Illinois General Assembly - Full Text of HB5827
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Full Text of HB5827  97th General Assembly

HB5827 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5827

 

Introduced 2/16/2012, by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Makes changes concerning the legal adviser of school officers, budgets and accounting practices, the new principal mentoring program, a task force concerning the inspection and review of school facilities, a task force concerning school wellness policies, joint educational program agreements, supervisory expenses, State aid claims, dropouts, charter school proposals, and reporting on the number of Chicago high school students enrolled in courses at a community college. Repeals Sections concerning a block grant report, granting and suspending teachers' certificates, visiting charitable institutions, information furnished by regional superintendents, service evaluation 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.


LRB097 19947 AMC 65239 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5827LRB097 19947 AMC 65239 b

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, 2-3.22, 2-3.27, 2-3.53a, 2-3.137, 2-3.139, 10-22.31a,
618-6, 18-12, 26-2a, 27A-7, 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 5/2-3.22)  (from Ch. 122, par. 2-3.22)
15    Sec. 2-3.22. Withholding school funds or compensation of
16regional superintendent of schools. To require the State
17Comptroller to withhold from the regional superintendent of
18schools the amount due the regional superintendent of schools
19for his compensation, until the reports, statements, books,
20vouchers and other records provided for in Sections 2-3.17,
212-3.17a and 3-15.8 have been furnished.
22(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 5/2-3.137)
2    Sec. 2-3.137. Inspection and review of school facilities;
3task force.
4    (a) The State Board of Education shall adopt rules for the
5documentation of school plan reviews and inspections of school
6facilities, including the responsible individual's signature.
7Such documents shall be kept on file by the regional
8superintendent of schools. The State Board of Education shall
9also adopt rules for the qualifications of persons performing
10the reviews and inspections, which must be consistent with the
11recommendations in the task force's report issued to the
12Governor and the General Assembly under subsection (b) of this
13Section. Those qualifications shall include requirements for
14training, education, and at least 2 years of relevant
15experience.
16    (a-5) Rules adopted by the State Board of Education in
17accordance with subsection (a) of this Section shall require
18fees to be collected for use in defraying costs associated with
19the administration of these and other provisions contained in
20the Health/Life Safety Code for Public Schools required by
21Section 2-3.12 of this Code.
22    (b) (Blank). The State Board of Education shall convene a
23task force for the purpose of reviewing the documents required
24under rules adopted under subsection (a) of this Section and
25making recommendations regarding training and accreditation of

 

 

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1individuals performing reviews or inspections required under
2Section 2-3.12, 3-14.20, 3-14.21, or 3-14.22 of this Code,
3including regional superintendents of schools and others
4performing reviews or inspections under the authority of a
5regional superintendent (such as consultants, municipalities,
6and fire protection districts).
7    The task force shall consist of all of the following
8members:
9        (1) The Executive Director of the Capital Development
10    Board or his or her designee and a staff representative of
11    the Division of Building Codes and Regulations.
12        (2) The State Superintendent of Education or his or her
13    designee.
14        (3) A person appointed by the State Board of Education.
15        (4) A person appointed by an organization representing
16    school administrators.
17        (5) A person appointed by an organization representing
18    suburban school administrators and school board members.
19        (6) A person appointed by an organization representing
20    architects.
21        (7) A person appointed by an organization representing
22    regional superintendents of schools.
23        (8) A person appointed by an organization representing
24    fire inspectors.
25        (9) A person appointed by an organization representing
26    Code administrators.

 

 

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1        (10) A person appointed by an organization
2    representing plumbing inspectors.
3        (11) A person appointed by an organization that
4    represents both parents and teachers.
5        (12) A person appointed by an organization
6    representing municipal governments in the State.
7        (13) A person appointed by the State Fire Marshal from
8    his or her office.
9        (14) A person appointed by an organization
10    representing fire chiefs.
11        (15) The Director of Public Health or his or her
12    designee.
13        (16) A person appointed by an organization
14    representing structural engineers.
15        (17) A person appointed by an organization
16    representing professional engineers.
17    The task force shall issue a report of its findings to the
18Governor and the General Assembly no later than January 1,
192006.
20(Source: P.A. 95-331, eff. 8-21-07; 96-734, eff. 8-25-09.)
 
