the first grade of any public, |
private, or parochial
elementary school; upon entering the | ||
fifth and ninth grades of any public,
private, or parochial | ||
school; prior to entrance into any public, private, or
| ||
parochial nursery school; and, irrespective of grade, | ||
immediately prior to or
upon entrance into any public, private, | ||
or parochial school or nursery school,
each child shall present | ||
proof of having been examined in accordance with this
Section | ||
and the rules and regulations promulgated hereunder.
| ||
A tuberculosis skin test screening shall be included as a | ||
required part of
each health examination included under this | ||
Section if the child resides in an
area designated by the | ||
Department of Public Health as having a high incidence
of | ||
tuberculosis. Additional health examinations of pupils, | ||
including vision examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo vision examinations at the same points | ||
in time required for health
examinations.
| ||
(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second and sixth grades of | ||
any public, private, or parochial school shall have a dental | ||
examination. Each of these children shall present proof of | ||
having been examined by a dentist in accordance with this | ||
Section and rules adopted under this Section before May 15th of | ||
the school year. If a child in the second or sixth grade fails | ||
to present proof by May 15th, the school may hold the child's |
report card until one of the following occurs: (i) the child | ||
presents proof of a completed dental examination or (ii) the | ||
child presents proof that a dental examination will take place | ||
within 60 days after May 15th. The Department of Public Health | ||
shall establish, by rule, a waiver for children who show an | ||
undue burden or a lack of access to a dentist. Each public, | ||
private, and parochial school must give notice of this dental | ||
examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
| ||
(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include the | ||
collection of data relating to obesity ,
( including at a | ||
minimum, date of birth, gender, height, weight, blood pressure, | ||
and date of exam ) ,
and a dental examination and may recommend | ||
by rule that certain additional examinations be performed.
The | ||
rules and regulations of the Department of Public Health shall | ||
specify that
a tuberculosis skin test screening shall be | ||
included as a required part of each
health examination included | ||
under this Section if the child resides in an area
designated | ||
by the Department of Public Health as having a high incidence | ||
of
tuberculosis.
The Department of Public Health shall specify | ||
that a diabetes
screening as defined by rule shall be included | ||
as a required part of each
health examination.
Diabetes testing | ||
is not required.
| ||
Physicians licensed to practice medicine in all of its |
branches, advanced
practice nurses who have a written | ||
collaborative agreement with
a collaborating physician which | ||
authorizes them to perform health
examinations, or physician | ||
assistants who have been delegated the
performance of health | ||
examinations by their supervising physician
shall be
| ||
responsible for the performance of the health examinations, | ||
other than dental
examinations and vision and hearing | ||
screening, and shall sign all report forms
required by | ||
subsection (4) of this Section that pertain to those portions | ||
of
the health examination for which the physician, advanced | ||
practice nurse, or
physician assistant is responsible.
If a | ||
registered
nurse performs any part of a health examination, | ||
then a physician licensed to
practice medicine in all of its | ||
branches must review and sign all required
report forms. | ||
Licensed dentists shall perform all dental examinations and
| ||
shall sign all report forms required by subsection (4) of this | ||
Section that
pertain to the dental examinations. Physicians | ||
licensed to practice medicine
in all its branches, or licensed | ||
optometrists, shall perform all vision exams
required by school | ||
authorities and shall sign all report forms required by
| ||
subsection (4) of this Section that pertain to the vision exam. | ||
Vision and
hearing screening tests, which shall not be | ||
considered examinations as that
term is used in this Section, | ||
shall be conducted in accordance with rules and
regulations of | ||
the Department of Public Health, and by individuals whom the
| ||
Department of Public Health has certified.
In these rules and |
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
| ||
parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months."
| ||
(3) Every child shall, at or about the same time as he or | ||
she receives
a health examination required by subsection (1) of | ||
this Section, present
to the local school proof of having | ||
received such immunizations against
preventable communicable | ||
diseases as the Department of Public Health shall
require by | ||
rules and regulations promulgated pursuant to this Section and | ||
the
Communicable Disease Prevention Act.
