Public Act 093-0003
Public Act 93-0003 of the 93rd General Assembly
Public Act 93-0003
SB19 Enrolled LRB093 02977 NHT 02993 b
AN ACT concerning education, which may be referred to as
the Chicago Education Reform Act of 2003.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Sections 27A-4, 27A-5, 27A-6, 27A-10, 34-8.1, and 34-18 and
adding Section 34-3.5 as follows:
(105 ILCS 5/27A-4)
Sec. 27A-4. General Provisions.
(a) The General Assembly does not intend to alter or
amend the provisions of any court-ordered desegregation plan
in effect for any school district. A charter school shall be
subject to all federal and State laws and constitutional
provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin,
religion, ancestry, marital status, or need for special
education services.
(b) The total number of charter schools operating under
this Article at any one time shall not exceed 60 45. Not
more than 30 15 charter schools shall operate at any one time
in any city having a population exceeding 500,000; not more
than 15 charter schools shall operate at any one time in the
counties of DuPage, Kane, Lake, McHenry, Will, and that
portion of Cook County that is located outside a city having
a population exceeding 500,000, with not more than one
charter school that has been initiated by a board of
education, or by an intergovernmental agreement between or
among boards of education, operating at any one time in the
school district where the charter school is located; and not
more than 15 charter schools shall operate at any one time in
the remainder of the State, with not more than one charter
school that has been initiated by a board of education, or by
an intergovernmental agreement between or among boards of
education, operating at any one time in the school district
where the charter school is located.
For purposes of implementing this Section, the State
Board shall assign a number to each charter submission it
receives under Section 27A-6 for its review and
certification, based on the chronological order in which the
submission is received by it. The State Board shall promptly
notify local school boards when the maximum numbers of
certified charter schools authorized to operate have been
reached.
(c) No charter shall be granted under this Article that
would convert any existing private, parochial, or non-public
school to a charter school.
(d) Enrollment in a charter school shall be open to any
pupil who resides within the geographic boundaries of the
area served by the local school board.
(e) Nothing in this Article shall prevent 2 or more
local school boards from jointly issuing a charter to a
single shared charter school, provided that all of the
provisions of this Article are met as to those local school
boards.
(f) No local school board shall require any employee of
the school district to be employed in a charter school.
(g) No local school board shall require any pupil
residing within the geographic boundary of its district to
enroll in a charter school.
(h) If there are more eligible applicants for enrollment
in a charter school than there are spaces available,
successful applicants shall be selected by lottery. However,
priority shall be given to siblings of pupils enrolled in the
charter school and to pupils who were enrolled in the charter
school the previous school year, unless expelled for cause.
Dual enrollment at both a charter school and a public school
or non-public school shall not be allowed. A pupil who is
suspended or expelled from a charter school shall be deemed
to be suspended or expelled from the public schools of the
school district in which the pupil resides.
(i) (Blank).
(j) Notwithstanding any other provision of law to the
contrary, a school district in a city having a population
exceeding 500,000 shall not have a duty to collectively
bargain with an exclusive representative of its employees
over decisions to grant or deny a charter school proposal
under Section 27A-8 of this Code, decisions to renew or
revoke a charter under Section 27A-9 of this Code, and the
impact of these decisions, provided that nothing in this
Section shall have the effect of negating, abrogating,
replacing, reducing, diminishing, or limiting in any way
employee rights, guarantees, or privileges granted in
Sections 2, 3, 7, 8, 10, 14, and 15 of the Illinois
Educational Labor Relations Act.
(Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99;
91-407, eff. 8-3-99; 92-16, eff. 6-28-01.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A
charter school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this
Article by creating a new school or by converting an existing
public school or attendance center to charter school status.
Beginning on the effective date of this amendatory Act of
the 93rd General Assembly, in all new applications submitted
to the State Board or a local school board to establish a
charter school in a city having a population exceeding
500,000, operation of the charter school shall be limited to
one campus. The changes made to this Section by this
amendatory Act of the 93rd General Assembly do not apply to
charter schools existing or approved on or before the
effective date of this amendatory Act.