21    (105 ILCS 5/2-3.139)
22    Sec. 2-3.139. School wellness policies; taskforce.
23    (a) The State Board of Education shall establish a State
24goal that all school districts have a wellness policy that is
25consistent with recommendations of the Centers for Disease

 

 

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1Control and Prevention (CDC), which recommendations include
2the following:
3        (1) nutrition guidelines for all foods sold on school
4    campus during the school day;
5        (2) setting school goals for nutrition education and
6    physical activity;
7        (3) establishing community participation in creating
8    local wellness policies; and
9        (4) creating a plan for measuring implementation of
10    these wellness policies.
11    The Department of Public Health, the Department of Human
12Services, and the State Board of Education shall form an
13interagency working group to publish model wellness policies
14and recommendations. Sample policies shall be based on CDC
15recommendations for nutrition and physical activity. The State
16Board of Education shall distribute the model wellness policies
17to all school districts before June 1, 2006.
18    (b) (Blank). There is created the School Wellness Policy
19Taskforce, consisting of the following members:
20        (1) One member representing the State Board of
21    Education, appointed by the State Board of Education.
22        (2) One member representing the Department of Public
23    Health, appointed by the Director of Public Health.
24        (3) One member representing the Department of Human
25    Services, appointed by the Secretary of Human Services.
26        (4) One member of an organization representing the

 

 

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1    interests of school nurses in this State, appointed by the
2    interagency working group.
3        (5) One member of an organization representing the
4    interests of school administrators in this State,
5    appointed by the interagency working group.
6        (6) One member of an organization representing the
7    interests of school boards in this State, appointed by the
8    interagency working group.
9        (7) One member of an organization representing the
10    interests of regional superintendents of schools in this
11    State, appointed by the interagency working group.
12        (8) One member of an organization representing the
13    interests of parent-teacher associations in this State,
14    appointed by the interagency working group.
15        (9) One member of an organization representing the
16    interests of pediatricians in this State, appointed by the
17    interagency working group.
18        (10) One member of an organization representing the
19    interests of dentists in this State, appointed by the
20    interagency working group.
21        (11) One member of an organization representing the
22    interests of dieticians in this State, appointed by the
23    interagency working group.
24        (12) One member of an organization that has an interest
25    and expertise in heart disease, appointed by the
26    interagency working group.

 

 

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1        (13) One member of an organization that has an interest
2    and expertise in cancer, appointed by the interagency
3    working group.
4        (14) One member of an organization that has an interest
5    and expertise in childhood obesity, appointed by the
6    interagency working group.
7        (15) One member of an organization that has an interest
8    and expertise in the importance of physical education and
9    recreation in preventing disease, appointed by the
10    interagency working group.
11        (16) One member of an organization that has an interest
12    and expertise in school food service, appointed by the
13    interagency working group.
14        (17) One member of an organization that has an interest
15    and expertise in school health, appointed by the
16    interagency working group.
17        (18) One member of an organization that campaigns for
18    programs and policies for healthier school environments,
19    appointed by the interagency working group.
20        (19) One at-large member with a doctorate in nutrition,
21    appointed by the State Board of Education.
22    Members of the taskforce shall serve without compensation.
23The taskforce shall meet at the call of the State Board of
24Education. The taskforce shall report its identification of
25barriers to implementing school wellness policies and its
26recommendations to reduce those barriers to the General

 

 

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1Assembly and the Governor on or before January 1, 2006. The
2taskforce shall report its recommendations on statewide school
3nutrition standards to the General Assembly and the Governor on
4or before January 1, 2007. The taskforce shall report its
5evaluation of the effectiveness of school wellness policies to
6the General Assembly and the Governor on or before January 1,
72008. The evaluation shall review a sample size of 5 to 10
8school districts. Reports shall be made to the General Assembly
9by filing copies of each report as provided in Section 3.1 of
10the General Assembly Organization Act. Upon the filing of the
11last report, the taskforce is dissolved.
12    (c) The State Board of Education may adopt any rules
13necessary to implement this Section.
14    (d) Nothing in this Section may be construed as a
15curricular mandate on any school district.
16(Source: P.A. 94-199, eff. 7-12-05; 95-331, eff. 8-21-07.)
 
