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91_HB1830
LRB9102139NTsb
1 AN ACT to amend the School Code by changing Sections
2 10-19, 10-19.1, and 34-18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 10-19, 10-19.1, and 34-18 as follows:
7 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
8 Sec. 10-19. Length of school term - experimental
9 programs. Each school board shall annually prepare a calendar
10 for the school term, specifying the opening and closing dates
11 and providing a minimum term of at least 185 days to insure
12 176 days of actual pupil attendance, computable under Section
13 18-8.05; provided, however 18-8, except that for school years
14 subsequent to the 1998-1999 school year each school board
15 shall annually prepare a calendar for the school term,
16 specifying the opening and closing dates and providing a
17 minimum term to insure a minimum number of days of actual
18 pupil attendance, computable under Section 18-8.05, in
19 accordance with the following schedule:
20 Minimum Number of
21 Days of Actual
22 School Year Minimum Term Pupil Attendance
23 1999-2000 and 189 days 180 days
24 each subsequent
25 school year
26 the 1980-1981 school year only 175 days of actual pupil
27 attendance shall be required because of the closing of
28 schools pursuant to Section 24-2 on January 29, 1981 upon the
29 appointment by the President of that day as a day of
30 thanksgiving for the freedom of the Americans who had been
31 held hostage in Iran.
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1 Any days allowed by law for teachers' institute but not
2 used as such or used as parental institutes as provided in
3 Section 10-22.18d shall increase the minimum term by the
4 school days not so used. Except as provided in Section
5 10-19.1, the board may not extend the school term beyond such
6 closing date unless that extension of term is necessary to
7 provide the minimum number of computable days. In case of
8 such necessary extension school employees shall be paid for
9 such additional time on the basis of their regular contracts.
10 A school board may specify a closing date earlier than that
11 set on the annual calendar when the schools of the district
12 have provided the minimum number of computable days under
13 this Section. Nothing in this Section prevents the board from
14 employing superintendents of schools, principals and other
15 nonteaching personnel for a period of 12 months, or in the
16 case of superintendents for a period in accordance with
17 Section 10-23.8, or prevents the board from employing other
18 personnel before or after the regular school term with
19 payment of salary proportionate to that received for
20 comparable work during the school term.
21 A school board may make such changes in its calendar for
22 the school term as may be required by any changes in the
23 legal school holidays prescribed in Section 24-2. A school
24 board may make changes in its calendar for the school term as
25 may be necessary to reflect the utilization of teachers'
26 institute days as parental institute days as provided in
27 Section 10-22.18d.
28 With the prior approval of the State Board of Education
29 and subject to review by the State Board of Education every 3
30 years, any school board may, by resolution of its board and
31 in agreement with affected exclusive collective bargaining
32 agents, establish experimental educational programs,
33 including but not limited to programs for self-directed
34 learning or outside of formal class periods, which programs
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1 when so approved shall be considered to comply with the
2 requirements of this Section as respects numbers of days of
3 actual pupil attendance and with the other requirements of
4 this Act as respects courses of instruction.
5 (Source: P.A. 86-1250; 87-183.)
6 (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
7 Sec. 10-19.1. Full year school plan. Any school district
8 may, by resolution of its board, operate one or more schools
9 within the district on a full year school plan approved by
10 the State Board of Education. Any board which operates under
11 this Section shall devise a plan so that a student's required
12 attendance in school during a 12 month period shall be for
13 not less than the a minimum number of days term of 180 days
14 of actual pupil attendance required by Section 10-19 for the
15 school year during which that 12 month period commences, plus
16 including not more than 4 institute days; provided, however,
17 that during that a 12 month period a student's required
18 attendance in school, but shall not exceed, nor shall any
19 teacher be required to teach more than, the number of days
20 that is equal to the minimum term required to be provided by
21 Section 10-19 for the school year during which that 12 month
22 period commences 185 days. Under such plan, no teacher shall
23 be required to teach more than 185 days. A calendar of 180
24 days may be established with the approval of the State Board
25 of Education.
26 (Source: P.A. 81-1508.)