(c) A charter school shall be administered and governed
by its board of directors or other governing body in the
manner provided in its charter. The governing body of a
charter school shall be subject to the Freedom of Information
Act and the Open Meetings Act.
(d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of
each charter school's finances shall be conducted annually by
an outside, independent contractor retained by the charter
school.
(g) A charter school shall comply with all provisions of
this Article and its charter. A charter school is exempt
from all other State laws and regulations in the School Code
governing public schools and local school board policies,
except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code
regarding criminal background investigations of
applicants for employment;
(2) Sections 24-24 and 34-84A of the School Code
regarding discipline of students;
(3) The Local Governmental and Governmental
Employees Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act; and
(7) Section 10-17a of the School Code regarding
school report cards.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public
or for-profit or nonprofit private entity for: (i) the use of
a school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity
to manage or operate the school during the period that
commences on the effective date of this amendatory Act of the
93rd General Assembly and concludes at the end of the
2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with
the governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is
established by converting an existing school or attendance
center to charter school status be required to pay rent for
space that is deemed available, as negotiated and provided in
the charter agreement, in school district facilities.
However, all other costs for the operation and maintenance of
school district facilities that are used by the charter
school shall be subject to negotiation between the charter
school and the local school board and shall be set forth in
the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(Source: P.A. 91-407, eff. 8-3-99.)
(105 ILCS 5/27A-6)
Sec. 27A-6. Contract contents; applicability of laws and
regulations.
(a) A certified charter shall constitute a binding
contract and agreement between the charter school and a local
school board under the terms of which the local school board
authorizes the governing body of the charter school to
operate the charter school on the terms specified in the
contract.
(b) Notwithstanding any other provision of this Article,
the certified charter may not waive or release the charter
school from the State goals, standards, and assessments
established pursuant to Section 2-3.64. Beginning with the
2003-2004 school year, the certified charter for a charter
school operating in a city having a population exceeding
500,000 shall require the charter school to administer any
other nationally recognized standardized tests to its
students that the chartering entity administers to other
students, and the results on such tests shall be included in
the chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a
material revision to a previously certified contract or a
renewal shall be made with the approval of both the local
school board and the governing body of the charter school.
(c-5) The proposed contract shall include a provision on
how both parties will address minor violations of the
contract.
(d) The proposed contract between the governing body of
a proposed charter school and the local school board as
described in Section 27A-7 must be submitted to and certified
by the State Board before it can take effect. If the State
Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the
modifications must be consented to by both the governing body
of the charter school and the local school board, and
resubmitted to the State Board for its certification. If the
proposed contract is resubmitted in a form that is not
consistent with this Article, the State Board may refuse to
certify the charter.
The State Board shall assign a number to each submission
or resubmission in chronological order of receipt, and shall
determine whether the proposed contract is consistent with
the provisions of this Article. If the proposed contract
complies, the State Board shall so certify.
(e) No material revision to a previously certified
contract or a renewal shall be effective unless and until the
State Board certifies that the revision or renewal is
consistent with the provisions of this Article.
(Source: P.A. 91-407, eff. 8-3-99.)
(105 ILCS 5/27A-10)
Sec. 27A-10. Employees.
(a) A person shall be deemed to be employed by a charter
school unless a collective bargaining agreement or the
charter school contract otherwise provides.
(b) In all school districts, including special charter
districts and districts located in cities having a population
exceeding 500,000, the local school board shall determine by
policy or by negotiated agreement, if one exists, the
employment status of any school district employees who are
employed by a charter school and who seek to return to
employment in the public schools of the district. Each local
school board shall grant, for a period of up to 5 years, a
leave of absence to those of its teachers who accept
employment with a charter school. At the end of the
authorized leave of absence, the teacher must return to the
school district or resign; provided, however, that if the
teacher chooses to return to the school district, the teacher
must be assigned to a position which requires the teacher's
certification and legal qualifications. The contractual
continued service status and retirement benefits of a teacher
of the district who is granted a leave of absence to accept
employment with a charter school shall not be affected by
that leave of absence.