17    (105 ILCS 5/10-22.31a)  (from Ch. 122, par. 10-22.31a)
18    Sec. 10-22.31a. Joint educational programs. To enter into
19joint agreements with other school boards or public
20institutions of higher education to establish any type of
21educational program which any district may establish
22individually, to provide the needed educational facilities and
23to employ a director and other professional workers for such
24program. The director and other professional workers may be
25employed by one district which shall be reimbursed on a

 

 

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1mutually agreed basis by other districts that are parties to
2the joint agreement. Such agreements may provide that one
3district may supply professional workers for a joint program
4conducted in another district. Such agreement shall be executed
5on forms provided by the State Board of Education and shall
6include, but not be limited to, provisions for administration,
7staff, programs, financing, housing, transportation and
8advisory body and provide for the withdrawal of districts from
9the joint agreement by petition to the regional board of school
10trustees. Such petitions for withdrawal shall be made to the
11regional board of school trustees of the region having
12supervision and control over the administrative district and
13shall be acted upon in the manner provided in Article 7 for the
14detachment of territory from a school district.
15    To designate an administrative district to act as fiscal
16and legal agent for the districts that are parties to such a
17joint agreement.
18(Source: P.A. 86-198; 86-1318.)
 
19    (105 ILCS 5/18-6)  (from Ch. 122, par. 18-6)
20    Sec. 18-6. Supervisory expenses. The State Board of
21Education shall annually request an appropriation from the
22common school fund for regional office of education expenses,
23aggregating $1,000 per county per year for each educational
24service region. The State Board of Education shall present
25vouchers to the Comptroller as soon as may be after the first

 

 

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1day of August each year for each regional office of education.
2Each regional office of education may draw upon these funds
3this fund for the expenses necessarily incurred in providing
4for supervisory services in the region.
5(Source: P.A. 88-9; 89-397, eff. 8-20-95.)
 
6    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
7    Sec. 18-12. Dates for filing State aid claims. The school
8board of each school district shall require teachers,
9principals, or superintendents to furnish from records kept by
10them such data as it needs in preparing and certifying to the
11State Superintendent of Education regional superintendent its
12school district report of claims provided in Sections 18-8.05
13through 18-9 as required by the State Superintendent of
14Education. The district claim shall be based on the latest
15available equalized assessed valuation and tax rates, as
16provided in Section 18-8.05 and shall use the average daily
17attendance as determined by the method outlined in Section
1818-8.05 and shall be certified and filed with the State
19Superintendent of Education regional superintendent by June 21
20for districts with an official school calendar end date before
21June 15 or within 2 weeks following the official school
22calendar end date for districts with a school year end date of
23June 15 or later. The regional superintendent shall certify and
24file with the State Superintendent of Education district State
25aid claims by July 1 for districts with an official school

 

 

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1calendar end date before June 15 or no later than July 15 for
2districts with an official school calendar end date of June 15
3or later. Failure to so file by these deadlines constitutes a
4forfeiture of the right to receive payment by the State until
5such claim is filed and vouchered for payment. The regional
6superintendent of schools shall certify the county report of
7claims by July 15; and the State Superintendent of Education
8shall voucher for payment those claims to the State Comptroller
9as provided in Section 18-11.
10    Except as otherwise provided in this Section, if any school
11district fails to provide the minimum school term specified in
12Section 10-19, the State aid claim for that year shall be
13reduced by the State Superintendent of Education in an amount
14equivalent to 1/176 or .56818% for each day less than the
15number of days required by this Code.
16    If the State Superintendent of Education determines that
17the failure to provide the minimum school term was occasioned
18by an act or acts of God, or was occasioned by conditions
19beyond the control of the school district which posed a
20hazardous threat to the health and safety of pupils, the State
21aid claim need not be reduced.
22    If a school district is precluded from providing the
23minimum hours of instruction required for a full day of
24attendance due to an adverse weather condition or a condition
25beyond the control of the school district that poses a
26hazardous threat to the health and safety of students, then the

 

 

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1partial day of attendance may be counted if (i) the school
2district has provided at least one hour of instruction prior to
3the closure of the school district, (ii) a school building has
4provided at least one hour of instruction prior to the closure
5of the school building, or (iii) the normal start time of the
6school district is delayed.
7    If, prior to providing any instruction, a school district
8must close one or more but not all school buildings after
9consultation with a local emergency response agency or due to a
10condition beyond the control of the school district, then the
11school district may claim attendance for up to 2 school days
12based on the average attendance of the 3 school days
13immediately preceding the closure of the affected school
14building. The partial or no day of attendance described in this
15Section and the reasons therefore shall be certified within a
16month of the closing or delayed start by the school district
17superintendent to the regional superintendent of schools for
18forwarding to the State Superintendent of Education for
19approval.
20    No exception to the requirement of providing a minimum
21school term may be approved by the State Superintendent of
22Education pursuant to this Section unless a school district has
23first used all emergency days provided for in its regular
24calendar.
25    If the State Superintendent of Education declares that an
26energy shortage exists during any part of the school year for

