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92_HB6038eng HB6038 Engrossed LRB9215601NTdv 1 AN ACT relating to schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 10-22.34 and 34-18 as follows: 6 (105 ILCS 5/10-22.34) (from Ch. 122, par. 10-22.34) 7 Sec. 10-22.34. Non-certificated personnel. 8 (a) School Boards may employ non-teaching personnel or 9 utilize volunteer personnel for: (1) non-teaching duties not 10 requiring instructional judgment or evaluation of pupils; and 11 (2) supervising study halls, long distance teaching reception 12 areas used incident to instructional programs transmitted by 13 electronic media such as computers, video, and audio, and 14 detention and discipline areas, and school-sponsored 15 extracurricular activities. 16 (b) School boards may further utilize volunteer 17 non-certificated personnel or employ non-certificated 18 personnel to assist in the instruction of pupils under the 19 immediate supervision of a teacher, holding a valid 20 certificate, directly engaged in teaching subject matter or 21 conducting activities. The teacher shall be continuously 22 aware of the non-certificated persons' activities and shall 23 be able to control or modify them. The State Board of 24 Education, in consultation with the State Teacher 25 Certification Board, shall determine qualifications of such 26 personnel and shall prescribe rules for determining the 27 duties and activities to be assigned to such personnel. In 28 the determination of qualifications of such personnel, the 29 State Board of Education shall accept coursework earned in a 30 recognized institution or from an institution of higher 31 learning accredited by the North Central Association or other HB6038 Engrossed -2- LRB9215601NTdv 1 comparable regional accrediting association. 2 (b-5) A school board may utilize volunteer personnel from 3 a regional School Crisis Assistance Team (S.C.A.T.), created 4 as part of the Safe to Learn Program established pursuant to 5 Section 25 of the Illinois Violence Prevention Act of 1995, 6 to provide assistance to schools in times of violence or 7 other traumatic incidents within a school community by 8 providing crisis intervention services to lessen the effects 9 of emotional trauma on individuals and the community. The 10 School Crisis Assistance Team Steering Committee shall 11 determine the qualifications for volunteers. 12 (c) School boards may also employ students holding a 13 bachelor's degree from a recognized institution of higher 14 learning as teaching interns when such students are enrolled 15 in a college or university internship program, which has 16 prior approval by the State Board of Education, in 17 consultation with the State Teacher Certification Board, 18 leading to a masters degree. 19 Regional offices of education have the authority to 20 initiate and collaborate with institutions of higher learning 21 to establish internship programs referenced in this 22 subsection (c). The State Board of Education has 90 days 23 from receiving a written proposal to establish the internship 24 program to seek the State Teacher Certification Board's 25 consultation on the internship program. If the State Board 26 of Education does not consult the State Teacher Certification 27 Board within 90 days, the regional office of education may 28 seek the State Teacher Certification Board's consultation 29 without the State Board of Education's approval. 30 (d) Nothing in this Section shall require constant 31 supervision of a student teacher enrolled in a student 32 teaching course at a college or university, provided such 33 activity has the prior approval of the representative of the 34 higher education institution and teaching plans have HB6038 Engrossed -3- LRB9215601NTdv 1 previously been discussed with and approved by the 2 supervising teacher and further provided that such teaching 3 is within guidelines established by the State Board of 4 Education in consultation with the State Teacher 5 Certification Board. 6 (Source: P.A. 92-200, eff. 1-1-02.) 