(c) Charter schools shall employ in instructional
positions, as defined in the charter, individuals who are
certificated under Article 21 of this the School Code or who
possess the following qualifications:
(i) graduated with a bachelor's degree from an
accredited institution of higher learning;
(ii) been employed for a period of at least 5 years
in an area requiring application of the individual's
education;
(iii) passed the tests of basic skills and subject
matter knowledge required by Section 21-1a of the School
Code; and
(iv) demonstrate continuing evidence of
professional growth which shall include, but not be
limited to, successful teaching experience, attendance at
professional meetings, membership in professional
organizations, additional credits earned at institutions
of higher learning, travel specifically for educational
purposes, and reading of professional books and
periodicals.
Charter schools employing individuals without
certification in instructional positions shall provide such
mentoring, training, and staff development for those
individuals as the charter schools determine necessary for
satisfactory performance in the classroom.
Beginning with the 2006-2007 school year, at least 50% of
the individuals employed in instructional positions by a
charter school that is operating in a city having a
population exceeding 500,000 and that is established on or
after the effective date of this amendatory Act of the 93rd
General Assembly shall hold teaching certificates issued
under Article 21 of this Code.
Beginning with the 2006-2007 school year, at least 75% of
the individuals employed in instructional positions by a
charter school that is operating in a city having a
population exceeding 500,000 and that is established before
the effective date of this amendatory Act of the 93rd General
Assembly shall hold teaching certificates issued under
Article 21 of this Code.
Charter schools operating in a city having a population
exceeding 500,000 are exempt from any annual cap on new
participants in an alternative certification program. The
second and third phases of the alternative certification
program may be conducted and completed at the charter school,
and the alternative teaching certificate is valid for 4 years
or the length of the charter (or any extension of the
charter), whichever is longer.
Notwithstanding any other provisions of the School Code,
charter schools may employ non-certificated staff in all
other positions.
(d) A teacher at a charter school may resign his or her
position only if the teacher gives notice of resignation to
the charter school's governing body at least 60 days before
the end of the school term, and the resignation must take
effect immediately upon the end of the school term.
(Source: P.A. 89-450, eff. 4-10-96.)
(105 ILCS 5/34-3.5 new)
Sec. 34-3.5. Partnership agreement on advancing student
achievement; No Child Left Behind Act of 2001.
(a) The General Assembly finds that the Chicago Teachers
Union, the Chicago Board of Education, and the district's
chief executive officer have a common responsibility beyond
their statutory collective bargaining relationship to
institute purposeful education reforms in the Chicago Public
Schools that maximize the number of students in the Chicago
Public Schools who reach or exceed proficiency with regard to
State academic standards and assessments. The General
Assembly further finds that education reform in the Chicago
Public Schools must be premised on a commitment by all
stakeholders to redefine relationships, develop, implement,
and evaluate programs, seek new and additional resources,
improve the value of educational programs to students,
accelerate the quality of teacher training, improve
instructional excellence, and develop and implement
strategies to comply with the federal No Child Left Behind
Act of 2001 (Public Law 107-110).
The Chicago Board of Education and the district's chief
executive officer shall enter into a partnership agreement
with the Chicago Teachers Union to allow the parties to work
together to advance the Chicago Public Schools to the next
level of education reform. This agreement must be entered
into and take effect within 90 days after the effective date
of this amendatory Act of the 93rd General Assembly. As part
of this agreement, the Chicago Teachers Union, the Chicago
Board of Education, and the district's chief executive
officer shall jointly file a report with the General Assembly
at the end of each school year with respect to the nature of
the reforms that the parties have instituted, the effect of
these reforms on student achievement, and any other matters
that the parties deem relevant to evaluating the
effectiveness of the agreement.
(b) Decisions concerning matters of inherent managerial
policy necessary to comply with the federal No Child Left
Behind Act of 2001 (Public Law 107-110), including such areas
of discretion or policy as the functions of the employer, the
standards and delivery of educational services and programs,
the district's overall budget, the district's organizational
structure, student assignment, school choice, and the
selection of new employees and direction of employees, and
the impact of these decisions on individual employees or the
bargaining unit shall be permissive subjects of bargaining
between the educational employer and the exclusive bargaining
representative and are within the sole discretion of the
educational employer to decide to bargain. This subsection
(b) is exclusive of the parties' obligations and
responsibilities under Section 4.5 of the Illinois
Educational Labor Relations Act (provided that any dispute or
impasse that may arise under this subsection (b) shall be
resolved exclusively as set forth in subsection (b) of
Section 12 of the Illinois Educational Labor Relations Act in
lieu of a strike under Section 13 of the Illinois Educational
Labor Relations Act).
