97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3022

 

Introduced 2/23/2011, by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Makes changes concerning the legal adviser of school officers, the teacher supply and demand report, budgets and accounting practices, the new principal mentoring program, reporting on the number of high school students enrolled in courses at a community college, the identification, evaluation, and placement of children with disabilities, State aid claims, and dropouts. Repeals Sections concerning granting and suspending teachers' certificates, visiting charitable institutions, information furnished by regional superintendents, alcohol and substance abuse education and prevention programs, a catalogue of reports, racial reports, the Committee of Cooperative Services, and alternative learning opportunities program funding. Amends the Critical Health Problems and Comprehensive Health Education Act to repeal a Section concerning an advisory committee. Repeals the Chicago Community Schools Study Commission Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.7, 2-3.11c, 2-3.22, 2-3.27, 2-3.53a, 10-21.4, 14-8.02,
618-12, 26-2a, and 34-8 as follows:
 
7    (105 ILCS 5/2-3.7)  (from Ch. 122, par. 2-3.7)
8    Sec. 2-3.7. Legal adviser; opinions of school officers -
9Opinions. To be the legal adviser of regional offices of
10education school officers, and, when requested by any school
11officer, to give an opinion in writing upon any question
12arising under the school laws of the State.
13(Source: P.A. 81-1508.)
 
14    (105 ILCS 5/2-3.11c)
15    Sec. 2-3.11c. Teacher supply and demand report. Through
16January 1, 2009, to report annually, on or before January 1, on
17the relative supply and demand for education staff of the
18public schools to the Governor, to the General Assembly, and to
19institutions of higher education that prepare teachers,
20administrators, school service personnel, other certificated
21individuals, and other professionals employed by school
22districts or joint agreements. After the report due on January

 

 

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11, 2009 is submitted, future reports shall be submitted once
2every 3 years, with the first report being submitted on or
3before January 1, 2012 2011. The report shall contain the
4following information:
5        (1) the relative supply and demand for teachers,
6    administrators, and other certificated and
7    non-certificated personnel by field, content area, and
8    levels;
9        (2) State and regional analyses of fields, content
10    areas, and levels with an over-supply or under-supply of
11    educators; and
12        (3) projections of likely high demand and low demand
13    for educators, in a manner sufficient to advise the public,
14    individuals, and institutions regarding career
15    opportunities in education.
16(Source: P.A. 96-734, eff. 8-25-09.)
 
17    (105 ILCS 5/2-3.22)  (from Ch. 122, par. 2-3.22)
18    Sec. 2-3.22. Withholding school funds or compensation of
19regional superintendent of schools. To require the State
20Comptroller to withhold from the regional superintendent of
21schools the amount due the regional superintendent of schools
22for his compensation, until the reports, statements, books,
23vouchers and other records provided for in Sections 2-3.17,
242-3.17a and 3-15.8 have been furnished.
25(Source: P.A. 88-641, eff. 9-9-94.)
 

 

 

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1    (105 ILCS 5/2-3.27)  (from Ch. 122, par. 2-3.27)
2    Sec. 2-3.27. Budgets and accounting practices-Forms and
3procedures.
4    To formulate and approve forms, procedure and regulations
5for school district accounts and budgets required by this Act
6reflecting the gross amount of income and expenses, receipts
7and disbursements and extending a net surplus or deficit on
8operating items, to advise and assist the officers of any
9district in respect to budgets and accounting practices and in
10the formulation and use of such books, records and accounts or
11other forms as may be required to comply with the provisions of
12this Act; to publish and keep current information pamphlets or
13manuals in looseleaf form relating to budgetary and accounting
14procedure or similar topics; to make all rules and regulations
15as may be necessary to carry into effect the provisions of this
16Act relating to budgetary procedure and accounting, such rules
17and regulations to include but not to be limited to the
18establishment of a decimal classification of accounts; to
19confer with various district, county and State officials or
20take such other action as may be reasonably required to carry
21out the provisions of this Act relating to budgets and
22accounting.
23(Source: Laws 1961, p. 31.)
 