| ||
(4) The individuals conducting the health examination or | ||
dental examination shall record the
fact of having conducted | ||
the examination, and such additional information as
required, | ||
including for a health examination data relating to obesity ,
| ||
( including at a minimum, date of birth, gender, height, weight, | ||
blood pressure, and date of exam ) , on uniform forms which the | ||
Department of Public Health and the State
Board of Education | ||
shall prescribe for statewide use. The examiner shall
summarize | ||
on the report form any condition that he or she suspects | ||
indicates a
need for special services, including for a health |
examination factors relating to obesity. The individuals | ||
confirming the administration of
required immunizations shall | ||
record as indicated on the form that the
immunizations were | ||
administered.
| ||
(5) If a child does not submit proof of having had either | ||
the health
examination or the immunization as required, then | ||
the child shall be examined
or receive the immunization, as the | ||
case may be, and present proof by October
15 of the current | ||
school year, or by an earlier date of the current school year
| ||
established by a school district. To establish a date before | ||
October 15 of the
current school year for the health | ||
examination or immunization as required, a
school district must | ||
give notice of the requirements of this Section 60 days
prior | ||
to the earlier established date. If for medical reasons one or | ||
more of
the required immunizations must be given after October | ||
15 of the current school
year, or after an earlier established | ||
date of the current school year, then
the child shall present, | ||
by October 15, or by the earlier established date, a
schedule | ||
for the administration of the immunizations and a statement of | ||
the
medical reasons causing the delay, both the schedule and | ||
the statement being
issued by the physician, advanced practice | ||
nurse, physician assistant,
registered nurse, or local health | ||
department that will
be responsible for administration of the | ||
remaining required immunizations. If
a child does not comply by | ||
October 15, or by the earlier established date of
the current | ||
school year, with the requirements of this subsection, then the
|
local school authority shall exclude that child from school | ||
until such time as
the child presents proof of having had the | ||
health examination as required and
presents proof of having | ||
received those required immunizations which are
medically | ||
possible to receive immediately. During a child's exclusion | ||
from
school for noncompliance with this subsection, the child's | ||
parents or legal
guardian shall be considered in violation of | ||
Section 26-1 and subject to any
penalty imposed by Section | ||
26-10. This subsection (5) does not apply to dental | ||
examinations.
| ||
(6) Every school shall report to the State Board of | ||
Education by November
15, in the manner which that agency shall | ||
require, the number of children who
have received the necessary | ||
immunizations and the health examination (other than a dental | ||
examination) as
required, indicating, of those who have not | ||
received the immunizations and
examination as required, the | ||
number of children who are exempt from health
examination and | ||
immunization requirements on religious or medical grounds as
| ||
provided in subsection (8). Every school shall report to the | ||
State Board of Education by June 30, in the manner that the | ||
State Board requires, the number of children who have received | ||
the required dental examination, indicating, of those who have | ||
not received the required dental examination, the number of | ||
children who are exempt from the dental examination on | ||
religious grounds as provided in subsection (8) of this Section | ||
and the number of children who have received a waiver under |
subsection (1.5) of this Section. This reported information | ||
shall be provided to the
Department of Public Health by the | ||
State Board of Education.
| ||
(7) Upon determining that the number of pupils who are | ||
required to be in
compliance with subsection (5) of this | ||
Section is below 90% of the number of
pupils enrolled in the | ||
school district, 10% of each State aid payment made
pursuant to | ||
Section 18-8.05 to the school district for such year may
shall
| ||
be withheld
by the State Board of Education
regional | ||
superintendent until the number of students in compliance with
| ||
subsection (5) is the applicable specified percentage or | ||
higher.
| ||
(8) Parents or legal guardians who object to health
or | ||
dental examinations or any part thereof, or to immunizations, | ||
on religious grounds
shall not be required to submit their | ||
children or wards to the examinations
or immunizations to which | ||
they so object if such parents or legal guardians
present to | ||
the appropriate local school authority a signed statement of
| ||
objection, detailing the grounds for the objection. If the | ||
physical condition
of the child is such that any one or more of | ||
the immunizing agents should not
be administered, the examining | ||
physician, advanced practice nurse, or
physician assistant | ||
responsible for the performance of the
health examination shall | ||
endorse that fact upon the health examination form.