7 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 8 Sec. 34-18. Powers of the board. The board shall 9 exercise general supervision and jurisdiction over the public 10 education and the public school system of the city, and, 11 except as otherwise provided by this Article, shall have 12 power: 13 1. To make suitable provision for the establishment 14 and maintenance throughout the year or for such portion 15 thereof as it may direct, not less than 9 months, of 16 schools of all grades and kinds, including normal 17 schools, high schools, night schools, schools for 18 defectives and delinquents, parental and truant schools, 19 schools for the blind, the deaf and the crippled, schools 20 or classes in manual training, constructural and 21 vocational teaching, domestic arts and physical culture, 22 vocation and extension schools and lecture courses, and 23 all other educational courses and facilities, including 24 establishing, equipping, maintaining and operating 25 playgrounds and recreational programs, when such programs 26 are conducted in, adjacent to, or connected with any 27 public school under the general supervision and 28 jurisdiction of the board; provided, however, that in 29 allocating funds from year to year for the operation of 30 all attendance centers within the district, the board 31 shall ensure that supplemental general State aid funds 32 are allocated and applied in accordance with Section 18-8 33 or 18-8.05. To admit to such schools without charge HB6038 Engrossed -4- LRB9215601NTdv 1 foreign exchange students who are participants in an 2 organized exchange student program which is authorized by 3 the board. The board shall permit all students to enroll 4 in apprenticeship programs in trade schools operated by 5 the board, whether those programs are union-sponsored or 6 not. No student shall be refused admission into or be 7 excluded from any course of instruction offered in the 8 common schools by reason of that student's sex. No 9 student shall be denied equal access to physical 10 education and interscholastic athletic programs supported 11 from school district funds or denied participation in 12 comparable physical education and athletic programs 13 solely by reason of the student's sex. Equal access to 14 programs supported from school district funds and 15 comparable programs will be defined in rules promulgated 16 by the State Board of Education in consultation with the 17 Illinois High School Association. Notwithstanding any 18 other provision of this Article, neither the board of 19 education nor any local school council or other school 20 official shall recommend that children with disabilities 21 be placed into regular education classrooms unless those 22 children with disabilities are provided with 23 supplementary services to assist them so that they 24 benefit from the regular classroom instruction and are 25 included on the teacher's regular education class 26 register; 27 2. To furnish lunches to pupils, to make a 28 reasonable charge therefor, and to use school funds for 29 the payment of such expenses as the board may determine 30 are necessary in conducting the school lunch program; 31 3. To co-operate with the circuit court; 32 4. To make arrangements with the public or 33 quasi-public libraries and museums for the use of their 34 facilities by teachers and pupils of the public schools; HB6038 Engrossed -5- LRB9215601NTdv 1 5. To employ dentists and prescribe their duties 2 for the purpose of treating the pupils in the schools, 3 but accepting such treatment shall be optional with 4 parents or guardians; 5 6. To grant the use of assembly halls and 6 classrooms when not otherwise needed, including light, 7 heat, and attendants, for free public lectures, concerts, 8 and other educational and social interests, free of 9 charge, under such provisions and control as the 10 principal of the affected attendance center may 11 prescribe; 12 7. To apportion the pupils to the several schools; 13 provided that no pupil shall be excluded from or 14 segregated in any such school on account of his color, 15 race, sex, or nationality. The board shall take into 16 consideration the prevention of segregation and the 17 elimination of separation of children in public schools 18 because of color, race, sex, or nationality. Except that 19 children may be committed to or attend parental and 20 social adjustment schools established and maintained 21 either for boys or girls only. All records pertaining to 22 the creation, alteration or revision of attendance areas 23 shall be open to the public. Nothing herein shall limit 24 the board's authority to establish multi-area attendance 25 centers or other student assignment systems for 26 desegregation purposes or otherwise, and to apportion the 27 pupils to the several schools. Furthermore, beginning in 28 school year 1994-95, pursuant to a board plan adopted by 29 October 1, 1993, the board shall offer, commencing on a 30 phased-in basis, the opportunity for families within the 31 school district to apply for enrollment of their children 32 in any attendance center within the school district which 33 does not have selective admission requirements approved 34 by the board. The appropriate geographical area in which HB6038 Engrossed -6- LRB9215601NTdv 1 such open enrollment may be exercised shall be determined 2 by the board of education. Such children may be admitted 3 to any such attendance center on a space available basis 4 after all children residing within such attendance 5 center's area have been accommodated. If the number of 6 applicants from outside the attendance area exceed the 7 space available, then successful applicants shall be 8 selected by lottery. The board of education's open 9 enrollment plan must include provisions that allow low 10 income students to have access to transportation needed 11 to exercise school choice. Open enrollment shall be in 12 compliance with the provisions of the Consent Decree and 13 Desegregation Plan cited in Section 34-1.01; 14 8. To approve programs and policies for providing 15 transportation services to students. Nothing herein shall 16 be construed to permit or empower the State Board of 17 Education to order, mandate, or require busing or other 18 transportation of pupils for the purpose of achieving 19 racial balance in any school; 20 9. Subject to the limitations in this Article, to 21 establish and approve system-wide curriculum objectives 22 and standards, including graduation standards, which 23 reflect the multi-cultural diversity in the city and are 24 consistent with State law, provided that for all purposes 25 of this Article courses or proficiency in American Sign 26 Language shall be deemed to constitute courses or 27 proficiency in a foreign language; and to employ 28 principals and teachers, appointed as provided in this 29 Article, and fix their compensation. The board shall 30 prepare such reports related to minimal competency 31 testing as may be requested by the State Board of 32 Education, and in addition shall monitor and approve 33 special education and bilingual education programs and 34 policies within the district to assure that appropriate HB6038 Engrossed -7- LRB9215601NTdv 1 services are provided in accordance with applicable State 2 and federal laws to children requiring services and 3 education in those areas; 4 10. To employ non-teaching personnel or utilize 5 volunteer personnel for: (i) non-teaching duties not 6 requiring instructional judgment or evaluation of pupils, 7 including library duties; and (ii) supervising study 8 halls, long distance teaching reception areas used 9 incident to instructional programs transmitted by 10 electronic media such as computers, video, and audio, 11 detention and discipline areas, and school-sponsored 12 extracurricular activities. The board may further utilize 13 volunteer non-certificated personnel or employ 14 non-certificated personnel to assist in the instruction 15 of pupils under the immediate supervision of a teacher 16 holding a valid certificate, directly engaged in teaching 17 subject matter or conducting activities; provided that 18 the teacher shall be continuously aware of the 19 non-certificated persons' activities and shall be able to 20 control or modify them. The general superintendent shall 21 determine qualifications of such personnel and shall 22 prescribe rules for determining the duties and activities 23 to be assigned to such personnel; 24 10.5. To utilize volunteer personnel from a regional 25 School Crisis Assistance Team (S.C.A.T.), created as part 26 of the Safe to Learn Program established pursuant to 27 Section 25 of the Illinois Violence Prevention Act of 28 1995, to provide assistance to schools in times of 29 violence or other traumatic incidents within a school 30 community by providing crisis intervention services to 31 lessen the effects of emotional trauma on individuals and 32 the community; the School Crisis Assistance Team Steering 33 Committee shall determine the qualifications for 34 volunteers; HB6038 Engrossed -8- LRB9215601NTdv 1 11. To provide television studio facilities in not 2 to exceed one school building and to provide programs for 3 educational purposes, provided, however, that the board 4 shall not construct, acquire, operate, or maintain a 5 television transmitter; to grant the use of its studio 6 facilities to a licensed television station located in 7 the school district; and to maintain and operate not to 8 exceed one school radio transmitting station and provide 9 programs for educational purposes; 10 12. To offer, if deemed appropriate, outdoor 11 education courses, including field trips within the State 12 of Illinois, or adjacent states, and to use school 13 educational funds for the expense of the said outdoor 14 educational programs, whether within the school district 15 or not; 16 13. During that period of the calendar year not 17 