24    (105 ILCS 5/2-3.53a)

 

 

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1    Sec. 2-3.53a. New principal mentoring program.
2    (a) Beginning on July 1, 2007, and subject to an annual
3appropriation by the General Assembly, to establish a new
4principal mentoring program for new principals. Any individual
5who is first hired as a principal on or after July 1, 2007
6shall participate in a new principal mentoring program for the
7duration of his or her first year as a principal and must
8complete the program in accordance with the requirements
9established by the State Board of Education by rule or, for a
10school district created by Article 34 of this Code, in
11accordance with the provisions of Section 34-18.33 34-18.27 of
12this Code. School districts created by Article 34 are not
13subject to the requirements of subsection (b), (c), (d), (e),
14(f), or (g) of this Section. Any individual who is first hired
15as a principal on or after July 1, 2008 may participate in a
16second year of mentoring if it is determined by the State
17Superintendent of Education that sufficient funding exists for
18such participation. The new principal mentoring program shall
19match an experienced principal who meets the requirements of
20subsection (b) of this Section with each new principal in order
21to assist the new principal in the development of his or her
22professional growth and to provide guidance.
23    (b) Any individual who has been a principal in Illinois for
243 or more years and who has demonstrated success as an
25instructional leader, as determined by the State Board by rule,
26is eligible to apply to be a mentor under a new principal

 

 

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1mentoring program. Mentors shall complete mentoring training
2by entities approved by the State Board and meet any other
3requirements set forth by the State Board and by the school
4district employing the mentor.
5    (c) The State Board shall certify an entity or entities
6approved to provide training of mentors.
7    (d) A mentor shall be assigned to a new principal based on
8(i) similarity of grade level or type of school, (ii) learning
9needs of the new principal, and (iii) geographical proximity of
10the mentor to the new principal. The principal, in
11collaboration with the mentor, shall identify areas for
12improvement of the new principal's professional growth,
13including, but not limited to, each of the following:
14        (1) Analyzing data and applying it to practice.
15        (2) Aligning professional development and
16    instructional programs.
17        (3) Building a professional learning community.
18        (4) Observing classroom practices and providing
19    feedback.
20        (5) Facilitating effective meetings.
21        (6) Developing distributive leadership practices.
22        (7) Facilitating organizational change.
23The mentor shall not be required to provide an evaluation of
24the new principal on the basis of the mentoring relationship.
25    (e) On or before July 1, 2008 and on or after July 1 of each
26year thereafter, the State Board shall facilitate a review and

 

 

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1evaluate the mentoring training program in collaboration with
2the approved providers. Each new principal and his or her
3mentor must complete a verification form developed by the State
4Board in order to certify their completion of a new principal
5mentoring program.
6    (f) The requirements of this Section do not apply to any
7individual who has previously served as an assistant principal
8in Illinois acting under an administrative certificate for 5 or
9more years and who is hired, on or after July 1, 2007, as a
10principal by the school district in which the individual last
11served as an assistant principal, although such an individual
12may choose to participate in this program or shall be required
13to participate by the school district.
14    (g) The State Board may adopt any rules necessary for the
15implementation of this Section.
16    (h) On an annual basis, the State Superintendent of
17Education shall determine whether appropriations are likely to
18be sufficient to require operation of the mentoring program for
19the coming year. In doing so, the State Superintendent of
20Education shall first determine whether it is likely that funds
21will be sufficient to require operation of the mentoring
22program for individuals in their first year as principal and
23shall then determine whether it is likely that funds will be
24sufficient to require operation of the mentoring program for
25individuals in their second year as principal.
26(Source: P.A. 96-373, eff. 8-13-09.)
 

 

 

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1    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)
2    Sec. 10-21.4. Superintendent - Duties. Except in districts
3in which there is only one school with less than four teachers,
4to employ a superintendent who shall have charge of the
5administration of the schools under the direction of the board
6of education. In addition to the administrative duties, the
7superintendent shall make recommendations to the board
8concerning the budget, building plans, the locations of sites,
9the selection, retention and dismissal of teachers and all
10other employees, the selection of textbooks, instructional
11material and courses of study. However, in districts under a
12Financial Oversight Panel pursuant to Section 1A-8 for
13violating a financial plan, the duties and responsibilities of
14the superintendent in relation to the financial and business
15operations of the district shall be approved by the Panel. In
16the event the Board refuses or fails to follow a directive or
17comply with an information request of the Panel, the
18performance of those duties shall be subject to the direction
19of the Panel. The superintendent shall also notify the State
20Board of Education, the board and the chief administrative
21official, other than the alleged perpetrator himself, in the
22school where the alleged perpetrator serves, that any person
23who is employed in a school or otherwise comes into frequent
24contact with children in the school has been named as a
25perpetrator in an indicated report filed pursuant to the Abused

 

 