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to
supervise the operation of each attendance center. Their
powers and duties shall include but not be limited to the
authority (i) to direct, supervise, evaluate, and suspend
with or without pay or otherwise discipline all teachers,
assistant principals, and other employees assigned to the
attendance center in accordance with board rules and policies
and (ii) to direct all other persons assigned to the
attendance center pursuant to a contract with a third party
to provide services to the school system. The right to
employ, discharge, and layoff shall be vested solely with the
board, provided that decisions to discharge or suspend
non-certified employees, including disciplinary layoffs, and
the termination of certified employees from employment
pursuant to a layoff or reassignment policy are subject to
review under the grievance resolution procedure adopted
pursuant to subsection (c) of Section 10 of the Illinois
Educational Labor Relations Act. The grievance resolution
procedure adopted by the board shall provide for final and
binding arbitration, and, notwithstanding any other provision
of law to the contrary, the arbitrator's decision may include
all make-whole relief, including without limitation
reinstatement. The principal shall fill positions by
appointment as provided in this Section and may make
recommendations to the board regarding the employment,
discharge, or layoff of any individual. The authority of the
principal shall include the authority to direct the hours
during which the attendance center shall be open and
available for use provided the use complies with board rules
and policies, to determine when and what operations shall be
conducted within those hours, and to schedule staff within
those hours. Under the direction of, and subject to the
authority of the principal, the Engineer In Charge shall be
accountable for the safe, economical operation of the plant
and grounds and shall also be responsible for orientation,
training, and supervising the work of Engineers, Trainees,
school maintenance assistants, custodial workers and other
plant operation employees under his or her direction.
There shall be established by the board a system of
semi-annual evaluations conducted by the principal as to
performance of the engineer in charge. Nothing in this
Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall
be given by the principal based on the evaluation conducted
by the principal. An unsatisfactory numerical rating shall
result in disciplinary action, which may include, without
limitation and in the judgment of the principal, loss of
promotion or bidding procedure, reprimand, suspension with or
without pay, or recommended dismissal. The board shall
establish procedures for conducting the evaluation and
reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of,
the principal, the Food Service Manager is responsible at all
times for the proper operation and maintenance of the lunch
room to which he is assigned and shall also be responsible
for the orientation, training, and supervising the work of
cooks, bakers, porters, and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of
semi-annual evaluations conducted by the principal as to the
performance of the food service manager. Nothing in this
Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be
given by the principal based on the evaluation conducted by
the principal. An unsatisfactory numerical rating shall
result in disciplinary action which may include, without
limitation and in the judgment of the principal, loss of
promotion or bidding procedure, reprimand, suspension with or
without pay, or recommended dismissal. The board shall
establish rules for conducting the evaluation and reporting
the results to the food service manager.
Nothing in this Section shall be interpreted to require
the employment or assignment of an Engineer-In-Charge or a
Food Service Manager for each attendance center.
Principals shall be employed to supervise the educational
operation of each attendance center. If a principal is absent
due to extended illness or leave or absence, an assistant
principal may be assigned as acting principal for a period
not to exceed 100 school days. Each principal shall assume
administrative responsibility and instructional leadership,
in accordance with reasonable rules and regulations of the
board, for the planning, operation and evaluation of the
educational program of the attendance center to which he is
assigned. The principal shall submit recommendations to the
general superintendent concerning the appointment, dismissal,
retention, promotion, and assignment of all personnel
assigned to the attendance center; provided, that from and
after September 1, 1989: (i) if any vacancy occurs in a
position at the attendance center or if an additional or new
position is created at the attendance center, that position
shall be filled by appointment made by the principal in
accordance with procedures established and provided by the
Board whenever the majority of the duties included in that
position are to be performed at the attendance center which
is under the principal's supervision, and each such
appointment so made by the principal shall be made and based
upon merit and ability to perform in that position without
regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation
obligations, including but not limited to the Consent Decree
and Desegregation Plan in U.S. v. Chicago Board of Education;
(ii) the principal shall submit recommendations based upon
merit and ability to perform in the particular position,
without regard to seniority or length of service, to the
general superintendent concerning the appointment of any
teacher, teacher aide, counselor, clerk, hall guard, security
guard and any other personnel which is to be made by the
general superintendent whenever less than a majority of the
duties of that teacher, teacher aide, counselor, clerk, hall
guard, and security guard and any other personnel are to be
performed at the attendance center which is under the
principal's supervision; and (iii) subject to law and the
applicable collective bargaining agreements, the authority
and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an
attendance center shall commence immediately upon his or her
appointment as principal of the attendance center, without
regard to the length of time that he or she has been the
principal of that attendance center.