Exempting a | ||
child from the health or dental examination does not exempt the | ||
child from
participation in the program of physical education |
training provided in
Sections 27-5 through 27-7 of this Code.
| ||
(9) For the purposes of this Section, "nursery schools" | ||
means those nursery
schools operated by elementary school | ||
systems or secondary level school units
or institutions of | ||
higher learning.
| ||
(Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; | ||
93-530, eff. 1-1-04; 93-946, eff. 7-1-05; 93-966, eff. 1-1-05; | ||
revised 12-1-05.)
| ||
(105 ILCS 5/34-8) (from Ch. 122, par. 34-8)
| ||
Sec. 34-8. Powers and duties of general superintendent. The | ||
general superintendent of schools shall prescribe and control,
| ||
subject to the approval of the board and to other provisions of | ||
this
Article, the courses of study mandated by State law, | ||
textbooks,
educational apparatus and equipment, discipline in | ||
and conduct of the
schools, and shall perform such other duties | ||
as the board may by rule
prescribe. The superintendent shall | ||
also notify the State Board of
Education, the board and the | ||
chief administrative official, other than the
alleged | ||
perpetrator himself, in the school where the alleged | ||
perpetrator
serves, that any person who is employed in a school | ||
or otherwise comes into
frequent contact with children in the | ||
school has been named as a
perpetrator in an indicated report | ||
filed pursuant to the Abused and
Neglected Child Reporting Act, | ||
approved June 26, 1975, as amended.
| ||
The general superintendent may be granted the authority by |
the board
to hire a specific number of employees to assist in | ||
meeting immediate
responsibilities. Conditions of employment | ||
for such personnel shall not be
subject to the provisions of | ||
Section 34-85.
| ||
The general superintendent may, pursuant to a delegation of | ||
authority by
the board and Section 34-18, approve contracts and | ||
expenditures.
| ||
Pursuant to other provisions of this Article, sites shall | ||
be selected,
schoolhouses located thereon and plans therefor | ||
approved, and textbooks
and educational apparatus and | ||
equipment shall be adopted and purchased
by the board only upon | ||
the recommendation of the general superintendent
of schools or | ||
by a majority vote of the full membership of the board
and, in | ||
the case of textbooks, subject to Article 28 of this Act. The
| ||
board may furnish free textbooks to pupils and may publish its | ||
own
textbooks and manufacture its own apparatus, equipment and | ||
supplies.
| ||
In addition, in January of each year, beginning in 1990,
| ||
the general
superintendent of schools shall report to the State | ||
Board of Education
regional superintendent of
schools of the | ||
educational service region in which the school district
| ||
organized under this Article is located, the number of high | ||
school students
in the district who are enrolled in accredited | ||
courses (for which high
school credit will be awarded upon | ||
successful completion of the courses) at
any community college, | ||
together with the name and number of the course or
courses |
which each such student is taking.
| ||
The general superintendent shall also have the authority to | ||
monitor the
performance of attendance centers, to identify and | ||
place an attendance
center on remediation and probation, and to | ||
recommend to the board that the
attendance center be placed on | ||
intervention and be reconstituted, subject to
the provisions of | ||
Sections 34-8.3 and 8.4.
| ||
The general superintendent, or his or her designee, shall
| ||
conduct an annual evaluation of each principal in the district
| ||
pursuant to guidelines promulgated by the Board and the Board | ||
approved
principal evaluation form. The evaluation
shall be | ||
based on factors, including the following:
(i) student academic | ||
improvement, as defined by the
school improvement plan; (ii) | ||
student absenteeism rates at the school;
(iii) instructional | ||
leadership;
(iv) effective implementation of programs, | ||
policies, or strategies to
improve student academic | ||
achievement; (v) school management;
and (vi) other factors, | ||
including, without limitation, the principal's
communication | ||
skills and ability to create and maintain a
student-centered | ||
learning environment, to develop
opportunities for | ||
professional development, and to encourage parental
| ||
involvement and community partnerships to achieve school | ||
improvement.
| ||
(Source: P.A. 91-622, eff. 8-19-99.)
| ||
(105 ILCS 5/3-14.4 rep.)
|
(105 ILCS 5/3-14.5 rep.)
| ||
(105 ILCS 5/3-14.11 rep.)
| ||
(105 ILCS 5/3-14.19 rep.)
| ||
(105 ILCS 5/3-14.27 rep.)
| ||
(105 ILCS 5/3-15.11 rep.)
| ||
(105 ILCS 5/6-11 rep.)
| ||
(105 ILCS 5/21-19 rep.)
| ||
(105 ILCS 5/29-17 rep.)
| ||
Section 10. The School Code is amended by repealing | ||
Sections 3-14.4, 3-14.5, 3-14.11, 3-14.19, 3-14.27, 3-15.11, | ||
6-11, 21-19, and 29-17. | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|