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1and Neglected Child Reporting Act, approved June 26, 1975, as
2amended. The superintendent shall keep or cause to be kept the
3records and accounts as directed and required by the board, aid
4in making reports required by the board, and perform such other
5duties as the board may delegate to him.
6    In addition, each year at a time designated by the State
7Superintendent of Education in January of each year, each
8superintendent shall report to the State Board of Education the
9number of high school students in the district who are enrolled
10in accredited courses (for which high school credit will be
11awarded upon successful completion of the courses) at any
12community college, together with the name and number of the
13course or courses which each such student is taking.
14    The provisions of this section shall also apply to board of
15director districts.
16    Notice of intent not to renew a contract must be given in
17writing stating the specific reason therefor by April 1 of the
18contract year unless the contract specifically provides
19otherwise. Failure to do so will automatically extend the
20contract for an additional year. Within 10 days after receipt
21of notice of intent not to renew a contract, the superintendent
22may request a closed session hearing on the dismissal. At the
23hearing the superintendent has the privilege of presenting
24evidence, witnesses and defenses on the grounds for dismissal.
25The provisions of this paragraph shall not apply to a district
26under a Financial Oversight Panel pursuant to Section 1A-8 for

 

 

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1violating a financial plan.
2(Source: P.A. 95-496, eff. 8-28-07.)
 
3    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
4    Sec. 14-8.02. Identification, Evaluation and Placement of
5Children.
6    (a) The State Board of Education shall make rules under
7which local school boards shall determine the eligibility of
8children to receive special education. Such rules shall ensure
9that a free appropriate public education be available to all
10children with disabilities as defined in Section 14-1.02. The
11State Board of Education shall require local school districts
12to administer non-discriminatory procedures or tests to
13limited English proficiency students coming from homes in which
14a language other than English is used to determine their
15eligibility to receive special education. The placement of low
16English proficiency students in special education programs and
17facilities shall be made in accordance with the test results
18reflecting the student's linguistic, cultural and special
19education needs. For purposes of determining the eligibility of
20children the State Board of Education shall include in the
21rules definitions of "case study", "staff conference",
22"individualized educational program", and "qualified
23specialist" appropriate to each category of children with
24disabilities as defined in this Article. For purposes of
25determining the eligibility of children from homes in which a

 

 

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1language other than English is used, the State Board of
2Education shall include in the rules definitions for "qualified
3bilingual specialists" and "linguistically and culturally
4appropriate individualized educational programs". For purposes
5of this Section, as well as Sections 14-8.02a, 14-8.02b, and
614-8.02c of this Code, "parent" means a parent as defined in
7the federal Individuals with Disabilities Education Act (20
8U.S.C. 1401(23)).
9    (b) No child shall be eligible for special education
10facilities except with a carefully completed case study fully
11reviewed by professional personnel in a multidisciplinary
12staff conference and only upon the recommendation of qualified
13specialists or a qualified bilingual specialist, if available.
14At the conclusion of the multidisciplinary staff conference,
15the parent of the child shall be given a copy of the
16multidisciplinary conference summary report and
17recommendations, which includes options considered, and be
18informed of their right to obtain an independent educational
19evaluation if they disagree with the evaluation findings
20conducted or obtained by the school district. If the school
21district's evaluation is shown to be inappropriate, the school
22district shall reimburse the parent for the cost of the
23independent evaluation. The State Board of Education shall,
24with advice from the State Advisory Council on Education of
25Children with Disabilities on the inclusion of specific
26independent educational evaluators, prepare a list of

 

 

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1suggested independent educational evaluators. The State Board
2of Education shall include on the list clinical psychologists
3licensed pursuant to the Clinical Psychologist Licensing Act.
4Such psychologists shall not be paid fees in excess of the
5amount that would be received by a school psychologist for
6performing the same services. The State Board of Education
7shall supply school districts with such list and make the list
8available to parents at their request. School districts shall
9make the list available to parents at the time they are
10informed of their right to obtain an independent educational
11evaluation. However, the school district may initiate an
12impartial due process hearing under this Section within 5 days
13of any written parent request for an independent educational
14evaluation to show that its evaluation is appropriate. If the
15final decision is that the evaluation is appropriate, the
16parent still has a right to an independent educational
17evaluation, but not at public expense. An independent
18educational evaluation at public expense must be completed
19within 30 days of a parent written request unless the school
20district initiates an impartial due process hearing or the
21parent or school district offers reasonable grounds to show
22that such 30 day time period should be extended. If the due
23process hearing decision indicates that the parent is entitled
24to an independent educational evaluation, it must be completed
25within 30 days of the decision unless the parent or the school
26district offers reasonable grounds to show that such 30 day

 

 