Notwithstanding the existence of any other law of this
State, nothing in this Act shall prevent the board from
entering into a contract with a third party for services
currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each
principal may approve contracts, binding on the board, in the
amount of no more than $10,000, if the contract is endorsed
by the Local School Council.
Unless otherwise prohibited by law or by rule of the
board, the principal shall provide to local school council
members copies of all internal audits and any other pertinent
information generated by any audits or reviews of the
programs and operation of the attendance center.
Each principal shall hold a valid administrative
certificate issued or exchanged in accordance with Article 21
and endorsed as required by that Article for the position of
principal. The board may establish or impose academic,
educational, examination, and experience requirements and
criteria that are in addition to those established and
required by Article 21 for issuance of a valid certificate
endorsed for the position of principal as a condition of the
nomination, selection, appointment, employment, or continued
employment of a person as principal of any attendance center,
or as a condition of the renewal of any principal's
performance contract.
The board shall specify in its formal job description for
principals, and from and after July 1, 1990 shall specify in
the 4 year performance contracts for use with respect to all
principals, that his or her primary responsibility is in the
improvement of instruction. A majority of the time spent by
a principal shall be spent on curriculum and staff
development through both formal and informal activities,
establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents
and teachers. The principal, with the assistance of the
local school council, shall develop a school improvement plan
as provided in Section 34-2.4 and, upon approval of the plan
by the local school council, shall be responsible for
directing implementation of the plan. The principal, with the
assistance of the Professional Personnel Advisory Committee,
shall develop the specific methods and contents of the
school's curriculum within the board's system-wide curriculum
standards and objectives and the requirements of the school
improvement plan. The board shall ensure that all principals
are evaluated on their instructional leadership ability and
their ability to maintain a positive education and learning
climate. It shall also be the responsibility of the
principal to utilize resources of proper law enforcement
agencies when the safety and welfare of students and teachers
are threatened by illegal use of drugs and alcohol, by
illegal use or possession of weapons, or by illegal gang
activity.
On or before October 1, 1989, the Board of Education, in
consultation with any professional organization representing
principals in the district, shall promulgate rules and
implement a lottery for the purpose of determining whether a
principal's existing performance contract (including the
performance contract applicable to any principal's position
in which a vacancy then exists) expires on June 30, 1990 or
on June 30, 1991, and whether the ensuing 4 year performance
contract begins on July 1, 1990 or July 1, 1991. The Board of
Education shall establish and conduct the lottery in such
manner that of all the performance contracts of principals
(including the performance contracts applicable to all
principal positions in which a vacancy then exists), 50% of
such contracts shall expire on June 30, 1990, and 50% shall
expire on June 30, 1991. All persons serving as principal on
May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a
manner other than as provided by Section 34-2.3, shall be
deemed by operation of law to be serving under a performance
contract which expires on June 30, 1990 or June 30, 1991; and
unless such performance contract of any such principal is
renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34-2.2 or
34-2.3, the employment of such person as principal shall
terminate on June 30, 1990 or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and
thereafter, the principal of each attendance center shall be
the person selected in the manner provided by Section 34-2.3
to serve as principal of that attendance center under a 4
year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991,
shall commence on the date specified in the contract, and the
renewal of their performance contracts and the appointment of
principals when their performance contracts are not renewed
shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office of a principal occurs for any reason,
the vacancy shall be filled by the selection of a new
principal to serve under a 4 year performance contract in the
manner provided by Section 34-2.3.