 

 

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1the State or a designated portion of the State, a district may
2operate the school attendance centers within the district 4
3days of the week during the time of the shortage by extending
4each existing school day by one clock hour of school work, and
5the State aid claim shall not be reduced, nor shall the
6employees of that district suffer any reduction in salary or
7benefits as a result thereof. A district may operate all
8attendance centers on this revised schedule, or may apply the
9schedule to selected attendance centers, taking into
10consideration such factors as pupil transportation schedules
11and patterns and sources of energy for individual attendance
12centers.
13    Electronically submitted State aid claims shall be
14submitted by duly authorized district or regional individuals
15over a secure network that is password protected. The
16electronic submission of a State aid claim must be accompanied
17with an affirmation that all of the provisions of Sections
1818-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
19all respects.
20(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
2195-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
 
22    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
23    Sec. 26-2a. A "truant" is defined as a child subject to
24compulsory school attendance and who is absent without valid
25cause from such attendance for a school day or portion thereof.

 

 

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1    "Valid cause" for absence shall be illness, observance of a
2religious holiday, death in the immediate family, family
3emergency, and shall include such other situations beyond the
4control of the student as determined by the board of education
5in each district, or such other circumstances which cause
6reasonable concern to the parent for the safety or health of
7the student.
8    "Chronic or habitual truant" shall be defined as a child
9who is subject to compulsory school attendance and who is
10absent without valid cause from such attendance for 5% or more
11of the previous 180 regular attendance days.
12    "Truant minor" is defined as a chronic truant to whom
13supportive services, including prevention, diagnostic,
14intervention and remedial services, alternative programs and
15other school and community resources have been provided and
16have failed to result in the cessation of chronic truancy, or
17have been offered and refused.
18    A "dropout" is defined as any child enrolled in grades one
199 through 12 whose name has been removed from the district
20enrollment roster for any reason other than the student's
21death, extended illness, removal for medical non-compliance,
22expulsion, aging out, graduation, or completion of a program of
23studies and who has not transferred to another public or
24private school or moved out of the United States and is not
25known to be home-schooled by his or her parents or guardians or
26continuing school in another country.

 

 

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1    "Religion" for the purposes of this Article, includes all
2aspects of religious observance and practice, as well as
3belief.
4(Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.)
 
5    (105 ILCS 5/27A-7)
6    Sec. 27A-7. Charter submission.
7    (a) A proposal to establish a charter school shall be
8submitted to the State Board and the local school board in the
9form of a proposed contract entered into between the local
10school board and the governing body of a proposed charter
11school. The charter school proposal as submitted to the State
12Board shall include:
13        (1) The name of the proposed charter school, which must
14    include the words "Charter School".
15        (2) The age or grade range, areas of focus, minimum and
16    maximum numbers of pupils to be enrolled in the charter
17    school, and any other admission criteria that would be
18    legal if used by a school district.
19        (3) A description of and address for the physical plant
20    in which the charter school will be located; provided that
21    nothing in the Article shall be deemed to justify delaying
22    or withholding favorable action on or approval of a charter
23    school proposal because the building or buildings in which
24    the charter school is to be located have not been acquired
25    or rented at the time a charter school proposal is

 

 

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1    submitted or approved or a charter school contract is
2    entered into or submitted for certification or certified,
3    so long as the proposal or submission identifies and names
4    at least 2 sites that are potentially available as a
5    charter school facility by the time the charter school is
6    to open.
7        (4) The mission statement of the charter school, which
8    must be consistent with the General Assembly's declared
9    purposes; provided that nothing in this Article shall be
10    construed to require that, in order to receive favorable
11    consideration and approval, a charter school proposal
12    demonstrate unequivocally that the charter school will be
13    able to meet each of those declared purposes, it being the
14    intention of the Charter Schools Law that those purposes be
15    recognized as goals that charter schools must aspire to
16    attain.
17        (5) The goals, objectives, and pupil performance
18    standards to be achieved by the charter school.
19        (6) In the case of a proposal to establish a charter
20    school by converting an existing public school or
21    attendance center to charter school status, evidence that
22    the proposed formation of the charter school has received
23    the approval of certified teachers, parents and guardians,
24    and, if applicable, a local school council as provided in
25    subsection (b) of Section 27A-8.
26        (7) A description of the charter school's educational