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1period should be extended. If a parent disagrees with the
2summary report or recommendations of the multidisciplinary
3conference or the findings of any educational evaluation which
4results therefrom, the school district shall not proceed with a
5placement based upon such evaluation and the child shall remain
6in his or her regular classroom setting. No child shall be
7eligible for admission to a special class for the educable
8mentally disabled or for the trainable mentally disabled except
9with a psychological evaluation and recommendation by a school
10psychologist. Consent shall be obtained from the parent of a
11child before any evaluation is conducted. If consent is not
12given by the parent or if the parent disagrees with the
13findings of the evaluation, then the school district may
14initiate an impartial due process hearing under this Section.
15The school district may evaluate the child if that is the
16decision resulting from the impartial due process hearing and
17the decision is not appealed or if the decision is affirmed on
18appeal. The determination of eligibility shall be made and the
19IEP meeting shall be completed within 60 school days from the
20date of written parental consent. In those instances when
21written parental consent is obtained with fewer than 60 pupil
22attendance days left in the school year, the eligibility
23determination shall be made and the IEP meeting shall be
24completed prior to the first day of the following school year.
25After a child has been determined to be eligible for a special
26education class, such child must be placed in the appropriate

 

 

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1program pursuant to the individualized educational program by
2or no later than the beginning of the next school semester. The
3appropriate program pursuant to the individualized educational
4program of students whose native tongue is a language other
5than English shall reflect the special education, cultural and
6linguistic needs. No later than September 1, 1993, the State
7Board of Education shall establish standards for the
8development, implementation and monitoring of appropriate
9bilingual special individualized educational programs. The
10State Board of Education shall further incorporate appropriate
11monitoring procedures to verify implementation of these
12standards. The district shall indicate to the parent and the
13State Board of Education the nature of the services the child
14will receive for the regular school term while waiting
15placement in the appropriate special education class.
16    If the child is deaf, hard of hearing, blind, or visually
17impaired and he or she might be eligible to receive services
18from the Illinois School for the Deaf or the Illinois School
19for the Visually Impaired, the school district shall notify the
20parents, in writing, of the existence of these schools and the
21services they provide and shall make a reasonable effort to
22inform the parents of the existence of other, local schools
23that provide similar services and the services that these other
24schools provide. This notification shall include without
25limitation information on school services, school admissions
26criteria, and school contact information.

 

 

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1    In the development of the individualized education program
2for a student who has a disability on the autism spectrum
3(which includes autistic disorder, Asperger's disorder,
4pervasive developmental disorder not otherwise specified,
5childhood disintegrative disorder, and Rett Syndrome, as
6defined in the Diagnostic and Statistical Manual of Mental
7Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
8consider all of the following factors:
9        (1) The verbal and nonverbal communication needs of the
10    child.
11        (2) The need to develop social interaction skills and
12    proficiencies.
13        (3) The needs resulting from the child's unusual
14    responses to sensory experiences.
15        (4) The needs resulting from resistance to
16    environmental change or change in daily routines.
17        (5) The needs resulting from engagement in repetitive
18    activities and stereotyped movements.
19        (6) The need for any positive behavioral
20    interventions, strategies, and supports to address any
21    behavioral difficulties resulting from autism spectrum
22    disorder.
23        (7) Other needs resulting from the child's disability
24    that impact progress in the general curriculum, including
25    social and emotional development.
26Public Act 95-257 does not create any new entitlement to a

 

 

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1service, program, or benefit, but must not affect any
2entitlement to a service, program, or benefit created by any
3other law.
4    If the student may be eligible to participate in the
5Home-Based Support Services Program for Mentally Disabled
6Adults authorized under the Developmental Disability and
7Mental Disability Services Act upon becoming an adult, the
8student's individualized education program shall include plans
9for (i) determining the student's eligibility for those
10home-based services, (ii) enrolling the student in the program
11of home-based services, and (iii) developing a plan for the
12student's most effective use of the home-based services after
13the student becomes an adult and no longer receives special
14educational services under this Article. The plans developed
15under this paragraph shall include specific actions to be taken
16by specified individuals, agencies, or officials.
17    (c) In the development of the individualized education
18program for a student who is functionally blind, it shall be
19presumed that proficiency in Braille reading and writing is
20essential for the student's satisfactory educational progress.
21For purposes of this subsection, the State Board of Education
22shall determine the criteria for a student to be classified as
23functionally blind. Students who are not currently identified
24as functionally blind who are also entitled to Braille
25instruction include: (i) those whose vision loss is so severe
26that they are unable to read and write at a level comparable to

 

 