The board of education shall develop and prepare, in
consultation with the organization representing principals, a
performance contract for use at all attendance centers, and
shall furnish the same to each local school council. The
term of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer
pursuant to subdivision 1.5 of Section 34-2.3, in which case
the contract shall be extended for 2 years. The performance
contract of each principal shall consist of the uniform
performance contract, as developed or from time to time
modified by the board, and such additional criteria as are
established by a local school council pursuant to Section
34-2.3 for the performance contract of its principal.
During the term of his or her performance contract, a
principal may be removed only as provided for in the
performance contract except for cause. He or she shall also
be obliged to follow the rules of the board of education
concerning conduct and efficiency.
In the event the performance contract of a principal is
not renewed or a principal is not reappointed as principal
under a new performance contract, or in the event a principal
is appointed to any position of superintendent or higher
position, or voluntarily resigns his position of principal,
his or her employment as a principal shall terminate and such
former principal shall not be reinstated to the position from
which he or she was promoted to principal, except that he or
she, if otherwise qualified and certified in accordance with
Article 21, shall be placed by the board on appropriate
eligibility lists which it prepares for use in the filling of
vacant or additional or newly created positions for teachers.
The principal's total years of service to the board as both a
teacher and a principal, or in other professional capacities,
shall be used in calculating years of experience for purposes
of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is
not renewed or a principal is not reappointed as principal
under a new performance contract, such principal shall be
eligible to continue to receive his or her previously
provided level of health insurance benefits for a period of
90 days following the non-renewal of the contract at no
expense to the principal, provided that such principal has
not retired.
(Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.)
(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 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; and
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; revised 9-24-02.)
Section 10. The Illinois Educational Labor Relations Act
is amended by changing Sections 4.5 and 12 as follows:
(115 ILCS 5/4.5)
Sec. 4.5. Prohibited Subjects of collective bargaining.
(a) Notwithstanding the existence of any other provision
in this Act or other law, collective bargaining between an
educational employer whose territorial boundaries are
coterminous with those of a city having a population in
excess of 500,000 and an exclusive representative of its
employees may shall not include any of the following
subjects:
(1) (Blank). Decisions to grant or deny a charter
school proposal under Section 27A-8 of the Charter
Schools Law, to renew or revoke a charter under Section
27A-9 of the Charter Schools Law, or to grant or deny a
leave of absence to an employee of a school district to
become an employee of a charter school, and the impact of
these decisions on individual employees or the bargaining
unit.
(2) Decisions to contract with a third party for
one or more services otherwise performed by employees in
a bargaining unit and, the procedures for obtaining such
contract or the identity of the third party, and the
impact of these decisions on individual employees or the
bargaining unit.
(3) Decisions to layoff or reduce in force
employees (including but not limited to reserve teachers
or teachers who are no longer on an administrative
payroll) due to lack of work or funds, including but not
limited to decline in student enrollment, change in
subject requirements within the attendance center
organization, closing of an attendance center, or
contracts with third parties for the performance of
services, and the impact of these decisions on individual
employees or the bargaining unit.
(4) Decisions to determine class size, class
staffing and assignment, class schedules, academic
calendar, hours and places of instruction, or pupil
assessment policies, and the impact of these decisions on
individual employees or the bargaining unit.
(5) Decisions concerning use and staffing of
experimental or pilot programs and, decisions concerning
use of technology to deliver educational programs and
services and staffing to provide the technology, and the
impact of these decisions on individual employees or the
bargaining unit.
(b) The subject or matters described in subsection (a)
are permissive prohibited subjects of bargaining between an
educational employer and an exclusive representative of its
employees and, for the purpose of this Act, are within the
sole discretion authority of the educational employer to
decide to bargain, provided that the educational employer is
required to bargain over the impact of a decision concerning
such subject or matter on the bargaining unit upon request by
the exclusive representative. During this bargaining, the
educational employer shall not be precluded from implementing
its decision. If, after a reasonable period of bargaining, a
dispute or impasse exists between the educational employer
and the exclusive representative, the dispute or impasse
shall be resolved exclusively as set forth in subsection (b)
of Section 12 of this Act in lieu of a strike under Section
13 of this Act.