embraced within the regular school term, to provide and 18 conduct courses in subject matters normally embraced in 19 the program of the schools during the regular school term 20 and to give regular school credit for satisfactory 21 completion by the student of such courses as may be 22 approved for credit by the State Board of Education; 23 14. To insure against any loss or liability of the 24 board, the former School Board Nominating Commission, 25 Local School Councils, the Chicago Schools Academic 26 Accountability Council, or the former Subdistrict 27 Councils or of any member, officer, agent or employee 28 thereof, resulting from alleged violations of civil 29 rights arising from incidents occurring on or after 30 September 5, 1967 or from the wrongful or negligent act 31 or omission of any such person whether occurring within 32 or without the school premises, provided the officer, 33 agent or employee was, at the time of the alleged 34 violation of civil rights or wrongful act or omission, HB6038 Engrossed -9- LRB9215601NTdv 1 acting within the scope of his employment or under 2 direction of the board, the former School Board 3 Nominating Commission, the Chicago Schools Academic 4 Accountability Council, Local School Councils, or the 5 former Subdistrict Councils; and to provide for or 6 participate in insurance plans for its officers and 7 employees, including but not limited to retirement 8 annuities, medical, surgical and hospitalization benefits 9 in such types and amounts as may be determined by the 10 board; provided, however, that the board shall contract 11 for such insurance only with an insurance company 12 authorized to do business in this State. Such insurance 13 may include provision for employees who rely on treatment 14 by prayer or spiritual means alone for healing, in 15 accordance with the tenets and practice of a recognized 16 religious denomination; 17 15. To contract with the corporate authorities of 18 any municipality or the county board of any county, as 19 the case may be, to provide for the regulation of traffic 20 in parking areas of property used for school purposes, in 21 such manner as is provided by Section 11-209 of The 22 Illinois Vehicle Code, approved September 29, 1969, as 23 amended; 24 16. To provide, on an equal basis, access to the 25 school campus to the official recruiting representatives 26 of the armed forces of Illinois and the United States for 27 the purposes of informing students of the educational and 28 career opportunities available in the military if the 29 board has provided such access to persons or groups whose 30 purpose is to acquaint students with educational or 31 occupational opportunities available to them. The board 32 is not required to give greater notice regarding the 33 right of access to recruiting representatives than is 34 given to other persons and groups; HB6038 Engrossed -10- LRB9215601NTdv 1 17. (a) To sell or market any computer program 2 developed by an employee of the school district, provided 3 that such employee developed the computer program as a 4 direct result of his or her duties with the school 5 district or through the utilization of the school 6 district resources or facilities. The employee who 7 developed the computer program shall be entitled to share 8 in the proceeds of such sale or marketing of the computer 9 program. The distribution of such proceeds between the 10 employee and the school district shall be as agreed upon 11 by the employee and the school district, except that 12 neither the employee nor the school district may receive 13 more than 90% of such proceeds. The negotiation for an 14 employee who is represented by an exclusive bargaining 15 representative may be conducted by such bargaining 16 representative at the employee's request. 17 (b) For the purpose of this paragraph 17: 18 (1) "Computer" means an internally programmed, 19 general purpose digital device capable of 20 automatically accepting data, processing data and 21 supplying the results of the operation. 22 (2) "Computer program" means a series of coded 23 instructions or statements in a form acceptable to a 24 computer, which causes the computer to process data 25 in order to achieve a certain result. 