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92_SB0384eng SB384 Engrossed LRB9204670NTsb 1 AN ACT concerning education. 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 Sections 10-20.5a and 34-18 as follows: 6 (105 ILCS 5/10-20.5a) (from Ch. 122, par. 10-20.5a) 7 Sec. 10-20.5a. Access to high school campus. 8 (a) For school districts maintaining grades 10 9 through 12, to provide, on an equal basis, access to a 10 hightheschool campus and student directory information 11 to the official recruiting representatives of the armed 12 forces of Illinois and the United States for the purpose 13 of informing students of the educational and career 14 opportunities available in the military if the board has 15 provided such access to persons or groups whose purpose 16 is to acquaint students with educational or occupational 17 opportunities available to them. The board is not 18 required to give greater notice regarding the right of 19 access to recruiting representatives than is given to 20 other persons and groups. In this Section, "directory 21 information" means a high school student's name, address, 22 and telephone number. 23 (b) If a student or his or her parent or guardian 24 submits a signed, written request to the high school 25 before the end of the student's sophomore year (or if the 26 student is a transfer student, by another time set by the 27 high school) that indicates that the student or his or 28 her parent or guardian does not want the student's 29 directory information to be provided to official 30 recruiting representatives under subsection (a) of this 31 Section, the high school may not provide access to the SB384 Engrossed -2- LRB9204670NTsb 1 student's directory information to these recruiting 2 representatives. The high school shall notify its 3 students and their parents or guardians of the provisions 4 of this subsection (b). 5 (c) A high school may require official recruiting 6 representatives of the armed forces of Illinois and the 7 United States to pay a fee for copying and mailing a 8 student's directory information in an amount that is not 9 more than the actual costs incurred by the high school. 10 (d) Information received by an official recruiting 11 representative under this Section may be used only to 12 provide information to students concerning educational 13 and career opportunities available in the military and 14 may not be released to a person who is not involved in 15 recruiting students for the armed forces of Illinois or 16 the United States. 17 (Source: P.A. 82-161.) 18 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 19 Sec. 34-18. Powers of the board. The board shall 20 exercise general supervision and jurisdiction over the public 21 education and the public school system of the city, and, 22 except as otherwise provided by this Article, shall have 23 power: 24 1. To make suitable provision for the establishment 25 and maintenance throughout the year or for such portion 26 thereof as it may direct, not less than 9 months, of 27 schools of all grades and kinds, including normal 28 schools, high schools, night schools, schools for 29 defectives and delinquents, parental and truant schools, 30 schools for the blind, the deaf and the crippled, schools 31 or classes in manual training, constructural and 32 vocational teaching, domestic arts and physical culture, 33 vocation and extension schools and lecture courses, and SB384 Engrossed -3- LRB9204670NTsb 1 all other educational courses and facilities, including 2 establishing, equipping, maintaining and operating 3 playgrounds and recreational programs, when such programs 4 are conducted in, adjacent to, or connected with any 5 public school under the general supervision and 6 jurisdiction of the board; provided, however, that in 7 allocating funds from year to year for the operation of 8 all attendance centers within the district, the board 9 shall ensure that supplemental general State aid funds 10 are allocated and applied in accordance with Section 18-8 11 or 18-8.05. To admit to such schools without charge 12 foreign exchange students who are participants in an 13 organized exchange student program which is authorized by 14 the board. The board shall permit all students to enroll 15 in apprenticeship programs in trade schools operated by 16 the board, whether those programs are union-sponsored or 17 not. No student shall be refused admission into or be 18 excluded from any course of instruction offered in the 19 common schools by reason of that student's sex. No 20 student shall be denied equal access to physical 21 education and interscholastic athletic programs supported 22 from school district funds or denied participation in 23 comparable physical education and athletic programs 24 solely by reason of the student's sex. Equal access to 25 programs supported from school district funds and 26 comparable programs will be defined in rules promulgated 27 by the State Board of Education in consultation with the 28 Illinois High School Association. Notwithstanding any 29 other provision of this Article, neither the board of 30 education nor any local school council or other school 31 official shall recommend that children with disabilities 32 be placed into regular education classrooms unless those 33 children with disabilities are provided with 34 supplementary services to assist them so that they SB384 Engrossed -4- LRB9204670NTsb 1 benefit from the regular classroom instruction and are 2 included on the teacher's regular education class 3 register; 4 2. To furnish lunches to pupils, to make a 5 reasonable charge therefor, and to use school funds for 6 the payment of such expenses as the board may determine 7 are necessary in conducting the school lunch program; 8 3. To co-operate with the circuit court; 9 4. To make arrangements with