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1their peers solely through the use of vision, and (ii) those
2who show evidence of progressive vision loss that may result in
3functional blindness. Each student who is functionally blind
4shall be entitled to Braille reading and writing instruction
5that is sufficient to enable the student to communicate with
6the same level of proficiency as other students of comparable
7ability. Instruction should be provided to the extent that the
8student is physically and cognitively able to use Braille.
9Braille instruction may be used in combination with other
10special education services appropriate to the student's
11educational needs. The assessment of each student who is
12functionally blind for the purpose of developing the student's
13individualized education program shall include documentation
14of the student's strengths and weaknesses in Braille skills.
15Each person assisting in the development of the individualized
16education program for a student who is functionally blind shall
17receive information describing the benefits of Braille
18instruction. The individualized education program for each
19student who is functionally blind shall specify the appropriate
20learning medium or media based on the assessment report.
21    (d) To the maximum extent appropriate, the placement shall
22provide the child with the opportunity to be educated with
23children who are not disabled; provided that children with
24disabilities who are recommended to be placed into regular
25education classrooms are provided with supplementary services
26to assist the children with disabilities to benefit from the

 

 

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1regular classroom instruction and are included on the teacher's
2regular education class register. Subject to the limitation of
3the preceding sentence, placement in special classes, separate
4schools or other removal of the disabled child from the regular
5educational environment shall occur only when the nature of the
6severity of the disability is such that education in the
7regular classes with the use of supplementary aids and services
8cannot be achieved satisfactorily. The placement of limited
9English proficiency students with disabilities shall be in
10non-restrictive environments which provide for integration
11with non-disabled peers in bilingual classrooms. Annually,
12each January, school districts shall report data on students
13from non-English speaking backgrounds receiving special
14education and related services in public and private facilities
15as prescribed in Section 2-3.30. If there is a disagreement
16between parties involved regarding the special education
17placement of any child, either in-state or out-of-state, the
18placement is subject to impartial due process procedures
19described in Article 10 of the Rules and Regulations to Govern
20the Administration and Operation of Special Education.
21    (e) No child who comes from a home in which a language
22other than English is the principal language used may be
23assigned to any class or program under this Article until he
24has been given, in the principal language used by the child and
25used in his home, tests reasonably related to his cultural
26environment. All testing and evaluation materials and

 

 

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1procedures utilized for evaluation and placement shall not be
2linguistically, racially or culturally discriminatory.
3    (f) Nothing in this Article shall be construed to require
4any child to undergo any physical examination or medical
5treatment whose parents object thereto on the grounds that such
6examination or treatment conflicts with his religious beliefs.
7    (g) School boards or their designee shall provide to the
8parents of a child prior written notice of any decision (a)
9proposing to initiate or change, or (b) refusing to initiate or
10change, the identification, evaluation, or educational
11placement of the child or the provision of a free appropriate
12public education to their child, and the reasons therefor. Such
13written notification shall also inform the parent of the
14opportunity to present complaints with respect to any matter
15relating to the educational placement of the student, or the
16provision of a free appropriate public education and to have an
17impartial due process hearing on the complaint. The notice
18shall inform the parents in the parents' native language,
19unless it is clearly not feasible to do so, of their rights and
20all procedures available pursuant to this Act and the federal
21Individuals with Disabilities Education Improvement Act of
222004 (Public Law 108-446); it shall be the responsibility of
23the State Superintendent to develop uniform notices setting
24forth the procedures available under this Act and the federal
25Individuals with Disabilities Education Improvement Act of
262004 (Public Law 108-446) to be used by all school boards. The

 

 

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1notice shall also inform the parents of the availability upon
2request of a list of free or low-cost legal and other relevant
3services available locally to assist parents in initiating an
4impartial due process hearing. Any parent who is deaf, or does
5not normally communicate using spoken English, who
6participates in a meeting with a representative of a local
7educational agency for the purposes of developing an
8individualized educational program shall be entitled to the
9services of an interpreter.
10    (g-5) For purposes of this subsection (g-5), "qualified
11professional" means an individual who holds credentials to
12evaluate the child in the domain or domains for which an
13evaluation is sought or an intern working under the direct
14supervision of a qualified professional, including a master's
15or doctoral degree candidate.
16    To ensure that a parent can participate fully and
17effectively with school personnel in the development of
18appropriate educational and related services for his or her
19child, the parent, an independent educational evaluator, or a
20qualified professional retained by or on behalf of a parent or
21child must be afforded reasonable access to educational
22facilities, personnel, classrooms, and buildings and to the
23child as provided in this subsection (g-5). The requirements of
24this subsection (g-5) apply to any public school facility,
25building, or program and to any facility, building, or program
26supported in whole or in part by public funds. Prior to

 

 