27 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
28 Sec. 34-18. Powers of the board. The board shall
29 exercise general supervision and jurisdiction over the public
30 education and the public school system of the city, and,
31 except as otherwise provided by this Article, shall have
32 power:
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1 1. To make suitable provision for the establishment
2 and maintenance throughout the year or for such portion
3 thereof as it may direct, but for not less than the
4 minimum term required by Section 10-19 in order to insure
5 the minimum number of days of actual pupil attendance as
6 required by Section 10-19 9 months, of schools of all
7 grades and kinds, including normal schools, high schools,
8 night schools, schools for defectives and delinquents,
9 parental and truant schools, schools for the blind, the
10 deaf and the crippled, schools or classes in manual
11 training, constructural and vocational teaching, domestic
12 arts and physical culture, vocation and extension schools
13 and lecture courses, and all other educational courses
14 and facilities, including establishing, equipping,
15 maintaining and operating playgrounds and recreational
16 programs, when such programs are conducted in, adjacent
17 to, or connected with any public school under the general
18 supervision and jurisdiction of the board; provided,
19 however, that in allocating funds from year to year for
20 the operation of all attendance centers within the
21 district, the board shall ensure that supplemental
22 general State aid funds are allocated and applied in
23 accordance with Section 18-8 or 18-8.05. To admit to such
24 schools without charge foreign exchange students who are
25 participants in an organized exchange student program
26 which is authorized by the board. The board shall permit
27 all students to enroll in apprenticeship programs in
28 trade schools operated by the board, whether those
29 programs are union-sponsored or not. No student shall
30 be refused admission into or be excluded from any course
31 of instruction offered in the common schools by reason of
32 that student's sex. No student shall be denied equal
33 access to physical education and interscholastic athletic
34 programs supported from school district funds or denied
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1 participation in comparable physical education and
2 athletic programs solely by reason of the student's sex.
3 Equal access to programs supported from school district
4 funds and comparable programs will be defined in rules
5 promulgated by the State Board of Education in
6 consultation with the Illinois High School Association.
7 Notwithstanding any other provision of this Article,
8 neither the board of education nor any local school
9 council or other school official shall recommend that
10 children with disabilities be placed into regular
11 education classrooms unless those children with
12 disabilities are provided with supplementary services to
13 assist them so that they benefit from the regular
14 classroom instruction and are included on the teacher's
15 regular education class register;
16 2. To furnish lunches to pupils, to make a
17 reasonable charge therefor, and to use school funds for
18 the payment of such expenses as the board may determine
19 are necessary in conducting the school lunch program;
20 3. To co-operate with the circuit court;
21 4. To make arrangements with the public or
22 quasi-public libraries and museums for the use of their
23 facilities by teachers and pupils of the public schools;
24 5. To employ dentists and prescribe their duties
25 for the purpose of treating the pupils in the schools,
26 but accepting such treatment shall be optional with
27 parents or guardians;
28 6. To grant the use of assembly halls and
29 classrooms when not otherwise needed, including light,
30 heat, and attendants, for free public lectures, concerts,
31 and other educational and social interests, free of
32 charge, under such provisions and control as the
33 principal of the affected attendance center may
34 prescribe;
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1 7. To apportion the pupils to the several schools;
2 provided that no pupil shall be excluded from or
3 segregated in any such school on account of his color,
4 race, sex, or nationality. The board shall take into
5 consideration the prevention of segregation and the
6 elimination of separation of children in public schools
7 because of color, race, sex, or nationality. Except that
8 children may be committed to or attend parental and
9 social adjustment schools established and maintained
10 either for boys or girls only. All records pertaining to
11 the creation, alteration or revision of attendance areas
12 shall be open to the public. Nothing herein shall limit
13 the board's authority to establish multi-area attendance
14 centers or other student assignment systems for
15 desegregation purposes or otherwise, and to apportion the
16 pupils to the several schools. Furthermore, beginning in
17 school year 1994-95, pursuant to a board plan adopted by
18 October 1, 1993, the board shall offer, commencing on a
19 phased-in basis, the opportunity for families within the
20 school district to apply for enrollment of their children
21 in any attendance center within the school district which
22 does not have selective admission requirements approved