 

 

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1    program, pupil performance standards, curriculum, school
2    year, school days, and hours of operation.
3        (8) A description of the charter school's plan for
4    evaluating pupil performance, the types of assessments
5    that will be used to measure pupil progress towards
6    achievement of the school's pupil performance standards,
7    the timeline for achievement of those standards, and the
8    procedures for taking corrective action in the event that
9    pupil performance at the charter school falls below those
10    standards.
11        (9) Evidence that the terms of the charter as proposed
12    are economically sound for both the charter school and the
13    school district, a proposed budget for the term of the
14    charter, a description of the manner in which an annual
15    audit of the financial and administrative operations of the
16    charter school, including any services provided by the
17    school district, are to be conducted, and a plan for the
18    displacement of pupils, teachers, and other employees who
19    will not attend or be employed in the charter school.
20        (10) A description of the governance and operation of
21    the charter school, including the nature and extent of
22    parental, professional educator, and community involvement
23    in the governance and operation of the charter school.
24        (11) An explanation of the relationship that will exist
25    between the charter school and its employees, including
26    evidence that the terms and conditions of employment have

 

 

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1    been addressed with affected employees and their
2    recognized representative, if any. However, a bargaining
3    unit of charter school employees shall be separate and
4    distinct from any bargaining units formed from employees of
5    a school district in which the charter school is located.
6        (12) An agreement between the parties regarding their
7    respective legal liability and applicable insurance
8    coverage.
9        (13) A description of how the charter school plans to
10    meet the transportation needs of its pupils, and a plan for
11    addressing the transportation needs of low-income and
12    at-risk pupils.
13        (14) The proposed effective date and term of the
14    charter; provided that the first day of the first academic
15    year and the first day of the fiscal year shall be no
16    earlier than August 15 and the first day of the fiscal year
17    shall be July 1 no later than September 15 of a calendar
18    year.
19        (15) Any other information reasonably required by the
20    State Board of Education.
21    (b) A proposal to establish a charter school may be
22initiated by individuals or organizations that will have
23majority representation on the board of directors or other
24governing body of the corporation or other discrete legal
25entity that is to be established to operate the proposed
26charter school, by a board of education or an intergovernmental

 

 

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1agreement between or among boards of education, or by the board
2of directors or other governing body of a discrete legal entity
3already existing or established to operate the proposed charter
4school. The individuals or organizations referred to in this
5subsection may be school teachers, school administrators,
6local school councils, colleges or universities or their
7faculty members, public community colleges or their
8instructors or other representatives, corporations, or other
9entities or their representatives. The proposal shall be
10submitted to the local school board for consideration and, if
11appropriate, for development of a proposed contract to be
12submitted to the State Board for certification under Section
1327A-6.
14    (c) The local school board may not without the consent of
15the governing body of the charter school condition its approval
16of a charter school proposal on acceptance of an agreement to
17operate under State laws and regulations and local school board
18policies from which the charter school is otherwise exempted
19under this Article.
20(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
 
21    (105 ILCS 5/34-8)  (from Ch. 122, par. 34-8)
22    Sec. 34-8. Powers and duties of general superintendent. The
23general superintendent of schools shall prescribe and control,
24subject to the approval of the board and to other provisions of
25this Article, the courses of study mandated by State law,

 

 

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1textbooks, educational apparatus and equipment, discipline in
2and conduct of the schools, and shall perform such other duties
3as the board may by rule prescribe. The superintendent shall
4also notify the State Board of Education, the board and the
5chief administrative official, other than the alleged
6perpetrator himself, in the school where the alleged
7perpetrator serves, that any person who is employed in a school
8or otherwise comes into frequent contact with children in the
9school has been named as a perpetrator in an indicated report
10filed pursuant to the Abused and Neglected Child Reporting Act,
11approved June 26, 1975, as amended.
12    The general superintendent may be granted the authority by
13the board to hire a specific number of employees to assist in
14meeting immediate responsibilities. Conditions of employment
15for such personnel shall not be subject to the provisions of
16Section 34-85.
17    The general superintendent may, pursuant to a delegation of
18authority by the board and Section 34-18, approve contracts and
19expenditures.
20    Pursuant to other provisions of this Article, sites shall
21be selected, schoolhouses located thereon and plans therefor
22approved, and textbooks and educational apparatus and
23equipment shall be adopted and purchased by the board only upon
24the recommendation of the general superintendent of schools or
25by a majority vote of the full membership of the board and, in
26the case of textbooks, subject to Article 28 of this Act. The