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1visiting a school, school building, or school facility, the
2parent, independent educational evaluator, or qualified
3professional may be required by the school district to inform
4the building principal or supervisor in writing of the proposed
5visit, the purpose of the visit, and the approximate duration
6of the visit. The visitor and the school district shall arrange
7the visit or visits at times that are mutually agreeable.
8Visitors shall comply with school safety, security, and
9visitation policies at all times. School district visitation
10policies must not conflict with this subsection (g-5). Visitors
11shall be required to comply with the requirements of applicable
12privacy laws, including those laws protecting the
13confidentiality of education records such as the federal Family
14Educational Rights and Privacy Act and the Illinois School
15Student Records Act. The visitor shall not disrupt the
16educational process.
17        (1) A parent must be afforded reasonable access of
18    sufficient duration and scope for the purpose of observing
19    his or her child in the child's current educational
20    placement, services, or program or for the purpose of
21    visiting an educational placement or program proposed for
22    the child.
23        (2) An independent educational evaluator or a
24    qualified professional retained by or on behalf of a parent
25    or child must be afforded reasonable access of sufficient
26    duration and scope for the purpose of conducting an

 

 

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1    evaluation of the child, the child's performance, the
2    child's current educational program, placement, services,
3    or environment, or any educational program, placement,
4    services, or environment proposed for the child, including
5    interviews of educational personnel, child observations,
6    assessments, tests or assessments of the child's
7    educational program, services, or placement or of any
8    proposed educational program, services, or placement. If
9    one or more interviews of school personnel are part of the
10    evaluation, the interviews must be conducted at a mutually
11    agreed upon time, date, and place that do not interfere
12    with the school employee's school duties. The school
13    district may limit interviews to personnel having
14    information relevant to the child's current educational
15    services, program, or placement or to a proposed
16    educational service, program, or placement.
17    (h) (Blank).
18    (i) (Blank).
19    (j) (Blank).
20    (k) (Blank).
21    (l) (Blank).
22    (m) (Blank).
23    (n) (Blank).
24    (o) (Blank).
25(Source: P.A. 95-257, eff. 1-1-08; 95-876, eff. 8-21-08;
2696-657, eff. 8-25-09.)
 

 

 

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1    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
2    Sec. 18-12. Dates for filing State aid claims. The school
3board of each school district shall require teachers,
4principals, or superintendents to furnish from records kept by
5them such data as it needs in preparing and certifying to the
6State Superintendent of Education regional superintendent its
7school district report of claims provided in Sections 18-8.05
8through 18-9 as required by the State Superintendent of
9Education. The district claim shall be based on the latest
10available equalized assessed valuation and tax rates, as
11provided in Section 18-8.05 and shall use the average daily
12attendance as determined by the method outlined in Section
1318-8.05 and shall be certified and filed with the State
14Superintendent of Education regional superintendent by June 21
15for districts with an official school calendar end date before
16June 15 or within 2 weeks following the official school
17calendar end date for districts with a school year end date of
18June 15 or later. The regional superintendent shall certify and
19file with the State Superintendent of Education district State
20aid claims by July 1 for districts with an official school
21calendar end date before June 15 or no later than July 15 for
22districts with an official school calendar end date of June 15
23or later. Failure to so file by these deadlines constitutes a
24forfeiture of the right to receive payment by the State until
25such claim is filed and vouchered for payment. The regional

 

 

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1superintendent of schools shall certify the county report of
2claims by July 15; and the State Superintendent of Education
3shall voucher for payment those claims to the State Comptroller
4as provided in Section 18-11.
5    Except as otherwise provided in this Section, if any school
6district fails to provide the minimum school term specified in
7Section 10-19, the State aid claim for that year shall be
8reduced by the State Superintendent of Education in an amount
9equivalent to 1/176 or .56818% for each day less than the
10number of days required by this Code.
11    If the State Superintendent of Education determines that
12the failure to provide the minimum school term was occasioned
13by an act or acts of God, or was occasioned by conditions
14beyond the control of the school district which posed a
15hazardous threat to the health and safety of pupils, the State
16aid claim need not be reduced.
17    If a school district is precluded from providing the
18minimum hours of instruction required for a full day of
19attendance due to an adverse weather condition or a condition
20beyond the control of the school district that poses a
21hazardous threat to the health and safety of students, then the
22partial day of attendance may be counted if (i) the school
23district has provided at least one hour of instruction prior to
24the closure of the school district, (ii) a school building has
25provided at least one hour of instruction prior to the closure
26of the school building, or (iii) the normal start time of the

 

 