(c) A provision in a collective bargaining agreement
that was rendered null and void because it involved a
prohibited subject of collective bargaining under this
subsection (c) as this subsection (c) existed before the
effective date of this amendatory Act of the 93rd General
Assembly remains null and void and shall not otherwise be
reinstated in any successor agreement unless the educational
employer and exclusive representative otherwise agree to
include an agreement reached on a subject or matter described
in subsection (a) of this Section as subsection (a) existed
before this amendatory Act of the 93rd General Assembly. This
Section shall apply to collective bargaining agreements that
become effective after the effective date of this amendatory
Act of 1995 and shall render a provision involving a
prohibited subject in such agreement null and void.
(Source: P.A. 89-15, eff. 5-30-95.)
(115 ILCS 5/12) (from Ch. 48, par. 1712)
Sec. 12. Impasse procedures.
(a) If the parties engaged in collective bargaining have
not reached an agreement by 90 days before the scheduled
start of the forthcoming school year, the parties shall
notify the Illinois Educational Labor Relations Board
concerning the status of negotiations.
Upon demand of either party, collective bargaining
between the employer and an exclusive bargaining
representative must begin within 60 days of the date of
certification of the representative by the Board, or in the
case of an existing exclusive bargaining representative,
within 60 days of the receipt by a party of a demand to
bargain issued by the other party. Once commenced,
collective bargaining must continue for at least a 60 day
period, unless a contract is entered into.
Except as otherwise provided in subsection (b) of this
Section, if after a reasonable period of negotiation and
within 45 days of the scheduled start of the forth-coming
school year, the parties engaged in collective bargaining
have reached an impasse, either party may petition the Board
to initiate mediation. Alternatively, the Board on its own
motion may initiate mediation during this period. However,
mediation shall be initiated by the Board at any time when
jointly requested by the parties and the services of the
mediators shall continuously be made available to the
employer and to the exclusive bargaining representative for
purposes of arbitration of grievances and mediation or
arbitration of contract disputes. If requested by the
parties, the mediator may perform fact-finding and in so
doing conduct hearings and make written findings and
recommendations for resolution of the dispute. Such
mediation shall be provided by the Board and shall be held
before qualified impartial individuals. Nothing prohibits
the use of other individuals or organizations such as the
Federal Mediation and Conciliation Service or the American
Arbitration Association selected by both the exclusive
bargaining representative and the employer.
If the parties engaged in collective bargaining fail to
reach an agreement within 15 days of the scheduled start of
the forthcoming school year and have not requested mediation,
the Illinois Educational Labor Relations Board shall invoke
mediation.
Whenever mediation is initiated or invoked under this
subsection (a) Section, the parties may stipulate to defer
selection of a mediator in accordance with rules adopted by
the Board.
(b) If, after a period of bargaining of at least 60
days, a dispute or impasse exists between an employer whose
territorial boundaries are coterminous with those of a city
having a population in excess of 500,000 and the exclusive
bargaining representative over a subject or matter set forth
in Section 4.5 of this Act, the parties shall submit the
dispute or impasse to the dispute resolution procedure agreed
to between the parties. The procedure shall provide for
mediation of disputes by a rotating mediation panel and may,
at the request of either party, include the issuance of
advisory findings of fact and recommendations.
(c) The costs of fact finding and mediation shall be
shared equally between the employer and the exclusive
bargaining agent, provided that, for purposes of mediation
under this Act, if either party requests the use of mediation
services from the Federal Mediation and Conciliation Service,
the other party shall either join in such request or bear the
additional cost of mediation services from another source.
(d) Nothing in this Act prevents an employer and an
exclusive bargaining representative from mutually submitting
to final and binding impartial arbitration unresolved issues
concerning the terms of a new collective bargaining
agreement.
(Source: P.A. 86-412.)
Section 90. The State Mandates Act is amended by adding
Section 8.27 as follows:
(30 ILCS 805/8.27 new)
Sec. 8.27. 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 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 4/16/2003
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