23 by the board. The appropriate geographical area in which
24 such open enrollment may be exercised shall be determined
25 by the board of education. Such children may be admitted
26 to any such attendance center on a space available basis
27 after all children residing within such attendance
28 center's area have been accommodated. If the number of
29 applicants from outside the attendance area exceed the
30 space available, then successful applicants shall be
31 selected by lottery. The board of education's open
32 enrollment plan must include provisions that allow low
33 income students to have access to transportation needed
34 to exercise school choice. Open enrollment shall be in
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1 compliance with the provisions of the Consent Decree and
2 Desegregation Plan cited in Section 34-1.01;
3 8. To approve programs and policies for providing
4 transportation services to students. Nothing herein shall
5 be construed to permit or empower the State Board of
6 Education to order, mandate, or require busing or other
7 transportation of pupils for the purpose of achieving
8 racial balance in any school;
9 9. Subject to the limitations in this Article, to
10 establish and approve system-wide curriculum objectives
11 and standards, including graduation standards, which
12 reflect the multi-cultural diversity in the city and are
13 consistent with State law, provided that for all purposes
14 of this Article courses or proficiency in American Sign
15 Language shall be deemed to constitute courses or
16 proficiency in a foreign language; and to employ
17 principals and teachers, appointed as provided in this
18 Article, and fix their compensation. The board shall
19 prepare such reports related to minimal competency
20 testing as may be requested by the State Board of
21 Education, and in addition shall monitor and approve
22 special education and bilingual education programs and
23 policies within the district to assure that appropriate
24 services are provided in accordance with applicable State
25 and federal laws to children requiring services and
26 education in those areas;
27 10. To employ non-teaching personnel or utilize
28 volunteer personnel for: (i) non-teaching duties not
29 requiring instructional judgment or evaluation of pupils,
30 including library duties; and (ii) supervising study
31 halls, long distance teaching reception areas used
32 incident to instructional programs transmitted by
33 electronic media such as computers, video, and audio,
34 detention and discipline areas, and school-sponsored
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1 extracurricular activities. The board may further utilize
2 volunteer non-certificated personnel or employ
3 non-certificated personnel to assist in the instruction
4 of pupils under the immediate supervision of a teacher
5 holding a valid certificate, directly engaged in teaching
6 subject matter or conducting activities; provided that
7 the teacher shall be continuously aware of the
8 non-certificated persons' activities and shall be able to
9 control or modify them. The general superintendent shall
10 determine qualifications of such personnel and shall
11 prescribe rules for determining the duties and activities
12 to be assigned to such personnel;
13 11. To provide television studio facilities in not
14 to exceed one school building and to provide programs for
15 educational purposes, provided, however, that the board
16 shall not construct, acquire, operate, or maintain a
17 television transmitter; to grant the use of its studio
18 facilities to a licensed television station located in
19 the school district; and to maintain and operate not to
20 exceed one school radio transmitting station and provide
21 programs for educational purposes;
22 12. To offer, if deemed appropriate, outdoor
23 education courses, including field trips within the State
24 of Illinois, or adjacent states, and to use school
25 educational funds for the expense of the said outdoor
26 educational programs, whether within the school district
27 or not;
28 13. During that period of the calendar year not
29 embraced within the regular school term, to provide and
30 conduct courses in subject matters normally embraced in
31 the program of the schools during the regular school term
32 and to give regular school credit for satisfactory
33 completion by the student of such courses as may be
34 approved for credit by the State Board of Education;
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1 14. To insure against any loss or liability of the
2 board, the former School Board Nominating Commission,
3 Local School Councils, the Chicago Schools Academic
4 Accountability Council, or the former Subdistrict
5 Councils or of any member, officer, agent or employee
6 thereof, resulting from alleged violations of civil
7 rights arising from incidents occurring on or after
8 September 5, 1967 or from the wrongful or negligent act
9 or omission of any such person whether occurring within
10 or without the school premises, provided the officer,
11 agent or employee was, at the time of the alleged
12 violation of civil rights or wrongful act or omission,
13 acting within the scope of his employment or under
14 direction of the board, the former School Board
15 Nominating Commission, the Chicago Schools Academic
16 Accountability Council, Local School Councils, or the
17 former Subdistrict Councils; and to provide for or