26 (3) "Proceeds" means profits derived from 27 marketing or sale of a product after deducting the 28 expenses of developing and marketing such product; 29 18. To delegate to the general superintendent of 30 schools, by resolution, the authority to approve 31 contracts and expenditures in amounts of $10,000 or less; 32 19. Upon the written request of an employee, to 33 withhold from the compensation of that employee any dues, 34 payments or contributions payable by such employee to any HB6038 Engrossed -11- LRB9215601NTdv 1 labor organization as defined in the Illinois Educational 2 Labor Relations Act. Under such arrangement, an amount 3 shall be withheld from each regular payroll period which 4 is equal to the pro rata share of the annual dues plus 5 any payments or contributions, and the board shall 6 transmit such withholdings to the specified labor 7 organization within 10 working days from the time of the 8 withholding; 9 19a. Upon receipt of notice from the comptroller of 10 a municipality with a population of 500,000 or more, a 11 county with a population of 3,000,000 or more, the Cook 12 County Forest Preserve District, the Chicago Park 13 District, the Metropolitan Water Reclamation District, 14 the Chicago Transit Authority, or a housing authority of 15 a municipality with a population of 500,000 or more that 16 a debt is due and owing the municipality, the county, the 17 Cook County Forest Preserve District, the Chicago Park 18 District, the Metropolitan Water Reclamation District, 19 the Chicago Transit Authority, or the housing authority 20 by an employee of the Chicago Board of Education, to 21 withhold, from the compensation of that employee, the 22 amount of the debt that is due and owing and pay the 23 amount withheld to the municipality, the county, the Cook 24 County Forest Preserve District, the Chicago Park 25 District, the Metropolitan Water Reclamation District, 26 the Chicago Transit Authority, or the housing authority; 27 provided, however, that the amount deducted from any one 28 salary or wage payment shall not exceed 25% of the net 29 amount of the payment. Before the Board deducts any 30 amount from any salary or wage of an employee under this 31 paragraph, the municipality, the county, the Cook County 32 Forest Preserve District, the Chicago Park District, the 33 Metropolitan Water Reclamation District, the Chicago 34 Transit Authority, or the housing authority shall certify HB6038 Engrossed -12- LRB9215601NTdv 1 that (i) the employee has been afforded an opportunity 2 for a hearing to dispute the debt that is due and owing 3 the municipality, the county, the Cook County Forest 4 Preserve District, the Chicago Park District, the 5 Metropolitan Water Reclamation District, the Chicago 6 Transit Authority, or the housing authority and (ii) the 7 employee has received notice of a wage deduction order 8 and has been afforded an opportunity for a hearing to 9 object to the order. For purposes of this paragraph, 10 "net amount" means that part of the salary or wage 11 payment remaining after the deduction of any amounts 12 required by law to be deducted and "debt due and owing" 13 means (i) a specified sum of money owed to the 14 municipality, the county, the Cook County Forest Preserve 15 District, the Chicago Park District, the Metropolitan 16 Water Reclamation District, the Chicago Transit 17 Authority, or the housing authority for services, work, 18 or goods, after the period granted for payment has 19 expired, or (ii) a specified sum of money owed to the 20 municipality, the county, the Cook County Forest Preserve 21 District, the Chicago Park District, the Metropolitan 22 Water Reclamation District, the Chicago Transit 23 Authority, or the housing authority pursuant to a court 24 order or order of an administrative hearing officer after 25 the exhaustion of, or the failure to exhaust, judicial 26 review; 27 20. The board is encouraged to employ a sufficient 28 number of certified school counselors to maintain a 29 student/counselor ratio of 250 to 1 by July 1, 1990. 30 Each counselor shall spend at least 75% of his work time 31 in direct contact with students and shall maintain a 32 record of such time; 33 21. To make available to students vocational and 34 career counseling and to establish 5 special career HB6038 Engrossed -13- LRB9215601NTdv 1 counseling days for students and parents. On these days 2 representatives of local businesses and industries shall 3 be invited to the school campus and shall inform students 4 of career opportunities available to them in the various 5 businesses and industries. Special consideration shall 6 be given to counseling minority students as to career 7 opportunities available to them in various fields. For 8 the purposes of this paragraph, minority student means a 9 person who is: 10 (a) Black (a person having origins in any of 11 the black racial groups in Africa); 12 (b) Hispanic (a person of Spanish or 13 Portuguese culture with origins in Mexico, South or 14 Central America, or the Caribbean islands, 15 regardless of race); 16 (c) Asian American (a person having origins in 17 any of the original peoples of the Far East, 18 Southeast Asia, the Indian Subcontinent or the 19 Pacific Islands); or 20 (d) American Indian or Alaskan Native (a 21 person having origins in any of the original peoples 22 of North America). 