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1school district is delayed.
2    If, prior to providing any instruction, a school district
3must close one or more but not all school buildings after
4consultation with a local emergency response agency or due to a
5condition beyond the control of the school district, then the
6school district may claim attendance for up to 2 school days
7based on the average attendance of the 3 school days
8immediately preceding the closure of the affected school
9building. The partial or no day of attendance described in this
10Section and the reasons therefore shall be certified within a
11month of the closing or delayed start by the school district
12superintendent to the regional superintendent of schools for
13forwarding to the State Superintendent of Education for
14approval.
15    No exception to the requirement of providing a minimum
16school term may be approved by the State Superintendent of
17Education pursuant to this Section unless a school district has
18first used all emergency days provided for in its regular
19calendar.
20    If the State Superintendent of Education declares that an
21energy shortage exists during any part of the school year for
22the State or a designated portion of the State, a district may
23operate the school attendance centers within the district 4
24days of the week during the time of the shortage by extending
25each existing school day by one clock hour of school work, and
26the State aid claim shall not be reduced, nor shall the

 

 

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1employees of that district suffer any reduction in salary or
2benefits as a result thereof. A district may operate all
3attendance centers on this revised schedule, or may apply the
4schedule to selected attendance centers, taking into
5consideration such factors as pupil transportation schedules
6and patterns and sources of energy for individual attendance
7centers.
8    Electronically submitted State aid claims shall be
9submitted by duly authorized district or regional individuals
10over a secure network that is password protected. The
11electronic submission of a State aid claim must be accompanied
12with an affirmation that all of the provisions of Sections
1318-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
14all respects.
15(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
1695-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
 
17    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
18    Sec. 26-2a. A "truant" is defined as a child subject to
19compulsory school attendance and who is absent without valid
20cause from such attendance for a school day or portion thereof.
21    "Valid cause" for absence shall be illness, observance of a
22religious holiday, death in the immediate family, family
23emergency, and shall include such other situations beyond the
24control of the student as determined by the board of education
25in each district, or such other circumstances which cause

 

 

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1reasonable concern to the parent for the safety or health of
2the student.
3    "Chronic or habitual truant" shall be defined as a child
4subject to compulsory school attendance and who is absent
5without valid cause from such attendance for 10% or more of the
6previous 180 regular attendance days.
7    "Truant minor" is defined as a chronic truant to whom
8supportive services, including prevention, diagnostic,
9intervention and remedial services, alternative programs and
10other school and community resources have been provided and
11have failed to result in the cessation of chronic truancy, or
12have been offered and refused.
13    A "dropout" is defined as any child enrolled in grades one
149 through 12 whose name has been removed from the district
15enrollment roster for any reason other than the student's
16death, extended illness, removal for medical non-compliance,
17expulsion, aging out, graduation, or completion of a program of
18studies and who has not transferred to another public or
19private school or moved out of the United States and is not
20known to be home-schooled by his or her parents or guardians or
21continuing school in another country.
22    "Religion" for the purposes of this Article, includes all
23aspects of religious observance and practice, as well as
24belief.
25(Source: P.A. 96-1423, eff. 8-3-10.)
 

 

 

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1    (105 ILCS 5/34-8)  (from Ch. 122, par. 34-8)
2    Sec. 34-8. Powers and duties of general superintendent. The
3general superintendent of schools shall prescribe and control,
4subject to the approval of the board and to other provisions of
5this Article, the courses of study mandated by State law,
6textbooks, educational apparatus and equipment, discipline in
7and conduct of the schools, and shall perform such other duties
8as the board may by rule prescribe. The superintendent shall
9also notify the State Board of Education, the board and the
10chief administrative official, other than the alleged
11perpetrator himself, in the school where the alleged
12perpetrator serves, that any person who is employed in a school
13or otherwise comes into frequent contact with children in the
14school has been named as a perpetrator in an indicated report
15filed pursuant to the Abused and Neglected Child Reporting Act,
16approved June 26, 1975, as amended.
17    The general superintendent may be granted the authority by
18the board to hire a specific number of employees to assist in
19meeting immediate responsibilities. Conditions of employment
20for such personnel shall not be subject to the provisions of
21Section 34-85.
22    The general superintendent may, pursuant to a delegation of
23authority by the board and Section 34-18, approve contracts and
24expenditures.
25    Pursuant to other provisions of this Article, sites shall
26be selected, schoolhouses located thereon and plans therefor

 

 

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1approved, and textbooks and educational apparatus and
2equipment shall be adopted and purchased by the board only upon
3the recommendation of the general superintendent of schools or
4by a majority vote of the full membership of the board and, in
5the case of textbooks, subject to Article 28 of this Act. The
6board may furnish free textbooks to pupils and may publish its
7own textbooks and manufacture its own apparatus, equipment and
8supplies.
9    In addition, each year at a time designated by the State
10Superintendent of Education in January of each year, the
11general superintendent of schools shall report to the State
12Board of Education the number of high school students in the
13district who are enrolled in accredited courses (for which high
14school credit will be awarded upon successful completion of the
15courses) at any community college, together with the name and
16number of the course or courses which each such student is
17taking.
18    The general superintendent shall also have the authority to
19monitor the performance of attendance centers, to identify and
20place an attendance center on remediation and probation, and to
21recommend to the board that the attendance center be placed on
22intervention and be reconstituted, subject to the provisions of
23Sections 34-8.3 and 8.4.
24    The general superintendent, or his or her designee, shall
25conduct an annual evaluation of each principal in the district
26pursuant to guidelines promulgated by the Board and the Board