the public or 10 quasi-public libraries and museums for the use of their 11 facilities by teachers and pupils of the public schools; 12 5. To employ dentists and prescribe their duties 13 for the purpose of treating the pupils in the schools, 14 but accepting such treatment shall be optional with 15 parents or guardians; 16 6. To grant the use of assembly halls and 17 classrooms when not otherwise needed, including light, 18 heat, and attendants, for free public lectures, concerts, 19 and other educational and social interests, free of 20 charge, under such provisions and control as the 21 principal of the affected attendance center may 22 prescribe; 23 7. To apportion the pupils to the several schools; 24 provided that no pupil shall be excluded from or 25 segregated in any such school on account of his color, 26 race, sex, or nationality. The board shall take into 27 consideration the prevention of segregation and the 28 elimination of separation of children in public schools 29 because of color, race, sex, or nationality. Except that 30 children may be committed to or attend parental and 31 social adjustment schools established and maintained 32 either for boys or girls only. All records pertaining to 33 the creation, alteration or revision of attendance areas 34 shall be open to the public. Nothing herein shall limit SB384 Engrossed -5- LRB9204670NTsb 1 the board's authority to establish multi-area attendance 2 centers or other student assignment systems for 3 desegregation purposes or otherwise, and to apportion the 4 pupils to the several schools. Furthermore, beginning in 5 school year 1994-95, pursuant to a board plan adopted by 6 October 1, 1993, the board shall offer, commencing on a 7 phased-in basis, the opportunity for families within the 8 school district to apply for enrollment of their children 9 in any attendance center within the school district which 10 does not have selective admission requirements approved 11 by the board. The appropriate geographical area in which 12 such open enrollment may be exercised shall be determined 13 by the board of education. Such children may be admitted 14 to any such attendance center on a space available basis 15 after all children residing within such attendance 16 center's area have been accommodated. If the number of 17 applicants from outside the attendance area exceed the 18 space available, then successful applicants shall be 19 selected by lottery. The board of education's open 20 enrollment plan must include provisions that allow low 21 income students to have access to transportation needed 22 to exercise school choice. Open enrollment shall be in 23 compliance with the provisions of the Consent Decree and 24 Desegregation Plan cited in Section 34-1.01; 25 8. To approve programs and policies for providing 26 transportation services to students. Nothing herein shall 27 be construed to permit or empower the State Board of 28 Education to order, mandate, or require busing or other 29 transportation of pupils for the purpose of achieving 30 racial balance in any school; 31 9. Subject to the limitations in this Article, to 32 establish and approve system-wide curriculum objectives 33 and standards, including graduation standards, which 34 reflect the multi-cultural diversity in the city and are SB384 Engrossed -6- LRB9204670NTsb 1 consistent with State law, provided that for all purposes 2 of this Article courses or proficiency in American Sign 3 Language shall be deemed to constitute courses or 4 proficiency in a foreign language; and to employ 5 principals and teachers, appointed as provided in this 6 Article, and fix their compensation. The board shall 7 prepare such reports related to minimal competency 8 testing as may be requested by the State Board of 9 Education, and in addition shall monitor and approve 10 special education and bilingual education programs and 11 policies within the district to assure that appropriate 12 services are provided in accordance with applicable State 13 and federal laws to children requiring services and 14 education in those areas; 15 10. To employ non-teaching personnel or utilize 16 volunteer personnel for: (i) non-teaching duties not 17 requiring instructional judgment or evaluation of pupils, 18 including library duties; and (ii) supervising study 19 halls, long distance teaching reception areas used 20 incident to instructional programs transmitted by 21 electronic media such as computers, video, and audio, 22 detention and discipline areas, and school-sponsored 23 extracurricular activities. The board may further utilize 24 volunteer non-certificated personnel or employ 25 non-certificated personnel to assist in the instruction 26 of pupils under the immediate supervision of a teacher 27 holding a valid certificate, directly engaged in teaching 28 subject matter or conducting activities; provided that 29 the teacher shall be continuously aware of the 30 non-certificated persons' activities and shall be able to 31 control or modify them. The general superintendent shall 32 determine qualifications of such personnel and shall 33 prescribe rules for determining the duties and activities 34 to be assigned to such personnel; SB384 Engrossed -7- LRB9204670NTsb 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, SB384 Engrossed -8- LRB9204670NTsb 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. (a) To provide, on an equal basis, access to a 25 hightheschool campus and student directory information 26 to the official recruiting representatives of the armed 27 forces of Illinois and the United States for the purposes 28 of informing students of the educational and career 29 opportunities available in the military if the board has 30 provided such access to persons or groups whose purpose 31 is to acquaint students with educational or occupational 32 opportunities available to them. The board is not 33 required to give greater notice regarding the right of 34 access to recruiting representatives than is given to SB384 Engrossed -9- LRB9204670NTsb 1 other persons and groups. In this paragraph 16, 2 "directory information" means a high school student's 3 name, address, and telephone number. 