23 Counseling days shall not be in lieu of regular 24 school days; 25 22. To report to the State Board of Education the 26 annual student dropout rate and number of students who 27 graduate from, transfer from or otherwise leave bilingual 28 programs; 29 23. Except as otherwise provided in the Abused and 30 Neglected Child Reporting Act or other applicable State 31 or federal law, to permit school officials to withhold, 32 from any person, information on the whereabouts of any 33 child removed from school premises when the child has 34 been taken into protective custody as a victim of HB6038 Engrossed -14- LRB9215601NTdv 1 suspected child abuse. School officials shall direct 2 such person to the Department of Children and Family 3 Services, or to the local law enforcement agency if 4 appropriate; 5 24. To develop a policy, based on the current state 6 of existing school facilities, projected enrollment and 7 efficient utilization of available resources, for capital 8 improvement of schools and school buildings within the 9 district, addressing in that policy both the relative 10 priority for major repairs, renovations and additions to 11 school facilities, and the advisability or necessity of 12 building new school facilities or closing existing 13 schools to meet current or projected demographic patterns 14 within the district; 15 25. To make available to the students in every high 16 school attendance center the ability to take all courses 17 necessary to comply with the Board of Higher Education's 18 college entrance criteria effective in 1993; 19 26. To encourage mid-career changes into the 20 teaching profession, whereby qualified professionals 21 become certified teachers, by allowing credit for 22 professional employment in related fields when 23 determining point of entry on teacher pay scale; 24 27. To provide or contract out training programs 25 for administrative personnel and principals with revised 26 or expanded duties pursuant to this Act in order to 27 assure they have the knowledge and skills to perform 28 their duties; 29 28. To establish a fund for the prioritized special 30 needs programs, and to allocate such funds and other lump 31 sum amounts to each attendance center in a manner 32 consistent with the provisions of part 4 of Section 33 34-2.3. Nothing in this paragraph shall be construed to 34 require any additional appropriations of State funds for HB6038 Engrossed -15- LRB9215601NTdv 1 this purpose; 2 29. (Blank); 3 30. Notwithstanding any other provision of this Act 4 or any other law to the contrary, to contract with third 5 parties for services otherwise performed by employees, 6 including those in a bargaining unit, and to layoff those 7 employees upon 14 days written notice to the affected 8 employees. Those contracts may be for a period not to 9 exceed 5 years and may be awarded on a system-wide basis; 10 31. To promulgate rules establishing procedures 11 governing the layoff or reduction in force of employees 12 and the recall of such employees, including, but not 13 limited to, criteria for such layoffs, reductions in 14 force or recall rights of such employees and the weight 15 to be given to any particular criterion. Such criteria 16 shall take into account factors including, but not be 17 limited to, qualifications, certifications, experience, 18 performance ratings or evaluations, and any other factors 19 relating to an employee's job performance; and 20 32. To develop a policy to prevent nepotism in the 21 hiring of personnel or the selection of contractors. 22 The specifications of the powers herein granted are not 23 to be construed as exclusive but the board shall also 24 exercise all other powers that they may be requisite or 25 proper for the maintenance and the development of a public 26 school system, not inconsistent with the other provisions of 27 this Article or provisions of this Code which apply to all 28 school districts. 29 In addition to the powers herein granted and authorized 30 to be exercised by the board, it shall be the duty of the 31 board to review or to direct independent reviews of special 32 education expenditures and services. The board shall file a 33 report of such review with the General Assembly on or before 34 May 1, 1990. HB6038 Engrossed -16- LRB9215601NTdv 1 (Source: P.A. 92-109, eff. 7-20-01.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.