 

 

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1approved principal evaluation form. The evaluation shall be
2based on factors, including the following: (i) student academic
3improvement, as defined by the school improvement plan; (ii)
4student absenteeism rates at the school; (iii) instructional
5leadership; (iv) effective implementation of programs,
6policies, or strategies to improve student academic
7achievement; (v) school management; and (vi) other factors,
8including, without limitation, the principal's communication
9skills and ability to create and maintain a student-centered
10learning environment, to develop opportunities for
11professional development, and to encourage parental
12involvement and community partnerships to achieve school
13improvement.
14    Effective no later than September 1, 2012, the general
15superintendent or his or her designee shall develop a written
16principal evaluation plan. The evaluation plan must be in
17writing and shall supersede the evaluation requirements set
18forth in this Section. The evaluation plan must do at least all
19of the following:
20        (1) Provide for annual evaluation of all principals
21    employed under a performance contract by the general
22    superintendent or his or her designee, no later than July
23    1st of each year.
24        (2) Consider the principal's specific duties,
25    responsibilities, management, and competence as a
26    principal.

 

 

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1        (3) Specify the principal's strengths and weaknesses,
2    with supporting reasons.
3        (4) Align with research-based standards.
4        (5) Use data and indicators on student growth as a
5    significant factor in rating principal performance.
6(Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
 
7    (105 ILCS 5/2-3.9 rep.)
8    (105 ILCS 5/2-3.10 rep.)
9    (105 ILCS 5/2-3.17 rep.)
10    (105 ILCS 5/2-3.70 rep.)
11    (105 ILCS 5/2-3.87 rep.)
12    (105 ILCS 5/2-3.111 rep.)
13    (105 ILCS 5/13B-35.15 rep.)
14    (105 ILCS 5/13B-35.20 rep.)
15    (105 ILCS 5/13B-40 rep.)
16    Section 10. The School Code is amended by repealing
17Sections 2-3.9, 2-3.10, 2-3.17, 2-3.70, 2-3.87, 2-3.111,
1813B-35.15, 13B-35.20, and 13B-40.
 
19    Section 15. The Critical Health Problems and Comprehensive
20Health Education Act is amended by changing Section 6 as
21follows:
 
22    (105 ILCS 110/6)  (from Ch. 122, par. 866)
23    Sec. 6. Rules and Regulations. In carrying out the powers

 

 

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1and duties of the State Board of Education and the advisory
2committee established by this Act, the State Board is and such
3committee are authorized to promulgate rules and regulations in
4order to implement the provisions of this Act.
5(Source: P.A. 81-1508.)
 
6    (105 ILCS 110/5 rep.)
7    Section 20. The Critical Health Problems and Comprehensive
8Health Education Act is amended by repealing Section 5.
 
9    (105 ILCS 215/Act rep.)
10    Section 25. The Chicago Community Schools Study Commission
11Act is repealed.

 

 

HB3022- 32 -LRB097 00297 NHT 40315 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/2-3.7from Ch. 122, par. 2-3.7
4    105 ILCS 5/2-3.11c
5    105 ILCS 5/2-3.22from Ch. 122, par. 2-3.22
6    105 ILCS 5/2-3.27from Ch. 122, par. 2-3.27
7    105 ILCS 5/2-3.53a
8    105 ILCS 5/10-21.4from Ch. 122, par. 10-21.4
9    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
10    105 ILCS 5/18-12from Ch. 122, par. 18-12
11    105 ILCS 5/26-2afrom Ch. 122, par. 26-2a
12    105 ILCS 5/34-8from Ch. 122, par. 34-8
13    105 ILCS 5/2-3.9 rep.
14    105 ILCS 5/2-3.10 rep.
15    105 ILCS 5/2-3.17 rep.
16    105 ILCS 5/2-3.70 rep.
17    105 ILCS 5/2-3.87 rep.
18    105 ILCS 5/2-3.111 rep.
19    105 ILCS 5/13B-35.15 rep.
20    105 ILCS 5/13B-35.20 rep.
21    105 ILCS 5/13B-40 rep.
22    105 ILCS 110/6from Ch. 122, par. 866
23    105 ILCS 110/5 rep.
24    105 ILCS 215/Act rep.