4 (b) If a student or his or her parent or guardian 5 submits a signed, written request to the high school 6 before the end of the student's sophomore year (or if the 7 student is a transfer student, by another time set by the 8 high school) that indicates that the student or his or 9 her parent or guardian does not want the student's 10 directory information to be provided to official 11 recruiting representatives under subsection (a) of this 12 Section, the high school may not provide access to the 13 student's directory information to these recruiting 14 representatives. The high school shall notify its 15 students and their parents or guardians of the provisions 16 of this subsection (b). 17 (c) A high school may require official recruiting 18 representatives of the armed forces of Illinois and the 19 United States to pay a fee for copying and mailing a 20 student's directory information in an amount that is not 21 more than the actual costs incurred by the high school. 22 (d) Information received by an official recruiting 23 representative under this Section may be used only to 24 provide information to students concerning educational 25 and career opportunities available in the military and 26 may not be released to a person who is not involved in 27 recruiting students for the armed forces of Illinois or 28 the United States; 29 17. (a) To sell or market any computer program 30 developed by an employee of the school district, provided 31 that such employee developed the computer program as a 32 direct result of his or her duties with the school 33 district or through the utilization of the school 34 district resources or facilities. The employee who SB384 Engrossed -10- LRB9204670NTsb 1 developed the computer program shall be entitled to share 2 in the proceeds of such sale or marketing of the computer 3 program. The distribution of such proceeds between the 4 employee and the school district shall be as agreed upon 5 by the employee and the school district, except that 6 neither the employee nor the school district may receive 7 more than 90% of such proceeds. The negotiation for an 8 employee who is represented by an exclusive bargaining 9 representative may be conducted by such bargaining 10 representative at the employee's request. 11 (b) For the purpose of this paragraph 17: 12 (1) "Computer" means an internally programmed, 13 general purpose digital device capable of 14 automatically accepting data, processing data and 15 supplying the results of the operation. 16 (2) "Computer program" means a series of coded 17 instructions or statements in a form acceptable to a 18 computer, which causes the computer to process data 19 in order to achieve a certain result. 20 (3) "Proceeds" means profits derived from 21 marketing or sale of a product after deducting the 22 expenses of developing and marketing such product; 23 18. To delegate to the general superintendent of 24 schools, by resolution, the authority to approve 25 contracts and expenditures in amounts of $10,000 or less; 26 19. Upon the written request of an employee, to 27 withhold from the compensation of that employee any dues, 28 payments or contributions payable by such employee to any 29 labor organization as defined in the Illinois Educational 30 Labor Relations Act. Under such arrangement, an amount 31 shall be withheld from each regular payroll period which 32 is equal to the pro rata share of the annual dues plus 33 any payments or contributions, and the board shall 34 transmit such withholdings to the specified labor SB384 Engrossed -11- LRB9204670NTsb 1 organization within 10 working days from the time of the 2 withholding; 3 19a. Upon receipt of notice from the comptroller of 4 a municipality with a population of 500,000 or more that 5 a debt is due and owing the municipality by an employee 6 of the Chicago School Reform Board of Trustees, to 7 withhold, from the compensation of that employee, the 8 amount of the debt that is due and owing and pay the 9 amount withheld to the municipality; provided, however, 10 that the amount deducted from any one salary or wage 11 payment shall not exceed 25% of the net amount of the 12 payment. Before the Board deducts any amount from any 13 salary or wage of an employee under this paragraph, the 14 municipality shall certify that the employee has been 15 afforded an opportunity for a hearing to dispute the debt 16 that is due and owing the municipality. For purposes of 17 this paragraph, "net amount" means that part of the 18 salary or wage payment remaining after the deduction of 19 any amounts required by law to be deducted and "debt due 20 and owing" means (i) a specified sum of money owed to the 21 municipality for city services, work, or goods, after the 22 period granted for payment has expired, or (ii) a 23 specified sum of money owed to the municipality pursuant 24 to a court order or order of an administrative hearing 25 officer after the exhaustion of, or the failure to 26 exhaust, judicial 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 SB384 Engrossed -12- LRB9204670NTsb 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 SB384 Engrossed -13- LRB9204670NTsb 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 SB384 Engrossed -14- LRB9204670NTsb 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. SB384 Engrossed -15- LRB9204670NTsb 1 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95; 2 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff. 3 1-1-98.)