18 participate in insurance plans for its officers and
19 employees, including but not limited to retirement
20 annuities, medical, surgical and hospitalization benefits
21 in such types and amounts as may be determined by the
22 board; provided, however, that the board shall contract
23 for such insurance only with an insurance company
24 authorized to do business in this State. Such insurance
25 may include provision for employees who rely on treatment
26 by prayer or spiritual means alone for healing, in
27 accordance with the tenets and practice of a recognized
28 religious denomination;
29 15. To contract with the corporate authorities of
30 any municipality or the county board of any county, as
31 the case may be, to provide for the regulation of traffic
32 in parking areas of property used for school purposes, in
33 such manner as is provided by Section 11-209 of The
34 Illinois Vehicle Code, approved September 29, 1969, as
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1 amended;
2 16. To provide, on an equal basis, access to the
3 school campus to the official recruiting representatives
4 of the armed forces of Illinois and the United States for
5 the purposes of informing students of the educational and
6 career opportunities available in the military if the
7 board has provided such access to persons or groups whose
8 purpose is to acquaint students with educational or
9 occupational opportunities available to them. The board
10 is not required to give greater notice regarding the
11 right of access to recruiting representatives than is
12 given to other persons and groups;
13 17. (a) To sell or market any computer program
14 developed by an employee of the school district, provided
15 that such employee developed the computer program as a
16 direct result of his or her duties with the school
17 district or through the utilization of the school
18 district resources or facilities. The employee who
19 developed the computer program shall be entitled to share
20 in the proceeds of such sale or marketing of the computer
21 program. The distribution of such proceeds between the
22 employee and the school district shall be as agreed upon
23 by the employee and the school district, except that
24 neither the employee nor the school district may receive
25 more than 90% of such proceeds. The negotiation for an
26 employee who is represented by an exclusive bargaining
27 representative may be conducted by such bargaining
28 representative at the employee's request.
29 (b) For the purpose of this paragraph 17:
30 (1) "Computer" means an internally programmed,
31 general purpose digital device capable of
32 automatically accepting data, processing data and
33 supplying the results of the operation.
34 (2) "Computer program" means a series of coded
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1 instructions or statements in a form acceptable to a
2 computer, which causes the computer to process data
3 in order to achieve a certain result.
4 (3) "Proceeds" means profits derived from
5 marketing or sale of a product after deducting the
6 expenses of developing and marketing such product;
7 18. To delegate to the general superintendent of
8 schools, by resolution, the authority to approve
9 contracts and expenditures in amounts of $10,000 or less;
10 19. Upon the written request of an employee, to
11 withhold from the compensation of that employee any dues,
12 payments or contributions payable by such employee to any
13 labor organization as defined in the Illinois Educational
14 Labor Relations Act. Under such arrangement, an amount
15 shall be withheld from each regular payroll period which
16 is equal to the pro rata share of the annual dues plus
17 any payments or contributions, and the board shall
18 transmit such withholdings to the specified labor
19 organization within 10 working days from the time of the
20 withholding;
21 19a. Upon receipt of notice from the comptroller of
22 a municipality with a population of 500,000 or more that
23 a debt is due and owing the municipality by an employee
24 of the Chicago School Reform Board of Trustees, to
25 withhold, from the compensation of that employee, the
26 amount of the debt that is due and owing and pay the
27 amount withheld to the municipality; provided, however,
28 that the amount deducted from any one salary or wage
29 payment shall not exceed 25% of the net amount of the
30 payment. Before the Board deducts any amount from any
31 salary or wage of an employee under this paragraph, the
32 municipality shall certify that the employee has been
33 afforded an opportunity for a hearing to dispute the debt
34 that is due and owing the municipality. For purposes of
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1 this paragraph, "net amount" means that part of the
2 salary or wage payment remaining after the deduction of
3 any amounts required by law to be deducted and "debt due
4 and owing" means (i) a specified sum of money owed to the
5 municipality for city services, work, or goods, after the
6 period granted for payment has expired, or (ii) a
7 specified sum of money owed to the municipality pursuant
8 to a court order or order of an administrative hearing
9 officer after the exhaustion of, or the failure to
10 exhaust, judicial review;
11 20. The board is encouraged to employ a sufficient
12 number of certified school counselors to maintain a
13 student/counselor ratio of 250 to 1 by July 1, 1990.