 

 

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1board may furnish free textbooks to pupils and may publish its
2own textbooks and manufacture its own apparatus, equipment and
3supplies.
4    In addition, each year at a time designated by the State
5Superintendent of Education in January of each year, the
6general superintendent of schools shall report to the State
7Board of Education the number of high school students in the
8district who are enrolled in accredited courses (for which high
9school credit will be awarded upon successful completion of the
10courses) at any community college, together with the name and
11number of the course or courses which each such student is
12taking.
13    The general superintendent shall also have the authority to
14monitor the performance of attendance centers, to identify and
15place an attendance center on remediation and probation, and to
16recommend to the board that the attendance center be placed on
17intervention and be reconstituted, subject to the provisions of
18Sections 34-8.3 and 8.4.
19    The general superintendent, or his or her designee, shall
20conduct an annual evaluation of each principal in the district
21pursuant to guidelines promulgated by the Board and the Board
22approved principal evaluation form. The evaluation shall be
23based on factors, including the following: (i) student academic
24improvement, as defined by the school improvement plan; (ii)
25student absenteeism rates at the school; (iii) instructional
26leadership; (iv) effective implementation of programs,

 

 

HB5827- 26 -LRB097 19947 AMC 65239 b

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

 

 

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1(Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
 
2    (105 ILCS 5/1C-4 rep.)
3    (105 ILCS 5/2-3.9 rep.)
4    (105 ILCS 5/2-3.10 rep.)
5    (105 ILCS 5/2-3.17 rep.)
6    (105 ILCS 5/2-3.112 rep.)
7    (105 ILCS 5/13B-35.10 rep.)
8    (105 ILCS 5/13B-35.15 rep.)
9    (105 ILCS 5/13B-35.20 rep.)
10    (105 ILCS 5/13B-40 rep.)
11    Section 10. The School Code is amended by repealing
12Sections 1C-4, 2-3.9, 2-3.10, 2-3.17, 2-3.112, 13B-35.10,
1313B-35.15, 13B-35.20, and 13B-40.
 
14    Section 15. The Critical Health Problems and Comprehensive
15Health Education Act is amended by changing Section 6 as
16follows:
 
17    (105 ILCS 110/6)  (from Ch. 122, par. 866)
18    Sec. 6. Rules and Regulations. In carrying out the powers
19and duties of the State Board of Education and the advisory
20committee established by this Act, the State Board is and such
21committee are authorized to promulgate rules and regulations in
22order to implement the provisions of this Act.
23(Source: P.A. 81-1508.)
 

 

 

HB5827- 28 -LRB097 19947 AMC 65239 b

1    (105 ILCS 110/5 rep.)
2    Section 20. The Critical Health Problems and Comprehensive
3Health Education Act is amended by repealing Section 5.
 
4    (105 ILCS 215/Act rep.)
5    Section 25. The Chicago Community Schools Study Commission
6Act is repealed.

 

 

HB5827- 29 -LRB097 19947 AMC 65239 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 5/2-3.22from Ch. 122, par. 2-3.22
5    105 ILCS 5/2-3.27from Ch. 122, par. 2-3.27
6    105 ILCS 5/2-3.53a
7    105 ILCS 5/2-3.137
8    105 ILCS 5/2-3.139
9    105 ILCS 5/10-22.31afrom Ch. 122, par. 10-22.31a
10    105 ILCS 5/18-6from Ch. 122, par. 18-6
11    105 ILCS 5/18-12from Ch. 122, par. 18-12
12    105 ILCS 5/26-2afrom Ch. 122, par. 26-2a
13    105 ILCS 5/27A-7
14    105 ILCS 5/34-8from Ch. 122, par. 34-8
15    105 ILCS 5/1C-4 rep.
16    105 ILCS 5/2-3.9 rep.
17    105 ILCS 5/2-3.10 rep.
18    105 ILCS 5/2-3.17 rep.
19    105 ILCS 5/2-3.112 rep.
20    105 ILCS 5/13B-35.10 rep.
21    105 ILCS 5/13B-35.15 rep.
22    105 ILCS 5/13B-35.20 rep.
23    105 ILCS 5/13B-40 rep.
24    105 ILCS 110/6from Ch. 122, par. 866
25    105 ILCS 110/5 rep.

 

 

HB5827- 30 -LRB097 19947 AMC 65239 b

1    105 ILCS 215/Act rep.