14 Each counselor shall spend at least 75% of his work time
15 in direct contact with students and shall maintain a
16 record of such time;
17 21. To make available to students vocational and
18 career counseling and to establish 5 special career
19 counseling days for students and parents. On these days
20 representatives of local businesses and industries shall
21 be invited to the school campus and shall inform students
22 of career opportunities available to them in the various
23 businesses and industries. Special consideration shall
24 be given to counseling minority students as to career
25 opportunities available to them in various fields. For
26 the purposes of this paragraph, minority student means a
27 person who is:
28 (a) Black (a person having origins in any of
29 the black racial groups in Africa);
30 (b) Hispanic (a person of Spanish or
31 Portuguese culture with origins in Mexico, South or
32 Central America, or the Caribbean islands,
33 regardless of race);
34 (c) Asian American (a person having origins in
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1 any of the original peoples of the Far East,
2 Southeast Asia, the Indian Subcontinent or the
3 Pacific Islands); or
4 (d) American Indian or Alaskan Native (a
5 person having origins in any of the original peoples
6 of North America).
7 Counseling days shall not be in lieu of regular
8 school days;
9 22. To report to the State Board of Education the
10 annual student dropout rate and number of students who
11 graduate from, transfer from or otherwise leave bilingual
12 programs;
13 23. Except as otherwise provided in the Abused and
14 Neglected Child Reporting Act or other applicable State
15 or federal law, to permit school officials to withhold,
16 from any person, information on the whereabouts of any
17 child removed from school premises when the child has
18 been taken into protective custody as a victim of
19 suspected child abuse. School officials shall direct
20 such person to the Department of Children and Family
21 Services, or to the local law enforcement agency if
22 appropriate;
23 24. To develop a policy, based on the current state
24 of existing school facilities, projected enrollment and
25 efficient utilization of available resources, for capital
26 improvement of schools and school buildings within the
27 district, addressing in that policy both the relative
28 priority for major repairs, renovations and additions to
29 school facilities, and the advisability or necessity of
30 building new school facilities or closing existing
31 schools to meet current or projected demographic patterns
32 within the district;
33 25. To make available to the students in every high
34 school attendance center the ability to take all courses
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1 necessary to comply with the Board of Higher Education's
2 college entrance criteria effective in 1993;
3 26. To encourage mid-career changes into the
4 teaching profession, whereby qualified professionals
5 become certified teachers, by allowing credit for
6 professional employment in related fields when
7 determining point of entry on teacher pay scale;
8 27. To provide or contract out training programs
9 for administrative personnel and principals with revised
10 or expanded duties pursuant to this Act in order to
11 assure they have the knowledge and skills to perform
12 their duties;
13 28. To establish a fund for the prioritized special
14 needs programs, and to allocate such funds and other lump
15 sum amounts to each attendance center in a manner
16 consistent with the provisions of part 4 of Section
17 34-2.3. Nothing in this paragraph shall be construed to
18 require any additional appropriations of State funds for
19 this purpose;
20 29. (Blank);
21 30. Notwithstanding any other provision of this Act
22 or any other law to the contrary, to contract with third
23 parties for services otherwise performed by employees,
24 including those in a bargaining unit, and to layoff those
25 employees upon 14 days written notice to the affected
26 employees. Those contracts may be for a period not to
27 exceed 5 years and may be awarded on a system-wide basis;
28 31. To promulgate rules establishing procedures
29 governing the layoff or reduction in force of employees
30 and the recall of such employees, including, but not
31 limited to, criteria for such layoffs, reductions in
32 force or recall rights of such employees and the weight
33 to be given to any particular criterion. Such criteria
34 shall take into account factors including, but not be
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1 limited to, qualifications, certifications, experience,
2 performance ratings or evaluations, and any other factors
3 relating to an employee's job performance; and
4 32. To develop a policy to prevent nepotism in the
5 hiring of personnel or the selection of contractors.
6 The specifications of the powers herein granted are not
7 to be construed as exclusive but the board shall also
8 exercise all other powers that they may be requisite or
9 proper for the maintenance and the development of a public
10 school system, not inconsistent with the other provisions of
11 this Article or provisions of this Code which apply to all
12 school districts.
13 In addition to the powers herein granted and authorized
14 to be exercised by the board, it shall be the duty of the
15 board to review or to direct independent reviews of special
16 education expenditures and services. The board shall file a
17 report of such review with the General Assembly on or before
18 May 1, 1990.
19 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
20 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff.
21 1-1-98.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.